| |
The CKIM Group,
Inc. |
WEB SITE AND TRAVEL
BOOKING TERMS, CONDITIONS AND NOTICES |
|
| Thank you for
visiting the Web site of The CKIM Group, Inc.
By using this Web site and/or booking travel products
through The CKIM Group, Inc., you agree to the
Terms, Conditions and Notices below on behalf
of yourself and any person using your account
to book such products. Please carefully read these
terms, conditions and notices. |
| |
USE OF THIS WEB SITE |
| Personal
and Noncommercial Use Limitation: This Web
site is for your personal and noncommercial use.
The content and information on this Web site (including,
without limitation, price and availability of
travel services), as well as the infrastructure
used to provide such content and information,
is proprietary to CKIM or its suppliers and providers.
Accordingly, as a condition of using this Web
site, you agree not to use this Web site or its
contents or information for any commercial or
non-personal purpose (direct or indirect). While
you may make limited copies of your travel itinerary
(and related documents) for travel or services
booked with CKIM with the assistance of this Web
site, you agree not to modify, copy, distribute,
transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer,
or sell or re-sell any information obtained from
this Web site. In addition, whether or not you
have a commercial purpose, you agree not to: (i)
access, monitor or copy any content or information
of this Web site using any robot, spider, scraper
or other automated means or any manual process
for any purpose without express written permission
of CKIM; (ii) violate the restrictions in any
robot exclusion headers on this Web site or bypass
or circumvent other measures employed to prevent
or limit access to this Web site; (iii) take any
actions that imposes, or may impose, in the discretion
of CKIM, an unreasonable or disproportionately
large load on the CKIM infrastructure; or (iv)
deep-link to any portion of this Web site for
any purpose without express written permission
of CKIM.
Copyright and Trademark
Notices:
All contents of this Web site are © 2000 CKIM,
P.O. Box 781021, Sebastian, Florida USA.
All rights reserved. The CKIM Group, Inc. and
the Pineapple logo are registered trademarks.
Other product and company names mentioned herein
may be trademarks of their respective owners.
No Unlawful or Prohibited
Use: As a condition of your use of this Web
site, you warrant that you will not use this Web
site for any purpose that is unlawful or prohibited
by these terms, conditions and notices.
Links to Third Party Sites:
This Web site may contain hyperlinks to Web sites
operated by parties other than CKIM. Such hyperlinks
are provided for your reference only. CKIM does
not control such Web sites and is not responsible
for their contents. CKIM’s inclusion of hyperlinks
to such Web sites does not imply any endorsement
of the materials on such Web sites or any association
with their operators. THE INFORMATION, PRODUCTS
AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
CKIM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
ON THIS WEB SITE AT ANY TIME. |
| |
USE TRAVEL BOOKINGS |
| Travel Bookings:
You agree to be financially responsible for all
of the travel products booked through your account
CKIM. In addition, you warrant that all information
supplied by you or anyone using your account to
CKIM in connection with the booking of travel
products is true and accurate. Without limitation,
any speculative, false, or fraudulent reservation,
or any reservation made in anticipation of demand
is prohibited. You agree to only make legitimate
travel services bookings for you or for another
person for whom you are legally authorized to
act.
Prices: Prices are subject to change without
notice. All applicable taxes for travel products
reserved or booked through CKIM are included in
the price of the vacation unless otherwise noted.
If applicable, a ticketing service fee ("Ticketing
Service Fee") will be assessed to cover costs
incurred by CKIM in servicing your air travel
reservations.
Forms of Payment: Payment may be made
by wire transfer, certified bank checks, in certain
instances personal checks, as well as all major
credit cards.
Last Minute Bookings: CKIM accepts last-minute
reservations, provided space is available and
full payment has been received. There are no last-minute
booking fees. Non-refundable express mail charges
may apply ("Express Mail Charges").
Change & Cancellations: CKIM strongly
recommends the purchase of travel insurance. All
changes and cancellations are determined by the
relevant properties and or yacht.
Change & Cancellation Fees: You will be
charged a handling fee ("Handling Fee") by CKIM
for all permitted passenger-initiated changes
or cancellations made after receipt of deposit
by CKIM. You will be charged a handling fee ("Post-Final
Payment Handling Fee") by CKIM for all permitted
passenger-initiated changes or cancellations made
after final payment is received by CKIM. Resorts
and Hotels may charge a fee for changes or cancellation.
Villas may charge the full amount regardless of
cancellation. Airlines may charge significant
change and cancellation fees which vary by carrier.
Name changes will be treated as a cancellation
and all cancellation fees will apply. Once travel
has commenced, any changes or cancellation will
be at the expense of the passenger. To avoid these
charges, purchase Travel Insurance for your destination
and dates of travel.
Refunds: Unused portions of your non-refundable
airfare are non-refundable. Unused portions of
your land package (e.g. hotel/Resort/Villa accommodations,
car rentals, tours and activities, etc.) will
not be refunded for any reason unless Travel Insurance
has been purchased and the policy allows for reimbursement.
