YOU AGREE THAT ANY DISPUTE WITH RESPECT TO THESE TERMS OF USE OR THE TRAVEL SITE
WILL BE RESOLVED IN SAN DIEGO, CALIFORNIA, REGARDLESS OF YOUR RESIDENCE OR PLACE
OF BUSINESS.
SF may at any time modify (a) the Travel Site, including eliminating or
discontinuing any content on or feature of the Travel Site, (b) any fees or charges
for use of the Travel Site, and (c) these Terms of Use. Your continued use of the
Travel Site will be conditioned upon the Terms of Use in force at the time of your
use.
SYSTEM ERROR
In case of a system error regarding pricing of air, hotel, car rental and any other booking from smartfares.com website, smartfares.com withholds the right NOT to sell the booking at the erroneous price. Once a system error has been identified, smartfares.com will notify you of the right price. At the same time, smartfares.com 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.
-
RELATIONSHIP
No joint venture, partnership, employment, agency or fiduciary relationship exists
between you and SF as a result of your use of our travel services, including
the Travel Site. In our role as a travel agent and provider of the Travel Site,
SF acts as an independent contractor. SF 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 SF, (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 SF's 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, stays or is accessing the Travel Site from a country prohibited under
U.S. export and/or 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 SF 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) SF debiting your account for any costs SF 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
You represent that you are of sufficient legal age to use the Travel Site and to
create binding legal obligations for any liability you may incur as a result of
the use of the Travel Site. You agree to supervise all use of the Travel Site by
minors using your name or account. You also warrant that all information supplied
by you or members of your household in using the Travel Site is true and correct.
You understand that you are responsible for all uses of the Travel Site by you and
those using your name or account. We retain the right to deny access to anyone to
the Travel Site, at any time and for any reason, including without limitation for
violation of these Terms of Use.
-
NO WARRANTIES
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
SF. SF 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. SF 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 SF HAS NO RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, ACTS OR OMISSIONS OF
ANY GOVERNMENTAL AUTHORITY. THE FACT THAT SF INCLUDES OR OFFERS ANY PRODUCT
OR SERVICE ON THE TRAVEL SITE DOES NOT MEAN SF IS ENDORSING OR RECOMMENDING
SUCH PRODUCT OR SERVICE.
-
LIMITATION OF LIABILITY
SF 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 YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE
TRAVEL SITE. IN NO EVENT SHALL SF 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 SF 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.
If, notwithstanding the foregoing, SF 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 SF 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 SF and without any liability whatsoever,
SF 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.
SF 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, SF 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 acknowledge and agree that by providing SF with any personal information
through the Travel Site for the purpose of registering on the Travel Site, or reserving
or purchasing products or services, you consent to SF sharing certain
of that information with Service Providers solely as necessary to complete a transaction
you have requested. For more information regarding how we treat your personal information,
please view our Privacy Policy.
-
INDEMNIFICATION
You shall defend and indemnify SF 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.
-
COPYRIGHTS/TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Travel Site are
the property of SF and the Service Providers. All information and content
including any software programs available on or through the Travel Site ("Content")
is protected by copyright.
-
GENERAL
These Terms of Use will be governed by and construed in accordance with the laws
of the State of California, without regard to conflict of laws provisions. If any
provision of these Terms of Use is held or deemed invalid, unlawful, void or unenforceable,
then that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions.