INTRODUCTION

1. These Terms and Conditions ("Terms") govern your access to, and use of, TravelSmart Protection managed by 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 ("Travala.com", "we", "our", or "us"). In these Terms, references to "you" or "your" mean any person or entity that opts to purchase TravelSmart Protection for their Booking.
2. In order to bring you the best possible service for Flight itineraries brokered by us, we offer TravelSmart Protection. This is an additional service, fulfilled by a third-party service provider, designed to provide you with resolution in the form of instant Travel Credits in the event your itinerary is affected by a Flight Disruption.
3. By electing to purchase TravelSmart Protection for your Booking, you are entering into a binding contract with us and shall be deemed to have read, understood, and agreed to be bound by these Terms.
4. We may revise these Terms at any time with or without notice to you. These changes shall take effect whenever the relevant website, application, portal or platform where these Terms are displayed or linked is updated with newer Terms. Your continued access and/or use of the Website, Mobile App and/or Services shall constitute acceptance of any changes to these Terms. It is your sole responsibility to check for updates or amendments from time to time and you waive any right to receive notice of such changes. If you do not agree to these Terms and their revisions, your right to use the Services shall immediately terminate, and you must cease usage of all the Services immediately.
5. These Terms are supplemental to our General Terms and Conditions, which continue to apply to any Booking. In the event of any conflict between these Terms and the General Terms and Conditions with respect to TravelSmart Protection, these Terms shall prevail.

DEFINITIONS

In these Terms:

1. Any headings are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.
2. Unless the context clearly indicates a contrary intention, use of any gender includes the other genders, the singular includes the plural and vice versa, and natural persons include legal entities and vice versa.
3. The following terms shall have the meanings assigned to them hereunder:
   • Applicable Law: means all relevant or applicable statutes, laws, rules, regulations, directives, circulars, notices, guidelines and practice notes of any Governmental Authority;
   • Best Available Alternative Flight: means one (1) or more Flights that will get you to your Destination with a travel time closest to your originally scheduled time of arrival as specified in your Booking Confirmation;
   • Booking: means the process of purchasing selected Flights and any ancillary services through our Website or Mobile App, and the resulting outcome of this process (e.g. choice of service, acceptance of terms, and/or confirmation of booking). A Booking is completed when we confirm that we have received and accepted your payment amounting to the Total Price and a Booking Confirmation is sent to you;
   • Booking Confirmation: means any physical or digital document that is intended to confirm that a Flight, along with any ancillary services, has been arranged with a Selected Carrier based on your choices or instructions. These documents may include, but are not limited to airline itineraries or e-tickets;
   • Booking Price: means the price of the Flight ticket(s) and any ancillary services, excluding the price paid for TravelSmart Protection and any Service fees charged by us;
   • Contract of Carriage: means the agreement for carriage and any ancillary services concluded between you and the Selected Carrier(s) through our Services;
   • Destination: means the final airport, train station, or other place as specified in your Booking Confirmation;
   • Flight: means a carriage by air to the Destination via one (1) or more Selected Carriers;
   • Flight Connection: means an itinerary that requires you to change planes or other means of transportation at one (1) or more transit points to reach your Destination;
   • Flight Disruption: means any of the following events that must be initiated by a Selected Carrier: (i) a cancellation, delay or schedule change that prevents you from boarding one (1) or more Flights in your itinerary (including a missed Flight Connection); (ii) a change in your origin or destination airport to an airport that is not in the same country or is more than eighty (80) kilometers away from the original one; or (iii) for an Itinerary with a Single PNR, a delay that results in your arrival at the Destination being more than five (5) hours later than the originally scheduled arrival time, as specified in your Booking Confirmation;
   • Governmental Authority: means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organisation. For the avoidance of doubt, Governmental Authority may include private bodies exercising quasi-governmental, regulatory or judicial-like functions to the extent they relate to either you, TravelSmart Protection and/or the Services;
   • Itinerary with a Single PNR: means a standard Booking that is not a Virtual Interlining Itinerary, consisting of one (1) or more Flights under a single PNR;
   • Mobile App: means the travala.com mobile application;
   • No Check-In Baggage Itinerary: means a Booking consisting of one (1) or more Flights offered under the specific condition that you travel only with carry-on baggage as defined by each of the Selected Carriers;
   • PNR: means "Passenger Name Record", a unique code used by airlines to identify and manage a specific Flight reservation;
   • Selected Carrier: means the airline providing the service of carriage by air with which you enter into a Contract of Carriage;
   • Services: means the Booking facilitation services provided by us on the Website and Mobile App that enable you to purchase Flights and any ancillary services, including TravelSmart Protection;
   • Total Price: means the final price displayed immediately prior to purchase or payment of each Booking, including any ancillary services selected by you during the Booking process, including TravelSmart Protection;
   • Travel Credits: means the non-transferable credit with an assigned value usable for future Bookings on the Website and Mobile App, subject to the General Terms and Conditions and Travel Credit Terms and Conditions;
   • TravelSmart Protection: means an additional service managed by us and fulfilled by a third-party service provider which provides resolution in the event a Flight Disruption, subject to these Terms;
   • Virtual Interlining Itinerary: means an itinerary created by combining two (2) or more separate Flights, often from Selected Carriers who do not have cooperative agreements, resulting in separate Contracts of Carriage and/or multiple PNRs for a single journey; and
   • Website: means the website and platform located at travala.com and all associated domains or subdomains at this URL.

