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Terms and Conditions

Introduction:

Welcome to the Smartflyfarez.com website.The Smartflyfarez.com is designed to be userfriendly , informative and secure as possible.Our website is provided solely to assist customers in gathering travel and purshasing travel-related goods and services.For the purpose of this agreement, (a)"we", "us",'our" refer to Smartflyfarez.com ,(b)"you' or "your" refers to you as the user of our website,(c) "including"or "includes" means including without limitation, and (d) "Bookings" means any goods or services(including airline tickets and hotel bookings) purchased or reserved through the website.

This Agreement describes the terms and conditions applicable to the services available through our Website and details your responsibilities, thereby limiting the liability of Smartflyfarez.com and its third-party suppliers or providers. These include the airlines, hotels, rental car companies and other suppliers that provide Bookings or other services through our Website (such third parties are collectively referred to as the "Travel Service Providers"). Please read these Terms carefully, as they contain important information. By accessing or using our Website, booking any Bookings on our Website, or contacting our call center agents, you agree that the Terms then in force shall apply.

Smartflyfarez.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended Terms on this site. We recommend that you review these periodically. The amended Terms shall be effective from and after the date that they are posted on our Website.

Any statements made in Terms & Conditions, including disclaimers related to Smartflyfarez.com, are made on behalf of our affiliates, subsidiaries, and parent companies.

BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED BELOW.

1. USE OF OUR WEBSITE

As a condition of your use of our Website, call center agents, and other products and services provided by Smartflyfarez.com, including any content (together "Services"), you warrant that:

  • -You are at least the age of majority in the jurisdiction where you reside;
  • -You possess the legal authority to engage in a legally binding contractual relationship;
  • -You will use our Website in accordance with this Agreement;
  • -You will only use the Services to make legitimate Bookings for you or for another person for whom you are legally authorized to act;
  • -You will inform such other persons about the Terms that apply to the Bookings you have made on their behalf, including all rules and restrictions applicable thereto;
  • -All information provided by you to the Services is true, accurate, current and complete;
  • -If you have a Smartflyfarez.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

Smartflyfarez.com retains the right, at our sole discretion, to deny access to anyone to the Services we offer, at any time and for any reason, including for violations of this Agreement.

2. RESOLUTION OF DISPUTES

You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Website, any Bookings, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy ("Claims") by contacting Smartflyfarez.com at 1-866-817-1851 or leave a feedback at sales@smartflyfarez.com so that we have a chance to address your issues or problems.

3. TRAVEL INFORMATION - GENERAL

Our Website provides extensive information related to travel to our customers, which may include information about vacation destinations, tour packages, travel providers, airfares, flight schedules, cruise details, travel insurance, or and foreign currencies. We receive this information from third-party sources such as airlines, hotels, tour operators and transportation providers. We always take reasonable care to make sure this information is accurate and up-to-date. However, we cannot guarantee the accuracy of this information or that it is the most current information available and cannot be held liable for any inaccuracies. Moreover, please understand that all the information on our Website is subject to change. Also, travel products, packages and services described on our website are subject to availability.

As a traveler, you must know and understand the applicable legal requirements related to travel, including passport, visa and health requirements. the ultimate responsibility for obtaining this information and complying with any and all passport, visa, health or other requirements remains solely and exclusively with you.

Additional terms and conditions, including additional terms and conditions set out by Travel Service Providers, may apply to Bookings ("Additional Terms"). Please read such Additional Terms carefully, including any airline conditions of carriage which may be set out on an airline's website. You agree to abide by any applicable Additional Terms, including Additional Terms relating to payment, availability, check-in times, baggage fees, baggage restrictions, change fees, cancellation fess, and the use of fares, products, or services. For greater certainty, airline fare rules are Additional Terms.

If your itinerary includes flights operated by more than one airline, please read carefully each such airline's terms and conditions, which can be found on each airline's website. Each airline will have its own restrictions, rules and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer may be responsible for any fees or ticket cost incurred for making changes to the unaffected flight. Such airlines may charge their own fees for changes, refunds, or if exchanges are requested. You are responsible for complying with each airline's terms and conditions, which may differ (for example, check-in times and limits on baggage size/weight). It is advisable you print your outbound and return portions of your e-ticket confirmation for all flights prior to traveling. You may be asked for proof of your return ticket at check-in. JustFly.com may offer customers the opportunity to book a booking for a combination of two one—way tickets instead of a roundtrip ticket.

Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer will be responsible for any fees incurred for making changes to the unaffected flight.

For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.

