January 01, 2020

Terms of Use

PLEASE READ THESE TERMS OF USE BEFORE YOU START USE OF THIS WEBSITE.  BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, WHICH AE FOUND AT www.karismahotels.com/terms-of-use, AND OUR PRIVACY POLICY FOUND AT www.karismahotels.com/privacy-policy, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE OUR WEBSITE.

The website located under the domain www.karismahotels.com (the "Website") is operated by or on behalf of Karisma Hotels and Resorts Corporation, Ltd. and the hotels or resorts that are owned and operated by its subsidiaries or on behalf of third party hotel owners and hotel asset managers ("Karisma Hotels and Resorts").  Karisma Hotels and Resorts, their respective affiliates, and their third-party service providers and suppliers are referred to herein as "Affiliated Parties".

Your Use of the Website

By accessing and using this Website, you accept and agree to these Terms of Use.  In addition, by using this Website you agree to our Privacy Policy (which can be found at the following link: www.karismahotels.com/privacy-policy) and all terms, conditions, and notices specified on other web pages on this Website.

Changes to the Terms of Use and Previous Versions

We reserve the right, in our sole discretion, to revise and update these Terms of Use from time to time.  We will provide notice of such revisions and updates in accordance with applicable legal requirements.  All revisions and updates are effective immediately when we post them.   Your continued use of this Website will be subject to the Terms of Use in effect at the time of your use. Accordingly, you agree to review these Terms of Use periodically, and your continued access, use of, or posting on this Website after any revisions to these Terms of Use are posted shall be deemed your acceptance of the revised Terms of Use.

The offering of any product or service on this Website does not imply or warrant that such product or service will be available at any time. We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend, or discontinue products or services offered or any other aspect of the Website at any time. We may also impose limits on certain features of the Website or restrict access to all or any part of the Website without notice.

Previous versions of these Terms of Use are available by contacting us at

August 15, 2018
March 21, 2019

Proprietary Rights Information

This Website and its entire contents, features, and functionality are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. You may not modify the information or materials displayed on, or that can be downloaded from, this Website in any way or reproduce, or publicly display, perform, distribute, prepare derivative works from, or otherwise use any such information or materials for any public or commercial purpose.  You may print or download one copy of the materials or content on the Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.  Use of the content or materials for any purpose not expressly permitted in these Terms of Use without first obtaining the express written permission of the owner thereof is prohibited.

GOURMET INCLUSIVE, AZUL, HIDDEN BEACH RESORT, KARISMA, EL DORADO ROYALE, EL DORADO SEASIDE SUITES, EL DORADO MAROMA, ALLURE, CONNOISSEUR COLLECTION, KARISMA VILLAS, WIND ROSE, HOLIDAY VILLAGES, SENSIMAR, LE CHIQUE and related designs and logos are trademarks/service marks of Karisma Hotels & Resorts or its Affiliated Parties.  Other trademarks, service marks, product names, company names, and logos appearing on this Website are the property of their respective owners.  Nothing contained in these Terms of Use or on the Website should be construed as granting any license or right to use any trademarks or service mark or any other copyrightable material or any other form of intellectual property.  ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, SALE, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF ANY TRADEMARKS OR SERVICE MARKS OR ANY OTHER COPYRIGHTABLE MATERIAL OR ANY OTHER FORM OF INTELLECTUAL PROPERTY IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF THE OWNER THEREOF.  Unauthorized use of any trademarks, service marks, product names, company names, or logos may be a violation of federal, state, or international trademark laws.

User Contributed Content

You will be able to share social media images and post with social media handles on the Website and you will also be able to post personal comments.  You are solely responsible for any content or materials that you post on or through the Website and you understand and agree that you may not post, submit, or transmit any content that violates any applicable law, regulation, or rule.  You understand, acknowledge, and agree that information posted by users of the Website are the sole responsibility of the person from which such posting originated.  This means that you are solely and entirely responsible for the consequences of all content that you submit, post, display or transmit through the Website.   User contributed content and postings do not reflect the view of Karisma Hotels & Resorts or any of its Affiliated Parties.  We are not responsible for screening, policing, editing, or monitoring user-contributed content, however, we reserve the right to remove any images shared or other postings or content that we deem inappropriate for the Website.

By posting any content on the Website, you hereby grant us and our Affiliated Parties a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form in all media now known or hereinafter created anywhere in the world.  You warrant and represent that you own or otherwise control all of the rights in and to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.  You also agree that we may provide links on the Website to your reviews posted on third party websites.

We respect the intellectual property rights of others and expect our Website users to do the same. We may remove content that in our sole discretion appears to infringe the intellectual property rights of others.   If you believe that any content on the Website infringes your copyrights, please notify our Copyright Agent, as identified below, and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (2) an identification of the work claimed to have been infringed; (3) a detailed description of the material that you claim is infringing, including identification of the URL or other specific location on the Website where the material is located, so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the copyright owner. Our Copyright Agent is and can be reached at:

Karisma Hotels and Resorts

dataprivacy@karismahotels.com Registration and Account Security  

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content.  It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete.  You agree that all information you provide on the Website is subject to our Privacy Policy (which can be found at the following link: www.karismahotels.com/privacy-policy).  Any information provided to us through the Website will be handled by us in accordance with our Privacy Policy and by use of the Website you consent to the collection, use, and disclosure of information in accordance with the terms of the Privacy Policy.

As stated in the Privacy Policy, the safety and security of your information also depends on you.  You acknowledge and agree that you are responsible for maintaining the confidentiality of your user information and passwords.  We ask that you not share your user information and passwords with anyone.

