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Travel Smarter Terms and Conditions

THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. BY RETAINING OUR SERVICES  , YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE, ACCESS, OR RETAIN THE SERVICES OF TRAVEL SMARTER. PLEASE NOTE THAT THIS DOCUMENT MAY NOT CONSTITUTE THE ENTIRETY OF TSC’S INDEMNITIES AGAINST CLIENTS. 

Definitions

“Travel Smarter” means Travel Smarter Consulting LLC, a District of Columbia based Limited Liability Corporation. 

“Award bookings” means any booking for flights or hotels paid for wholly, or partially, with airline miles or points

“Cash booking” means a booking for flights or hotels paid for by cash, credit, or debit card

“Booking” means any Award booking and/or Cash booking

“Customer” means the individual(s) or entities who/which contract for Travel Smarter’s services by using the Travel Smarter website (www.travelsmarterconsulting.com) or contacting any Travel Smarter employee via email, webform, text message, or phone call.

“File” means the information collected in the course of processing a Customer’s request, as well as information collected/updated to maintain/service the account.

 “Open-Jaw Ticket” means an airline ticket where the destination and/or the origin are not the same.

“Personal information” means any information about an identifiable individual Customer. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, date of birth, marital status, credit records, income, and information relating to financial transactions

“Regular Award Booking” means any award booking that is not a Round-the-World booking.

“Round-the-World-Booking” means any award trip that contains three or more periods of over 24-hours in different locations, or two periods of over 24-hours in different locations in addition to an Open-Jaw Ticket.

“Third Party” means a person or company that provides services to Travel Smarter in support of the programs, benefits, and other services offered by Travel Smarter, such as other persons with whom the individual or Customer does business.

1. THE CUSTOMER UNDERTAKES TO REVIEW THE ITINERARY FOR A BOOKING FOR ANY MISTAKES OR OMISSIONS WITHIN 12 HOURS OF RECEIVING THE ITINERARY. IF THE CUSTOMER IS BOOKED TO THE WRONG DESTINATION, WRONG DATE, INCORRECT SPELLING OF NAMES, GENDERS, TITLES, CLASS OF SERVICE, OR ANY OTHER ERRORS OCCUR WITH THE BOOKING, THE CUSTOMER UNDERTAKES TO CONTACT TRAVEL SMARTER REGARDING THOSE ERRORS WITHIN 12 HOURS OF RECEIVING THE AWARD ITINERARY. ON PROVIDING EVIDENCE OF TRAVEL SMARTER’S ERROR WITHIN 12 HOURS OF THE CUSTOMER RECEIVING THE AWARD ITINERARY, TRAVEL SMARTER MAY PAY FOR, UP TO THE MAXIMUM OF $200 USD, ANY CHANGE FEES THAT MAY BE NEEDED TO FIX THE ERROR. THIS REMEDY IS ONLY AVAILABLE IF, IN THE OPINION OF TRAVEL SMARTER, BASED ON THE EVIDENCE PRESENTED, THAT THERE WAS IN FACT AN ERROR MADE BY TRAVEL SMARTER. IF THE CUSTOMER’S TIME OF DEPARTURE IS WITHIN 48 HOURS OF MAKING THE BOOKING, THE CUSTOMER UNDERTAKES TO REVIEW THE ITINERARY WITHIN 2 HOURS OF RECEIVING THE BOOKING, AND INFORM TRAVEL SMARTER OF ANY ERRORS WITHIN 4 HOURS. IF THE CUSTOMER DOES NOT INFORM TRAVEL SMARTER OF ANY ERRORS WITHIN 4 HOURS, TRAVEL SMARTER WILL NOT CORRECT THOSE ERRORS. IN NO INSTANCE WILL TRAVEL SMARTER BE LIABLE FOR ANY LOSS INCURRED AS A RESULT OF ITS ERRORS OR OMISSIONS, REGARDLESS OF WHETHER AND WHEN THE CUSTOMER INFORMS TRAVEL SMARTER OF THEM. IF THE CUSTOMER DOES NOT ADVISE TRAVEL SMARTER OF THE ERROR WITHIN 12 HOURS OF RECEIVING THE ITINERARY, THE CUSTOMER AGREES THAT TRAVEL SMARTER WILL NOT PAY FOR ANY CHANGES OR AMEND THE ITINERARY FOR FREE.

