PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCOMMODATION BOOKING.
Your use of Smart Business Travel is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using Smart Business Travel , you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use Smart Business Travel.
Smart Business Travel may at any time modify this User Agreement and your continued use of Smart Business Travel will be conditioned upon the terms and conditions in force at the time of your use.
AGE AND RESPONSIBILITY
you represent that you are of sufficient legal age to use Smart Business Travel and to create binding legal obligations for any liability you may incur as a result of the use of this accommodation service. If you use this site, you are responsible for maintaining the confidentiality of your account information. You agree to accept responsibility for all activities that occur under your account. You also agree that you are the responsible party or authorized to use such accommodation services for your company.
OWNERSHIP
Smart Business Travel , and each of its modules, together with the arrangement and compilation of the content found in this User Agreement, is the property of Smart Business Travel (together with its corporate affiliates, “SBT “) and/or its third party suppliers and content providers (“Third Party Suppliers”).
USE OF Smart Business Travel
You may only use Smart Business Travel to make legitimate reservations or purchases and shall not use Smart Business Travel for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
In its sole discretion, in addition to any other rights or remedies available to Smart Business Travel and without any liability whatsoever, Smart Business Travel at any time and without notice may terminate or restrict your access to accommodation services.
You acknowledge that Smart Business Travel arranges certain pre-paid room rates with Third Party Suppliers to facilitate the booking of reservations on your behalf. Rates are a combination of the pre-negotiated room rate for accommodation’s reserved on your behalf by Smart Business Travel and the facilitation fee accrued by Smart Business Travel to compensate us for our services. You approve Smart Business Travel to book accommodations for your negotiated pre-paid reservation price.
Smart Business Travel will process the agreed upon room rate, tax recovery charges, costs, and SBT service fees. You agree that the listed credit card will be charged by SBT for the entire accommodation price. Once your reservation request is submitted, Smart Business Travel authorized to secure hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
Smart Business Travel does not collect taxes for remittance to applicable taxing authorities. Tax recovery charges for prepaid hotel accommodations are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that is paid by Smart Business Travel to Third Party Suppliers used for your hotel accommodations. Third Party Suppliers provide Smart Business Travel invoices for tax amounts. Third Party Suppliers remit applicable taxes to the applicable taxing jurisdictions. Smart Business Travel is not a co-vendor with the Third Party Suppliers with which travel arrangements and/or accommodations are made for our customers. Tax-ability and the appropriate tax percentage vary by location. Actual tax amounts paid by Smart Business Travel to Third Party Suppliers may vary from the tax recovery charge amounts, depending upon the rates, tax-ability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in providing your travel accommodations. Service fees may vary based on the amount and type of hotel
AMENDMENT POLICY
Customers are allowed to make changes to reservations without penalty or fee. In the experience of Smart Business Travel there are many cases that a customer may have to change a date, name, or even cancel part of the accommodation. Because of this we allow our customers to make changes without added pressure and to be sure that we can meet their accommodation needs. The changing of dates to the accommodation may result in an average price per night change. However some Third Party Suppliers do charge an additional fee. Also, some customers have made amendments that are deemed excessive and constitute an abuse of customer service. Smart Business Travel the right to apply the following penalties, if the need does arise. If a reservation exceeds 3 rooms and then more than 45% of the reservation is amended, the penalty of $50 per amendment may apply. Due to this, we request that you finalize your rooming list 30 days prior to the earliest date of the first check-in. Should the need arise to change or cancel more than 45% of your original accommodation, you agree to pay a penalty of no less than 1 night per room and other penalties the Third Party Supplier may impose. Smart Business Travel the right to waive this amendment policy at any time and acknowledges that this policy is in place for customers that abuse our customer service and is not in place for customers that work in the normal pattern of business travel.
CURRENCY CONVERSION
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The information supplied by this application is believed to be accurate, but Smart Business Travel and/or its Third Party Suppliers do not warrant or guarantee such accuracy. All monies will be billed in US Dollars and are exclusive of any VAT, taxes, hotel surcharges, and other applicable service fees. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
EXCLUSION OF WARRANTIES
Neither Smart Business Travel nor any of its third party suppliers make any warranty of any kind regarding any accommodation provided. All of which are provided on an “As is” basis. Accommodation is provided solely as a convenience to you and not as an endorsement by smart business travel or its third party suppliers of the goods or services provided thereon. Smart Business Travel nor any third party supplier shall be responsible for use of such goods or services, you do so at your own risk. By marketing travel to international destinations, smart business travel does not represent or warrant that travel to such destinations is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations. Smart business travel reserves the right to correct any pricing errors (including, without limitation, typographical, incorrect third party supplier information, and currency conversion miscalculations) and/or to change or cancel pending reservations made under an incorrect price. This right applies whether or not the order has been confirmed and/or your credit card charged. In the event of a correction to a pending reservation, as your sole and exclusive remedy we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.
INDEMNIFICATION
You shall defend and indemnify Smart Business Travel and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your breach of this User Agreement or the documents referenced. Your Violation of any law or the right to Third Party Suppliers. It is agreed that no joint venture, partnership, or employment relationship exists Smart Business Travel and you as a result of this User Agreement. Performance of this User Agreement is subject to existing laws and legal process. Nothing contained in this User Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this User Agreement or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this User Agreement within two (2) years from the date on which such claim or action arose, accrued, or such claim or cause of action will be irrevocably waived. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and User Agreement shall continue in effect.
ATTORNEY’S FEES
If Smart Business Travel takes any action to enforce this User Agreement, and such Claim is not resolved pursuant to the Mandatory Arbitration provision under RESOLUTION OF DISPUTES, above, Smart Business Travel will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any costs of litigation, in addition to any other relief, at law or in equity, to which Smart Business Travel may be entitled. Moreover, you agree that Smart Business Travel may debit your credit or debit card or charge you for any such amounts.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to Smart Business Travel as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Smart Business Travel shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.
PRIVACY
Smart Business Travel will protect your privacy by all available means. Smart Business Travel customers are entitled to privacy and will not have their information sold, shared, or distributed in any fashion.
TAXES, GOVERNMENTAL FEES, TAX RECOVERY CHARGES AND SERVICE FEES
A number of taxes, governmental fees, Tax Recovery Charges, and service fees may apply to your transactions during this accommodation booking. You have read the User Agreement and the terms of which are incorporated herein, and you consent to our policies set forth therein.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions of Smart Business Travel and/or its Third Party Suppliers may apply to your reservation and purchase of accommodation related goods and services. You agree that you have read and understand these additional Terms and Conditions of your purchase.
You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any amounts paid for such reservation(s).
Smart Business Travel may debit your credit or debit card account or charge you for any costs we incur as a result of such violation. You acknowledge that some Third Party Suppliers offering certain services and/or activities may require you to sign an additional Travel Addendum or their liability waiver prior to participating in the service and/or activity they offer.
MISCELLANEOUS
The relationship between Smart Business Travel and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.