Privacy Policy

Effective as of November 1, 2024

We know that sharing your personal information with us is based on trust. We take this seriously and are committed to ensuring that we respect your privacy when you visit our website or use our services. Please review this privacy and cookies statement (“Statement”)  carefully to learn about our privacy practices.

We operate an online service that provides users (“you,” “your”) with recommendations for travel and travel planning, including hotels, holiday rentals and other accommodations, attractions and experiences, restaurants, flights, cruises, travel guides and lots more. In this Statement, these are collectively referred to as our Services.

Our Services are owned and operated by Smarter Travel Media LLC. By visiting our websites, including without limitation, SmarterTravel, BookingBuddy, Airfarewatchdog, What To Pack, Family Vacation Critic, Holiday Watchdog, OneTime, and Oyster, and related applications, whether on a computer, phone, tablet or similar device (these are all referred to as a “Device”), you are accepting the practices described below.

As a global company, we operate in a number of countries and territories where the laws and customs differ. This Statement provides a general overview of our privacy practices; you can view certain country-specific information by selecting your place of residence in the jurisdiction links at the bottom of this Statement.

Information Collected

When you access or use our Services, we collect information from and about you to provide a more personalised and relevant experience. Some information we collect automatically. Other information we collect from different sources, including affiliated entities, business partners and other independent third-party sources. When you use our Services by “clicking-through” from a third-party site or when you visit third-party sites via our Services, those third-party sites may share information with us about your use of their service. Information collected may include the following:

  • Contact information, including name, phone number and postal and email addresses
  • Billing or payment information (such as your credit card number, cardholder name, expiration date, authentication code and billing address)
  • Username and password
  • Demographic and profile data (such as state, zip code, age, date of birth, or gender)
  • Photos, reviews, forum and social posts and videos you may have provided to us
  • Geolocation information
  • Device information, such as when you accessed our Services and information about the Device used (for example, IP address, software or internet browser used, preferred languages, unique Device identifiers and advertising identifiers)
  • Online activity, including pages you have visited and referring websites    
  • Purchasing and booking history
  • Information about your travel plans and preferences

We may also collect, in instances where you have provided it, information about other travellers, including their email address and other travel-related information. If you are sharing information with us about other individuals, you must obtain their consent. You must obtain the consent of any other individuals if you are providing their data to us.

In addition to the categories noted above, we may also collect location information if you have instructed your Device to send such information via the privacy settings on that Device, or, for example, if you have uploaded photos tagged with location information. We may use your location information directly and/or share your location with third parties. We collect and share location information in order to provide you with relevant content, to analyze your use of our Services, to improve our Services and to provide contextual advertising or recommendations. For example, we may use your location to show you reviews of hotels, restaurants or attractions near you when you are travelling.

You can change the privacy settings of your Device at any time in order to turn off the functionality that collects and shares location information and/or the functionality to tag your photos with location information. However, turning off location-sharing may affect certain features that we offer. If you have any questions about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.

Please see the section on Cookies below for more information regarding the use of cookies and other technology described in this section, including regarding your choices relating to such technologies.

Information Uses

We are committed to providing you with relevant content on our Services and respect the data privacy laws of the different jurisdictions in which we operate. We use information about you so we can help you enjoy and use our Services, including in the following ways:

  • Register and manage your account, including to allow you access to and use of our Services
  • Facilitate your bookings
  • Measure interest in and improve our Services
  • Notify you about special offers and products or services available from us, our affiliates, or our partners that may be of interest to you
  • Communicate with you
  • Enable communication between registered users and owners/representatives of listings on our Services
  • Enable us to publish your reviews, ratings, forum posts, photos, videos and other content
  • Manage your participation in our events, sweepstakes, incentive and rewards programs, and other promotions
  • Customize your experience, including customizing the ads shown to you on our Services and across the internet
  • Make inferences about your interests or preferences
  • Provide you with an optimized experience and to group users of our Services based on, for example, usage and demographics
  • Send you survey or market research invitations
  • Respond to your questions and comments
  • Resolve disputes or troubleshoot problems
  • Comply with legitimate and enforceable subpoenas, court orders, or other legal process
  • Prevent potentially prohibited or unlawful activities
  • Enforce our terms of use and notices; and as otherwise described to you at the point of collection

Please note some information about you is required in order for us to provide you with relevant offerings from us, our affiliates and our partners and to enable you to enjoy other benefits of being a registered user. Please review the “Information Choices” section below with respect to your choices related to the collection and use of your information.

