Terms and conditions

FlySmartDeals offers individual travel services of third-party service providers as well as services of third-party operators (hereinafter collectively “third-party service providers”) exclusively as an agent. In the event of a booking, the contract shall be concluded exclusively between the client on the one hand and third-party service provider of the relevant individual third-party service provider on the other.

FlySmartDeals is therefore not liable for the information provided by third-party service provider(s) on prices and services, not for the provision of the service itself and also not for compensation for damages from these mediated services or from mediated services.

This does not apply insofar as FlySmartDeals gives the appearance of providing contractually agreed travel services on his own responsibility. Furthermore, this does not apply insofar as FlySmartDeals is to be regarded as a tour operator.

With the acceptance of the client's order by FlySmartDeals, a brokerage contract comes into effect between the client and FlySmartDeals as an agency contract. Order and acceptance do not require any particular form and can also be declared conclusively.

If the order is placed electronically (e-mail), FlySmartDeals will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute a confirmation of acceptance of the booking. Internet offers of FlySmartDeals are not offers in the legal sense of a binding contract offer.

The mutual rights and obligations of the client and FlySmartDeals arise, insofar as this does not conflict with mandatory statutory provisions, from the contractual agreements made in the individual case (in particular on the type and scope of the booking), these terms of service and the statutory provisions on the provision of services against payment.

With effect from the Commencement Date, FlySmartDeals shall, throughout the Term of this Agreement, provide the Services to the Client.

FlySmartDeals shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the United Kingdom.

FlySmartDeals shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services.

FlySmartDeals shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.

FlySmartDeals may, in relation to certain specified matters related to the Services, act on the Client's behalf.Such matters shall not be set out in this Agreement but shall be agreed between the Parties as they arise from time to time.

FlySmartDeals shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client's acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.

FlySmartDeals shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client's acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.

FlySmartDeals is not obliged to procure visas or other documents required for the travel without a special, express agreement. In the event that such an order is accepted, FlySmartDeals may, without express agreement, demand reimbursement of the expenses incurred by him, which he could reasonably consider necessary under the circumstances. FlySmartDeals can demand remuneration for his work if this has been agreed upon or if the work was only owed against corresponding remuneration according to the circumstances.

FlySmartDeals is not liable for the issuing of visas and other documents and not for their timely receipt. This does not apply if the circumstances decisive for the non-issuance or the delayed receipt have been culpably caused or contributed to by FlySmartDeals.

There shall be no obligation to provide information, advice or consultation regarding the necessity, scope, coverage and insurance conditions of travel insurance, in particular travel health insurance and travel cancellation insurance, insofar as no express agreement has been made in this regard.

When arranging travel insurance, the client's attention is drawn to the fact that the insurance conditions of the arranged travel insurance may contain special contractual conditions and / or obligations to cooperate on the part of the client, in particular exclusions of liability (e.g., in the case of pre-existing conditions), deadlines for notification of claims and deductibles. FlySmartDeals shall not be liable insofar as the brokered travel insurer has a right to refuse performance vis-à-vis the client on the basis of validly agreed insurance conditions.

Both the client and FlySmartDeals are obligated to check the contractual and other documents of the respective brokered companies, which were handed over to the client by FlySmartDeals, in particular booking confirmations and other documents concerning brokered services for correctness and completeness, in particular for conformity with the booking and the Services requested.

Insofar as such documents are not sent directly to the client by the intermediary company, they shall be handed over by the travel intermediary by handing them over at the travel intermediary's business premises or, at the travel intermediary's discretion, by sending them by post or electronically, insofar as the client is not entitled to a travel confirmation in paper form.

The Client shall use all reasonable endeavours to provide all pertinent information to FlySmartDeals that is necessary for FlySmartDeals's provision of the Services.

The Client may, from time to time, issue reasonable instructions to FlySmartDeals in relation to FlySmartDeals's provision of the Services. Any such instructions should be compatible with the specification of the Services.

In the event that FlySmartDeals requires the decision, approval, consent or any other communication from the Client in order to continue with the provision of the Services or any part thereof at any time, the Client shall provide the same in a reasonable and timely manner.