Force Majeure: CKIM and its affiliates
have no liability and will make no refund in the
event of any delay, cancellation, overbooking,
strike, force majeure or other causes beyond their
direct control. In all cases, CKIM and its affiliates
have no responsibility for any additional expense,
omissions, delays, re-routing, or acts of any
government or authority.
Easter & Christmas Reservations: Various
Resorts/Hotels, villas and condominiums have special
cancellation, change, minimum nights, and refund
policies for stays during holiday periods. These
holiday policies are in addition to those stated
under the section entitled Christmas Price Protection
Waiver, will be described at time of booking and
will appear on your statement. Deposits for Christmas
and Easter bookings are non-refundable. Dates
for which this policy applies vary by destination.
Contact your CKIM Group reservation agent for
more information.
Travel Destinations: Although most travel,
including travel to international destinations,
is completed without incident, travel to certain
destinations may involve greater risk than others.
CKIM urges passengers to review travel prohibitions,
warnings, announcements and advisories issued
by the United States Government prior to booking
travel to international destinations. Information
on conditions in various countries and the level
of risk associated with travel to particular international
destinations can be found at www.state.gov,
www.tsa.gov,
www.dot.gov,
www.faa.gov,
www.cdc.gov,
www.treas.gov/ofac,
and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL
DESTINATIONS, CKIM Group DOES NOT REPRESENT OR
WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE
OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES
OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS. |
| |
RULES AND REGULATIONS ON TRAVEL PRODUCTS
|
| Separate
Terms and Conditions of Travel Products and Services:
Separate terms and conditions will apply to your
reservation and booking of travel-related goods
and services that you select. You agree to abide
by the terms or conditions imposed by any supplier
with whom you elect to deal, including, but not
limited to, payment of all amounts when due and
compliance with the supplier’s rules and restrictions
regarding availability and use of fares, products
or services. You understand that any violation
of any such supplier’s conditions may result in
cancellation of your reservation(s) or booking,
in your being denied access to any flights, hotels
or automobiles, in your forfeiting any monies
paid for such reservation(s) or booking, and in
CKIM debiting your account for any costs CKIM
incurs as a result of such violation. You will
be completely responsible for all charges, fees,
duties, taxes, and assessments arising out of
your booking of travel products and services from
CKIM.
Air Transportation: All airline tickets
are booked and issued on a round-trip basis. No
refunds are allowed on unused portions. Changes
to flight itineraries may result in an increased
airfare; a carrier imposed charge or, in some
instances, may not be permitted. Once travel has
commenced, routing and/or class of service changes
are not permitted. Additional cancellation fees
are assessed by the airline on special fares.
CKIM passengers are subject to all airline limitations,
liabilities and tariffs. CKIM is not responsible
for schedule changes or airline strikes. Some
countries charge a separate departure tax that
is collected at the airport and typically must
be paid for in the local currency. This tax is
not included in your fare.
Rental Cars: Car rental rates reflect
unlimited mileage for a 24-hour rental period.
Overtime fees paid direct by client. No refunds
will be made on car rentals of less than 24 hours.
There will be drop charges assessed for car rentals
returned to alternate car rental stations. The
renter is responsible for paying directly to the
car rental company all charges not covered by
CKIM’s booking. Car rental companies require that
drivers possess a valid driver’s license and major
credit card or leave cash deposit upon pick-up.
Drivers must be at least 21 years of age. Drivers
under 25 years of age will be assessed a daily
surcharge. Additional drivers must be at least
25 years old. An additional driver fee may apply.
Family Plan: Many resort/hotels, villas
and condominiums offer discounts for children
when accompanied by full-paying adults. Maximum
occupancy may vary when children on family-plan
programs are included. Some properties may not
allow children or restrict children of certain
ages.
Bedding & Maximum Occupancy: CKIM will
request the bedding desired, although the requested
bedding cannot be guaranteed. At some hotels,
villas and condominiums there may be an additional
charge if a crib or rollaway is required. These
charges are payable to the property upon check-out.
Physical Disabilities: Any physical disability
requiring special attention, treatment, or facilities
must be communicated to CKIM when the booking
is made.
Minimum Stays: The length of stay required
varies by property, season and airline tariff.
Not Included: Gratuities, meals (except
where otherwise noted), telephone calls, airport
departure fees, resort fees, local driver’s license,
parking, rental car overtime fees, and any other
items of a personal nature. |
| |
GENERAL |
| Warranty
& Liability Disclaimers:
CKIM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, PRODUCTS AND SERVICES PROVIDED
TO YOU (EITHER THROUGH THIS WEB SITE OR OTHERWISE)
FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING
FOR SALE OF ANY PRODUCTS OR SERVICES BY CKIM DOES
NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION
OF SUCH PRODUCTS OR SERVICES BY CKIM OR ITS AFFILIATES.
ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE
PROVIDED "AS IS" WIHTOUT WARRANTY OF ANY KIND.
