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This User Agreement, alongside the Terms of Service (collectively referred to as the "User Agreement"), outlines the terms and conditions governing the use of services and products provided by smileytrips.com, registered as Smiley Tour and Travels LLP.
Parties
to the Agreement
Any
individual ("User") making inquiries or purchasing products or
services from smileytrips.com through its various platforms, including
websites, mobile applications, salespersons, offices, call centers, branch
offices, franchisees, and agents (collectively referred to as "Sales
Channels"), agrees to be bound by this User Agreement. The terms 'User'
and smileytrips.com individually refer to the parties involved, collectively
referred to as the 'Parties' in this User Agreement.
Website
Usage
The term
'Website' collectively refers to the official websites and mobile applications
of smileytrips.com.
Terms of
Service
The
"Terms of Service," accessible on the smileytrips.com website,
elaborate on the terms and conditions applicable to various services or
products provided by smileytrips.com. Users must refer to the relevant Terms of
Service corresponding to the booked product or service, and such Terms of
Service are binding on the User.
User's
Acceptance
By
accessing the site, you affirm that you have read, understood, and agreed to be
bound by all the terms outlined in these Terms of Use. If you do not agree with
any part of these Terms of Use, you are expressly prohibited from using the
Site, and it is mandatory to discontinue use immediately.
Right to
Modify
smileytrips.com
reserves the right to alter, change, modify, add, or remove portions, either in
whole or in part, of these Terms at any time. Such changes become effective
upon posting on the Site. Notwithstanding anything to the contrary, it is your
responsibility to regularly review the Terms, including any amendments posted
on the Site. Continued use of the Site will be deemed as acceptance of the
amended Terms.
This User Agreement is designed to ensure clarity, transparency, and a fair understanding of the terms governing the use of smileytrips.com services. If you have any questions or concerns, please contact us through the provided channels. Your use of the Site signifies your agreement to abide by these terms and conditions.
Limited Liability Disclaimer
Unless explicitly acting as a reseller in specific scenarios, smileytrips.com operates
as a facilitator, connecting users ("User") with various service
providers, including airlines, hotels, bus operators, etc., collectively
referred to as "Service Providers." It's important to understand the
limitations of liability associated with smileytrips.com in these interactions.
Insurance
Unless explicitly stated otherwise by smileytrips.com in a specific service or
deliverable, the responsibility of obtaining sufficient insurance coverage lies
with the User. smileytrips.com shall not accept any claims arising out of
scenarios where the User has not obtained adequate insurance coverage.
Use of Personal Information
To process your booking and fulfil your travel needs, we are required to share
your personal details with the relevant suppliers of your travel arrangements.
Additionally, we may retain your information, including email addresses, for
our own and Smileytrips.com future marketing endeavours. This may include
informing you about promotional offers, competitions, or sending you our
brochure. If you prefer not to receive such communications in the future, you
have the option to modify your communication preferences on the website.
Eligibility and Use of Website
Before
accessing or utilizing any services provided by smileytrips.com – Regd as Smiley Tour and Travels LLP, users must adhere to the eligibility criteria and conditions
outlined in this agreement. By using the Website (collectively referred to as
"Services"), you agree to comply with all the Terms of Use detailed
herein. Please read this document carefully before proceeding.
Age and
Legal Authority
By
accessing the Website, you affirm that you are at least 18 years old and
possess the legal authority to enter into this agreement and use the Services
in accordance with all Terms of Use. If you are making travel reservations or
bookings on behalf of another person, you are responsible for informing them
about the applicable Terms & Conditions, including rules and restrictions,
and ensuring their compliance.
Financial Responsibility
You agree
to be financially responsible for all your activities on the Website, including
the use of your account by others. You are also accountable for any bookings
and travel reservations made by individuals under your direction or control.
Accurate
Information
You warrant
that all information provided by you, on your behalf, or by members of your
household while using the Website is true, current, complete, and accurate.
Additionally, you confirm that the traveler for whom the booking is made is not
an unaccompanied minor.
