These Terms and Conditions (the “Terms”) govern the TravelSmart Protection on Travala.com (the “Website”). In these Terms, any references to “You” or “Your” means a customer of the Travala.com online booking platform who opts to purchase the TravelSmart Protection, and any references to “We”, “Us”, or “Our” means Travala Pte Ltd, a company incorporated under the laws of Singapore with its registered address at 160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore 068914.

(definitions are stated in Article 4 of these Terms)

Summary

TravelSmart Protection applies when:

• There is a cancellation of the trip or part of it;
• There is an involuntary airport change of any flight in the itinerary (with more than one PNR in the itinerary, i.e. must have connecting flights); or
• There is a delay or schedule change causing insufficient time for a layover.

TravelSmart Protection will not apply:

• In the event of an involuntary change to a flight with a single PNR (i.e. no connecting flights) where the new itinerary is less than 24 hours from the original itinerary;
• In the event of a force majeure situation that is beyond our or the carrier’s control;
• Where you cannot travel or miss your trip because of your own fault; and
• If you change your trip or contact details directly with the carriers without our knowledge and approval.

Article 1. Introduction

In order to bring You the best possible service, We offer You an exclusive and unique extended guarantee for the usability of the flight itinerary brokered by Us within Our Services in case Your booking is affected by a Flight Disruption in the form of Our exclusive and unique assistant services (in accordance with these Terms), hereinafter referred to as the “TravelSmart Protection”. The TravelSmart Protection is provided as part of Our Services and these Terms are supplemental to the Travala.com Terms and Conditions which continue to apply for any Booking.

Please note that Our offer of the TravelSmart Protection is conditioned by Your contractual opt-in for provision of TravelSmart Protection in case of a Flight Disruption is related to any of Your Bookings made with Us and is accepted by Us. You may contractually opt-in for the provision of the TravelSmart Protection based on the specific general contractual stipulation between Us and You, or within the specific booking process, via technical means availed to You for this purpose (e.g. the Website) in compliance with the respective technical documentation and associated terms. In the event that such general contractual stipulation includes any limitations or different terms and conditions compared to these Terms, these Terms prevail and governs the provision of the TravelSmart Protection to You.

Please note, that even in case You will not contractually opt-in for the TravelSmart Protection, if necessary, We are prepared to provide You with free assistance in the situation of a Flight Disruption affecting Your Flight itinerary, provided that the Flight Disruption was not announced to You by the respective Selected Carrier or Us more than one (1) hour prior to the departure of the first concerned Flight affected by the Flight Disruption, when the rule Art. 2.1 b) Point (1) hereof (alternative transportation offer) will be applied analogically (hereinafter the “Transfer Protection”). The Transfer Protection services, if applicable, constitute part of Our Services. Any reference to the TravelSmart Protection in other provisions of these Terms shall also be deemed a reference to the Transfer Protection, if applicable.

The aim and scope of Our TravelSmart Protection service program is to make Your journey as smooth and comfortable as possible. For this purpose, We ensure You that in situations when the Flight(s) is/are affected by a Flight Disruption, we shall, upon activation of TravelSmart Protection, offer reasonable alternative Flight(s) or other means of transportation to the Destination, or a refund of the price You paid for all the unused Flight(s). By the virtue of these Terms, We provide You with a solution to the situation(s) stated above, which may negatively impact the journey to the Destination.

However, please note that the TravelSmart Protection may only apply in cases when the Flight(s) is/are affected by a Flight Disruption due to factors which can occur in the standard course of transportation. Given this, the TravelSmart Protection can be applied with limited effect in situations of the impact of force majeure (see Art. 3.3). Furthermore, the TravelSmart Protection cannot be applied to cases where any changes to the Flight schedule(s) is made without Our previous approval or not through Our customer service department.

Article 2. Application of TravelSmart Protection

1. Provided that You have purchased the TravelSmart Protection related to any Booking made with Us hereunder and We have accepted it, these Terms shall apply with respect to Bookings successfully completed under these Terms.