4. INTERNATIONAL TRAVEL

If you are traveling internationally, please be advised that the provisions of the Montreal Convention and the Warsaw Convention may be applicable to your journey including portions entirely within the countries of departure or destination. The Conventions govern and in most cases limits the liability of carriers to passengers for death or personal injury.

Passengers are responsible for ensuring that they meet foreign entry requirements and that their travel documents, such as but not limited to passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Visa and Passport – You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health – Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection – Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board.

BY OFFERING BOOKINGS FOR PARTICULAR INTERNATIONAL DESTINATIONS, JustFly.com DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

5. AIRLINE BAGGAGE POLICY

Each airline has its own policies regarding baggage allowances, fees and restrictions. These policies differ from airline to airline and can change at any time. We try our best to display current baggage fee information on our Website, but we cannot guarantee the accuracy of this information. Ultimately, you are responsible for verifying your airline's baggage policies and fees before your departure. Also, please be aware that baggage fees are not included in the cost of your trip.

6. AIRLINE BAGGAGE POLICY

Each airline has its own policies regarding baggage allowances, fees and restrictions. These policies differ from airline to airline and can change at any time. We try our best to display current baggage fee information on our Website, but we cannot guarantee the accuracy of this information. Ultimately, you are responsible for verifying your airline's baggage policies and fees before your departure. Also, please be aware that baggage fees are not included in the cost of your trip.

7. AIRLINE BAGGAGE POLICY

Each airline has its own policies regarding baggage allowances, fees and restrictions. These policies differ from airline to airline and can change at any time. We try our best to display current baggage fee information on our Website, but we cannot guarantee the accuracy of this information. Ultimately, you are responsible for verifying your airline's baggage policies and fees before your departure. Also, please be aware that baggage fees are not included in the cost of your trip.

8. CANCEL WITHOUT REFUND

Smartflyfarez.com was able to secure a great price for your original flight. However, cancelling your ticket and exchanging it for a future flight may be subject to restrictions and/or additional costs. Prices for replacement flights may be higher than what you originally paid, and may involve less choice, due to the limitations imposed by the airlines for flight exchanges. Potential restrictions and/or limitations include:

  • -Fares eligible to rebook in the future may be limited to the same fare type and/or fare class as your original ticket(s).
  • -Your original ticket price consisted of individual fare and taxes components. In some cases, the original fare and taxes components of your original ticket may be respectively limited to the fare and tax portions of your new itinerary.
  • -The original value of your ticket(s) is non-refundable and non-transferable from one traveller to another.
  • -If the cost of your new flight is greater than your original ticket, you will need to pay the remaining difference in price. If the cost of your new flight is less than your original ticket price, you may lose the remaining value depending on the airline policy.
  • -You may be restricted to rebooking a ticket that has the same origin and/or destination as your original ticket.
  • -The booking date and/or travel date of your trip must be within the validity period allowed by the airline (e.g. 12 or 24 months from the original ticket purchase date or travel date, depending on the airline policy).
  • -You must rebook a ticket with the same airline as the original ticket(s).
  • -The value of your original ticket cannot be used for the purchase of ancillary services;
  • -Upon rebooking, you may be charged an Exchange fee per passenger by the airline.
  • -Your reservation must be cancelled prior to the scheduled departure date or you risk losing the full value of your ticket.
  • -You must rebook your new flight(s) through Smartflyfarez.com. You can rebook by contacting one of our Customer Service Agents .

In addition, in the event you are cancelling your ticket, you may be charged the applicable additional fees set out in Section 13 (Fees for Cancellations, Changes and Refunds) below.

9. OVERBOOKING OF FLIGHTS

Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed booking.

Each airline has its own rules for dealing with such scenarios, which are contained in the airline's contract of carriage. Check with the airline or call us for details.

10. PRICES

All prices displayed on our Website are subject to change at any time without prior notice. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other Travel Service Providers may change their prices without notice.

Once you have submitted your payment information, you should receive an email titled "Booking Notification" from us or the applicable Travel Service Provider (a "Booking Notification"). Your Booking Notification may provide you with a confirmation number before purchase has been completed and before a ticket has been issued). If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued by your air carrier.

If a price increase occurs after you have made a booking that affects your travel package, we will notify you of the price increase before taking any further steps.

However, no price increases will affect your travel package once your booking has been finalized.

Pricing is displayed in USD and/or CAD currency.

We reserve the right to cancel a Booking that has been accepted booking if full payment is not received in a timely fashion.

The rate applied on the date of issuance of the ticket is only valid for a ticket fully utilized and in the sequential order of flight segments on the dates indicated. Improper use may void the ticket and result in cancellation of the entire trip.

