Last Updated: March 1, 2022
In the event a minor child is participating in travel or trip planned by Company or purchased through this Site (“Minor Participant”), You represent that you are the parent or guardian of such minor child and agree to these Terms. In the event that you plan to participate in travel or trip planned by Company or purchased through this Site with another individual (“Third-Party Participant” collectively with “Minor Participant” and “You” “Participants”), You agree to make available to the other individual these Terms and represent that you have both shown these Terms to Third-Party Participant and Third-Party Participant has agreed to these Terms.
Fly Smoother offers various trip planning services (“Services”). These Services include but are not limited to: emails, telephonic meetings, video meetings, in person meetings, correspondence, planning, consultation, suggestions, responses to Participant questions, bookings, placing orders, and other services relating to the preparation of a Participant’s trip or a Participant’s trip. You will compensate Company, as specified in, and in accordance with, these Terms.
PRICING AND BILLING
You agree to remit payment to Company for all Services rendered for Participant. Payment shall be provided in a timely manner as set out below. All such Services shall be charged at the then-current hourly rate set forth below. Fly Smoother shall charge and You shall pay for each hour expended on Services for Participant at the then-current rate at the time Services are rendered; You understand and agree that in certain circumstances this shall result in hourly rates changing from time to time. Company shall inform you of any applicable hourly rates prior to providing you with Services. Hourly rates of Company employees vary and You understand and agree that Fly Smoother may, in its sole discretion, determine which employee is best suited to complete each aspect of Services provided, unless otherwise agreed to by You and Company. You understand and agrees that Company cannot guarantee or with complete accuracy estimate the total time which will be expended on any requested Services. Any estimate provided by Company shall not be binding on Company.
If You have any questions about Services provided, personnel choices, or total hourly charges notify Company immediately.
Services and associated fees/costs incurred will be emailed to the You (to the email address of record) on a monthly basis and a trip specific invoice after the completion Services on each requested trip.
Please review the invoice carefully and contact Fly Smoother if You have any questions about any such invoice contact Company immediately.
Fly Smoother will process the ACH payment (7) calendar days following delivery of any monthly or trip specific invoice. If payment on an outstanding invoice is not received timely, Fly Smoother reserves the right to release Participant reservations and cancel Participant trip; this shall not relieve You from any outstanding amounts owed to Fly Smoother.
You shall be responsible for all fees and charges related to such non-payment. Any misunderstandings or disputes relating to any Fly Smoother invoice must be raised immediately with Fly Smoother. If You do not raise any such misunderstanding, objection, or dispute to Fly Smoother within seven (7) calendar days of receipt, You will be deemed to have accepted the invoice as accurate.
You may choose to pay by credit card. In the event You choose to pay via credit card, Your credit card on file will be charged within seven (7) business days following the delivery of any invoice. Fly Smoother at all times reserves the right to cease providing Services on any trip until any and all outstanding balances are brought to zero ($0). Failure or refusal to timely pay invoices issued by Fly Smoother will constitute grounds for our immediate termination of this Agreement, but shall in no instance serve to release You from Your ongoing payment obligations to Fly Smoother under this Agreement. If Fly Smoother seeks payment on unpaid amounts owed by You, You hereby agree to and shall indemnify Fly Smoother for all costs and expenses incurred by Fly Smoother with respect to same (including reasonable attorneys’ fees and costs).
In the event You fail to pay any invoice in full within seven (7) calendar days after receipt of the same, You agree to pay interest on all outstanding amounts at one-and-a-half percent (1.5%) interest monthly, compounding monthly, on the entirety of the amount outstanding as well as any interest which may have accrued thereupon.
You acknowledge and agree the hourly rates charged by Company are reasonable and may change. Company may choose to notify you of rate changes by email but has no obligation to do so. You agree that by posting new rates on these Terms, Fly Smoother has adequately notified you of any rate change and you agree to the change.
In the event that hourly rates may be applicable to You, Company will inform you of all such rates prior to providing You with any Services. By being notified of Company’s then-current rates you agree to be charged such rates and agree that such rates are reasonable.