2. THE CUSTOMER AGREES TO WAIVE ANY AND ALL LIABILITY THAT TRAVEL SMARTER MIGHT HAVE. THE CUSTOMER FURTHER AGREES NOT TO HOLD TRAVEL SMARTER LIABLE FOR ANY NEGLIGENT CONDUCT.

3. THE CUSTOMER AGREES THAT TRAVEL SMARTER WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES), WHETHER INCURRED BY ERROR OR OTHERWISE, FOR ANY REASON, TRIP DELAY ORCANCELLATION, OR ANY OTHER LOSS INCURRED AS A RESULT OF USING TRAVEL SMARTER’S SERVICES.

4. Any delay or failure in the performance by Travel Smarter shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, weather, explosions, riots, wars, nuclear events/disasters, natural disasters, hurricanes, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labour strikes, flight cancellations, schedule changes, technical errors, government issued danger/safety advisories/warnings, mechanical problems and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Agreement.

5. Once a booking has been made Travel Smarter assumes no responsibility or liability whatsoever for performance by the airline of its responsibilities under the ticket/booking, including, without limitation, any loss incurred by the Customer because of subsequent flight changes or cancellations.

6. Despite the limitations expressed in Clause(s) 2 and/or 3 in no event is Travel Smarter’s liability for any damages on any basis, in contract, tort, or otherwise, of any kind and nature whatsoever, arising in respect of this Agreement, howsoever caused, including damages of any kind and nature caused by Travel Smarter’s gross negligence, or by a fundamental breach of contract or any other breach of duty whatsoever, to exceed the amount of money paid to Travel Smarter by the Customer. For the purposes of this agreement the monetary value of all miles and points (airline, hotel, credit card, or otherwise) is at the sole discretion of Travel Smarter unless otherwise agreed upon between Travel Smarter and the customer.  THE CUSTOMER ACKNOWLEDGES THAT TRAVEL SMARTER HAS SET ITS FEES UNDER THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS AGREEMENT AND SUCH RELIANCE FORMS AN ESSENTIAL BASIS OF THIS AGREEMENT. 

7. THE CUSTOMER IS SOLELY RESPONSIBLE FOR HAVING APPROPRIATE ENTRY DOCUMENTS FOR ANY OF THEIR DESTINATIONS OR TRANSIT POINTS, AND MAKING THEMSELVES INFORMED OF THOSE ENTRY REQUIREMENTS.TRAVEL SMARTER WILL NOT PROVIDE WARNING OR ADVICE REGARDING VISA, ENTRY, OR OTHER DOCUMENT REQUIREMENTS.

8. TRAVEL SMARTER IS NOT A LICENSED TRAVEL AGENCY. TRAVEL SMARTER DOES NOT PROVIDE TRAVEL AGENCY SERVICES, NOR IS THE CUSTOMER PROTECTED BY ANY INSURANCE OR WARRANTIES THAT CUSTOMERS OF TRAVEL AGENTS ARE PROVIDED WITH. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS ENTIRELY WITH THE CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY.

9. Travel Smarter ceases to owe the Customer any obligations under this agreement after any booking has been made.

10. All payments are to be made in United States Dollars (USD) unless otherwise agreed by Travel Smarter and the Customer.

11. The Customer agrees to pay Travel Smarter the fees as set out on the website (www.travelsmarterconsulting.com)

12.[Travel Smarter offers a 24/7 emergency after-hours support line. Note that a response to this phone line IS NOT GUARANTEED and the Customer has no recourse against Travel Smarter should an emergency occur and Travel Smarter does not respond to the after-hours support line. An emergency is defined as a client having travel within 24 hours and the ticket being invalid for travel. 

