Terms and Conditions

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Find Your Perfect Tour

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. Certain Tours may be subject to additional or different terms, as set forth in the applicable invoice. Effective February 6, 2024. 

General Terms & Conditions Applicable to All Tours

RESERVATIONS & RATES

RESERVATIONS

Reservations for Tours are accepted by phone or online. In order to make a reservation, you must be at least 18 years of age and have legal authority to enter into a binding agreement under the terms presented herein. Reservations are confirmed upon receipt of the applicable non-refundable deposit, which must be paid at the time of your reservation for all travelers on the booking unless expressly waived by smarTours in writing. 

If you are making a booking for anyone other than yourself, regardless of whether or not you are traveling on the reservation with them, you are considered the primary contact on the booking and representative for the other travelers. You represent and warrant that you have permission to make this booking on behalf of the other travelers, and you agree that you are responsible for (a) making all payments due for your booking, (b) providing to smarTours all Required Traveler Information, described below, about all travelers on the booking, (c) notifying smarTours if any changes or cancellations are required, and (d) keeping the other travelers on the booking informed of all information relevant to your trip.

REQUIRED TRAVELER INFORMATION

To make a booking, we require that you supply certain Required Traveler Information for each traveler, including the full legal name, gender, birthdate, and passport information, as required by law and/or reasonably required to enable us and our Providers to provide your purchased services. We also require contact information, including address, phone number, and email address, from the person making the booking. We request a phone number and email address for all other travelers, so that we may reach each traveler in case of last minute itinerary changes, emergencies, or for communication of important information during the Tour, such as COVID-19 test results. For each traveler, we also require the name and contact information of a designated emergency contact person who is not traveling on the Tour. You are responsible for verifying that any information you provide for yourself and on behalf of other travelers on your booking is complete and accurate. Under no circumstances will we be liable for any errors or omissions in the information you have provided to us, or any fees or damages related to such errors or omissions. After you complete your booking, we’ll send you an email containing a link to a secure page on our website for entering the above Required Traveler Information. This information must be provided in its entirety prior to the Final Payment Due Date, or your booking may be subject to cancellation.

TOUR RATES AND AVAILABILITY

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. 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 tour activities, 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 may not be combined with other discounts or offers unless offered by smarTours a stackable credit. Any Tour booked using a promotion code, special pricing/discount, or offer will be subject to smarTours’ standard change, cancellation, payment, credit and refund terms, and applicable cancellation fees.

CHANGE, CANCELLATION & PAYMENT TERMS

STANDARD CHANGE TERMS

For any tour reservations booked on the smarTours website or via the smarTours call center, the original reservation may be changed up until the final payment due date for a Reservation Change Fee of $150 per person, per change. No changes are permitted after the final payment due date.

In addition to the smarTours Reservation Change Fee, you will be responsible for paying any fees and/or fare differences assessed by smarTours’ Providers, such as airlines or hotel partners impacted by the change requested.

Note that when rebooking, if you choose a trip that is more expensive than your original booking, you are responsible for the difference in price. If the trip or departure is less expensive than your original booking, the balance due for the new booking will be adjusted accordingly, and any overages already paid will be issued as a future travel Credit.

You may not cancel and rebook the same tour and departure date in order to take advantage of a new or different promotion offered by smarTours. In these cases, standard cancellation terms will apply to the original booking, and therefore the non-refundable deposit is forfeited and may not be transferred to the new booking.

A Passenger Change Fee of $100 per person per change will apply for any changes to passengers on your reservation before final payment is due. Separately, a Name Change Fee for correcting the Passenger Name on Air Flights will result in a $100 per name change. You will also be responsible for paying any fees and/or fare differences assessed by smarTours’ Providers, such as airlines or hotel partners impacted by the name change requested. No name changes may be made once a trip is in motion.

Summary of Change Fees
Reservation Change Fee
includes changing tours or travel dates, and removing services prior to the final payment due date. No reservation changes may be made after the final payment due date.
$150 + any fees and/or fare differences assessed by smarTours’ Providers
Passenger Change Fee
includes changing passengers on a reservation prior to the final payment due date. No passenger changes may be made after the final payment due date.
$100
Name Change Fee
includes correcting names on any international or internal flights after the final payment date.
$100 + any fees and/or fare differences assessed by smarTours’ Providers

CANCELLATIONS REQUESTED BY YOU

All Tour reservations are subject to the applicable payment and cancellation terms set forth below. All cancellations must be submitted via email to cancel@smartours.com or by phone to our customer service team during business hours, Mon-Fri 9am-5:30pm ET. We will require confirmation of identity to complete your cancellation, and will need the invoice number for the booking, and the names of all guests to be canceled.