The scope of the TravelSmart Protection is split into two categories, based on severity:

(a) Scenario A (More than 48 hours before departure)

The TravelSmart Protection stipulated in this Article 2.1(a) applies only to a Flight Disruption announced more than 48 hours prior to the departure of the first concerned Flight affected by the Flight Disruption (hereinafter referred to as “Scenario A”).

Where You learn about a Flight Disruption under Scenario A, You must inform Us of such a Flight Disruption without undue delay by contacting us here or at [email protected] or via live chat on Travala.com. Should You fail to inform Us about such Flight Disruption(s) without undue delay, You will not be entitled to the TravelSmart Protection. Where We are informed first about the Flight Disruption according to Scenario A, We will contact You within a reasonable time after We learn about such Flight Disruption(s).

After We have been informed about the Flight Disruption(s) according to Scenario A, We will offer You the following solutions (subject to availability), from which you may select one solely at Your discretion:

1. We will search for alternate transportation to Your Destination. Should We find an alternate option not exceeding the price You paid for all the unused Flight(s), We may offer You (an) alternate Flight(s) or other means of transportation to Your Destination at no additional cost to You. We may also offer You an alternate option that exceeds the price You paid for all the unused Flight(s). If selected, any difference between the price of the offered alternate and the price of the unused Flights must be paid by You. In case We are unable to provide You with the offered alternate Flight(s) or other means of transportation for You online, upon Our confirmation, You may purchase ticket(s) for alternate transportation to Your original final destination, as agreed upon by Us and You, at the airport or other place of transition and, at Our discretion, We may refund You the pre-agreed price of such ticket(s) up to the price You paid for all the unused Flight(s) under the conditions given in Article 3 hereof. Please note that You must contact Us and obtain Our approval before purchasing ticket(s) for the alternate transportation on Your own, otherwise You will not be entitled to the refund of its price hereunder. Any extra services or further upgrades to the agreed-upon alternate ticket(s) shall not be covered by Us.
2. We may offer You a refund of the price You paid for all the unused Flights under the conditions specified in Article 3 hereof.

You are obliged to reply to Us promptly after receiving Our information about the offered solution(s), but in all cases at the latest within any reasonable time before the time of the scheduled departure of the first Flight of Your itinerary. Please note that Our offer may be changed due to availability of the offered solutions. Notwithstanding, in the event the aforesaid offer is not accepted by You within twenty four (24) hours before the scheduled departure time of the first Flight of Your itinerary, the offer shall be null and void and therefore You will not be entitled to the TravelSmart Protection in this matter.

(b) Scenario B (Less than 48 hours before departure or with itinerary in progress)

The TravelSmart Protection stipulated in this Article 2.1(b) applies only to a Flight Disruption announced less than/equal to 48 hours prior to the departure and/or after departure of the first concerned Flight affected by the Flight Disruption (hereinafter referred to as “Scenario B”).

In this case, if You learn about a Flight Disruption under Scenario B, You must inform Us of such a Flight Disruption without undue delay by contacting us here or at [email protected] or via live chat on Travala.com. Should You fail to inform Us about such a Flight Disruption without undue delay, You will not be entitled to the TravelSmart Protection. In case We are informed first about the Flight Disruption under Scenario B, We will contact You within a reasonable time after We learn about it.

After We have been informed about the Flight Disruption under Scenario B, You may choose one of the following solutions (as available) at Your discretion:

1. We will search for alternative transportation to the Destination and should We find a reasonable alternative transportation, We will offer You (an) alternative Flight(s) to the Destination entirely at Our expense. In case We are unable to buy the offered alternative Flight(s) for You online, upon Our approval, You can buy the respective ticket(s) for the alternative transportation to Your original final destination, as agreed upon by Us and You, and We may refund You the pre-agreed price of such ticket(s) under the conditions in Article 3 hereof. In case We are unable to find (a) reasonable alternative Flight(s), we may agree with You on Our proportional contribution to the costs associated with the mutually agreed alternative transportation. This option will be determined and agreed on a case-by-case basis. Please note that You must contact Us and obtain Our approval before purchasing ticket(s) for the alternate transportation on Your own, otherwise You will not be entitled to the refund of its price hereunder. Any extra services or upgrades to the agreed upon alternative ticket(s) will not be covered by Us.
2. We may refund You the price You paid for all the unused Flights under the conditions specified in Article 3 hereof.

