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All reservations of smarTours, LLC (“smarTours”) tours (“Tours”) are conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (these “Terms”). Please read these Terms carefully. By booking any reservation for any Tour offered by smarTours, you agree that these Terms shall apply. smarTours reserves the right to modify, revise, add or remove portions of these Terms, including any pricing, deposit, payment and cancellation terms, at any time. Any such revisions will apply to Tours confirmed after the revised Terms are made available on the smarTours website. Effective December 3, 2020.

 

General Terms & Conditions Applicable All Tours
Other than Private Group Tours
 

Reservations, Payments, Cancellations & Changes: Reservations for Tours are accepted by phone or online and confirmed upon receipt of the applicable non-refundable deposit, which must be received at the time of your reservation unless waived by smarTours. All cancellations must be received in writing. smarTours recommends the purchase of Travel Insurance. The insurance premium is non-refundable and cannot be transferred from one departure to another in the event of a reservation change. All Tour reservations are subject to the applicable payment and cancellation terms set forth below:

 

TOURDEPOSITFULL PAYMENTCHANGESCANCELLATION CHARGES PER PERSON
• Magical Ireland

• Spirit of Ireland

• Around the World

• Spectacular Greece with Island Cruise

• Three Continents Mediterranean Cruise

• Women-Only: Spectacular Greece

First Deposit:

$300 per person in U.S. dollars due at the time of your reservation*. The deposit is non-refundable.

 

Second Deposit:

$300 per person due 60 days after the date of your reservation. The deposit is non-refundable.

 

*If your reservation date is within 70 days of the final payment due date, both first and second deposits are due at the time of your reservation. The deposit is non-refundable.

 

Due 120 days before departure.

Failure to make final payment on time may result in automatic cancellation of reservation and loss of deposit.

Changes to the original reservation will result in a $199 change fee per person per change unless such fees are waived by smarTours. No changes allowed within 120 days of departure.If you cancel your Tour for any reason, any cash or credit refund you receive will be reduced by the applicable cancellation charges below, based upon the timing of your cancellation unless such charges are waived by smarTours:

 

Up to 120 days before departure: $600 per person

 

119-100 days before departure: 50% of cost per person

 

99-60 days before departure: 80% of cost per person

 

59 days or fewer before departure: No refund is available.

 

All cancellations must be received in writing. If you book your Tour using a credit voucher, you will not be eligible to receive any refund amount in cash after a cancellation. See the “Refunds” and “Credits” terms below for additional details.

 

Antarctica Cruise ExpeditionFirst Deposit:

$1,000 per person in U.S. dollars due at the time of your reservation*. The deposit is non-refundable.

 

Second Deposit:

$1,000 per person in U.S. dollars due 60 days after the date of your reservation. The deposit is non-refundable.

 

*If your reservation date is within 70 days of the final payment due date, both first and second deposits are due at the time of your reservation. The deposit is non-refundable.

 

Due 120 days before departure.

Failure to make final payment on time may result in automatic cancellation of reservation and loss of deposit.

Changes to the original reservation will result in a $199 change fee per person per change unless such fees are waived by smarTours. No changes allowed within 120 days of departure.If you cancel your Tour for any reason, any cash or credit refund you receive will be reduced by the applicable cancellation charges below, based upon the timing of your cancellation unless such charges are waived by smarTours:

 

Up to 120 days before departure: $2,000 per person

 

119-100 days before departure: 50% of cost per person

 

99-60 days before departure: 80% of cost per person

 

59 days or fewer before departure: No refund is available.

 

All cancellations must be received in writing. If you book your Tour using a credit voucher, you will not be eligible to receive any refund amount in cash after a cancellation. See the “Refunds” and “Credits” terms below for additional details.

ALL OTHER TOURSFirst Deposit:

$300 per person in U.S. dollars due at the time of your reservation*. The deposit is non-refundable.

 

Second Deposit:

$300 per person in U.S. dollars due 60 days after the date of your reservation. The deposit is non-refundable.

 

*If your reservation date is within 70 days of the final payment due date, both first and second deposits are due at the time of your reservation. The deposit is non-refundable.

