See The World

TRAVEL SMARTLY

TERMS AND CONDITIONS OF USE 

​This agreement ("user agreement") incorporates the terms and conditions for JMK SOLUTION and its affiliate Companies travelsmartly.co to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of TRAVEL SMARTLY by using TRAVEL SMARTLY's websites or using any other customer interface channels of TRAVEL SMARTLY which includes its sales persons, offices, call centers, advertisements, information campaigns etc.

Both User and TRAVEL SMARTLY are individually referred as 'party' to the agreement and collective referred to as 'parties'.

 

The Users availing services from TRAVEL SMARTLY shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by TRAVEL SMARTLY for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or TRAVEL SMARTLY with respect to any services to be provided by TRAVEL SMARTLY shall be restricted to the scope of this agreement.

TRAVEL SMARTLY reserves the right, in its sole discretion, to terminate the access to any or all TRAVEL SMARTLY websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

Certain products or services (e.g. hotel reservations) may be provided by third party suppliers. In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by TRAVEL SMARTLY like the air tickets, MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by TRAVEL SMARTLY which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

TRAVEL SMARTLY's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail TRAVEL SMARTLY's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other TRAVEL SMARTLY document, then these terms shall control.

 

TRAVEL SMARTLY reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. TRAVEL SMARTLY further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by TRAVEL SMARTLY for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Travel Smartly is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request Travel Smartly for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and Travel Smartly as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or 'no show' air or hotel booking shall be deemed to have been forfeited.

TRAVEL SMARTLY reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. TRAVEL SMARTLY further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by TRAVEL SMARTLY for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Travel Smartly is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request Travel Smartly for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and Travel Smartly as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or 'no show' air or hotel booking shall be deemed to have been forfeited.

Cancellation Policy

The Customer agree that the booking made are subject to the cancellation policy set out on the booking page or as communicated to the customers in writing.

 

Unless explicitly provided by TRAVEL SMARTLY in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and TRAVEL SMARTLY doesn't accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by TRAVEL SMARTLY shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and TRAVEL SMARTLY shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.



The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If TRAVEL SMARTLY is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that TRAVEL SMARTLY being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in TRAVEL SMARTLY, services committed earlier may not be provided or may involve substantial modification. In such cases, TRAVEL SMARTLY shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of TRAVEL SMARTLY against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

TRAVEL SMARTLY shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of TRAVEL SMARTLY arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by TRAVEL SMARTLY for its services.

In no event shall TRAVEL SMARTLY and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TRAVEL SMARTLY website(s) or any other channel . Neither shall TRAVEL SMARTLY be responsible for the delay or inability to use the TRAVEL SMARTLY websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TRAVEL SMARTLY website(s), or otherwise arising out of the use of the TRAVEL SMARTLY website(s), whether based on contract, tort, negligence, strict liability or otherwise.

TRAVEL SMARTLY is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

 

The travel bookings done by TRAVEL SMARTLY are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. TRAVEL SMARTLY is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

 

Unless otherwise specified, the TRAVEL SMARTLY services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TRAVEL SMARTLY website(s) without the express written approval from TRAVEL SMARTLY.

 

The User agrees to indemnify, defend and hold harmless TRAVEL SMARTLY and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TRAVEL SMARTLY and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and TRAVEL SMARTLY cannot be held responsible for the same.

 

The User expressly undertakes to provide to TRAVEL SMARTLY only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from TRAVEL SMARTLY.

In case TRAVEL SMARTLY discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, TRAVEL SMARTLY in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, TRAVEL SMARTLY shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

The User unequivocally indemnifies TRAVEL SMARTLY of any such claim or liability and shall not hold TRAVEL SMARTLY responsible for any loss or damage arising out of measures taken by TRAVEL SMARTLY for safeguarding its own interest and that of its genuine customers. This would also include TRAVEL SMARTLY denying/cancelling any bookings on account of suspected fraud transactions.

 

TRAVEL SMARTLY reserves the right to change the terms, conditions, and notices under which the TRAVEL SMARTLY websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

 TRAVEL SMARTLY hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. TRAVEL SMARTLY considers itself and intends to be subject to the jurisdiction only of the courts of Najibabad,  UP, India.