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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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SELLER OF TRAVEL
Smith Luxury Escapes is an independent affiliate of Cruise and Tours Unlimited which is registered as Florida Seller of Travel Ref. No. ST15578, California Seller of Travel No. 2090937-50, Washington UBID No. 603189022, Iowa Registered Agency # 1202. We are also an independent affiliate of Travel Planners International which is registered as a Florida Seller of Travel No. ST17873, California Seller of Travel No. 2063964-50, Washington UBID 602232785.
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PAYMENTS & CANCELLATION
Price Quotes: Price quotes for travel are not guaranteed until reservations are confirmed with full passenger names and deposit payment. All prices are subject to change without notice and are subject to availability. Unless otherwise noted, price quotes typically do not include airfare, baggage fees, gratuities, meals, telephone calls, resort fees, incidental items, souvenirs, airport transfers or travel insurance.
Deposit: A deposit is due at the time of reservation. All deposits are non-refundable and non-transferrable. All reservations (except where specified) will require a deposit and will be clearly noted the amount due and monthly payment plan.
Travel Agent Fee: Fees for itinerary planning and services provided by Smith Luxury Escapes are in addition to any deposit required by the vendor. These fees are non-refundable and non-transferable and paid directly to Smith Luxury Escapes.
Plan to Go Fee: Smith Luxury Escapes may elect to require a “Plan-to-go-Fee” to begin putting together your itinerary. This fee of $250 is non-refundable and non-transferrable. Your Planning Fee will include three (3) itinerary options with one free revision. Additional quotes/revisions are subject to an additional $25 non-refundable revision fee.
When you make your final decision, your Plan-to-go-fee will be applied to the final balance of your package. In the event you do not book with us or your later cancel your package, the total amount of the Plan-to-go-fee will be kept as payment for services rendered. The Plan-to-go-fee is subject to change based on complexity of your itinerary and at Smith Luxury Escapes’ discretion.
Late Payment: Reservations are subject to cancellation for late or non-payment.
Refunds: Vendor policies dictate refunds for amounts paid to them. The individual vendor’s Terms of Service will be provided to you upon confirmation of your reservation. You acknowledge you are responsible for reviewing and understanding the vendor’s terms.
Cancellation: Once reservations have been confirmed, cancellations will only be accepted in writing. Email your cancellation request to info@smithluxuryescapes.com with your full name and date of travel. If you do not receive an acknowledgement within 48 hours, please call (619) 631-8527 to ensure your information was received. Smith Luxury Escapes’ requires a $50 per person cancellation fee to process your cancellation. This must be paid prior to initiating cancellation with the third party Vendor. Vendor cancellation fees are in addition to the fee charged by Smith Luxury Escapes and are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact Smith Luxury Escapes. Cancellation fees will be charged to the credit card you authorized to pay for travel services.
Reservation Changes: Changes to an existing reservation, whatever the cause, will incur a $25 per person charge plus any additional supplier fees. This includes name changes* and removal of any services such as optional tours and transfers. *Please note that name changes to airline reservations may require full cancellation and rebooking. Replacing a traveling passenger with another traveling passenger constitutes a cancellation, subject to cancellation penalties, and is not covered by this Reservation Changes policy. Due to Vendor(s) policy(ies), certain booking may not be changed. Changes or additions after departure are subject to local rates at the time of amendment and must be paid directly by the passenger to the service provider. There are no refunds for unused services. Changes will not be processed until the $25 administrative charge has been paid.
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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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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.
PASSPORTS AND VISAS: Passengers are responsible for ensuring that they have the proper travel documents and MUST CHECK with the respective consulate(s) or visa agency to determine whether any visas or passports are required. Passports are required to be valid for at least 6 months after the date of travel. Some countries require a full blank “VISA” page in the passport for stamping purposes. Any information provided on travel description pertains to US citizens only. Non-US citizens should check with the respective consulate of the country(s) to be visited for current entry requirements. We strongly suggest all cruise passengers to have a valid passport in their possession while cruising.
CHILDREN: All children under 18 must be accompanied by an adult. Minimum age for children on most tours is 6 months. Minimum age for South Africa and Dubai Tours is 12. Minimum age for European Tour programs is 12. Minimum age for cruise tours is 6 months old and child must sail in a cabin with an adult over age of 25 years of age. Discounts for children sharing a room as third person may apply to children under 12 at some resorts on Caribbean and Mexico Tours. Accompanying adults are responsible for the safety of their children including providing any necessary safety equipment (such as infant/child seats) where appropriate. Please note that many countries have adopted practices to prevent international abductions of children. 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.
ENTRY AND EXIT REQUIREMENTS: Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (Details can be found at http://travel.state.gov/travel /cis_pa_tw/cis/cis_4965.html.) Smith Luxury Escapes respects the privacy of all clients, and feel it is an invasion of privacy for any member of our staff to make such an inquiry.
TRAVEL DOCUMENTS: Provided full payment is received no later than your Final Payment Due date, travel documents and travel instructions will be sent via email about a week prior to departure. Request for paper documents must be made at least 10 days prior to your vacation departure. A fee of $10.95 will apply. If expedited service is required, a fee of $28 will apply.