When you cancel your tour, any refunds, if due, are issued in the form of future travel Credits with smarTours. Credits will be reduced by the applicable cancellation charges noted in the Payment Terms sections below, based upon the Payment Terms for your Tour and the timing of your Cancellation. Credits may be further reduced by the cost of any issued flight tickets if nonrefundable, or any cancellation fee assessed by the airline if refundable. Once a Tour has commenced, no future travel Credit can be issued for any unused portion of the Tour. 

PAYMENTS & PAYMENT TERMS

A non-refundable deposit is due at the time of booking. Final payments are due a specified number of days prior to departure, depending upon your Tour, so that smarTours may secure your reservation and make all necessary arrangements for your trip. Failure to make final payment on time may result in automatic cancellation of reservation and loss of deposit. Specific Payment Term plans and their associated cancellation fees are presented below. The Payment Terms applicable for each Tour can be found on your invoice, or by visiting the applicable Tour page on the smarTours website. You may also contact one of our representatives at 800-337-7773 to confirm which terms apply to your Tour.

125 DAY PAYMENT TERMS, $1000 DEPOSIT

  • Final Payment Due Date: Due 125 days before departure
  • Cancellation Fees:
    • Up to 125 days before departure: $1000 per person Non-Refundable Deposit
    • 100-124 days before departure: 50% of cost per person
    • 60-99 days before departure: 80% of cost per person
    • 59 days or fewer before departure: No refund is available.

125 DAY PAYMENT TERMS, $300 DEPOSIT

  • Final Payment Due Date: Due 125 days before departure
  • Cancellation Fees:
    • Up to 125 days before departure: $300 per person Non-Refundable Deposit
    • 100-124 days before departure: 50% of cost per person
    • 60-99 days before departure: 80% of cost per person
    • 59 days or fewer before departure: No refund is available.

120 DAY PAYMENT TERMS

  • Final Payment Due Date: Due 120 days before departure
  • Cancellation Fees:
    • Up to 120 days before departure: $300 per person Non-Refundable Deposit
    • 100-119 days before departure: 50% of cost per person
    • 60-99 days before departure: 80% of cost per person
    • 59 days or fewer before departure: No refund is available.

90 DAY PAYMENT TERMS

  • Final Payment Due Date: Due 90 days before departure. 
  • Cancellation Fees:
    • Up to 90 days before departure: $300 per person Non-Refundable Deposit
    • 60-89 days before departure: 50% of cost per person
    • 30-59 days before departure: 80% of cost per person
    • 29 days or fewer before departure: No refund is available.

60 DAY PAYMENT TERMS

  • Final Payment Due Date: Due 60 days before departure. 
  • Cancellation Fees:
    • Up to 60 days before departure: $300 per person Non-Refundable Deposit
    • 40-59 days before departure: 50% of cost per person
    • 30-39 days before departure: 80% of cost per person 
    • 29 days or fewer before departure: No refund is available

TOUR SUSPENSION OR CANCELLATION BY SMARTOURS

smarTours reserves the right to cancel, suspend or reschedule any Tour, for any reason, including, but not limited to, insufficient demand, unsafe conditions, or travel restrictions introduced by the destination. In the event smarTours must cancel, suspend or reschedule a Tour, we will notify you prior to the Final Payment Due Date, unless cancellation or suspension is due to an unforeseen circumstance that arises after the Final Payment Date. 

If your Tour is canceled, suspended, or rescheduled, smarTours will issue you a future tour Credit for the amount paid to smarTours through the date of such cancellation, suspension, or rescheduling, less any non-refundable Provider fees and penalties, including, but not limited to, hotel and airline cancellation fees. smarTours will reach out to assist you with rebooking your trip to a future date or a different Tour. If you prefer not to rebook immediately, your future travel Credit will remain in your account for future use before its applicable expiration date.

smarTours shall not be responsible for any Liabilities, as defined below, arising as a result of any cancellation, suspension or rescheduling, including, but not limited to, the cost of any connecting flights, accommodations, airport transportation, visas, document fees, vaccinations, or other services you may purchase that are dependent upon the operation of your trip. smarTours is not responsible for any incidental expenses or consequential losses that you incur as a result of a canceled booking. Where possible, we recommend that you wait until after your final payment due date to purchase any such services ancillary to your Tour.