 

Due 90 days before departure. Failure to make final payment on time may result in automatic cancellation of reservation and loss of deposit.Changes to the original reservation will result in a $199 change fee per person per change unless such fees are waived by smarTours. No changes allowed within 90 days of departure.If you cancel your Tour for any reason, any cash or credit refund you receive will be reduced by the applicable cancellation charges below, based upon the timing of your cancellation unless such charges are waived by smarTours:

 

Up to 90 days before departure: $600 per person

 

89-60 days before departure: 50% of cost per person

 

59-30 days before departure: 80% of cost per person

 

29 days or fewer before departure: No refund is available.

 

All cancellations must be received in writing. If you book your Tour using a credit voucher, you will not be eligible to receive any refund amount in cash after a cancellation. See the “Refunds” and “Credits” terms below for additional details.

 

 

Tour Availability and Rates: Tour reservations are subject to availability. Tour rates may change without prior notice. Excluding Extraordinary Circumstances, as defined below, once your deposit has been received, your price is guaranteed and is no longer subject to change. “Extraordinary Circumstances” are any mechanical, technical, operational, climatic, sociopolitical or any other conditions beyond the control of smarTours or its Providers (as defined below), which necessitate any change in the Tour itinerary, including, but not limited to, any change in vendor, location, transportation or schedule. Extraordinary Circumstances may include, without limitation, acts of God, strikes, national or international political or social events or occurrences (including acts of war or terrorism), or the material worsening or escalation thereof, earthquakes, hurricanes, tornados, or other natural disasters, or infectious diseases, epidemics or pandemics and related quarantines. Tour rates include only those items specifically identified in the Tour itinerary or Tour inclusions section and may not include passport and visa fees, excess baggage charges, baggage and personal insurance, gratuities, optional tours, optional upgrades, beverages, other personal items and expenses. Certain foreign taxes and fees are not pre-collected and must be paid overseas by the customer.

 

Promotions & Special Pricing: Promotion codes, special pricing/discounts, and offers are valid within the specified time period for new bookings only, and cannot be combined with any other discounts or offers except for the early booking discount and eCheck discount. Private groups are not eligible for promotions and special pricing. Any cash or credit refund for any Tour booked using a promotion code, special pricing/discount, or offer will be subject to smarTours’ standard cancellation, refund and credit terms and applicable cancellation fees.

 

Payments: You may make payment by eCheck or select credit card. To qualify for the eCheck discount price, you must either (a) make the applicable Second Deposit and Final Payment by electronic check in U.S. dollars or (b) enroll in auto-pay by credit card for both your second deposit and final payment. You may enroll in autopay by phone by calling 1-800-337-7773 or online by logging into www.smarTours.com/booking.

 

Refunds: All refunds, subject to the cancellation charges set forth above, will be processed within 6-8 weeks. Once a Tour has commenced, no cash or credit refund can be given for any unused portion of the Tour, including, but not limited to, any unused portion resulting from a change to the Tour itinerary on account of an Extraordinary Circumstance. smarTours cannot provide refunds on any fees associated with air travel or hotel upgrades or other optional Tour upgrades, including upgrade fees associated with flying in first or business class and upgrade fees associated with any hotel room upgrade. smarTours may, in its sole discretion, provide credit towards a future smarTours Tour in lieu of any cash refund.

 

Credits: Tour Credits must be redeemed within the time period specified by smarTours at the time of the issuance of the original credit. Unless otherwise specified, credits may not be transferred to any other person. Cash refunds are not available for any Tour booked using a credit. Instead, if you cancel a Tour booked using a credit then you will receive another credit in an amount, if any, equal to the previous credit balance less the applicable cancellation fee. Furthermore, any remaining credit balance must be used within the specified time period of the original credit. For example, if your credit must be redeemed by December 31, 2021, and you use it to book a new Tour scheduled for July 2021 and then you cancel the July 2021 Tour, your refund credit will be for the amount of the original credit reduced by the applicable cancellation fees and must be redeemed before December 31, 2021. Any Tour booked using a credit will be subject to the terms and conditions applicable at the time the credit is used, which may differ from these Terms or the terms and conditions applicable at the time of your original booking.