APPLICATION OF TRAVELSMART PROTECTION

1. After we notify you of a Flight Disruption, we will present you with resolution options. To receive the benefits of your TravelSmart Protection, you must select one (1) of the provided options. These options may be time-limited, and failure to select an option within the specified timeframe will void the offer, as outlined in Clause 3.7. The resolution options are:
   1. Instant Travel Credit Refund: the provision of an instant refund in Travel Credits as calculated in accordance with this Clause 3.
   2. Assisted Refund: where we apply for a refund from the Selected Carrier(s) on your behalf. You acknowledge and accept that the recovered amount, processing time, and form of the refund will depend on the terms and policies of the Selected Carrier(s) and/or Applicable Law. Given the fact that the amount, method and processing time of such refunds always depend on the Selected Carrier(s), we cannot and do not guarantee the outcome of such recovery efforts or that any recovered refund will be in the form of a monetary payment (it may, for example, be a travel voucher or airline-specific credits).
2. Should you select the "Instant Travel Credit Refund" option in Clause 3.1(i), the specific resolution available to you under TravelSmart Protection is determined by the time that our third-party service provider learns of the Flight Disruption (as recorded by them and notified to us) (the "Notified Time") relative to the scheduled departure of the first affected Flight.
3. Where the Notified Time is more than five (5) hours before scheduled departure:
   1. for an Itinerary with a Single PNR, you will be entitled to an instant refund in Travel Credits equivalent to the Booking Price.
   2. for a Virtual Interlining Itinerary, you will be entitled to an instant refund in Travel Credits equivalent to the cost of the Best Available Alternative Flight to your Destination.
4. Where the Notified Time is less than five (5) hours before scheduled departure, you will be entitled to an instant refund in Travel Credits equivalent to the cost of the Best Available Alternative Flight to your Destination for all Booking types (i.e., for both an Itinerary with a Single PNR and Virtual Interlining Itinerary).
5. Should you select the "Instant Travel Credit Refund" option in Clause 3.1(i), you agree to assign to us all your rights, titles, and claims against the Selected Carrier(s) arising from or in connection with the Flight Disruption for any refund under your Contract(s) of Carriage and/or Applicable Law. You further agree to provide us with all required and reasonably requested assistance to recover such a refund.
6. Should you select the "Assisted Refund" option in Clause 3.1(ii), you agree to appoint us as your attorney-in-fact and grant us power of attorney and all powers necessary to represent you to the extent necessary for the recovery of the refund from the Selected Carrier(s), limited to the pre-trial phase of recovery. You also agree to assign to us all your rights to any such refund and agree to bestow us with written authority if required. If a written power of attorney is required by the Selected Carrier(s) or on our request, you agree to bestow us with such authority in writing in a form prescribed by us. Additionally, you expressly agree that we are allowed to carry out any and all actions that may be necessary or incidental to practically recovering the amount in your name, including but not limited to using the customer contact channels of the Selected Carrier(s) and/or filing chargebacks.
7. The resolution options presented to you may be time-limited. Any such time limit will be indicated by us in our correspondence with you. Should you fail to select a resolution option within the stipulated time period, the offer will expire, and your right to any resolution under TravelSmart Protection for that specific Flight Disruption shall lapse.