We recognize the importance of information security, and we are constantly reviewing and enhancing our security procedures. Our Website and servers have security measures in place to help protect your personal information against loss, misuse, and alteration while under our control. However, you should be aware that no transmission of data over the internet is guaranteed to be completely secure and we cannot guarantee the security of information you provide to us.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Links to Other Websites

This Website includes links to other third-party websites, which we do not control.  We provide such links solely as a convenience to you and for informational purposes only. We have not reviewed all of the information on these other websites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies, or other materials on or available from such websites. We have no control over and accept no responsibility for the content of any third-party websites or for any loss or damage that may arise from your use of such websites.  We make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk and such use is subject to any applicable terms of use of such other websites.

Links to This Website

Unless otherwise set forth in a written agreement between you and us, you must adhere to our linking policy as follows: (i) any link to this Website must be a text only link clearly marked "Karisma Hotels and Resorts"; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our or our Affiliated Parties' names and trademarks; (iii) the link must "point" to this Website's homepage and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, endorsed by, affiliated with, or associated with us; and (v) when selected by a user, the link must display the Website on full‑screen and not within a "frame" on the linking website.

You agree that you will not link to the Website from any source that is unlawful, that promotes violence or illegal acts. You agree to cooperate with us in causing any unauthorized linking to stop immediately.   We reserve the right to revoke consent to the link without notice at any time and in our sole discretion.

Hotel Booking Terms

Online reservation services are made available through this Website for and on behalf of the operators of the hotels whose properties are listed on this Website.  Any reservation made through this Website is made between the person making the reservation (the "Guest") and the operator of the hotel whose guest room is being reserved (the "Hotel Operator").  Such reservation is subject to (i) the laws and exclusive jurisdiction of the courts of the country of the location of the hotel for which the reservation is made, and (ii) any local terms and conditions that may be imposed by the Hotel Operator from time to time.  Karisma Hotels and Resorts and the Hotel Operator each reserve the right to cancel or modify any such reservation in its sole discretion for any reason.  Neither Karisma Hotels and Resorts nor the Hotel Operator accepts any liability for any third party costs, expenses, claims, or liabilities incurred or suffered by the Guest with respect to or arising out of the Guest traveling to or from the reserved hotel, including, without limitation, flights, land transportation, insurance, lost property, or medical services, unless the reserved hotel has expressly agreed in writing to provide such services to the Guest (in which case such additional services shall be subject to the express terms and conditions set forth in the written agreement between the Guest and the reserved hotel).

Miscommunications / Lost Transactions

We and our Affiliated Parties are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications, or any incorrect or inaccurate information you provide to us. We and our Affiliated Parties may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither us nor any Affiliated Party are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on this Website that are not processed or accepted for any reason. You hereby release, hold harmless, and forever discharge Karisma Hotels and Resorts and its Affiliated Parties, as well as our and their directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns from and of the obligation to pay any amounts, as well as from any and all claims, liabilities, costs, expenses, losses, judgments, penalties or damages (including reasonable attorneys' fees) arising out of, relating to, or in connection with any miscommunications and/or lost transactions as described herein.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER US NOR ANY AFFILIATED PARTIES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.   NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, THE AFFILIATED PARTIES, OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US, THE AFFILIATED PARTIES, AND OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE SERVICE OR PRODUCT OUT OF WHICH THE LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us, the Affiliated Parties, licensors, and service providers and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your postings, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of the information obtained from the Website.

Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS ACTION AND JURY TRIAL WAIVER.

By using this Website you agree that, to the fullest extent permitted by law, any dispute or claim arising out of or related to the Website or the use thereof will be submitted to binding arbitration to the International Chamber of Commerce ("ICC").  YOU AGREE THAT ANY ARBITRATION PROCEEDINGS COMMENCED BETWEEN YOU AND KARISMA HOTELS AND RESORTS OR THE AFFILIATED PARTIES SHALL BE CONDUCTED IN THE JURISDICTION DETERMINED BY THE ARBITRATOR.   ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR KARISMA HOTELS AND RESORTS OR THE AFFILIATED PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.  YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to (i) any claim or dispute involving the ownership, validity or use of any trademarks or service marks owned by us or our Affiliated Parties, (ii) any claim related to violations of applicable data protection laws and regulations, (iii) any proceeding to obtain temporary restraining orders, temporary or preliminary injunctive relief or declaratory relief from a court of competent jurisdiction, or (iv) any action or proceeding to enforce an arbitration award.

Other than as may be required by applicable law, the entire arbitration proceedings, including, without limitation, any rulings, decisions or orders of the arbitrator, shall remain confidential and not be disclosed to anyone other than the parties to the arbitration.

RULES OF ARBITRATION FOR THE ICC ARE AVAILABLE AT: https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising out of or related to the Website (in each case, including non-contractual disputes or claims) shall be governed by and construed and enforced in accordance with, the laws of England and Wales applicable to contracts entered into and to be performed entirely within England and Wales.  Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.

We make no representation that the information in this Website is appropriate or available for use in all locations, and access to the Website from territories where the content of the Website or use of the products offered herein may be illegal is prohibited.  Those who choose to access the Website from such locations do so on their own initiative and are responsible for compliance with applicable local laws.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Attorneys' Fees

If we take any action to enforce these Terms of Use and are successful in such action, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such tern or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, bot written and oral, regarding the Website.

Additional Terms

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Website, and you agree to abide by such other terms and conditions.

General

We shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond our reasonable control. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Questions / Comments / Concerns

If you have any questions, comments, or concerns about our Terms of Use, you may contact us at dataprivacy@karismahotels.com