11.CANCELLATIONS, CHANGES AND REFUNDS

Bookings cannot be cancelled or changed, and are non-refundable, unless otherwise expressly stated as part of your Order or in these Terms. Your ability to cancel, or change or Booking., or to obtain a refund for your Booking, is subject to any airline fare rules and regulations. If you find that you must cancel a Booking for any reason, please contact us as Travel Service Providers may, on a case-by-case basis, permit changes to, the cancellation of, or refunds for, Bookings. We will assist you in this process.

In the event that your Booking can be cancelled, changed or refunded in accordance with the foregoing, (a) we will charge you the fees set out in Section 14 (Fees for Cancellations, Changes and Refunds) as applicable, and (b) Travel Service Providers may charge you additional fees.

If your Booking is for an airline ticket, even if your airline ticket Booking is non-refundable:

Your Booking may be eligible for a full fare refund if cancelled within 24 hours Eastern Standard Time the day your Booking was completed. However, even if such cancellation is permitted, you will be charged the applicable fees, set out in Section 14 (Fees for Cancellations, Changes and Refunds).

In certain cases, the airline may allow you to cancel without refund and apply the value of your original ticket towards a future ticket purchase by the same traveler on the same airline. Details on Cancel Without Refund are set out in Section 10 (Cancel Without Refund) above.

NAME CHANGES

Please be aware that once you have made a Booking, name changes are not permitted. If you find you need to change or correct the spelling of a name after you have made a Booking, you will have to cancel your original Booking, if permitted and otherwise subject to this Section (Cancellations, Changes and Refunds), and then make a new Booking with a new flight at the then-current rate using the correct spelling of the name. Therefore, it is imperative and your responsibility to verify the spelling of the names of all passengers before making your Booking.

Refund requests, when or if permitted, are subject to the Travel Service Provider's rules and regulations of purchased tickets. If the refund request is approved by the Travel Service Providers, we are unable to provide a specific timeline for how long it may take for this requested refund to be processed.

In the event that a refund is provided, please note that any fees associated with the Booking, or any fees that we charge you in accordance with Section 14 (Fees for Cancellations, Changes and Refunds) below, are not refundable. Please note that we are dependent on the Travel Service Providers for receiving the requested refunds. If a refund is approved by the Travel Service Provider it may take additional time for this to be credited back to you. Please note that it may take an extended period time for refunds to be processed.

12. FEES FOR CANCELLATIONS, CHANGES AND REFUNDS

Travel Service Providers may charge fees in connection with your Booking or, to the extent permitted, any cancellation, change, or refund thereto (e.g. a cancellation penalty).In addition to such Travel Service Provider fees and any fees associated with the original Booking, JustFly will charge the following fees as applicable where cancellations, changes and refunds are permitted in accordance with these Terms. JustFly fees are charged on a per-passenger, per-ticket basis in the currency of the related Booking and are generally non-refundable.

13. PAYMENT AND FLIGHT INFORMATION AND CONFIRMATION

Some banks and credit card companies charge a fee for international transactions. They will appear on your credit or bank card statement as a foreign or international transaction fee. For example, if you make a Booking through our Website from outside The United States using a American credit card, your bank may convert the payment amount to your local currency and may charge you a fee for the conversion. The amount of the charge appearing on your credit or bank card statement may be in your local currency and different than the purchase amount shown on the billing summary page for the Booking.

In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside the United States.

Booking international travel through our website may be considered an international transaction by the bank or credit card company since JustFly.com may pass your payment on to an international travel supplier.

Your bank or credit card company determines the currency exchange rate and the amount of the foreign transaction fee on the day it processes the transaction. Please contact your bank or credit card company should you have any questions about these fees or the exchange rate applied to your transaction.

Booking notification: Once your purchase is complete, you should receive an email titled "Booking Notification." Your booking may provide you with a confirmation number before a ticket has been issued. If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued.

Once your ticket has been issued, you should receive your electronic ticket.

We strongly recommend that you re-confirm your flight booking with the airline 24 hours prior to departure for domestic flights, and 72 hours prior to departure for international flights.

14.SEAT REQUEST

Our Seat Request service is an optional service that allows you to request specific seats to the airline on your behalf. Your seat requests will be transmitted to the airline once your booking is confirmed. Note that some of the seats that are shown at the time when your selection is made may no longer be available when the request is transmitted to the airline.

We do not guarantee that the airline will assign the requested seats. Seat Request fees will be refunded if we are unable to confirm with the airline that the requested seats have been assigned.

The airline may move you to a different seat in the event of a schedule change, aircraft change or any other unforeseen event.

