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.
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.
The term 'Website' collectively refers to the official websites and mobile applications of smileytrips.com.
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.
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.
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
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.
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.
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.
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
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
Unless explicitly committed by smileytrips.com as part of any product or service:
smileytrips.com assumes no liability for the standard of services provided by the respective Service Providers.
smileytrips.com provides no guarantee regarding the quality or fitness of services as represented by Service Providers.
smileytrips.com doesn't guarantee the availability of any services as listed by a Service Provider.
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.
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.
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.
When using smileytrips.com, you, as the user, acknowledge and agree to the following responsibilities:
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.
Capacity and Compliance:
You assert that you are not under the age of 18 and, if a minor, you have obtained parental permission to use the site.
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.
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).
smileytrips.com, you affirm that you have read, understood, and agreed to abide
by these responsibilities. Your commitment to providing accurate information
experience. If you have any questions or concerns, please contact us for
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.
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.
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.
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.
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.
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.
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.
Requirements and Changes
A full and valid passport is essential for travel to destinations featured by smileytrips.com.
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.
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:
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 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.
Majeure Clause - Unforeseen
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.
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.
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.
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.
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 firstname.lastname@example.org, referencing the booking confirmation number provided by smileytrips.com.
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.
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.
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.
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.
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.
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.
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.
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 email@example.com, referencing your booking confirmation number.
If the reason for cancellation is covered under your insurance policy, you may be eligible to reclaim charges from your insurance company.
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.
Please be aware that any charges associated with amendments are non-refundable.
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.
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.
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).
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.