CREDITS

CREDITS

Future travel Credits may be issued for a variety of reasons, including, but not limited to, (a) as a credit for amounts paid on a Tour that was canceled, suspended or rescheduled, (b) as a credit for referring a new customer to smarTours, or (c) as a gesture of goodwill. Future travel Credits must be redeemed within the time period specified by smarTours at the time of the issuance of the original Credit. 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 canceled 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.

Unless otherwise specified, future travel Credits may not be transferred to any other person.

If you cancel a Tour booked using a Credit, your Credit will be reissued to you, less the applicable cancellation fees. Furthermore, any remaining Credit balance must be used within the specified time period of the original Credit. If, for any reason, smarTours cancels, suspends or reschedules a Tour that was booked using a Credit, the Credit will be re-issued to you, less any non-refundable Provider fees and penalties, including, but not limited to, hotel and airline cancellation fees

TOUR SERVICES

INCLUDED SERVICES

Included services vary by package and are summarized on the Tour page for each trip. Any excursion, meal, transportation, product or service listed as optional and not expressly included in the itinerary or base price of the Tour package may optionally be purchased either from smarTours directly prior to travel, or from a 3rd party provider in destination. smarTours cannot guarantee availability of optional services, and for those purchased in destination, we cannot guarantee price

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.

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, as defined below.

TOUR ITINERARY AND IN-TOUR TRANSPORTATION

Arrangements for the Tour itineraries, domestic transportation and intra-tour flights are solely at the discretion of the local smarTours Provider and are subject to change without prior 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.

TOUR-ONLY BOOKINGS

smarTours Tours may be booked without flights, also known as tour-only or land-only bookings. If you choose to book one of our tour-only bookings, you are responsible for arranging your own arrival in and departure from the destination, including airport transfer and other local transportation to the Tour starting location at the time appointed. 

AIR TRANSPORTATION

Round-trip economy class airfare, from designated airports in the United States only, can be included in the Tour price, as indicated on our Tour pages. 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 flier miles. To receive frequent flier miles or other credit for the Tour, you must follow the rules of the applicable Provider and deal with them directly.

AIR BAGGAGE ALLOWANCE

Travelers booking their international flight through smarTours are typically allowed one piece of checked luggage. smarTours will not be responsible for any lost or damaged luggage. Excess baggage charges may apply to the extent that any checked or carry-on luggage exceeds the limits applied by the airline, and are the responsibility of the traveler.

TRAVEL INSURANCE

smarTours recommends the purchase of Travel Insurance. Travel insurance is optional, and we do not require that travelers purchase insurance through smarTours or one of its preferred providers. For your convenience, we offer a travel protection plan provided by Trip Mate at the time of booking. Plan costs paid through smarTours are non-refundable (after the 10-day free look period) and cannot be transferred from one departure to another in the event of a reservation change initiated by you after the Final Payment Due Date for your Tour

TOUR PARTICIPATION

SMARTOURS CODE OF CONDUCT

Traveling in a group requires travelers to be respectful not only of the Tour Director and local people in the destination, but also of fellow travelers in their group. To ensure the safety, well-being and enjoyment of everyone in the group, smarTours reserves the right to reject or remove any traveler whose behavior is determined to be disruptive or incompatible with the group. This includes (a) failure to comply with decisions or rules made by your Tour Director, smarTours or its representatives, (b) failure to comply with destination-specific laws, regulations, mandates, rules or recommendations set forth by any governmental authority, or (c) behaving or threatening to behave in a way that is judged to be dangerous to yourself or others, or to adversely affect the safety, comfort, well-being or enjoyment of yourself or other individuals, including but not limited to behavior that puts you or other passengers at risk of physical injury, or is disruptive, verbally or physically abusive, harassing, discriminatory or obscene. If smarTours removes you from the group for one of the above reasons, we will not refund any portion of the package cost paid by you. All unused services are non-refundable, and all expenses, including cancellations and return expenses, will be the responsibility of the traveler. smarTours shall be entitled to recover from you any costs or expenses incurred by smarTours or its representatives in connection with your removal from the tour

COVID-19 VACCINATION 

COVID-19 vaccinations are required for all guests traveling with smarTours through March 31, 2023. For trips beginning on or after April 1, 2023, vaccines will no longer be required.  In line with CDC guidance, smarTours still strongly recommends that all guests be fully vaccinated against COVID-19, including keeping current with boosters as advised by your doctor and local health authorities. 