SPECIAL CONDITIONS FOR VIRTUAL INTERLINING ITINERARIES

1. When your Booking is a Virtual Interlining Itinerary, you acknowledge and agree that:
   1. during layovers, you will be required to collect any checked baggage from the baggage claim and re-check it for your subsequent Flight; and
   2. you may be required to exit the transit zone, pass through immigration and customs, and officially enter the layover country to collect your baggage and check in for your next Flight. You are solely responsible for ensuring you possess any necessary visas or other travel documents to meet the entry requirements of all layover countries in your itinerary.

CONDITIONS AND LIMITATIONS

1. Our obligation to provide a resolution under TravelSmart Protection is strictly conditional upon your full compliance with these Terms.
2. By purchasing TravelSmart Protection, you hereby instruct and authorise us to perform any and all actions on your behalf necessary to provide the resolution services under these Terms. This includes, without limitation, brokering and concluding necessary contracts with our third-party service providers, managing your Booking with the Selected Carrier(s) in the event of a Flight Disruption, and sharing any information provided by you for these purposes.
3. TravelSmart Protection shall automatically expire and be rendered null and void, with no resolution due, if you:
   1. make any changes to your itinerary or contact details directly with a Selected Carrier without our prior written consent;
   2. add any check-in baggage to a Booking designated as a No Check-In Baggage Itinerary; and/or
   3. cannot travel or miss your trip due to your own acts or omissions, including but not limited to, failure to show up for a Flight or connecting Flight, failure to hold valid travel documents and/or visas, meet entrance requirements applicable to your destination country or countries through which you are transiting through, and/or arriving late for a Flight or connecting Flight.
4. You are not eligible for any resolution under TravelSmart Protection if you have already accepted an alternative flight, claimed a refund, or otherwise settled the matter directly with the Selected Carrier for the disrupted Flight(s).
5. TravelSmart Protection does not apply, and we shall be fully absolved of any liability hereunder, in the event of a Flight Disruption caused by extraordinary circumstances affecting the third party service providers involved in the completion of your itinerary or the fulfillment of TravelSmart Protection ("Force Majeure Events"). Force Majeure Events include but are not limited to cases of political instability, meteorological conditions incompatible with the operation of the Flight(s) concerned, security and health risks, unexpected transport safety shortcomings, and strikes that affect the operation of a carrier or an airport, limitations of airport(s), train or bus station(s) and/or operations of other places of transition, as well as bankruptcy, insolvency or termination of fifty percent (50%) or more of all Flights of the Selected Carrier or any other effect which significantly limits or disables the Selected Carrier from providing its services. We have sole discretion to determine if a Force Majeure Event has occurred. Notwithstanding, your rights against the Selected Carrier(s) (if any) may not be affected.
6. We reserve the right, in our sole discretion, to refuse a resolution or void your TravelSmart Protection where we reasonably believe you are, or may be, in breach of these Terms or are attempting to use this service in a fraudulent or abusive manner. Our determination as to whether an event qualifies as a Flight Disruption and whether you have complied with these Terms shall be final and binding.

RESOLUTION AND OUR OBLIGATIONS

1. The resolution options provided in Clause 3 constitute the full extent of the benefits offered under TravelSmart Protection.
2. Should you select the "Instant Travel Credit Refund" option in Clause 3.1(i), the provision of Travel Credits shall constitute our full and final obligation to you under these Terms.
3. You hereby acknowledge that you are not entitled to any monetary refund or any other form of compensation from us in relation to any Flight Disruption. Your only path to a potential monetary refund is by selecting the "Assisted Refund" option in Clause 3.1(ii), the outcome of which is dependent on the terms and policies of the Selected Carrier(s) and/or Applicable law and is not guaranteed by us.

