In case of a system error regarding pricing of air, hotel, car rental and any other booking from SmartFares website, SmartFares withholds the right NOT to sell the booking at the erroneous price. Once a system error has been identified, SmartFares will notify you of the right price. At the same time, SmartFares will NOT require you to purchase the erroneous reservation at the amended price.
Third Party Service Providers
Certain products, services and content available on the Travel Site are provided by third parties (the "Service Providers"), including, but not limited to, the air carriers, hotels, car rental agencies, cruise lines, tour operators, insurance carriers and other suppliers providing travel or other services on the Travel Site . In addition, certain software and data found on the Travel Site are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and SmartFares as a result of your use of our travel services, including the Travel Site. In our role as a travel agent and the provider of the Travel Site, SmartFares acts as an independent contractor. SmartFares assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, we may receive compensation from suppliers when customers use various forms of payment for supplier products and services. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability your preferences and any agreements we have to book travel in accordance with your company's travel policies. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
Use of the Travel Site
You may only use the Travel Site to make legitimate reservations or purchases and shall not use the Travel Site for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any "robot", "spider", or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Travel Site, (b) link to any portion of the Travel Site, without the prior written permission of SmartFares, (c) use the Travel Site in violation of, or to violate, any law, rule or regulation, or (d) "frame", "mirror", or otherwise incorporate any part of the Travel Site into any other website without SmartFares' prior written authorization.
You acknowledge and agree that you will not use, nor will you permit any use of, the Travel Site in conjunction with any of your activities or business by anyone that resides, stay or is accessing the Travel Site from a country prohibited under U.S. export and/or the Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Travel Site in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless SmartFares and the Service Providers for any breach of this "Use of Travel Site" section.
Terms of Purchase
Separate terms and conditions dictated by the applicable Service Provider will apply additionally to your reservation and purchase of products and services on the Travel Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Service Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) SmartFares debiting your account for any costs SmartFares incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Travel Site.
Age and Responsibility
Your use of the travel site, and all materials and services provided on the travel site, are at your sole risk. The travel site, and all materials and services provided on the travel site, are provided on an "as is" and "as available" basis.
Disclaimer Regarding Service Providers
The service providers are independent contractors and not employees or agents of SmartFares. SmartFares acts solely as a sales agent for the service providers and is not liable for the acts, errors, omissions, representations, warranties or negligence of any such service providers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. SmartFares shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majeure event or other cause beyond its direct control, and SmartFares has no responsibility for any additional expense, omissions, delays, re-routing, acts or omissions of any governmental authority. The fact that SmartFares includes or offers any product or service on the travel site does not mean SmartFares is endorsing or recommending such product or service.
Limitation of Liability
SmartFares and the service providers assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the travel site or the downloads of any materials, data, text, images, video or audio by the user from the travel site. In no event shall SmartFares or any service provider be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (a) any use of the travel site or content found herein, (b) any failure or delay (including, but not limited to the use of or inability to use any component of the travel site for reservations or ticketing), or (c) the performance or non-performance by SmartFares or any service provider, even if such party has been advised of the possibility of damages to such parties or any other party. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you. SmartFares.com – 4545 Murphy Canyon Road – San Diego, CA 92123
If, notwithstanding the foregoing, SmartFares or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Travel Site or its content, the liability of each of SmartFares and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the Travel Site, or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to SmartFares and without any liability whatsoever, SmartFares at any time and without notice may terminate or restrict your access to any component of the Travel Site.
Travel to Certain Destinations
While most travel — domestic and international — is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. SmartFares urges users of the Travel Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations.
By offering for sale travel to particular destinations, SmartFares does not represent or warrant that travel to such destinations is safe, advisable or without risk, and is not liable for any damages or losses that may result from travel to such destinations.
Transmission of Personal Data
You shall defend and indemnify SmartFares and any Service Providers and their respective parents, subsidiaries, affiliates, and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by a third party as a result of your use of the Travel Site.
The trademarks, logos and service marks ("Marks"), displayed on the Travel Site are the property of SmartFares and the Service Providers. All information and content including any software programs available on or through the Travel Site ("Content") is protected by copyright.
Chargebacks and Credit Card Disputes
The customer agrees not to dispute the processing fee, airline ticket charge or fare adjustment if SmartFares abides by the terms and conditions of the airlines and this agreement.
If you made a booking on SmartFares and did not receive notification of ticketing it is your responsibility to contact us.
If you need to investigate any charge on your credit card, please call or send an email to [email protected] before disputing the charge with the credit card company. If the customer attempts a Chargeback on a non-refundable airline ticket, service fee or a fare adjustment that meets the terms and conditions of the airline and this agreement; the customer agrees to refund the full amount of the chargeback plus a $250 penalty for the inconvenience and accounting fee. In cases where the customer attempts a fraudulent chargeback, the customer will be responsible for the cost required to initiate legal proceedings in order to recoup the potential loss imposed by the customer.
Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting the TCRC’s website at: www.tcrcinfo.org.