If you received a credit on account of a Tour that was suspended or cancelled due to the COVID-19 pandemic (a “COVID-19 Credit”), the Credit Memo that you received details the terms applicable to the redemption and use of your COVID-19 Credit. In the event of any ambiguity or conflict arising between these Terms and the terms set forth in your Credit Memo, to the extent of any such ambiguity or conflict, the terms set forth in your Credit Memo shall prevail.

 

Passports and Visas: For United States passport holders, to be eligible to participate in any international Tour, you must be in possession of a United States passport valid for at least 6 months after date of travel and hold a valid visa wherever required. It is your responsibility to check with the appropriate consulates as to the visa requirements and obtain proper travel documents before the trip. Visa fees are not included in the quoted Tour price. If you do not hold a passport from the United States, you are responsible for consulting with the appropriate authorities from your passport country of origin to check passport validity requirements and any applicable visa requirements for your Tour.

 

Air Transportation: Round-trip economy class airfare, from designated airports in the United States only, is included in the Tour price where indicated. Air schedules are subject to change by the applicable Provider without advance notice. smarTours is not responsible for any Liabilities of any kind caused by any such changes or resulting delays. On some Tours, add-on airfare from select cities in the United States may be offered for an additional fee. smarTours cannot guarantee the choice of domestic airline or the most direct routing. Any costs associated with an overnight layover are the responsibility of the participant. smarTours is not involved in, or responsible for, crediting frequent flyer miles. To receive frequent flyer miles or other credit for the Tour, you must follow the rules of the applicable Provider and deal with them directly.

 

Hotels/Cruise Ships: Hotel room and cruise ship stateroom accommodations are provided on a “run-of-the-house” basis. smarTours cannot guarantee the availability of single rooms. smarTours reserves the right to substitute hotels of similar or better category due to Extraordinary Circumstances.

 

Meals: Meals will only be provided and included in the Tour price as specifically indicated in the itinerary (B=Breakfast, L=Lunch D=Dinner). Beverages are not included unless the Tour itinerary expressly indicates otherwise.

 

Tour Itinerary and Domestic Transportation: Arrangements for the Tour itineraries, domestic transportation and flights are solely at the discretion of the local smarTours Provider and are subject to change without notice. Where appropriate, at the discretion of smarTours and/or the local smarTours Provider, a mandatory seat rotation or seat assignment may be implemented. Once any such seat rotation policy is implemented, there will be no exceptions.

 

Baggage: You are allowed one piece of checked luggage not to exceed 44 pounds as well as one carry-on bag. The dimensions of the carry-on may not exceed 18in. x 10in. x 8in. smarTours will not be responsible for any lost or damaged luggage. Excess baggage charges may apply in the extent that any checked or carry-on luggage exceed these limits.

 

Age Policy: Our Tours require a minimum age of 12 years old subject to the following exceptions: (a) during summer (Memorial Day to Labor Day) and holidays (the week of Thanksgiving, the week from Christmas to New Years, the week after Presidents’ Day, and Holy Week) our Tours allow ages 10 and up and (b) the Cape Town & Safari Express Tour and Best of China Tour each allows ages 8 and up. Any person under the age of 18 must be accompanied by an adult at all times.

 

Use of content: All content, images, logos, photos, and descriptions on smarTours’ website and other materials are the sole property of smarTours, and any use of such content without smarTours’ advanced written consent is prohibited. smarTours shall have the absolute and irrevocable right and permission to use any photograph and/or video that is taken of any Tour participant, or in which any Tour participant may be included with others, to copyright the same, in the name of smarTours or otherwise, to use, re-use, publish, and republish the same in whole or in part, individually or in conjunction with other photographs and video, and in conjunction with any printed matter, in any and all media now or hereafter known, and for any purpose whatsoever.

 

smarTours Accessibility Statement: smarTours’ policy is to provide our clients with disabilities with an opportunity equal to that of our non-disabled clients to use the services and accommodations that we provide in the United States in accordance with the Americans with Disabilities Act (“ADA”).

