Terms & Conditions
These terms and conditions (“Terms and Conditions”) govern the relationship between
Adventure Smarter LLC d/b/a Adventure Smarter (“Adventure Smarter” and/or “we/us/our”)
and you, the purchaser or traveler (“Client” and “passenger” and “you/your”). By planning
travel with Adventure Smarter, you agree to be bound by these terms and acknowledge that
Adventure Smarter acts solely as a booking agent for disclosed principal supplier tour
operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat
purveyors or owners, and other independent contractors providing accommodations,
transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel
services. These terms include warranties and disclaimers and exclusions of liability and may
restrict your rights and remedies and provide protection to Adventure Smarter.
1. USE OF ADVENTURE SMARTER SERVICES, ACCESS AND INFORMATION FOR TRAVEL
BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into
this Agreement and to make travel bookings with Adventure Smarter. You agree to be
financially responsible for all travel bookings you make with us, whether made on behalf of
yourself or for other members of your traveling party. You warrant that all information supplied
by you on behalf of yourself, members of your household, or others for whom you are
authorized to transact business with us is true and accurate. You agree that you will only make
legitimate reservations or purchases with Adventure Smarter and its Suppliers, and you
acknowledge that, without limitation, any speculative, false, or fraudulent reservation is
prohibited.
Adventure Smarter accepts all bookings solely as the booking agent for the travel Suppliers on
your itinerary. Separate Supplier terms and conditions will apply to your reservation and
purchase of travel-related goods and services that you select, and you understand and agree
that by booking travel through Adventure Smarter, you are also agreeing to the booking terms
of each Supplier partner you have selected for your itinerary. You agree that you will abide by
the terms and conditions of purchase imposed by any Supplier that you have selected as a
service provider on an itinerary you have approved.
Adventure Smarter is not liable or responsible for any arrangements made independently of
Adventure Smarter. Adventure Smarter assumes no responsibility for costs or fees you incur for
independent arrangements not booked through Adventure Smarter, inclusive of, but not
limited to, airline, hotel, excursion, and travel protection related charges. If you make your own
flight arrangements, Adventure Smarter is not responsible for any loss resulting from
cancellation or changes in international gateways, itineraries, or travel dates, and cannot assist
you with any schedule changes or delays related to air reservations you have made on your
own arrangement. It may not be possible to earn frequent flyer or other loyalty points for
reservations on your itinerary. With limited exceptions, hotel and airline rewards or points
cannot be redeemed for travel arrangements made by Adventure Smarter.
Adventure Smarter is an Independent Contractor of Outside Agents, California Seller of Travel
2090937-50 (Registered Affiliate), Florida ST15578, Washington 603189022. Registration as a
seller of travel does not constitute approval by the State of California.
2. RIGHT TO CORRECT ERRORS AND OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve
the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier
promotions are subject to availability and may change without notice. You are advised to
confirm reservations well in advance of your anticipated dates of travel to avoid
disappointment, increases in fares and additional late booking fees.
3. PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising
out of your travel bookings through Adventure Smarter. By submitting a credit card
authorization form to Adventure Smarter, you agree to allow Adventure Smarter to use your
payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN
CASES 0F FRAUD, YOU AGREE NOT T0 FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD
COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF ADVENTURE
SMARTER OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR
ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF ADVENTURE SMARTER OR ITS
SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY
AUTHORIZED TRIP PAYMENT, ADVENTURE SMARTER RESERVES THE RIGHT TO COLLECT ALL
ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR
RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and
conditions of booking. You understand that failure to make final payment or any violation of a
Supplier’s conditions of purchase may result in cancellation of your reservations, in your being
denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting
any monies paid for your reservations. In some cases, there is NO REFUND once a booking is
made and under deposit. You may not be entitled to a refund if you change or cancel your
travel plans after confirmation of a booking. All cancellation requests must be sent to
Adventure Smarter in writing. As a result of cancellation or changes to confirmed bookings,
Adventure Smarter's and third-party Supplier’s cancellation penalties will apply. Cancellation
fees will be charged to the credit card or other payment method you authorized to pay for
travel services or deducted from the Supplier’s refund.