Minors
and Legal Contracting Age
If you are
a minor or below the age of 18, you are prohibited from registering as a User
of the Website and conducting transactions. If, as a minor, you wish to use or
transact on the Website, it must be done by a person of legal contracting age,
such as a legal guardian or parent. smileytrips.com reserves the right to
terminate your membership and/or block access to the Website if it is
discovered that you are a minor or incompetent to contract, or if any
age-related information provided during account creation is false.
Acceptance of User Agreement
Before
using the Website, approaching any Sales Channels, or procuring services from smileytrips.com,
users must read and understand this User Agreement. By doing so, users are
deemed to have accepted this User Agreement as a binding document governing
their dealings and transactions with smileytrips.com. Failure to agree with any
part of this Agreement means users must not avail smileytrips.com services or
access Sales Channels.
Scope of
User Agreement
All rights
and liabilities of the User and smileytrips.com, concerning any services or
products facilitated by smileytrips.com, are confined to the scope of this User
Agreement.
By
accessing the Website or utilizing smileytrips.com services, users acknowledge
and agree to abide by these terms and conditions. If any part of this Agreement
is unacceptable, users must refrain from using the Services and approaching smileytrips.com
Sales Channels.
Before you
explore our offerings, please familiarize yourself with the terms and
conditions governing the use of our Website. By accessing the Website, you
agree to adhere to these guidelines:
Intellectual Property
All
trademarks, copyrights, service marks, logos, brands, and other intellectual
and proprietary rights associated with the services and displayed on/accessed
on the Website are the property of smileytrips.com or are licensed to us. Use
of the Website is governed by copyright, trademark, patent, and trade secret
laws. While you may make limited copies of your travel itinerary, you agree not
to modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works, transfer, or sell any information, software,
products, or services obtained from or through this Website.
Prohibited Activities
Users are
prohibited from engaging in certain activities, including making speculative,
false, or fraudulent reservations, using automated means to access content,
violating robot exclusion headers, deciphering software, attempting
unauthorized access, manipulating identifiers, and causing damage to the Site
or smileytrips.com.
Limited
License
Users are
granted a limited, non-exclusive, non-transferable right to use the Website as
permitted by this User Agreement. Interruption or attempts to interrupt the
Website's operation are strictly prohibited.
Registration and Information
Access to
certain features may require user registration. Users must provide accurate
information during registration and warrant the truthfulness of all supplied
information.
Termination of Access
smileytrips.com
reserves the right to terminate access to the Website or any portion thereof,
without notice, for general maintenance or any other reason.
Virus
Disclaimer
While smileytrips.com
strives to ensure a virus-free environment, users download data at their own
discretion and risk. smileytrips.com is not responsible for any damage to
computer systems or loss of data resulting from downloaded information.
Lawful
Use
The Website
is intended for lawful use by bonafide users. Users shall not distribute,
exchange, modify, sell, or transmit anything from the Website for any business,
commercial, or public purpose.
Limited
Liability
smileytrips.com
is not liable for any fraudulent activities. We reserve the right to cancel
reservations and close accounts associated with fraudulent or suspicious
activities. Users engaged in fraudulent activities may be held liable for
monetary losses, including litigation costs and damages.
Content
Availability
smileytrips.com
makes best endeavours to ensure content is free of viruses. However, users
download content at their own risk and are solely responsible for any resulting
damage or data loss.
By using the Website, you agree to these terms and conditions. If you do not agree with any part of this Agreement, please refrain from using the Website. Happy travels with smileytrips.com.
Booking by
Travel Agents
To maintain
the integrity of our services and ensure a seamless experience for all users, smileytrips.com
has established guidelines for travel agents, tour operators, consolidators,
and aggregators ("Travel Agents") intending to use our Website for
commercial or resale purposes. Please read the following terms:
Restrictions on Commercial Use
Except with
prior registration with smileytrips.com as B2B agents and franchisees, and
explicit permission from smileytrips.com to use the Website, Travel Agents are
prohibited from utilizing this platform for any commercial or resale purpose.
Booking
Detection and Actions
If smileytrips.com
identifies bookings made by Travel Agents without proper registration and
permission, we reserve the right to take immediate action, including cancelling
such bookings without prior notice. Additionally, we may withhold payments or
any refunds associated with these bookings.