 

You are encouraged to report any special needs or other health concern requiring special attention, including the use of any special equipment, to smarTours at the time your reservation is made. smarTours will make reasonable efforts to accommodate the special needs of clients. Clients and prospective clients should be aware, however, that the ADA is inapplicable outside of the United States, and services, accommodations and facilities outside the United States for disabled individuals are limited.

 

Wheelchair or motorized scooter assistance or accessibility in international destinations cannot be guaranteed, and many Tours may not be wheelchair or motorized scooter accessible. If your trip is wheelchair-accessible and you require a wheelchair, you must provide your own small, collapsible wheelchair. We cannot accommodate service animals on most international trips. If you have a condition that requires any other special equipment or treatment, you must bring, and be responsible for, all necessary items related to your condition.

 

If you are unable to travel without assistance, you must be accompanied by an able companion who is capable of, and is completely responsible for, providing any needed assistance throughout the Tour. Neither smarTours personnel, nor the personnel of any smarTours Provider, may physically lift or assist participants into or out of transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should call us to determine what assistance may reasonably be given. smarTours cannot provide special individual assistance with walking, dining or other routine activities or personal services to participants with special needs.

 

If you have any medical or other disabling condition, then you travel at your own risk. smarTours is not liable for any injury or damages you may suffer relating to any such condition, including as a result of any loss of medical equipment, lack of assistance with, or accommodation of, special needs and limited availability, or complete lack of availability, of necessary medical assistance or treatment.

 

Consumer Disclosure and Responsibility: smarTours is not an agent of any for the companies it represents, including, but not limited to, any travel agent, tour sponsor, tour operator, tour guide, transportation provider, land operator, airline, cruise line, railroad, common carrier, hotel, resort, restaurant or any other provider of transportation, lodging or services on any Tour (each, a “Provider”). You understand and acknowledge that the Tour and related travel to and around each destination involves inherent risks and dangers including risks related to exposure to contagious diseases, serious bodily injury, including temporary or permanent disability, paralysis and death, and property damage. By utilizing the services of smarTours and its Providers, you agree that smarTours shall not be responsible for any damages (including without limitation illness, bodily injury or death), losses, claims, demands, rights, actions, costs (including attorneys’ fees and court costs) and liabilities, of whatever kind or nature (collectively, “Liabilities”), attributable to (a) any Extraordinary Circumstances, and any related travel restrictions, (b) any equipment failure or defect or (c) any fault or default of any Provider. smarTours shall not be liable for any damage resulting directly or indirectly from delays, cancellation or changes in flights. In the event that it becomes necessary or advisable, for the comfort or wellbeing of Tour participants, or for any reason whatsoever, to alter any Tour itinerary or arrangements, such alterations may be made without penalty to smarTours or the applicable Providers, and any additional expenses shall be borne by the participants. You will not be eligible for any refund or credit based on any voluntary or involuntary absence from any part of a Tour. smarTours and each Provider reserves the right, in its absolute discretion, for any reason or no reason, to refuse to allow any person to participate in any part of any Tour at any time and shall have no obligation to any such person for any Liability related to the exercise of such right. No transportation Provider shall be responsible for any act, omission, or event during the time participants are not aboard their aircraft and/or vessels. The passage contract in use by such Provider, when issued, shall constitute the sole contract between the Provider and the participants. Air transportation Providers shall not be liable for any Liabilities that may result by reason of defect or through the act or omissions of any person or company performing or rendering services other than carriage by air, as described in the Tour brochure. The services described in the Tour brochure, other than carriage by the identified air transportation Providers, are furnished by independent contractors who are not servants of or joint venture or partners with the air transportation Providers concerned.