Information Sharing

In order to provide some of our Services, we may need to share information with certain other third parties, including our group of companies, in the following circumstances:

  • Our Group of Companies. We share information with companies in our corporate family so we can provide you with information about products and services, both travel-related and others, which might interest you. These companies and websites will comply with this Statement and all applicable laws governing the transmission of promotional communications.
  • Suppliers. We share information with certain suppliers used to facilitate our Services, including to help with transactions, such as any reservations you might make, for example, sharing data with a restaurant if you make a reservation using our Services.
  • Business Partners. We may share information about you, your Devices and your use of our Services with our trusted business partners. For example, we may share information so that we can provide you with relevant content or in order to facilitate payment for products or services you may purchase on the websites of our partners. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, note that we do not control the privacy practices of these third-party business partners.
  • Social Media Sites. When you use our Services and elect to share information with third-party social media sites, the information you share will be governed by the privacy policies of those social media sites and the privacy settings you have set with those social media websites.
  • Advertising Networks. We sometimes collect and share information about your interests with advertising networks. Some of these companies are members of the Network Advertising Initiative or the Digital Advertising Alliance, which offer a single location to opt-out of ad targeting from member companies. To learn more, please click here.
  • Other third parties, such as referring websites. Third parties may also assist us in collecting information by, for example, operating features of our website or facilitating the delivery of online advertising tailored to your interests. We may share audience segments and other information with third parties that use that information for tailored advertising to you.

Third parties may only collect or access information as needed to perform their permitted functions.

Certain Device operating system versions permit you to opt out of certain types of information sharing, including to certain advertising networks. Please check your Device settings if you want to limit such tracking.

When you use our site, we share information that we collect from you, such as your
email (in hashed form), IP address or information about your browser or operating system,
with our identity partners/service providers, including LiveRamp Inc. LiveRamp returns an
online identification code that we may store in our first-party cookie for our use in online,
in-app, and cross-channel advertising and it may be shared with advertising companies to
enable interest-based and targeted advertising. To opt out of this use, please click here.

Information Choices

You have options with respect to the collection and use of your information. You can access, update and even close your account by visiting your profile or account page on each of our websites.

Your options:

●    You may choose the way we communicate with you. You can choose not to provide us with certain information, although it may be needed to take advantage of certain features offered on our websites.

●    You can prevent the collection of geolocation information, but note that turning off location sharing may affect certain features of our Services.

●    You also can add or update information and close your account. If you close your account, we will deactivate your account and remove your profile information from active view. We may retain some information associated with your account (including past transactions) for internal purposes including backups, fraud prevention, dispute resolution, investigations and legal compliance for the period necessary to fulfil the purposes outlined in this Statement.

●    As a registered user, you can modify your marketing subscriptions, including email subscription choices, at any time within your account settings. You also will be given the opportunity to unsubscribe from promotional messages, including emails with travel-related opportunities, in any such email we send.

Information Transfers

We are a global company and we operate in many different jurisdictions. If we transfer your information to other countries, we will use and protect that information as described in this Statement and in accordance with applicable law.

Information Security

We have implemented appropriate administrative, technical and physical security procedures to help protect your information.

We only authorize specific employees to access personal information and they may do so only for permitted business functions. We use encryption when transmitting your information between your system and ours, and between our system and those of the parties with whom we share information. We also employ firewalls and intrusion detection systems to help prevent unauthorised access to your information. However, we cannot guarantee the security of information from unauthorized entry or use, hardware or software failure or other circumstances outside of our control.

Information Retention

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in this Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise or defend any legal rights.

Do Not Track Signals

Our websites are not designed to currently respond to “Do Not Track” (“DNT”) signal requests from browsers. This is due to the lack of global standardized interpretation that defines “Do Not Track” signals. Once the industry has settled on standards related to this issue, we may re-evaluate this approach.

Cookies

We want your access to our Services to be as easy, efficient and useful as possible. To help us do this, we use cookies and similar technologies to improve your experience, to enhance site security and to show you relevant advertising.

What are cookies?

Cookies are small text files that are automatically placed on your Device when you visit almost any website. They are stored by your internet browser and contain basic information about your internet use. Your browser sends these cookies back to a website every time you revisit it, so it can recognise your Device and improve your experience by, among other things, providing you with personalized content. We also use cookies to remember your login details, so you don’t have to re-enter them repeatedly when you use our Services. Other cookies help us understand your preferences.

The cookies we use fall into four categories.

Category Example
Strictly Necessary Cookies These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Performance Cookies These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Functional Cookies These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Statement Changes and Notification

We may update this Statement in the future. If we believe any changes are material, we will let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on our websites and/or posting an updated Statement. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on our privacy practices.