Liability Disclaimer
smileytrips.com
shall not be held liable for any incidental loss or damage that may arise from
bookings made by any person through unauthorized Travel Agents. In case of
cancellations due to unauthorized bookings, the liability will be solely borne
by the Travel Agents responsible.
Compliance Requirements
Travel
Agents are urged to adhere to the registration process for B2B agents and
franchisees and seek explicit permission from smileytrips.com before using the
Website for commercial purposes. Failure to comply may result in the
aforementioned actions.
smileytrips.com values transparency and fairness in its operations. We appreciate the cooperation of all Travel Agents in abiding by these guidelines to ensure the smooth functioning of our services. If you have any questions or require further clarification, please contact us for assistance. Thank you for your understanding and collaboration
Facilitator
Role
smileytrips.com
primary role is that of a facilitator, providing users with confirmed bookings
as selected by the User. Any issues or concerns arising during the utilization
of services will be the sole responsibility of the respective Service Provider.
smileytrips.com disclaims any liability for the acts, omissions, errors,
representations, warranties, breaches, or negligence on the part of any Service
Provider.
Limited
Liability Commitments
Unless
explicitly committed by smileytrips.com as part of any product or service:
Service
Standards
smileytrips.com
assumes no liability for the standard of services provided by the respective
Service Providers.
Quality or
Fitness Guarantee
smileytrips.com
provides no guarantee regarding the quality or fitness of services as
represented by Service Providers.
Availability
Assurance
smileytrips.com
doesn't guarantee the availability of any services as listed by a Service
Provider.
Technology
Platform Disclaimer
By making a
booking, the User acknowledges that smileytrips.com provides a technology
platform for booking services and products. The ultimate liability for the
provision of services rests with the respective Service Provider. The
contractual agreement for services is between the User and the Service
Provider.
Information
Accuracy
The User
understands that the information displayed on the Website regarding any service
is furnished by the Service Provider. smileytrips.com cannot be held liable if
the information provided by the Service Provider is found to be inaccurate,
inadequate, obsolete, or in contravention of any laws, rules, regulations, or
directions in force.
Conclusion
While smileytrips.com
strives to facilitate a seamless booking experience, users must recognize the
distinct roles of smileytrips.com and Service Providers. smileytrips.com liability
is limited to providing confirmed bookings, and any issues with the actual
services fall within the purview of the respective Service Providers. Users are
encouraged to review and understand the terms and conditions provided by
Service Providers before making any bookings.
User's
Responsibility
When using
smileytrips.com, you, as the user, acknowledge and agree to the following
responsibilities:
1. Truthful
and Accurate Information:
All
registration information you submit must be true, accurate, current, and
complete.
You commit
to maintaining the accuracy of your information and promptly updating it as
necessary.
2. Legal
Capacity and Compliance:
You confirm
that you have the legal capacity to use the site and agree to comply with the
Terms of Use.
You assert
that you are not under the age of 18 and, if a minor, you have obtained
parental permission to use the site.
3.
Prohibited Activities:
You agree
not to access the site through automated or non-human means, including bots,
scripts, or any other method.
The site
must not be used for any illegal or unauthorized purpose.
Your use of
the site will not violate any applicable law or regulation.
4. Account
Suspension or Termination:
If any
information provided by you is found to be untrue, inaccurate, not current, or
incomplete, smileytrips.com reserves the right to suspend or terminate your
account.
smileytrips.com
retains the discretion to refuse any and all current or future use of the Site
(or any portion thereof).
By using
smileytrips.com, you affirm that you have read, understood, and agreed to abide
by these responsibilities. Your commitment to providing accurate information
and complying with the Terms of Use ensures a secure and transparent user
experience. If you have any questions or concerns, please contact us for
assistance.
Third-Party
Insurance Terms
If
insurance is provided as part of the service or product by smileytrips.com, it
will be subject to the terms and conditions set forth by the third-party
insurance company. smileytrips.com functions as a facilitator, connecting the
User with the insurance company.
User's
Direct Interaction
The User is
responsible for directly contacting the insurance company for any claims or
disputes. smileytrips.com will not be involved in the resolution process and
shall not be held liable for any issues that may arise during the claims
process.