Please contact the airline directly to confirm your seat assignment prior to departure. Click here to view the contact information of the airlines we have partnered with.

If you do not request a seat in advance, a seat will be automatically assigned to you at the time of check-in.

15. SPECIAL REQUESTS: INCLUDING MEALS AND FREQUENT FLYER

Please note that requesting specific meals, frequent flyers etc. are requests only. The airline reserves the right to make revisions without notification. All requests should be confirmed with the airline and we cannot guarantee that your meal/frequent flyer/other special requests will be confirmed by the airline. It is your responsibility to contact the airline you have booked with to confirm the requests you have made.

16.SUITABILITY OF TRAVEL PRODUCTS AND SERVICES

On our website, we offer a variety of travel products and services to our customers. However, we do not represent or warrant that any conditions that any of these travel products and services are or will be suitable and proper for you.

You agree to release us from any claims related to your satisfaction with the products and services detailed on our Website, including claims that these products and services are not or were not suitable for you.

17.UNACCOMPANIED MINORS

Tickets will not be sold directly to unaccompanied minors age 16 and under. Each airline sets its own policies and regulations for children traveling without adult supervision. Some airlines may not allow unaccompanied minors to travel without an adult. Some airlines will only allow unaccompanied minors to travel on non-stop flights. Many airlines may require additional fees to be paid at check-in. You must call the airline to verify rules and restrictions for an unaccompanied minor traveling alone.

18.CREDIT CARD CHARGEBACKS

You have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Smartflyfarez.com prior to disputing a charge with your credit card company so we may discuss and answer any questions or concerns you may have about our charges. In all cases, Smartflyfarez.com will work with you in resolving your concerns. Smartflyfarez.com retains the right to dispute any chargeback that it believes is improper, as described more fully below. Smartflyfarez.com also retains the right to fully cancel any Booking in the event of a chargeback related to that Booking.

By using our service to make a Booking with a Travel Service Provider, you accept and agree to the relevant cancellation policy of that Travel Service Provider. In all cases, the cancellation policy of each Booking is made available on with us . Please note that certain rates or special offers are not eligible for cancellation or change.

Smartflyfarez.com deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from you.

Chargebacks resulting from non-cancellable Bookings in the event that Smartflyfarez.com or the Travel Service Provider cannot provide a refund, whether or not the Booking is used.

Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User's, credit card.

Chargebacks arising from the Travel Service Provider's failure to deliver a product or service in a manner that's consistent with the Travel Service Provider's product description.

Chargebacks resulting from force majeure or other circumstances that are beyond the control of Smartflyfarez.com

For greater certainty, we may, in accordance with the Privacy Policy, use information relating to you, including recordings of customer service calls, to dispute chargeback claims from you.

19. PROHIBITED ACTIVITY

As a visitor to or user of our Website, you must use it in a responsible and cooperative manner. The content and information on our Website (including price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us, our providers, or our Travel Service Providers. While you may make copies of your travel itinerary (and related documents) or Bookings, you agree not to otherwise modify, copy, distribute, transmit display, perform, reproduce, publish, license, creative derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website. Additionally, you agree not to:

  • -Make any fraudulent, speculative or false inquiries or Bookings, or make any Bookings in anticipation of demand;
  • -Use any form of robot, spider, scraper or other automated means, or any comparable manual process, for the purpose of accessing, monitoring or copying any of the content or information on our Website without our prior written consent;
  • -Violate the restrictions in any robot exclusion headers on our Website or bypass or circumvent other measure employed to prevent or limit access to our Website;
  • Place or enter false, misleading or incorrect information on our Website;
  • -Make any form of booking, reservation or request through our Website without fully intending to use that booking, reservation or request for legitimate travel purposes;
  • -Use another person's name, user ID or password to make Bookings or inquiries on our Website without that person's prior permission;
  • -Use our Website while impersonating or acting as another person;
  • -post on or transmit through our Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or images, or any other material that could give rise to or result in civil or criminal proceedings;
  • -Access or use our Website in any manner that, in our opinion, could impair, impede or otherwise negatively affect the proper functioning and performance of our Website and its systems, or that could negatively impact other visitors to or users of our Website;
  • -Tamper with or hinder the operation of our Website or make unauthorized modifications to our Website;
  • -Delete data from our Website without our permission;
  • -Knowingly transmit any virus, malware or other disabling feature or software to or through our Website;
  • -Breach the rights of any third party (including rights in intellectual property or contract as well as obligations of confidentiality or nondisclosure) or break any related laws in visiting or using our Website;
  • -Frame this Website as part of another website, or cache our Website for commercial gain or advantage;
  • -Disguise or mask the origin device and/or IP address information of the data being transmitted through our Website; or
  • -Knowingly permit or allow another person to do any of the above acts.