 

smarTours reserves the right to cancel, suspend or reschedule any Tour, for any reason, prior to departure and shall not be held responsible for any Liabilities resulting from said cancellation, suspension or rescheduling. In the case of any Tour cancellation by smarTours, Tour participants may be offered a full refund of the amount paid to smarTours through the date of such cancellation, less any unavoidable Provider fees and penalties, including, but not limited to, hotel and airline cancellation fees, or smarTours may, in its sole discretion, provide credit towards a future smarTours Tour in lieu of any cash refund. In the case of any Tour suspension or rescheduling by smarTours, Tour participants will be offered a credit in the amount paid to smarTours through the date of such suspension, less any unavoidable Provider fees and penalties, including, but not limited to, hotel and airline cancellation fees. smarTours shall not be responsible for any Liabilities arising as a result of any cancellation, suspension or rescheduling. smarTours reserves the right to prohibit any person from traveling on any Tour.

 

Dispute Resolution: Any dispute arising from any Tour, itinerary, product or service provided by smarTours as well as any dispute arising under these terms and conditions will be governed by the laws of the State of New York, without regard to conflicts of laws principles, and will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration will be conducted by a mutually agreed upon mediator under the applicable rules of the American Arbitration Association. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, then such claim shall be brought before the state or federal court located in New York, New York, and each of smarTours and you waives any right to a jury trial.

 

If any of these Terms are deemed invalid, void or unenforceable for any reason, the unenforceable portions of the revised provision shall be severable and shall not affect the validity and enforceability of any remaining provision.

 

United States Tour Operators Association $1 Million Travelers Assistance Program: As an Active Member of USTOA, smarTours is required to post $1,000,000 with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of smarTours’ customers in the unlikely event of smarTours’ bankruptcy, insolvency or cessation of business. The $1 Million posted by smarTours may be sufficient to provide only a partial recovery of the advance payments received by smarTours. More details of the USTOA Travelers Assistance Program may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.

 

General Terms & Conditions Applicable to Private Group Tours

 

All reservations for tours (“Tours”) booked through smarTours, LLC (“smarTours”) are conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (these “Terms”). Please read these Terms carefully. By booking your Tour reservation through smarTours and paying your initial non-refundable deposit payment, you agree that these Terms shall apply. smarTours reserves the right to modify, revise, add or remove portions of these Terms, including any pricing, deposit, payment and cancellation terms, at any time by providing notice to the Tour group leader (the “Group Leader”) and Tour participants. Any such revisions will apply to Tours confirmed after the revised Terms are made available to the Group Leader.

Pricing and Payments: Non-refundable deposit payments are required to secure your reservation for your Tour unless waived by smarTours. To qualify for the discounted Tour pricing quoted in your group Tour offer, payment of the deposit payments and final payment must be made by eCheck or select credit card in U.S. dollars. Failure to submit final payment on time may result in the cancellation of your reservation. The cancellation charges and change fees applicable to your Tour are set forth in applicable the group Tour offer.

 

The cost of your Tour is contingent upon the Tour being booked by the minimum number of participants specified by smarTours in the group Tour offer. The Tour price will increase if the minimum number of participants is not met or if the number of participants drops below the required minimum before the time of final payment due to cancellations. smarTours reserves the right to cancel a Tour, or make amendments to a Tour itinerary, due to low participation or enrollment.

 

In the event of any Extraordinary Circumstance, as defined below, your Tour costs may change without prior notice. “Extraordinary Circumstances” are any mechanical, technical, operational, climatic, sociopolitical or any other conditions beyond the control of smarTours or its Providers (as defined below), which necessitate any change in the Tour itinerary, including, but not limited to, any change in vendor, location, transportation or schedule. Extraordinary Circumstances may include, without limitation, acts of God, strikes, national or international political or social events or occurrences (including acts of war or terrorism), or the material worsening or escalation thereof, earthquakes, hurricanes, tornados, or other natural disasters, or infectious diseases, epidemics or pandemics and related quarantines. Tour rates include only those items specifically identified in the Tour itinerary or Tour inclusions section and may not include: passport and visa fees, excess baggage charges, baggage and personal insurance, gratuities, optional tours, optional upgrades, beverages, other personal items and expenses. Certain foreign taxes and fees are not pre-collected and must be paid overseas by the customer.

 

Promotional Codes/Discounts: Promotional codes are not valid for private group Tour bookings and cannot be applied to reduce private group Tour prices.