If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Client's responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).

Any delay in the provision of the Services resulting from the Client's failure or delay in complying with any of the provisions of this Clause shall not be the responsibility or fault of FlySmartDeals.

The client must inform FlySmartDeals of any errors or deficiencies in FlySmartDeals's services which are apparent to him immediately after they have been discovered. This includes, in particular, incorrect or incomplete details of personal client data, other information, information and documents about the brokered package tour, as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made).

The client shall be advised in the best possible way on the basis of these Terms of service. If requested, FlySmartDeals will then make the booking enquiry with third-party service providers or tour operators. After confirmation by third-party service provider or tour operator, the duty to perform includes the handing over of the documents concerning the arranged travel service(s). This does not apply if it has been agreed that third-party service provider or tour operator will send the documents directly to the client.

When providing information and advice, FlySmartDeals is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct passing on to the client. A contract for the provision of information with a main contractual obligation to provide information shall only be concluded if a corresponding express agreement has been made. FlySmartDeals is not liable for the correctness of information provided, unless a special information contract has been concluded.

In the absence of an express agreement, FlySmartDeals is not obliged to determine and/or offer the most favourable provider of the requested service.

In the absence of an express agreement, FlySmartDeals shall not assume any guarantee with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by FlySmartDeals.

FlySmartDeals accepts special requests only for forwarding to third-party service provider or tour operator to be arranged. Unless otherwise expressly agreed, FlySmartDeals is not responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the booking or for the booking declaration of the client to be transmitted by the broker to third-party service provider or tour operator. It is pointed out to the client that special requests usually only become part of the contractual obligations of third-party service provider or tour operator with the express confirmation of third-party service provider or tour operator.

The Client shall pay the Fees to FlySmartDeals in accordance with accepted quote and and this Clause.

FlySmartDeals shall invoice the Client for Fees due in accordance with the provisions.

All payments required to be made pursuant to this Agreement by either Party shall be made within 7 Business Days of receipt by that Party of the relevant invoice.

All payments required to be made pursuant to this Agreement by either Party shall be made in GBP in cleared funds to such bank as the receiving Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.

Where any payment pursuant to this Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.

Without prejudice, any sums which remain unpaid following the expiry of the period set out in sub-Clause shall incur interest on a daily basis at 5% above the base rate of Bank of England from time to time until payment is made in full of any such outstanding sums.

FlySmartDeals shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.

In the event that FlySmartDeals fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Client.

FlySmartDeals's total liability for any loss or damage caused as a result of its negligence or breach of this Agreement shall be limited to £[ Insert sum ].

FlySmartDeals shall not be liable for any loss or damage suffered by the Client that results from the Client's failure to follow any instructions given by FlySmartDeals.

Nothing in this Agreement shall limit or exclude FlySmartDeals's liability for death or personal injury.

FlySmartDeals shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of FlySmartDeals's breach of this Agreement.

The Client shall indemnify FlySmartDeals against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by FlySmartDeals) caused by the Client or its agents or employees.

Neither Party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of that Party's obligations if the delay or failure is due to any cause beyond that Party's reasonable control.

For the purposes of applicable data protection legislation, FlySmartDeals will process any personal data you have provided to FlySmartDeals in accordance with FlySmartDeals’s Privacy Policy available on the FlySmartDeals website or on request from FlySmartDeals.

You agree that, if you have provided FlySmartDeals with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to FlySmartDeals and (2) that you have brought to the attention of any such third party the Privacy Notice available on the FlySmartDeals’s website or otherwise provided a copy of it to the third party. You agree to indemnify FlySmartDeals in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

For the purposes of applicable data protection legislation, FlySmartDeals will process any personal data you have provided to FlySmartDeals in accordance with FlySmartDeals’s Privacy Policy available on the FlySmartDeals website or on request from FlySmartDeals.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

FlySmartDeals accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms and the relationship between you and FlySmartDeals shall be governed by and construed in accordance with the Law of England and Wales and FlySmartDeals and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.