PRICES: All prices listed are subject to change without notice base on vendors pricing at the time of booking. Prices are correct at time of publication; however, as airfares continually fluctuate and classes of service may have limited capacity, tour package prices and availability will change accordingly. In case of human or computer error, Tiffany L. Smith, d/b/a Smith Luxury Travel/Smith Luxury Escapes reserves the right to re-invoice for the correct price or service.
AIRLINES: Smith Luxury Escapes is not responsible for the services and policies imposed by the airlines. Airline schedules and flights are subject to change without notice. Smith Luxury Escapes/ is not responsible for penalties incurred for tickets, international or domestic, not issued by Smith Luxury Escapes due to schedule and/or flight changes. Airline reservations completed online are subject to review and, should Smith Luxury Escapes deem it necessary, may be rebooked to match minimum connecting time requirements and/or tour package itineraries, in which case you will be notified immediately. Airlines reserve the right to demand immediate issuance of tickets whenever they determine that specific flights are heavily booked even when normal ticketing rules do not require tickets to be issued until a later date. In this instance, Smith Luxury Escapes will require immediate and full payment of the airfare. This situation overrides invoice terms and conditions and payment due dates. If full payment is not received, seats will be cancelled by the airline and may not be available to be rebooked on the same flights or at the same airfare. Any replacement air arrangements and airfare will be the sole responsibility of the passenger.
Airline Tickets: Once full payment is received; Smith Luxury Escapes airline tickets will be issued and are fully non-refundable. Should airline tickets require to be issued earlier than the Final Payment due date, you may be required to pay a larger non-refundable deposit and/or complete full payment.
Airline Seat Assignments: The airlines bear sole authority of assigning seats on group flights. All Smith Luxury Escapes airline contracts are for economy class seats only. If you require another class of service, you may must request so prior to making your deposit.
Airline Name Changes: Any name change including minor spelling corrections may require airline reservations to be canceled and rebooked. Reservations are subject to current availability and pricing at the time of rebooking. Once airline tickets are issued, subsequent name corrections will be subject to an airline rebooking fee which may be as much as the full value of the airline ticket plus a $50 revision fee per change. Smith Luxury Escapes will not be held responsible for the denial of services by a carrier due to any name discrepancy. Name changes must be advised in writing at info@smithluxuryescapes.com.
Schedule Changes: In the event of an airline schedule change, Smith Luxury Escapes will make every effort to inform passengers of the schedule change and new flight schedule prior to departure. Smith Luxury Escapes is not responsible for schedule changes including, when applicable, changes in routing and/or the number of stops in the itinerary. Smith Luxury Escapes is unable to provide compensation for schedule changes, seat assignment modifications, or cancellations implemented by an airline. In the event of any change in flight itinerary made directly between passengers and their airline, it is the passengers' responsibility to advise Smith Luxury Escapes of amended flight details in writing at info@smithluxuryescapes.com. Smith Luxury Escapes cannot be held responsible for land services, including arrival and/or departure transfers, if flights are changed without its knowledge.
Luggage (Airlines): Checked bags are typically limited to a total dimension of 62 inches by adding length + width + height (example: 26"+26"+10" = 62”), and a maximum weight of 50 lbs (23kg). Many airlines apply charges for checked bags. Smith Luxury Escapes is not responsible for checked bag fees, excess luggage or weight charges levied by an airline. If your luggage is lost or damaged by the airlines, a baggage claim form MUST be filed with the carrier before leaving the airport. We recommend that you use brightly colored luggage tags, straps or other identifiers to help you locate your luggage upon arrival or to describe it if it is lost.
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.
CRUISES:
Ship & Itinerary Changes: Cruise itineraries and ships are subject to change without notice. Furthermore, cruise ships may be chartered and/or departure dates canceled, in which case all monies will be refunded. Smith Luxury Escapes takes no responsibility for ship substitutions or itinerary changes imposed by a cruise line and is not responsible for any losses you may incur including the issuance and/or cancellation of airline tickets or visa fees.
Medical Services: Many ships do not carry a doctor or nurse onboard. Should medical attention be required, local services will be contacted. Resulting charges will be the responsibility of the passenger. Smith Luxury Escapes and the cruise ship operator are not responsible for the services provided.
Health Requirements: Check with your healthcare provider for up-to-date requirements. You may also check the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (http://www.who.int/en/) for their recommendations. Required inoculations, if any, must be recorded by clients' health practitioner on a valid vaccination certificate which the client must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs. Any person who arrives to the destination ill with apparent fever or becomes ill during the tour, will be removed from the group and directed to a local medical facility for diagnosis. Only upon clearance by an accredited medical facility will that individual be allowed to resume group travel. All costs associated with medical treatment and related expenses such as additional hotel nights or transportation not included in the original itinerary, will necessarily be borne by the passenger. Please note that some countries may require aircraft cabin insecticide treatment for in-bound foreign flights.
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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:
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Drivers including private cars and motorcoach drivers: $5-$10 per person, per day
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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.
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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)