In the event you agree to certain services, for instance, Company services provided under a retainer, all terms contained in such agreement shall control in the event that they conflict with these Terms. Specific written agreements by You and Fly Smoother shall control the specific subject matter and conflict between these general Terms and more narrow or specific agreements will be controlled by the narrower agreement. This includes, but is not limited to any “Travel Retainer Agreement”.
In certain cases, when paying by credit card, You may choose to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, Company asks You first to call Fly Smoother to discuss any questions or concerns about our charges. Company will work with You in attempting to resolve Your concerns. By using our service to make a reservation, or retaining us for such services, You accept and agree to our cancellation policy. Fly Smoother retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, Company retains the right to cancel any travel reservation related to that improper chargeback, as determined solely at the discretion of Company; in such a case the cancellation charges as set out below would apply. The following chargeback scenarios are improper and Company retains the right to investigate and rebut any such chargeback claims:
It is Participant’s sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry reciprocity fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete. Participant is urged to review advisories or warnings issued by the State Department (available at: www.travel.state.gov) and the Centers for Disease Control and Prevention (available at: www.cdc.gov) about risks and restrictions for travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. Fly Smoother strongly recommends that Participant review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html andhttps://wwwnc.cdc.gov/travel/notices. Fly Smoother bears no responsibility for such information and will not be held responsible for advising and/or obtaining required travel documentation for Participants, or for any delays, damages, whether direct or indirect, and/or losses including missed portions of Participant’s trip related to improper documentation or government decisions about entry.
COVID AND RESPONSIBILITY
It is essential and a condition precedent of the booking of any trip with Fly Smoother, or otherwise obtaining and Services under this Agreement that Participant obtain a comprehensive travel insurance policy to cover Participant of the trip before, during, and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Fly Smoother cannot be held responsible for denied entry if Participant is unable to provide details to authorities of insurance or for denial of entry for any reason. Fly Smoother shall not be responsible for any costs incurred by Participant before, during, or after any trip as a consequence of inappropriate or insufficient travel insurance or documentation being obtained or possessed by Participant.
Fly Smoother does not provide, own, or control any of the travel services and products that are provided as part of any planned trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by third parties, their affiliates, subsidiaries, agents, or contractors (“Travel Providers”). Travel Providers are responsible for the Travel Products. Travel Provider’s terms and privacy policies apply to Participant’s booking so Participant hereby agrees to read, understand, and agree to those, and all other applicable, terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to Participant’s travel, so Participant must also agree to and understand those, and all other applicable, terms.
THIRD PARTY COSTS
PARTICIPANTS WITH DISABILITIES
Participant with disabilities should notify Fly Smoother if Americans with Disabilities Act (“ADA”) accessible accommodations are needed. Fly Smoother will make all reasonable efforts to accommodate this request but shall not be held responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the You or in the event that the Travel Provider, if such provider chooses to cover such expense; in no event shall Company be responsible for any increased costs or fees.
LIMITATION OF LIABILITY
PARTICIPANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS FLY SMOOTHER AND EACH OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY EXPENSES, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS AND COSTS (COLLECTIVELY, “DAMAGES”) INVOLVED WITH OR INCURRED BY FLY SMOOTHER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND THE ADVANCEMENT OF SAME) WITH RESPECT TO ANY CLAIMS, LAWSUITS, ARBITRATIONS, OR OTHER CAUSES OF ACTION, WHICH RESULT, DIRECTLY OR INDIRECTLY, FROM PARTICIPANT’S BREACH OR VIOLATION, OR THREATENED BREACH OR VIOLATION, OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE SECTIONS 15 AND 16).
FORUM AND GOVERNING LAW
GENERAL AND MISCELANEOUS
 Health: Recommended inoculations for travel may change and Participant should consult a doctor for current recommendations before departure. It is Participant’s responsibility to ensure that Participant meets all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to Your trip.
Impeccable planning. Brilliant execution.