 

Refunds: Individual customer refunds, subject to applicable cancellation charges, will be processed within 6-8 weeks. If you cancel your Tour before departure, any cash or credit refund you receive will be reduced by the applicable cancellation charges and penalties set forth in your group Tour offer, which may increase if the number of participants drops below the required minimum because of cancellations.

Once a Tour has commenced, no cash or credit refund can be given for any unused portion of the Tour, including, but not limited to, any unused portion resulting from a change to the Tour itinerary on account of an Extraordinary Circumstance. smarTours cannot provide refunds on any fees associated with air travel or hotel upgrades or other optional Tour upgrades, including upgrade fees associated with flying in first or business class and upgrade fees associated with any hotel room upgrade. The insurance premium is non-refundable and cannot be transferred from one departure to another in the event of a reservation change. smarTours may, in its sole discretion, provide credit towards a future smarTours Tour in lieu of any cash refund.

 

Passports and Visas: For United States passport holders, to be eligible to participate in any international Tour, you must be in possession of a United States passport valid for at least 6 months after the date of travel and hold a valid visa wherever required. It is your responsibility to check with the appropriate consulates as to the visa requirements and obtain proper travel documents before the trip. Visa fees are not included in the quoted Tour price. If you do not hold a passport from the United States, you are responsible for consulting with the appropriate authorities from your passport country of origin to check passport validity requirements and any applicable visa requirements for your Tour.

 

Air Transportation: Round-trip economy class airfare, from designated airports in the United States only, is included in the Tour price where indicated. Air schedules are subject to change by the applicable Provider without advance notice. smarTours is not responsible for any Liabilities of any kind caused by any such changes or resulting delays. On some Tours, add-on airfare from select cities in the United States may be offered for an additional fee. smarTours cannot guarantee the choice of domestic airline or the most direct routing. In the event that you must purchase a domestic flight to the airport from which the airfare for the Tour originates, you should allow at least a 3.5-hour layover to connect. Tour participants who do not allow sufficient time are responsible for arranging their own flights if the scheduled international flight is missed due to an insufficient layover time. You will be responsible for booking and payment for any necessary accommodations in the event an overnight is required in the United States before departing for a Tour, or upon return from a Tour. smarTours is not involved in, or responsible for, crediting frequent flyer miles. To receive frequent flyer miles or other credit for the Tour, you must follow the rules of the applicable Provider and deal with them directly.

 

Land Only Packages: International flights to and from the United States are not included in land only packages. Land only Tour participants are responsible for arranging entry and exit flights as well as arrival and departure airport transfers.

 

Hotels/Cruise Ships: Hotel room and cruise ship stateroom accommodations are provided on a “run-of-the-house” basis. smarTours reserves the right to substitute hotels of similar or better category due to Extraordinary Circumstances.

 

Meals: Meals will only be provided and included in the Tour price as specifically indicated in the itinerary (B=Breakfast, L=Lunch D=Dinner). Beverages are not included unless the Tour itinerary expressly indicates otherwise.

 

Tour Itinerary and Domestic Transportation: Arrangements for the Tour itineraries, domestic transportation and flights are solely at the discretion of the local smarTours Provider and are subject to change without notice. Where appropriate, at the discretion of smarTours and/or the local smarTours Provider, a mandatory seat rotation or seat assignment may be implemented. Once any such seat rotation policy is implemented, there will be no exceptions.

Baggage: You are allowed one piece of checked luggage not to exceed 50 pounds as well as one carry-on bag. The dimensions of the carry-on may not exceed 18in. x 10in. x 8in. smarTours will not be responsible for any lost or damaged luggage. Excess baggage charges may apply in the extent that any checked or carry-on luggage exceed these limits.

 

Use of content: All content, images, logos, photos, and descriptions on smarTours’ website and other materials are the sole property of smarTours, and any use of such content without smarTours’ advanced written consent is prohibited. smarTours shall have the absolute and irrevocable right and permission to use, any photograph and/or video that is taken of any Tour participant, or in which any Tour participant may be included with others, to copyright the same in the name of smarTours or otherwise, to use, re-use, publish, and republish the same in whole or in part, individually or in conjunction with other photographs and video, and in conjunction with any printed matter, in any and all media now or hereafter known, and for any purpose whatsoever.