Notwithstanding anything to the contrary, You are obliged to reply to Us about Your choice promptly after receiving Our information about the offered solution, but in all cases at the latest within 24 hours from the time of the scheduled departure of the first Flight of Your itinerary. Please note that Our offer may be changed due to availability of the offered solutions. After the lapse of the said 24 hours for replies, the offer shall be null and void and You are no longer entitled to the TravelSmart Protection in this matter.

Article 3. Policy, Exceptions, Limitations and Refunds

1. TravelSmart Protection Remedy Conditions. We guarantee to provide You with any TravelSmart Protection solution under the conditions of Article 2 hereof in order to assist You in a circumstance covered under the TravelSmart Protection service, subject to You and the Booking meeting the following conditions:

1. The purchased Flight tickets must be for a Flight offered to You by Us. If any changes to the schedule of the flying route booked through Us are made without Our assistance directly with the Selected Carrier without Our prior approval, the TravelSmart Protection is null and void, and therefore You will not be entitled to any remedy from Us;
2. We must receive Your request for a refund of or a partial contribution to the price of alternate transportation purchased by You on Your own upon Our approval only, in compliance with Article 2 hereof, within 14 days of the date when an arrival at the Destination was scheduled according to the original Flight schedule;
3. Along with the request for a refund, You must submit to Us an unequivocal and intelligible copy of the receipt of payment for the alternative Flight and the ticket for the alternative Flight(s). At least one of these documents must contain intelligible Flight data (specifically the date and time of the Flight(s) and the place of departure and arrival) or data related to other means of transportation, price information and the passenger's name;
4. Should You decide to opt for the refund under the TravelSmart Protection, We will refund You the full or partial price which was originally paid for the respective journey under the conditions stipulated herein. In this case, if the journey consists of more than one leg and certain Flight(s) had already been utilised, We will refund You the original price of the unused Flight(s). The eventual refund of the original purchase price paid for the respective Flight(s) obtained from the Selected Carrier(s) will be used and consumed by Us on the selected remedy in relation to the provision of Our TravelSmart Protection to You.

2. TravelSmart Protection – Exceptions. If, after purchasing a Booking as well as the TravelSmart Protection:

1. any changes to the schedule of the purchased Flight(s) are made other than through Us; and/or
2. any changes within the contact details with any one of the Selected Carrier(s) in relation to the Booking are made; and/or
3. any changes to the No Check-in Baggage Itinerary are made, in particular the baggage is added to the respective itinerary or any other changes to the Flight(s) is made;

Our offer of the TravelSmart Protection described in Article 2 hereof will automatically expire and You shall have no claim whatsoever to the performance by Us of any of the TravelSmart Protection services. This provision does not preclude You from buying (an) alternate Flight(s) in accordance with Terms herein – if You do so in compliance with these Terms, the TravelSmart Protection will remain valid and claimable. On the contrary, should You amend or alter the schedule of the original Flight(s) ordered in the Booking without first confirming with Our customer service department and seeking their approval, the TravelSmart Protection will become invalid and We will be absolved of all liability and responsibilities in case of any issue that may occur during Your journey.

3. Limitation of the TravelSmart Protection – Force Majeure. Please be informed that the TravelSmart Protection does not apply to cases of Flight Disruptions caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions, governmental restrictions and recommendations due to any reason which makes it incompatible with the operation of the flight concerned, security and health risks, unexpected transport safety shortcomings and strikes that affect the operation of an operating air carrier, significant limitation of airport(s) and/or train and/or bus station operation, as well as bankruptcy, insolvency or termination of 50% or more of all flights of the Selected Carrier or any other effect which significantly limits or disables the Selected Carrier or operating Carrier to provide its services (hereinafter referred as “Force Majeure”). Please note that in these cases We will make Our best effort to offer an alternative Flight(s) and or other alternative transportation in order to eliminate inconveniences that You may incur in relation to this matter. However, We have no obligation to provide You with the TravelSmart Protection or otherwise cover the expenses for the alternative Flight(s) and/or other means of transportation for the Flight(s) affected by the effects of Force Majeure as well as other connecting Flight(s) which were not used due to the effect of Force Majeure.