If you decide to change any portion of your confirmed arrangements prior to departure or
during your trip, we will attempt to assist you. Certain bookings may not be able to be changed,
and you will be responsible for any increases in cost imposed by the Supplier, as well as any
Adventure Smarter or Supplier change fees. All requests for changes to a booking must be
made in writing to Adventure Smarter. When tour, cruise or package prices are based on
Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION
REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and all
other documents required by applicable government regulations. Passport cards are not
accepted for most international travel. When traveling domestically or internationally, the U.S.
Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS)
advise that everyone carry acceptable identification in order to board a flight. Acceptable
identification can be found at http://www.tsa.gov/ and examples include DHS-designated
enhanced driver’s license, US passport, or a foreign government passport.
Certain countries will not admit a passenger if their passport expires within six (6) months of
the anticipated date of return. Non-United States citizens may require additional
documentation, and you are responsible to make Adventure Smarter aware when traveling on
a passport from a country other than the United States of America. Adventure Smarter neither
controls nor warrants the issuance of visas or approval of visa waivers related to your travel.
Should a visa not be issued, Adventure Smarter is not responsible for lost payments made
toward your trip. Please note that rules of each country regarding entry and exit may change at
any time.
Children and infants may also require travel documents. Minors traveling with one parent,
and/or without both parents, may be stopped and not admitted, unless authenticated and
verified consent forms are provided to the authorities; please see https://help.cbp.gov for
additional information. The U.S. Customs and Border Protection Agency requires that for
groups of children under age 19 arriving to the United States by land or sea from contiguous
territory and traveling with a school group, religious group, social or cultural organization, or
sports team, may also present an original or copy of his or her birth certificate, a Consular
Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must
be provided to the supervising adult or group leader in writing.
The name, date of birth and gender that appears on the identification card must exactly match
the same such data that is listed on your tickets and booking records. You acknowledge that it is
your responsibility to ensure that the information on your tickets and confirmations is accurate.
Any discrepancy between your reservation and your travel documentation may result in denied
boarding or an undue delay at an airport security checkpoint causing you to miss your flight,
and any subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND
VERIFY ALL INFORMATION FOR ACCURACY. CONTACT ADVENTURE SMARTER IMMEDIATELY IF
CHANGES OR CORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY
CORRECTIONS TO YOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR
TRAVEL DOCUMENTS, ADVENTURE SMARTER BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL
COSTS ASSOCIATED WITH MAKING NECESSARY CORRECTIONS.
5. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their
boundaries. If you have a current or prior criminal offense, contact that country directly for
entry and exit requirements. You can visit the US State Department Website for further
information about these requirements. See, https://travel.state.gov/content/travel.html. We
do not inquire about an individual’s criminal record in the interest of respecting our Clients’
privacy. For example, if traveling to or through Canada, individuals with a Driving While
Intoxicated (DWI) record or with judgements for unpaid child support should review current
entry requirements. See: https://www.canada.ca.
6. IMMUNIZATIONS AND HEALTH SCREENINGS
You must have the proper immunizations and health screenings and required documentation of
such immunizations and screenings before travel. Adventure Smarter shall not assume
responsibility for the accuracy of health, vaccination, or documentation requirements prior to
departure or upon landing at the final destination. In some cases, required inoculations must be
recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must
carry for proof of inoculation. If you are concerned about taking any medications or receiving
certain inoculations, check with your health practitioner BEFORE booking. Check the State
Department Web site http://travel.state.gov, for relevant information relating to travel to
specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating
to health issues related to travel.