We reserve the right to restrict or terminate your access to any or all of the features and components of our Website if we believe you have violated, or are violating, any of the above prohibitions. In the event of any such restriction or termination, you must immediately cease any prohibited use of our Website.

Attempting to access or use our Website in violation of any restrictions or terminations shall constitute an act of trespass. We will pursue legal action to the fullest extent possible against anyone whom we believe is in breach of the above prohibitions or is committing a trespass on our Website, and we reserve the right to do so.

20.INDEMNIFICATION

You agree to indemnify and defend Smartflyfarez.com and/ or its Travel Service Providers and any of their officers, directors, employees and agents from and against any and all losses, damages, claims, causes of action, demands, recoveries, fines, penalties, or other costs and expenses of any kind or nature including reasonable legal and accounting fees brought by a third parties as a result of:

  • -Your breach of these Terms; or
  • -Your violation of any law or the rights of a third party; or
  • -Your use of our Website

21.RELEASE

If you have a dispute with a Travel Service Provider, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.

22.YOUR PRIVACY

Smartflyfarez.com believes in protecting your privacy. Please click here for our current Privacy Policy (the "Privacy Policy") which also governs your use of our Website.

It contains information about how JustFly.com collects, uses, and discloses information through the Services

23. DISCLAIMERS

This Website and all its content are provided for your use on an "as is" and "where available" basis and at no charge.

We make, to the extent permitted by applicable law, no warranties, conditions or representations, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to our Website or any related materials, products, services, or information. Moreover, we do not warrant, represent or condition that the content of our Website is accurate, current or complete, or that it does not infringe on the rights of others.

We disclaim all implied warranties and representations to the maximum extent permitted by law, including, without limitation, implied warranties that the products and services offered, sold and provided through our Website will be of merchantable quality, are fit for any purpose or comply with the descriptions and samples displayed on our Website.

The air carriers and other Travel Service Providers providing travel or other services on our Website are independent contractors and not agents or employees of Smartflyfarez.com.

Smartflyfarez.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Travel Service Provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Smartflyfarez.com has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. Under no circumstances, including, but not limited to, negligence, shall we (including any of our officers, employees, agents, shareholders or other representatives), and/or our Travel Service Providers or distributors, 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 on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site.

In no event shall we, and/or our Travel Service Providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages.

In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. To the extent permitted by applicable law, any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Site shall be at your own risk.

We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting Bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.). Neither will we nor will any of our officers, employees, agents, shareholders or other representatives be liable in damages or otherwise to the maximum extent permitted by law in connection with your use of or inability to use or access our Website or your purchase and use of any products and services offered, promoted or sold on or through our Website.

This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect, special or consequential damages; loss of data, income or profit; loss of or damage to property; personal injury; and claims of third parties.

If any warranties implied by law cannot be excluded, then our liability for breach of such warranties is limited, to the extent permitted by applicable law, at our option, to:

  • -in the case of products: the replacement of the products or the supply of equivalent products; or the payment of the cost of replacing the products or acquiring equivalent products;
  • -in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

24. NOTICE OF INFRINGING MATERIAL

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice under the Digital Millennium Copyright Act (DMCA) including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for any alleged false claims of copyright infringement.

  • -A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • -A description of the copyrighted work that you claim has been infringed upon;
  • -A description of where the material that you claim is infringing is located on the Site;
  • -Your address, telephone number, and e-mail address;
  • -A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our DMCA Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows: legal@smartflyfarez.com We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

25. LINKING

We may link our Website to other websites on the Internet. We do this strictly for your convenience and reference as you explore different travel options online.

However, the inclusion of any such links does not indicate that we endorse the website or the business to which we have linked. Further, we have not verified the content of any website to which we have linked, and we bear no responsibility whatsoever for the content of any linked website. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Should you incur any loss or damage from visiting or doing business with any linked website or business, we are not liable for that loss or damage.

26. TERMINATION

We reserve the right to immediately terminate this Agreement as well as any other agreement between you and us if you breach any of these Terms and Conditions.

We further reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

27.OUR RELATIONSHIP

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship exists between you and us, nor is such a relationship created between you and us by these Terms and Conditions or by our Agreement with you.

28.NOTICE

If you have a complaint or other feedback about Smartflyfarez.com service, please contact us at 1-866-817-1851 where a customer service representative will promptly address your concern.