Contact

If you have a data privacy request, such as a request to delete or access your data, or a general question concerning our Privacy and Cookies Statement, please contact our privacy team by clicking here. Alternatively, you can write in a request or question and mail it to:

Airfarewatchdog, c/o SmarterTravel
Attn: Compliance
One Kendall Square, Suite B2210
Cambridge, MA 02139-1571

EUROPE

General Data Protection Regulation Privacy Statement (“GDPR Statement”)

This GDPR Statement applies to persons in the European Economic Area (“EEA”), including those based in the United Kingdom. This GDPR Statement supplements our Statement; however, where the Statement conflicts with the GDPR Statement, the GDPR Statement will prevail as to persons in the EEA.

Controller of Personal Information

Smarter Travel Media LLC is the data controller of the personal information we collect, however, in accordance with applicable data privacy law, we have appointed a representative within the European Union.

To give you control, we provide you with a Cookie Consent Tool, which allows you to review the first-party and third-party cookies placed through our website and adjust your cookie settings, including whether to accept such cookies or not.

You can access the Cookie Consent Tool at any time through the “Cookie Preferences” link at the bottom of the homepage on our  websites or in our cookie banner. In addition, you can manage cookies through the settings of your internet browser. You can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies.

Most advertising networks offer you a way to opt out of advertising cookies. See www.aboutads.info/choices/and http://www.youronlinechoices.com/ for useful information on how to do this.

If you delete your cookies, your access to some functionality and areas of our Services might be degraded or restricted.

Our use of any information we collect through cookies is subject to this Statement, which is linked on every page of our website.

Your rights under GDPR

You have certain rights regarding your personal data.

Your rights with respect to your own personal data include the following:

  • The right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
     
  • The right to request to correct your personal data if it is inaccurate. You may also supplement any incomplete personal data we have, taking into account the purposes of the processing.
     
  • The right to request the deletion of your personal data if:
    • your personal data is no longer necessary for the purposes for which we collected or processed it; or
    • you withdraw your consent if the processing of your personal data is based on consent and no other legal ground exists; or
    • you object to the processing of your personal data and we do not have an overriding legitimate ground for processing; or
    • your personal data is unlawfully processed; or
    • your personal data must be deleted for compliance with a legal obligation.
       
  • The right to object to the processing of your personal data. We will comply with your request, unless we have a compelling, overriding, legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.
     
  • The right to restrict the processing of personal data, if:
    • the accuracy of your personal data is contested by you, for the period in which we have to verify the accuracy of the personal data; or
    • the processing is unlawful and you oppose the deletion of your personal data and request restriction; or
    • we no longer need your personal data for the purposes of processing, but your personal data is required by you for legal claims; or
    • you have objected to the processing, for the period in which we have to verify overriding legitimate grounds.
       
  • The right to data portability. You may request that we send this personal data to a third party, where feasible. You only have this right if it relates to personal data you have provided to us where the processing is based on consent or necessity for the performance of a contract between you and us, and the processing is conducted by automated means.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights described in this Statement). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In an effort to speed up our response, we may also contact you to ask you for further information in relation to your request. You can exercise several of your rights through the personal information section of your account. To exercise your other rights you can file a request by clicking here.

Information Uses

We will only use your personal data when the law allows us to.

Pursuant to GDPR, we will use your personal data in one or more of the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
  • Where we need to comply with a legal or regulatory obligation
  • With your consent

International Transfers

Your personal data may be stored or transferred to countries outside the EEA for the purposes described in this Statement. When we store or transfer your personal data outside the EEA, we take the following precautions to ensure that your personal data is properly protected.

Whenever we store or transfer your personal data outside the EEA, we will do so in accordance with applicable law and we will ensure a similar degree of protection is afforded to it by implementing appropriate safeguards. Transfers of personal data are made:

  • to a country recognised by the European Commission as providing an adequate level of protection; or
  • to a country which does not offer adequate protection but whose transfer has been governed by the standard contractual clauses of the European Commission or by implementing other appropriate cross-border transfer solutions to provide adequate protection.

By using our services, you understand that your personal data may be transferred to our facilities and those third parties with whom we share it as described in this Statement.

CALIFORNIA

California Consumer Privacy Act Privacy Statement (“CCPA Statement”)

This CCPA Statement is provided pursuant to the California Consumer Privacy Act (“CCPA”) and applies to California residents and supplements our overall Statement with additional disclosures and rights.

Your rights under CCPA

As of 1st January 2020, California law permits residents of California to request certain details about how their personal information is shared with third parties or affiliated companies for direct marketing purposes.

California residents may also take advantage of the following rights:

  • You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we have disclosed for a business purpose, any categories of personal information about you that we have sold, the categories of third parties with whom we have shared your personal information and the business or commercial purpose for selling your personal information, if applicable.
  • You may request that we delete any personal information that we have collected from or about you. As described in more detail in our Statement, there are some reasons for which we will not be able to fully address your deletion request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights or to comply with a legal obligation. You can also access, update, and remove your information by visiting your profile or account page on each  of our websites.
  • You may request to opt out of our sale of your personal information to third parties for their direct marketing purposes. This means that, if you opt out, going forward, we will not share your information with such third parties to use for their purposes unless you later direct us to do so. To effect the opt out, please click on the Do Not Sell My Info link on our website footer or submit a request in writing to the contact information below.