Some destinations may have stricter requirements for entry and in these cases, the requirements of the destination prevail. It is your responsibility to be aware of and comply with any destination entry requirements and, where required, to bring proof of vaccination with you on the trip and be ready to present it upon request. 

Failure to comply with any destination entry requirements, including those for COVID-19, may result in you being asked to leave the tour and in such instances, smarTours will not credit or refund any portion of the Tour cost paid by you. All unused services are non-refundable, and all expenses, including cancellations and return expenses, will be the responsibility of the traveler.

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 the period required by the destination country. You are also required to obtain a valid visa wherever required by the destination country. It is your responsibility to check with the appropriate consulates as to the passport validity and 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.

AGE REQUIREMENTS

In general, our Tours require a minimum age of 12 years old. Please contact us if you have reason to request an exception to this rule. Any person under the age of 18 must be accompanied by an adult at all times. Please note that select tours may have a higher minimum age requirement. For example, Uniquely Uganda has a minimum age requirement of 15, with no exceptions.

ACCESSIBILITY

There are physical demands inherent to all Tours, and smarTours strongly recommends that you select a tour suitable to your physical capabilities. Most Tours require considerable walking and may pose challenges for travelers with limited mobility.

Clients and prospective clients should be aware that the Americans with Disabilities Act (“ADA”) is inapplicable outside of the United States, and services, accommodations, and facilities outside of the United States for disabled individuals are limited.

You are required to report any special needs or other health concerns requiring special attention, including the use of any special equipment, to smarTours at the time of reservation. If booking online, you must contact our customer service team within 5 days of reservation to report any special needs. smarTours will make reasonable efforts to accommodate the special needs of clients.

In order to participate in a group tour, you must be able to step on and off of a motorcoach which may have steep steps, unassisted, multiple times per day. You must also be able to step on and off of other modes of transportation as specified in your tour (such as boats, trains, or specialty vehicles), navigate stairs, and step in and out of bathtub-shower combinations as walk-in showers are not guaranteed at hotels. You must be able to stand or walk on hard, uneven surfaces during guided visits for up to 2 hours, or more, per day depending on your tour. In the event that the motorcoach cannot reach the hotel, you must be able to carry your own bags for distances of up to 300 yards.

If you have a condition that requires any special equipment or treatment, you must bring, and be responsible for all necessary items related to your condition. We cannot accommodate wheelchairs, walkers, and motorized scooters in international destinations, nor can we accommodate service animals.

Neither smarTours personnel, nor the personnel of any smarTours Provider, may physically lift or assist participants into or out of transportation vehicles. smarTours cannot provide special individual assistance with walking, dining, or other routine activities or personal services to participants with special needs. Travelers needing assistance must be accompanied by an able companion who can be entirely responsible for providing the assistance.

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.

ADDITIONAL DEFINITIONS AND DISCLOSURES

EXTRAORDINARY CIRCUMSTANCES

“Extraordinary Circumstances” are any mechanical, technical, operational, climatic, sociopolitical or any other conditions beyond the control of smarTours, 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. 

USE OF CONTENT

All content, images, logos, photos, and descriptions on smarTours’ website and other materials are the sole property of smarTours or are licensed to smarTours for its use on its website and marketing materials, and any re-use, distribution or licensing of such content without smarTours’ advanced written consent is prohibited. smarTours shall have the right and permission to use any photograph and/or video that is taken while on a smarTours Tour by smarTours personnel or any of its Providers, or shared with smarTours by a Tour participant, including images in which any Tour participant may be included, 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.

CONSUMER DISCLOSURE AND RESPONSIBILITY

smarTours is not an agent 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”).  For the avoidance of doubt and without limiting the generality of the foregoing, smarTours shall not be responsible, directly or indirectly, for any Liabilities attributable to (a) any Extraordinary Circumstances, and any related travel restrictions, (b) any equipment failure or defect, (c) any fault or default of any Provider or (d) any delays, cancellation or changes in flights. In the event that it becomes necessary or advisable or for any reason whatsoever, including for the comfort or wellbeing of Tour participants, 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.

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 waive 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.