Article 4. Definitions 

1. Booking: means the purchasing process of selected Flight(s) and the actual outcome of this process, which includes the following: (i) completing and sending Us the information required (including the selected Flight(s)), (ii) Your acceptance of the Terms stated hereunder and Our immediate performance of Services (iii) and making the payment of the price of the Flight ticket(s) and other related services (e.g. priority boarding, additional luggage, meal, etc.), including the price of the TravelSmart Protection. By making the Booking, You accept the offer of Our Services.
2. Contract of Carriage: means the agreement of carriage and related services concluded between You and the Selected Carrier(s) based on the provisions of Our brokerage Services provided to You.
3. Destination: means the airport, train station or other selected place You choose from the offers listed on Our Website and which is, according to Your Booking, the last airport, train station or other selected place from the offers listed on Our Website.
4. Flight or Flights: means a carriage by air to the Destination via (a) Selected Carrier(s). ‘Flight’ can also be used to mean two or more Flights to carry You to Your Destination.
5. Flight Connection(s): means a form of carriage wherein to exit the plane, and other means of transportation will be needed at each given airport or other transition place and require either a change of planes or re-boarding in order to reach the Destination. In some cases, it may also be needed to change the Selected Carrier when changing the plane, bus or train, or other means of transportation.
6. Flight Disruption: means a change in Flight schedule due to which You will not have sufficient time to change planes or other means of transportation for (a) Flight Connection(s) which negatively impact(s) Your ability to reach Your Destination and where Your arrival at the Destination shall change by more than 24 hours from the originally scheduled arrival, i.e. due to Flight Disruption(s), You would miss Your Flight Connection(s). The assessment of a reasonable time limit for changing planes or other means of transportation for Flight Connection(s) will be done individually and in accordance with the specific standard transition times provided by the airport or other place of transition.
7. TravelSmart Protection: has the meaning defined in Article 1 herein.
8. Selected Carrier: means the airline providing the services of carriage by air with which You enter into the Contract of Carriage through the use of Our brokerage services. The identity of the Selected Carrier will be made known to You before You purchase Our Services. Your Flight(s) may include the services of two or more Selected Carriers – where this is the case, the term Selected Carrier will be used to mean the airline carrying You across the corresponding segment of Your route. Please note that the actual operating carrier may differ from the Selected Carrier with which You have entered into the Contract of Carriage and as such, it is Your responsibility to verify the identity of the operating carrier at the place of departure for the relevant route before departure.
9. Service or Services: means the brokerage services directly related to the carriage of You and Your luggage to a Destination which We provide You in accordance with these Terms and Our Services for the pre-arranged and agreed fee. In addition to the provision of Our Services, We may provide You with Our TravelSmart Protection providing You with the specific remedies in case of the Flight Disruption(s) if purchased by You as specified in Article 2 and Article 3 hereof. The TravelSmart Protection is provided under the conditions stipulated herein for the additional consideration constituting the part of Our fee for the provision of Our Services and paid by You.
10. Travel Credit(s): means the untransferable credit with assigned value usable exclusively by You for Your future Bookings with Us. For the full terms, please see the Travel Credit Terms and Conditions.
11. Website: means the website located at Travala.com, including the subdomains for respective markets and/or Our other websites or mobile application on which You can make the Booking.
12. No Check-In Baggage Itinerary: means a Booking itinerary of one or more Flight(s) which is specially construed and offered to You under the condition that You cannot have any other baggage than carry-on baggage as defined and limited by each of the Selected Carriers; should You add any check-in baggage to this itinerary, We cannot guarantee that Your itinerary will remain unchanged by the Selected Carriers: in this regard, We are not responsible for any financial or other obligations to You or the Selected Carriers.