 

smarTours Accessibility Statement: smarTours’ policy is to provide our clients with disabilities with an opportunity equal to that of our non-disabled clients to use the services and accommodations that we provide in the United States in accordance with the Americans with Disabilities Act (“ADA”).

 

You are encouraged to report any special needs or other health concerns requiring special attention, including the use of any special equipment, to smarTours at the time your reservation is made. smarTours will make reasonable efforts to accommodate the special needs of clients. Clients and prospective clients should be aware, however, that the ADA is inapplicable outside of the United States, and services, accommodations and facilities outside the United States for disabled individuals are limited.

 

Wheelchair or motorized scooter assistance or accessibility in international destinations cannot be guaranteed, and many Tours may not be wheelchair or motorized scooter accessible. If your trip is wheelchair-accessible and you require a wheelchair, you must provide your own small, collapsible wheelchair. We cannot accommodate service animals on most international trips. If you have a condition that requires any other special equipment or treatment, you must bring, and be responsible for, all necessary items related to your condition.

 

If you are unable to travel without assistance, you must be accompanied by an able companion who is capable of, and is completely responsible for, providing any needed assistance throughout the Tour. Neither smarTours personnel, nor the personnel of any smarTours Provider, may physically lift or assist participants into or out of transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should call us to determine what assistance may reasonably be given. smarTours cannot provide special individual assistance with walking, dining or other routine activities or personal services to participants with special needs.

 

If you have any medical or other disabling condition, then you travel at your own risk.smarTours is not liable for any injury or damages you may suffer relating to any such condition, including as a result of any loss of medical equipment, lack of assistance with, or accommodation of, special needs and limited availability, or complete lack of availability, of necessary medical assistance or treatment.

 

Consumer Disclosure and Responsibility: smarTours is not an agent of any for the companies it represents, including, but not limited to, any travel agent, tour sponsor, tour operator, tour guide, transportation provider, land operator, airline, cruise line, railroad, common carrier, hotel, resort, restaurant or any other provider of transportation, lodging or services on any Tour (each, a “Provider”). You understand and acknowledge that the Tour and related travel to and around each destination involves inherent risks and dangers including risks related to exposure to contagious diseases, serious bodily injury, including temporary or permanent disability, paralysis and death, and property damage. By utilizing the services of smarTours and its Providers, you agree that smarTours shall not be responsible for any damages (including without limitation illness, bodily injury or death), losses, claims, demands, rights, actions, costs (including attorneys’ fees and court costs) and liabilities, of whatever kind or nature (collectively, “Liabilities”), attributable to (a) any Extraordinary Circumstances and any related travel restrictions, (b) any equipment failure or defect or (c) any fault or default of any Provider. smarTours shall not be liable for any damage resulting directly or indirectly from delays, cancellation or changes in flights. In the event that it becomes necessary or advisable, for the comfort or wellbeing of Tour participants, or for any reason whatsoever, to alter any Tour itinerary or arrangements, such alterations may be made without penalty to smarTours or the applicable Providers, and any additional expenses shall be borne by the participants. You will not be eligible for any refund or credit based on any voluntary or involuntary absence from any part of a Tour. smarTours and each Provider reserves the right, in its absolute discretion, for any reason or no reason, to refuse to allow any person to participate in any part of any Tour at any time and shall have no obligation to any such person for any Liability related to the exercise of such right. No transportation Provider shall be responsible for any act, omission, or event during the time participants are not aboard their aircraft and/or vessels. The passage contract in use by such Provider, when issued, shall constitute the sole contract between the Provider and the participants. Air transportation Providers shall not be liable for any Liabilities that may result by reason of defect or through the act or omissions of any person or company performing or rendering services other than carriage by air, as described in the Tour brochure. The services described in the Tour brochure, other than carriage by the identified air transportation Providers, are furnished by independent contractors who are not servants of or joint venture or partners with the air transportation Providers concerned.

