Terms and Conditions

Cebu Travel Agency is operated by Smartway Travel and Tour Services and will adhere to Smartway Terms and Conditions

I. Acceptance of the Agreement

Upon booking of any of our services, the terms and conditions set forth herein become a binding contract between the Purchaser and Smartway Travel and Tour Services.. Acceptance of this term and conditions occurs when deposit is received by Smartway Travel and Tour Services at its office or in any payment method. Purchaser represents by tender of payment that the itinerary has been reviewed and that it meets Purchaser’s expectations and request.

II. PRICING:

Prices and availability quoted by Smartway Travel and Tour Services are not guaranteed until deposit is fully paid with the exception of ArticleVII. Cancellations or Changes by Us and Flexibility policy. Pricing and availability may change without notice. Passenger agrees that Smartway Travel and Tour Services is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is Smartway Travel and Tour Services is responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold Smartway Travel and Tour Services is harmless for any actions or damages arising from Supplier pricing.

Smartway Travel and Tour Services is reserves the right to charge Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.

 

III. Payment

  1. For packages without airfare, 50% deposit is required at the time of booking to secure your reservation and full payment will be advice in your Statement of account. Failure to comply the option date will be subject for the cancellation of your tour.
  2. For packages that includes airfare, Full payment is required at the time of booking to secure your reservation. Option date for the payment will be advice in your Statement of Account.
  3. Cheque payments: Will only be accepted for bookings without airfare and travelling outside 60 days.
  4. Credit Card and PayPal Fees: Please note that a card fee will be applied automatically to credit card payment amounts:
    4% for Credit Card Payment transacted directly at our office and
    6% for PayPal
    – Mastercard, Visa, American Express

This fee covers a range of costs associated with processing bookings paid for by credit card including the merchant fees of the various credit card companies.

  1. Payment charges:
    Any fees that will incur for sending / bank deposit fees will be shouldered by the payer.
  1. Credit Card Chargeback Fees:Any fees charged to Smartway Travel and Tour Services by our credit card payment provider/PayPal arising from a chargeback or a disputed charge on the cardholder’s credit card will be charged to the cardholder. This fee is non-refundable.

 

IV. Cancellations by You

To cancel your booking, you must submit your request in writing by email at info@smartwaytravelcebu.com together with your itinerary voucher. 

 

 

FOR REGULAR PACKAGES WITHOUT AIRFARE

  • All Bookings are considered final. No Cancellation once the booking was finalized.

 

FOR PACKAGES WITH AIRFARE

  • Airline tickets are highly restrictive, non-refundable, and non-transferable.
  • Packages are non refundable as well.

 

FOR PROMO PACKAGES WITH or WITHOUT AIRFARE

  • Airline tickets are highly restrictive, non-refundable, and non-transferable.
  • PROMO Packages are non refundable as well

 

 V. Airline ticket Policy

  1. Flights booked with Smartway Travel and Tour Services are governed by the terms and conditions of the airfare you purchased and are determined by the Airline (not by Smartway Travel and Tour Services).
  2. Airline tickets are highly restrictive, non-refundable, and non-transferable.
  3. Modification of passenger names, dates, times, routings, or a departure/arrival airport is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. You will be the one to contact the airline directly.
  4. Smartway Travel and tour Services is not responsible for any cancelled, delayed or any reschedule flight. You will be the one to contact the airline directly to get an update of your flight
  5. Smartway Travel and Tour Services is not responsible for any charges for any incorrect information provided by you i.e First Name, Middle Name, Last Name, date of birth, passport details, and title, thus we will have to follow the airline policy.

 

 

VI. International Travel Packages/travel documents/ Immigration Policy

  1. Passenger(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger(s) assumes sole responsibility for, and hereby releases Smartway Travel and Tour Services from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure, and have on their person the proper travel documents at all times.
  2. Airline ticket / tour packages are non refundable for the passenger(s) that were denied boarding due to immigration policy or any reasons.
  3. Passenger(s) will be responsible for the following
    1. DSWD clearance – if you’re traveling with minor(s) (18 years old below) and you are not the parent. It will be your responsibility to secure a written consent from the parents and DSWD clearance for the traveler.

 

  1. 6 months Validity of the passport – All travelers must have a valid passport and the expiration date should be 6 months before the departure date. Most of the countries will require 6 months validity.
  • Government and bank employee(s) – you will be responsible to secure a clearance certificate and authorizing you to travel abroad.
  • If you are a government employee, you are required to secure a “Travel Order” from your Head Office or Office of the President before traveling abroad.
  1. If you are a DOST Scholar, you need to secure a certification or a clearance from DOST before traveling abroad.
  1. For expectant mothers or pregnant women, you must advise of the progress upon booking and at the time of check-in; pregnancy of 24 weeks to below 34 weeks need to secure a Fit-to-Travel clearance from the OB Gyne and need to fill-up the special handling form upon check-in. The airline does not accept the carriage of expectant mothers with age of gestation 34 weeks and beyond.
  • Travelers with Medical Condition; Persons with Disabilities and Persons with Reduced Mobility need to secure a fit-to-travel from attending physician and at least have an able person to accompany for travel.

 

VII. Cancellations or Changes by Us and Flexibility:

We reserve the right to cancel, alter or modify any tour without prior notice “for any reason”. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.

Any changes may require a supplemental payment from you. No refunds will be provided due to cancellations or changes due to Force Majeure.

 

VIII. Tour Start Date

It is your responsibility to be ready to embark on the tour as specified in the itinerary. Smartway Travel and Tour Services is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures, late/no show during the tour.  Compliance with Local Laws and Tour.

 

IX. Images Release

You agree that Smartway Travel and Tour Services may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.

For renting our underwater camera, you have agreed to the following 

  • Any damages, lost of the camera or floater will be subject to the following charges
    • Damages (broken case or floater, crack or any similar) will be subject to Php 1,500
    • Lost of Camera – Php 3,500.00
    • Lost / Damage of Battery- Php 650.00
    • Lost of Floater – Php 450.00

X. Exclusion of Liability

Smartway Travel and Tour Services will not be held responsible for failure to execute obligations specified herein directly occasioned by or through or in consequence of war, change of statues of the Philippine Government, strikes, riots, falsification of papers, and acts of God or conditions beyond the control of Smartway Travel and Tour Services.

 

XI. WAIVER OF LIABILITY, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT

Kindly read this agreement carefully. By booking of any of our tour services, you have agreed for the following conditions below;

Responsibility: Smartway Travel and tour Services its owners, employees, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, or of any other person or entity. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.

 

Assumption of Risk: 

You and your companions have voluntarily applied to participate in the tour on which You and your companions are booked, which will involve Cultural Tours, Spelunking,Trekking, Bird Watching, Rafting, and/or other outdoor and adventure sports (“Adventure Activities”). You and your companions have voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; negligence in any manner on the part of Smartway Travel and Tour Services; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; or any other actions, omissions, or conditions outside of  Smartway Travel control.

You and your companions assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations.

As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Smartway Travel and Tour Services, You and your companions HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER. Smartway Travel and Tour Services, their owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Smartway Travel and Tour Services

 

XII. Mandatory Arbitration / Forum / Choice of Law

All questions of law in any action based upon any claim of breach of this agreement shall be determined in accordance with the laws of the City of Cebu as existing at the time of such action. Any action brought by either party based on any claim arising under or as a result of this contract or based on the tour package of which it is apart, shall be brought in a court of competent jurisdiction in City of Cebu, Philippines.

 

XIII.Implementation Date

This Agreement is valid upon booking of any of our travel packages that we offered.

Smartway Travel and Tour Services reserve the right to revise this policy any time.