Partial
Acceptance or Denial
In the
event of partial acceptance or denial of claims by the insurance company, smileytrips.com
shall not be held liable. The User understands and agrees that any disputes or
discrepancies in the claims process must be addressed directly with the
insurance company.
Conclusion
It is
imperative for Users to review and understand the terms and conditions of any
insurance coverage provided by smileytrips.com or obtained independently. smileytrips.com
strives to act as a transparent facilitator, and any matters related to
insurance claims should be resolved directly between the User and the insurance
company.
For a secure and well-informed travel experience, it is recommended that Users thoroughly familiarize themselves with the insurance coverage associated with their bookings and seek additional coverage as needed.
The User is
obligated to pay Tax collected at source (TCS) on the booking of an ‘Overseas
tour package’ at the prescribed rate, in accordance with Section 206C (1G)(b)
of the Income Tax Act, 1961. smileytrips.com will collect and deposit the TCS
amount with the Government, issuing the necessary document/certificate to the
User in compliance with the mentioned provision.
PAN
Verification
The User
must provide a valid PAN (Permanent Account Number) at the time of booking an
overseas tour package with smileytrips.com.
smileytrips.com,
during or after the booking process, will validate the provided PAN to ensure
compliance with the provisions of Section 206CC of the Income Tax Act.
In the
event of an invalid PAN or if it does not belong to the User/traveler(s), smileytrips.com
is obligated to cancel the booking in accordance with the law and process
refunds as per the applicable cancellation policy.
TCS Rate
Validation
smileytrips.com,
during or after booking, will validate the User/traveler(s) PAN in line with
the provisions of Section 206CCA of the Income Tax Act.
If the User
qualifies as a ‘Specified person,’ the User agrees to pay TCS to smileytrips.com
at the higher rate as applicable under section 206CCA.
The User
commits to paying any additional TCS amount to smileytrips.com if, on
validation under section 206CCA, the TCS collected initially falls short of the
applicable rate.
Failure or
disagreement to pay the additional TCS grants smileytrips.com the right to
cancel the booking and process a refund according to the cancellation policy in
force.
Travel and
Health Document Responsibility
It is your
sole responsibility to ensure that you possess all necessary travel and health
documents before departing on your journey. For the destinations featured by smileytrips.com,
including children, a full and valid passport is mandatory. Additionally, visas
may be required for overseas destinations.
Document
Requirements and Changes
Passport
Requirement
A full and
valid passport is essential for travel to destinations featured by smileytrips.com.
Visa
Requirement:
Visas may
be required for overseas destinations, and it is your responsibility to check
and fulfill these requirements.
Document
requirements are subject to change, and you must stay informed of the
up-to-date position well in advance of your departure.
smileytrips.com
Visa Assistance
By availing
our services, you acknowledge and agree that smileytrips.com can assist you in
applying for the required visa(s). However, it's important to note the
following:
Limited
Role
smileytrips.com
is only involved in helping you apply for the visa(s).
We are not
responsible for any issues that may occur during the visa application process,
including but not limited to delays, clarifications, or rejections by the
embassy.
External
Factors
External
factors such as embassy procedures, document verification, and processing times
are beyond our control.
smileytrips.com
does not have the authority to influence the outcome of visa applications or
decisions made by embassies or relevant authorities.
Force
Majeure Clause - Unforeseen
Circumstances
In
exceptional circumstances beyond the control of smileytrips.com and/or the
Service Providers, confirmed bookings may be unable to be honoured. Such
circumstances may include but are not limited to acts of God, labour unrest,
insolvency, pandemics, epidemics, government decisions, terrorist activity,
operational and technical issues, route and flight cancellations, and any other
reasons deemed force majeure.
smileytrips.com
Efforts
If smileytrips.com
anticipates such situations that may lead to dishonour of bookings, best
efforts will be made to provide similar alternatives or refund the booking
amount after deducting applicable service charges, if supported and refunded by
the respective service operators.
smileytrips.com,
as a facilitator, cannot be held responsible for any Force Majeure circumstance
and the User is required to contact the Service Provider directly for
resolutions and refunds.