 

smarTours reserves the right to cancel, suspend or reschedule any Tour, for any reason, including low participation or enrollment, prior to departure and shall not be held responsible for any Liabilities resulting from said cancellation, suspension or rescheduling. In the case of any Tour cancellation by smarTours, Tour participants may, in smarTour’s discretion, be booked on a regular smarTours Tour departing around the same time as the cancelled group Tour or may be offered a refund of the amount paid to smarTours through the date of such cancellation, unavoidable Provider fees and penalties, including, but to limited to, hotel and airline cancellation fees, provided that smarTours may, in its sole discretion, provide credit towards a future smarTours Tour in lieu of any cash refund. In the case of any Tour suspension or rescheduling by smarTours, Tour participants will be offered a credit in the amount paid to smarTours through the date of such suspension, less any unavoidable Provider fees and penalties, including, but not limited to, hotel and airline cancellation fees. smarTours shall not be responsible for any Liabilities arising as a result of any cancellation, suspension or rescheduling other than the applicable cash or credit refund. smarTours reserves the right to prohibit any person from traveling on any Tour.

 

Credits: Tour Credits must be redeemed within the time period specified by smarTours at the time of the issuance of the original credit. Unless otherwise specified, credits may not be transferred to any other person. Cash refunds are not available for any Tour booked using a credit. Instead, if you cancel a Tour booked using a credit then you will receive another credit in an amount, if any, equal to the previous credit balance less the applicable cancellation fee. Furthermore, any remaining credit balance must be used within the specified time period of the original credit. For example, if your credit must be redeemed by December 31, 2021, and you use it to book a new Tour scheduled for July 2021 and then you cancel the July 2021 Tour, your refund credit will be for the amount of the original credit reduced by the applicable cancellation fees and must be redeemed before December 31, 2021.. Any Tour booked using a credit will be subject to the terms and conditions applicable at the time the credit is used, which may differ from these Terms or the terms and conditions applicable at the time of your original Tour confirmation.

If you received a credit on account of a Tour that was suspended or cancelled due to the COVID-19 pandemic (a “COVID-19 Credit”), the Credit Memo that you received details the terms applicable to the redemption and use of your COVID-19 Credit. In the event of any ambiguity or conflict arising between these Terms and the terms set forth in your Credit Memo, to the extent of any such ambiguity or conflict, the terms set forth in your Credit Memo shall prevail.

 

Dispute Resolution: Any dispute arising from any Tour, itinerary, product or service provided by smarTours as well as any dispute arising under these terms and conditions will be governed by the laws of the State of New York, without regard to conflicts of laws principles, and will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration will be conducted by a mutually agreed upon mediator under the applicable rules of the American Arbitration Association. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, then such claim shall be brought before the state or federal court located in New York, New York, and each of smarTours and you waives any right to a jury by trial.

 

If any of these Terms are deemed invalid, void or unenforceable for any reason, the unenforceable portions of the revised provision shall be severable and shall not affect the validity and enforceability of any remaining provision.

 

Group Leader: Any incentives offered for the Group Leader are assumed to be on a sharing basis and are contingent upon the Tour being booked by the minimum number of participants specified by smarTours in the group Tour offer. If the Tour is not booked by the minimum number of participants specified by smarTours in the group Tour offer, then the free Tour spot for the Group Leader and any other Group Leader incentives will be forfeited. If a single room is required for the Group Leader, the single room supplement is not waived and must be paid for. If smarTours cancels a Tour due to low participation or enrollment, any good will deposit paid by the Group Leader may be forfeited, in smarTours’ sole discretion.

 

United States Tour Operators Association $1 Million Travelers Assistance Program: As an Active Member of USTOA, smarTours is required to post $1,000,000 with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of smarTours’ customers in the unlikely event of smarTours’ bankruptcy, insolvency or cessation of business. The $1 Million posted by smarTours may be sufficient to provide only a partial recovery of the advance payments received by smarTours. More details of the USTOA Travelers Assistance Program may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.[/vc_column_text][/vc_column][/vc_row]