13. All Bookings will incur taxes and fees imposed by the loyalty program and/or the airline. Travel Smarter will either A) use the Customer’s own credit/debit card for the purpose of this transaction OR b) Travel Smarter will pay these fees to the airline directly and collect this amount from the Customer separately. In both cases, this occurs with the consent of the Customer. Travel Smarter will then issue an invoice to the Customer for the totality of the charge made by the frequent flyer program and/or airline. If the charge made by the frequent flyer program or airline is charged in any currency other than United States Dollars, and the client’s credit/debit card is charged directly, Travel Smarter assumes no responsibility for any variance in the exchange rate used by the client’s bank or credit card company. If the charge made by the frequent flyer program or airline is charged in any currency other than United States Dollars, and Travel Smarter makes the payment on behalf of the client and bills the client separetly, then the exchange rate found on https://usa.visa.com/support/consumer/travel-support/exchange-rate-calculator.html to United States Dollars will be used for the conversion. The Customer must pay this invoice.separately from the Service Fee invoice on the same day the associated reservation is booked. If the Customer does not pay Travel Smarter’s reimbursement invoice in full on the same day the associated reservation is booked, Travel Smarter reserves the right to cancel Bookings made in conjunction with the reimbursement invoice. If there are any fees charged to Travel Smarter when cancelling the Bookings then the Customer agrees to reimburse those fees in full to Travel Smarter. In the event cancellation of a Booking falls within a loyalty program or airline’s non-refundability period, then the Customer acknowledges and agrees that Travel Smarter will have no liability whatsoever for the loss of the Booking and to reimburse Travel Smarter for any costs it has incurred. The Customer may also elect to use his or her own credit card for the payment of associated taxes and fees but must advise Travel Smarter of that desire prior to booking the award travel.

14 All disputes must be settled within the TSC Dispute Program. Further details can be found in the Terms and Conditions and upon request.

15. By engaging Travel Smarter’s services, the Customer agrees that he or she is engaging Travel Smarter as an independent contractor, and not an employee or agent. In no way do Travel Smarter’s services create a joint venture or partnership with the Customer.

16. Travel Smarter’s fees become non-refundable the moment Travel Smarter has contacted the airline, frequent flyer program, or hotel to make the Customer’s Booking.

17. The Customer acknowledges that the airline, frequent flyer program, or hotel may change a Booking at any time. Travel Smarter will not provide free services if there is an airline initiated itinerary change. The Customer may wish to pay Travel Smarter’s change fee to amend the itinerary. THE CUSTOMER IS RESPONSIBLE FOR MONITORING ANY CHANGES TO THEIR ITINERARY. TRAVEL SMARTER DOES NOT MONITOR CHANGES OR INFORM THE CUSTOMER OF THEM. FURTHER, THE CUSTOMER IS RESPONSIBLE TO ENSURE THAT THE RESERVATION IS PROPERLY TICKETED, AND THE CUSTOMER WILL NOT HOLD TRAVEL SMARTER RESPONSIBLE FOR ANY IRREGULARITIES THAT MAY OCCUR AFTER THE AWARD BOOKING HAS BEEN MADE. 

18. The Customer acknowledges that airline and hotel inventory can change quickly. Although the Customer may have paid Travel Smarter’s fees for a specific itinerary, due to the changing nature of inventory, that booking may be unavailable. The Customer acknowledges that the only remedy in this situation is a refund.

19. Travel Smarter retains the right to reject the Customer’s initial request, and to terminate this agreement at any time for any reason.

20. Travel Smarter may amend, alter, and/or change this agreement from time to time, and a copy of each proposed amendment, alteration and or change will be made available by announcing such changes to each Customers by written communication.

21. If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to delete the otherwise unenforceable provision, and to render the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement

END NOTES

Your Indemnification of Us

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

Our Remedies

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Legal Disputes

You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

A. Applicable Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.

B. Agreement to Arbitrate

You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

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ANY RESALE OR IMPROPER USE OF TSC OR ANY SERVICES OFFERED BY THE CORPORATION ARE EXPRESSLY FORBIDDEN. TSC RESERVES THE RIGHT TO RESORT TO ITS REMEDIES IN SUCH CASES.