Technical
Failures and Non-Confirmation
In the
event of non-confirmation of a booking due to technical reasons (such as
network downtime, disconnection with third-party platforms like payment
gateways, banks, etc.), smileytrips.com obligation is limited to refunding the
booking amount received from the customer.
Such refund
completely discharges smileytrips.com from all liabilities related to that
transaction. Any additional liabilities are to be borne by the User.
Limitation
of Liability
smileytrips.com
shall not be liable for any direct, indirect, punitive, incidental, special, or
consequential damages arising out of or connected with the use or performance
of the Website or any other Sales Channel.
This
includes damages for loss of use, data, or profits, regardless of the nature of
the claim, be it in contract, tort, or any other legal theory.
Change
Requests for booking
After the
issuance of our confirmation invoice, if you wish to change your travel
arrangements, please submit your request via email to contact@smileytrips.com,
referencing the booking confirmation number provided by smileytrips.com.
Change
Feasibility
We will
make every effort to accommodate your requested changes, but please be aware
that changes may not always be possible, and their feasibility depends on
various factors, including availability and timing.
Cost
Implications
Costs
associated with requested changes may increase as the departure date
approaches. Please note that any additional costs incurred due to changes will
be borne by the traveller.
Change
Limitations
Only one
change of departure date per booking is permitted. Any change in departure date
will be considered a cancellation, and full cancellation charges will apply.
Cancellation
Charges
If a change
in departure date is requested, it will be treated as a cancellation, and
cancellation charges will be levied. The charges will be based on our
cancellation policy, and the traveller will be notified accordingly.
Amendment
Restrictions
Certain
travel arrangements may not be amended after confirmation. Attempting to alter
such arrangements could result in a cancellation charge of up to 100% of the
affected part of the arrangements.
Financial
Implications
Please be
aware that in some cases, changes may require payment for cancelled
arrangements and the purchase of new ones at full cost. The financial
implications of changes will be communicated to you prior to implementation.
Cancellation
and Rebooking
In
instances where changes are not feasible or come with significant costs, it may
be necessary to cancel the existing arrangements and rebook new ones. The traveller
will be responsible for any applicable cancellation charges and additional
expenses.
If you
cancel your Booking
You, or any
member of your party, have the option to cancel your travel arrangements at any
time. Provide written notification by email to contact@smileytrips.com,
referencing your booking confirmation number.
Insurance
Coverage
If the
reason for cancellation is covered under your insurance policy, you may be
eligible to reclaim charges from your insurance company.
Cancellation
Charges
Our
cancellation charges are calculated as a percentage of the total holiday cost.
The applicable charges depend on the number of days before your departure that
we receive your cancellation notice, not when the correspondence was sent.
Amendment
Charges
Please be
aware that any charges associated with amendments are non-refundable.
Partial
Cancellations
If only
some members of your party cancel, in addition to incurring the relevant
cancellation charges, the holiday cost for the remaining travellers will be
recalculated. Extra charges, such as single room supplements, may apply.
Supplier
Cancellation Charges
In cases
where cancellation charges from our suppliers exceed the cost of the deposit,
we may pass on these charges to you. For detailed information, please request
full details, and we will inform you of the specific charges applicable to your
booking.
We reserve the right to make changes and corrections to holiday details both before and after bookings are confirmed. This is essential as our Tour Operators plan arrangements well in advance.
Major
Changes or Cancellation
While most
changes are minor, in the event of a Major Change or cancellation, we will
inform you promptly. If time allows before departure, you will be presented
with the following options:
Accepting the changed arrangements, or Purchasing alternative arrangements from us of a similar standard to the original booking (with a refund if the alternative is less expensive, or payment of the difference if more expensive).
Refund
Process
Refunds,
once initiated, typically take 4-7 working days but may take up to 21 working
days to reflect in your accounts.
Refunds
will be initiated ONLY to the original mode of payment. If not possible, it may
be processed to the buyer's banking account, subject to verification (KYC) and
proof of ownership, taking 7-15 working days.
These terms and conditions are subject to change, and it is the traveller’s responsibility to stay informed of any updates. Your continued use of our services implies your acceptance of the most recent terms and conditions.