CKIM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO SUCH INFORMATION, PRODUCTS AND
SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. THE AIR CARRIERS,
HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR
OTHER SERVICES FOR CKIM ARE INDEPENDENT CONTRACTORS
AND NOT AGENTS OR EMPLOYEES OF CKIM OR ITS AFFILIATES.
CKIM AND ITS AFFILIATES ARE NOT LIABLE FOR THE
ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR
FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE,
OR OTHER DAMAGES OR EXPENSES RESULTING THEREFORM.
IN NO EVENT SHALL CKIM, ITS AFFILIATES AND/OR
THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS WEB SITE OR WITH THE DELAY
OR INABILITY TO USE THIS WEB SITE OR ANY TRAVEL
PRODUCT BOOKED BY YOU, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEB SITE OR BOOKING OF TRAVEL
PRODUCTS BY YOU, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF CKIM, ITS
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
IN ADDITION, IN NO EVENT SHALL THE TOTAL CUMULATIVE
LIABILITY OF CKIM, ITS AFFILIATES AND/OR THEIR
RESPECTIVE SUPPLIERS TO YOU, ANY TRAVELER FROM
WHOM YOU BOOKED TRAVEL, OR ANY OTHER THIRD PARTY
ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED
THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00)
AND (II) THE AMOUNT THAT YOU PAID TO CKIM HEREUNDER
FOR THE TRAVEL THAT IS THE SUBJECT OF THE DISPUTE.
Indemnification: You agree to defend and
indemnify CKIM, its affiliates, and/or their respective
suppliers and any of their officers, directors,
employees and agents from and against any claims,
causes of action, demands, recoveries, losses,
damages, fines penalties or other costs or expenses
of any kind or nature, including but not limited
to reasonable legal and accounting fees, brought
by: (i) you or on your behalf in excess of the
liability described above; or (ii) by third parties
as a result of: (a) your breach of these Web Site
Terms, Conditions and Notices or the documents
referenced herein; (b) your violation of any law
or rights of a third party; or (c) your use of
this Web site or booking of travel products through
CKIM.
Tax Recovery Charge: The tax recovery
charge on transactions is a recovery of all applicable
transaction taxes (e.g. sales and use, occupancy,
room tax, excise tax, value added tax, etc.) that
CKIM pays to the vendors (e.g. hotels, villas,
yachts, etc.) in connection with your travel arrangements.
CKIM is not the vendor collecting and remitting
said tax to the applicable tax authorities. The
vendors bill all applicable taxes to CKIM and
CKIM remits such tax directly to the vendor. CKIM
is not a co-vendor associated with the vendor
with whom we book or reserve our customer's travel
arrangements.
Taxability and the appropriate tax rate vary greatly
by location. CKIM actual tax cost paid to the
vendor may vary from the tax recovery charge,
depending upon the rates, taxability, etc. in
effect at the time of the actual use of the hotel,
automobile, etc. by our customer.
CKIM does not incur the cost of sales tax from
vendors located in Alaska, Delaware, Montana,
New Hampshire and Oregon, as these states do not
impose a sales tax. Also, certain jurisdictions
impose a hotel occupancy tax or other type of
transaction tax upon the renting of a hotel room,
an automobile, etc. The type of tax charged by
the vendor will vary by service and location.
Seller of Travel: CKIM is a registered
seller of travel in Florida, Florida registration
number: ST32980
Modification of these Terms and Conditions:
CKIM reserves the right to change the terms, conditions,
and notices under which this Web site and its
travel products are offered, and you agree to
accept and be bound by those terms, conditions,
and notices that are in effect at the time of
your booking of travel with CKIM.
Miscellaneous: This Agreement is governed
by the laws of Florida. You hereby consent to
the exclusive jurisdiction and venue of the courts
in Brevard County, Florida for all disputes related
to this Agreement, your use of this Web Site,
and your travel booked through CKIM. CKIM reserves
the right to cancel or alter any itinerary at
its sole discretion. The information, rates, and
terms and conditions contained on this Web site
are accurate at time of publication and are subject
to change without notice.
You agree that no joint venture, partnership,
employment or agency exists between you and CKIM
as a result of this agreement or use of this Web
site.
CKIM’s performance of this agreement is subject
to existing laws and legal process, and nothing
contained in this agreement is in derogation of
CKIM’s right to comply with law enforcement requests
or requirements relating to your use of this Web
site or information provided to or gathered by
CKIM with respect to such use.
If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty
disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable
provision that most closely matches the intent
of the original provision and this agreement shall
continue in effect.
This agreement (and any other terms and conditions
reference herein) constitutes the entire agreement
between you and CKIM with respect to this Web
site and any travel products booked through CKIM,
and it supersedes all prior or contemporaneous
communications and proposals, whether electronic,
oral or written, between you and CKIM with respect
to this Web site and any travel products booked
through CKIM. A printed version of this agreement
and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the
same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form. |
| |
|
|
|
|
|