7. RISKS AND SAFETY
Travel to certain destinations may involve greater risk than others. Adventure Smarter urges
Clients to remain informed on a daily basis as to current news events, as well as to review travel
prohibitions, warnings, announcements and advisories issued by the United States Government
prior to booking travel to international destinations. Information on health and safety
conditions in various countries and the level of risk associated with travel to particular
international destinations can be found at http://www.state.gov, http://www.tsa.gov,
http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The
Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to
U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter
information about your upcoming trip abroad so that the Department of State can better assist
you in an emergency. Registration is recommended and provided by going to
https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ADVENTURE SMARTER DOES
NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT
RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM
TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF
SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once Adventure Smarter has investigated
the prevailing situation, Adventure Smarter shall have the sole and absolute discretion whether
to proceed with any Adventure Smarter escorted trip or private departure, or to make
alterations to the itinerary.
8. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s
luggage or on the passenger’s person. A violation can result in five years’ imprisonment and
penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives,
compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active
materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and
radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and
toilet articles carried in the passenger’s luggage and certain smoking materials carried on the
passenger’s person. For further information, each passenger should contact the relevant airline
representative(s) on their itinerary. Restrictions on hazardous materials are listed
http://www.tsa.gov/traveler-information/prohibited-items.
9. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to
treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is
on the DOT’s website and is updated from time to time: http://www.dot.gov/office-
policy/aviation-policy/aircraft-disinsection-requirements.
10. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if you purchase through
Adventure Smarter. If you purchase air travel through Adventure Smarter, you acknowledge
and agree that Adventure Smarter does not have the right to control the operations of
independent airlines, and agree that Adventure Smarter is not liable for any personal injury,
property damage related to your purchase of air tickets or air travel, including, but not limited
to any act, error, omission, injury, loss, accident, or delay caused by any act, error or omission
of the airline, including their failure to deliver services, partial or inadequate delivery of
services, airline policies including refund or rebooking policies, fees for checked or carry-on
luggage, fuel increases, bankruptcy or cessation of operations.
Adventure Smarter shall not assume any responsibility for any air schedule changes. In rare
instances, upon departure from a country, certain departure taxes must be paid in cash only,
and may vary in price. Failure to use a reservation may result in automatic cancellation of all
continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary
fare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours
prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time
for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure
time for domestic flights, and 72 hours prior for international flights.
Frequent Flyer mileage accrual is at the discretion of the airline(s). Adventure Smarter has no
liability if accural of miles or points is denied or if upgrades are not allowed. Many airlines do
not permit upgrades on airfare purchased in certain fare classes or when using frequent flyer
miles, loyalty status or certificates.
Seat assignments are not guaranteed even after they are assigned, and Adventure Smarter has
no control over airline seat assignments. Most airlines charge a fee to pre book a seat.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Adventure Smarter acts solely as a booking agent for disclosed principal Suppliers and is not the
source or provider of any travel service. Each Supplier is an independent entity with its own
management and is not subject to the control of Adventure Smarter. The Suppliers whose
names appear in travel documentation are those actually responsible for providing the travel
services purchased, and you consent to the use of those Suppliers.
The Supplier may determine that alterations in itinerary are necessary for any number of
reasons, including but not limited to severe weather. Any alterations to an itinerary are at the
sole discretion of the Supplier, and Adventure Smarter bears no responsibility for any changes.
BECAUSE ADVENTURE SMARTER ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND
DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT
OPERATORS AND SUPPLIERS, YOU AGREE THAT ADVENTURE SMARTER IS NOT LIABLE FOR ANY
PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES.
ADVENTURE SMARTER HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY
DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN
CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING
THROUGH ADVENTURE SMARTER, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT,
ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE
INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF
SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS,
OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE T0 DELIVER 0R THEIR
PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATlON AND REFUND POLICIES,
FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS
OUTSIDE OF ADVENTURE SMARTER’S CONTROL, AND YOU HEREBY EXONERATE ADVENTURE
SMARTER FROM ANY LIABILITY WITH RESPECT TO THE SAME.