REPRESENTATIONS AND WARRANTIES

1. By purchasing TravelSmart Protection, you represent and warrant that:
   1. you are at least eighteen (18) years of age;
   2. you have the full right, legal capacity, and authority to agree to these Terms;
   3. you are not a resident of, nor are you located in, any jurisdiction where purchasing or benefiting from this service is unlawful or restricted under Applicable Law;
   4. you are compliant with all Applicable Laws to which you are subject in your respective jurisdiction; and
   5. you agree that any information provided by you to us may be shared with any of our third-party service providers and/or affiliated or related entities for the purpose of providing this service, or with Governmental Authorities to comply with any Applicable Law.

LIMITATION OF LIABILITY AND INDEMNIFICATION

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ADDITION TO CLAUSE 5.2, UNDER NO CIRCUMSTANCES SHALL TRAVALA.COM OR ITS AFFILIATED OR RELATED ENTITIES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH ANY FLIGHT DISRUPTION OR THE PROVISION OF TRAVELSMART PROTECTION.
2. THE LIMITATION OF LIABILITY UNDER THIS CLAUSE 8 APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRAVALA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. You agree to fully defend, indemnify, and hold harmless us and our affiliated and related entities (including our affiliated, subsidiary, and/or parent companies) and their respective directors, officers, employees, contractors, agents, representatives, and their respective successors and assigns from and against any and all losses, damages, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of any kind, including legal fees and disbursements on a full indemnity basis, which arise from, or in connection with, your breach or alleged breach of these Terms, your violation of any Applicable Law or the rights of any third parties, and/or any other act or omission by you which is related or incidental to the subject matter of the Terms herein, whether or not involving a third party. This indemnification also applies to any of the aforementioned that could have been mitigated by your reasonable efforts but were not. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which an indemnity arises or is claimed by us, and you agree to cooperate with our defence of any such matter.

MISCELLANEOUS

1. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from us. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Entire Agreement. These Terms constitute the entire agreement between the parties with regard to the subject matter and supersede all prior written or oral agreements (whether express or implied) between the parties. In agreeing to these Terms, each party acknowledges that it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
3. Severability. If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
4. Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to exercise or enforce any provision of these Terms shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
5. No Joint Venture. No joint venture, partnership or agency relationship of any kind is created or arises as a result of your use of the Services.
6. Data Processing. You accept that any data or information that you provide when using or accessing the Website or Mobile App shall be processed in accordance with our Privacy Policy, which is incorporated by reference into these Terms. You represent and warrant that you have read and understood our Privacy Policy.
7. Governing Law and Dispute Resolution. These Terms and the arbitration agreement are governed by and shall be construed in accordance with the laws of the Republic of Singapore. You agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore without regard to any choice or conflict of laws rules. You accept that any dispute, controversy or claim between you and Travala.com and/or its affiliated and related entities, whether contractual or non-contractual, arising out of or in connection with these Terms, or its existence, validity, interpretation, performance, breach, or enforceability ("Dispute") shall first be attempted to be resolved confidentially and in good faith through our internal dispute resolution procedures by Contacting Us. If the Dispute cannot be resolved through our internal dispute resolution procedures, the Dispute shall then be submitted to binding arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") for the time being in force. In the event you initiate a claim against Travala.com or its affiliated and related entities through SIAC arbitration, you agree to be responsible for the payment of all SIAC filing fees associated with such claim.

   The seat of arbitration shall be Singapore;

   The tribunal shall consist of one (1) arbitrator, to be appointed by the SIAC; and

   The language of the arbitration shall be English.

8. Class Action Waiver. You accept that any Dispute shall be brought against us in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such Disputes to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration shall not be permitted without our consent. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement in Clause 9.7 will remain in force.