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Terms & Conditions

PLEASE READ THE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT PROCEED WITH UTILIZING THIS WEBSITE OR SMITH LUXURY ESCAPES SERVICES.

We are Smith Luxury Escapes and we look forward to the opportunity to act as your travel consultant for all your travel needs. Access to and use of the services of Smith Luxury Escapes (“Smith Luxury Escapes” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “Guest” and “you/your”) agree to be bound by these terms. No alterations to these terms and conditions may be made by any Smith Luxury Escape authorized representative or agent, unless in writing by an authorized officer of Smith Luxury Escapes.

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USE OF INFORMATION AND SERVICES

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Smith Luxury Escapes by any means, including our web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Smith Luxury Escapes communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Smith Luxury Escapes is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services and/or reservations and/or facilities provided by Smith Luxury Escapes shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.

Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Smith Luxury Escapes and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Smith Luxury Escapes debiting your account for any costs Smith Luxury Escapes incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Smith Luxury Escapes.

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BOKING WITH SMITH LUXURY ESCAPES

IDENTIFICATION: Guests are required to make reservations in the full name that is listed on his/her government document they will use for travel. If you need to make any changes to a name after travel documents have been issued, clients will be responsible for all name change fees, if applicable.

 

PAYMENTS: Our merchant account is with Square and Stripe. This will allow our clients to make payments with major credit cards. We do not accept checks or money orders. We also accept payments by phone with a major credit or debit card.

 

REFUNDS: All payments to Tiffany L. Smith d/b/a Smith Luxury Travel/Smith Luxury Escapes are non-refundable and non-transferable.

CHILDREN: All children under 18 must be accompanied by an adult. Minimum age for children on most tours is 6 months. If a person under the age of 18 years will be travelling with an adult other than his/her parents, or with only one parent, a notarized letter written by the parents, or non-travelling parent, granting authorization to travel, including the dates of travel should be carried.

 

HOTEL ACCOMMODATIONS: Please understand although we will make a bed type request on your behalf, bed types are subject to availability. Hotel check-in time is generally not before 3:00 p.m. and check-out time is prior to noon. Please be sure that adequate arrangements for accommodations have been taken into consideration when a late-night flight is being used. If a day room is included in the itinerary, check-out will normally be 6:00 p.m.

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SMITH LUXURY ESCAPES ESCORTED TOURS

 

Group Harmony: To ensure the desired group synergy, Smith Luxury Escapes reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to, individuals who are intoxicated and/or under the influence of drugs leading to a negative experience for the remainder of the group. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will necessarily be borne by the passenger. All unused services are non-refundable.

 

Voluntary Participation: I acknowledge that I have voluntarily applied to participate on the trip designated on this application (or a trip which I may change to) and that I have read the description of the trip as it appears in the current Smith Luxury Escapes website relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved.

 

Tipping: Complete tipping guidelines are as follows:

  • Drivers including private cars and motorcoach drivers: $5-$10 per person, per day

  • Tour Guides: $10-$20 per person, per day

 

Photographic Release: Smith Luxury Escapes may take photographs or video of its trips and trip participants grant Smith Luxury Escapes permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant.

TRAVEL PROTECTION

Unexpected events happen. Make sure you are prepared. We highly recommend Travel Protection that helps provide coverage for Trip Cancellation, Interruption, Baggage Loss or Delay, Medical Expenses and more. Insurance policies vary with differing exclusions (such as pre-existing conditions, work related issues, supplier bankruptcy, change of mind, etc.) Smith Luxury Escapes is not a seller of insurance and makes no recommendations in terms of the type or amount of coverage needed. When requested, information will be provided and it is the client’s responsibility to read and understand the coverage elected.

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DISCLAIMERS

 

RELEASE FROM LIABILITY: Smith Luxury Escapes, its shareholders, directors, officers, employees and affiliates, (collectively "Smith Luxury Escapes") does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Smith Luxury Escapes is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, Smith Luxury Escapes is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of Smith Luxury Escapes. In addition, I release Smith Luxury Escapes from its own negligence and assume all risk thereof.

 

ASSUMPTION OF RISK: I am aware that travel such as that I am undertaking involves hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Smith Luxury Escapes, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the trip. In order to partake of the enjoyment and excitement of this trip I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of Smith Luxury Escapes and agree to hold harmless and release Smith Luxury Escapes from claims of third party negligence.

I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in this tour or my safety in this activity, and I am willing to assume all risks that may be created, directly or indirectly, by any such condition. I hereby authorize Smith Luxury Escapes or my local groundhandler or others to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent.

 

BINDING ARBITRATION: I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Virginia law and will take place in Virginia Beach, VA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.

 

KNOWING AND VOLUNTARY EXECUTION: I have carefully read these Terms and Conditions and the booking information sections of this document, and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Smith Luxury Escapes and agree of my own free will. By signing, I agree to these Travel Terms & Conditions and Smith Luxury Escape/Smith Luxury Travel’s Release from Liability, Assumption of Risk and Binding Arbitration Clause for myself, each member of my traveling party and any minor children accompanying me.

 

USE OF WEB SITE: WWW.SMITHLUXURYESCAPES.COM

Agreement between Customer and Smith Luxury Escapes: www.smithluxuryescapes.com is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of www.smithluxuryescapes.com constitutes your agreement to all such terms, conditions, and notices.

 

Liability Disclaimer: The information, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically made to the information which appears here. The content of this site is not guaranteed to be complete, accurate, or available and may be changed at any time without notice. Smith Luxury Escapes may make improvements or changes on this web site at any time. In no event shall Smith Luxury Escapes be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising our of, or in any way connected with, the use of this web site, or for any information, products, and services obtained through this web site, or otherwise arising out of the use of this web site.

 

Changes to these Terms: Smith Luxury Escapes reserves the right at any time to modify, alter or update these Terms and the date of the most recent version will appear on this page. Although Smith Luxury Escapes will post a notice of any such changes, it is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Smith Luxury Escapes reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, for any reason whatsoever or for no reason.

(updated 4/25/2021)

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