ADVENTURE SMARTER HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL
TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM
ADVENTURE SMARTER WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES
ACTUALLY RECEIVED BY ADVENTURE SMARTER.
12. FORCE MAJEURE
Adventure Smarter will not be in breach of these terms and conditions or otherwise be liable to
you, for any failure or delay in performing an obligation under this Agreement that is due to any
of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots,
war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of
communication facilities, including web host and internet service provider, breakdown or
malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes
including, but not limited to extreme weather events, floods and volcanic eruptions,
governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion,
generalized lack of availability of raw materials or energy, and any other unforeseen
circumstance which is beyond the control of Adventure Smarter. THE PURCHASE OF TRAVEL
INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of Adventure Smarter’s Suppliers have terms and conditions which include
Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may
be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any
itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the
non-performance of any obligations hereunder shall remain in the sole and absolute discretion
of the Supplier pursuant to their policies, although Adventure Smarter shall use its reasonable
efforts to secure reimbursement for you where possible.
13. CLIENT CONDUCT
When you book with Adventure Smarter, you accept responsibility for any damage or loss
caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely
known) must be paid directly at the time to the accommodation owner or manager or other
Supplier. You must indemnify Adventure Smarter for the full amount of any claim (also
including legal costs) made against us. We are not responsible for any costs incurred concerning
a guest removed from a trip, or any portion of a trip. You agree not to hold Adventure Smarter
or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant.
Any transportation, possession or use of illegal drugs will result in immediate termination of
your trip and may result in prosecution by law enforcement authorities. You are responsible for
knowing and observing the licensing laws for drug possession (including prescription and over
the counter drugs) for all countries and states you are visiting. Laws may require you to carry a
prescription from your doctor.
14. CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange
rate fluctuations. Adventure Smarter is not responsible for surcharges or foreign transaction
fees imposed by Client’s credit card or bank.
15. TRAVEL INSURANCE
ADVENTURE SMARTER OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND
THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT
INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER
DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR
CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION &
REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS,
JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL
ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU
FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance,
you understand and agree that if you cancel or interrupt your travel for any reason, portions of
the trip/tour may not be refunded and Adventure Smarter’s and travel Suppliers’ cancellation
penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking
and related costs. The purchase of travel insurance is not required in order to purchase any
other product or service offered by Adventure Smarter, however if you decline to purchase
insurance, Adventure Smarter may require that you execute an insurance waiver. Adventure
Smarter is not a licensed insurance broker, and its advisors are not qualified or authorized to
answer technical questions about benefits, exclusions, and conditions of any of the insurance
offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An
additional charge applies for any travel insurance selected. It is your responsibility to know
what your insurance policy covers, and to put alternative coverage in place, if you wish to
insure for conditions that are excluded by your policy. ADVENTURE SMARTER CANNOT
GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE
UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF
COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
16. RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time.
Updated versions of the Terms will be provided to Clients, will be posted on our website and
are effective immediately on posting.
17. GENERAL
The laws of the State of Tennessee govern these Terms and Conditions. You hereby consent to
the exclusive jurisdiction and venue of courts in Wilson County, Tennessee in all disputes arising
out of or relating to travel bookings with Adventure Smarter. Any claim against Adventure
Smarter must be brought within 12 months after the date of the completion of the trip and not
later. Adventure Smarter shall not in any case be liable for damages other than compensatory
damages, and you waive any right to claim punitive or exemplary damages. You agree that you
may only bring claims in your individual capacity and not as plaintiffs or class members in any
class action, proposed or purported class action, or other representative action, regardless of
the type of proceeding. You expressly agree to waive and forego any and all rights to bring any
such class actions, purported or proposed class actions, or representative actions.
If any part of these Terms and Conditions 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
agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute
the entire agreement between the Client and Adventure Smarter with respect to travel
bookings made with Adventure Smarter by any means, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written,
between Client and Adventure Smarter with respect to communications with Adventure
Smarter. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.