We value your privacy and will not discriminate in response to your exercise of privacy rights.

Disclosures

For purposes of compliance with the CCPA, in addition to the further details as described in the Statement, we make the following disclosures:

  • We collect the following categories of personal information: Identifiers/Contact Information, transactional information, Internet or other electronic network activity information, geolocation, visual and audio information and inferences drawn from the above.
  • We sell the following categories of personal information: Identifiers/Contact Information, Internet or other electronic network activity information and inferences drawn from the above.
  • We disclose the following categories of personal information for a business purpose: Identifiers/Contact Information, commercial information, Internet or other electronic network activity information, geolocation, visual and audio information and inferences drawn from the above.

Advertisement

All or partial advertising on this Website or App is managed by Playwire LLC. If Playwire publisher advertising services are used, Playwire LLC may collect and use certain aggregated and anonymized data for advertising purposes. To learn more about the types of data collected, how data is used and your choices as a user, please visit https://www.playwire.com/privacy-policy.

SmarterTravel believes in protecting your privacy. To understand our practices, please go to https://www.smartertravel.com/privacy-policy/ to review our current Privacy Policy, which applies to your use of Airfarewatchdog and any information you provide on or through the Site.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

The Site may contain discussion forums, bulletin boards, review services, and/or similar areas (collectively, “Interactive Areas”) in which you, fellow users, and/or other third parties may post reviews of travel experiences and/or other content, including messages and comments. If and when Airfarewatchdog provides access to such Interactive Areas, you are solely responsible for your use of them, which is at your own risk. By accessing or otherwise using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following: Any messages, data, text, music, sound, photographs, graphics, videos, code or other materials (collectively, “Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law, including without limitation the regulations of the United States Securities and Exchange Commission (“SEC”) or any rules of a securities exchange such as the New York Stock Exchange (“NYSE”) or the NASDAQ; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Airfarewatchdog or any other SmarterTravel brand; Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations; Private information of any third party(ies), including without limitation surnames, addresses, telephone numbers, email addresses, Social Security numbers, or credit card numbers; Viruses, corrupted data or other harmful, disruptive, or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content or any link to Content that, in the sole judgment of SmarterTravel, (a) violates any of the foregoing restrictions, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) may expose SmarterTravel or its users to any harm or liability of any type. SmarterTravel takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto (or arising therefrom), nor is SmarterTravel liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the Site. As a provider of interactive services, SmarterTravel is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page, or other Interactive Area(s). Although SmarterTravel has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area(s) on Airfarewatchdog, it reserves the right, and has absolute discretion, to remove, screen, or edit without notice any Content posted or stored on the Site at any time and for any reason. You acknowledge that any exercise of that right by us is not intended to recommend or promote any particular user Content (or compilation thereof), and should not be construed as expressive activity on our part. You are solely responsible, at your own cost and expense, for creating backup copies of and replacing any Content you choose to post on or upload to the Site. To the extent retained on Airfarewatchdog, we reserve the right at all times to disclose any and all such information as necessary to satisfy any applicable law, regulation, legal process, or valid governmental request. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Content posted, stored, or uploaded by you on the Site, you hereby declare that (a) you do not require that any personally identifying information be used in connection with such Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of such Content by SmarterTravel or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content so posted, stored, or uploaded by you; and (d) you forever release SmarterTravel and its licensees, successors, and assigns, from any claims that you could otherwise assert against it or them by virtue of any such moral rights. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing restrictions violates these Terms of Use and may result in, among other things, termination or suspension of your access to the Interactive Areas and/or the Site. In order to (a) cooperate with legitimate governmental requests, third-party subpoenas, or court orders, (b) protect Airfarewatchdog’s systems and users, and/or (c) ensure the integrity and operation of its business(es) and systems, SmarterTravel may access and disclose any information it considers necessary or appropriate, including without limitation user profile information (e.g., names, email addresses, etc.), IP addressing and traffic information, usage history, and posted or uploaded Content, notwithstanding any contrary interpretation(s) of our Privacy Policy.

INTERNATIONAL TRAVEL DESTINATIONS

When you book international travel reservations with third-party suppliers or plan international trips based in whole or part on your use of the Site, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order. For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. SmarterTravel accepts no liability with respect to any traveler who is refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including any country the traveler may be passing through en route to the traveler’s final destination. It is also your responsibility to consult with a physician of your choosing for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. SmarterTravel urges passengers to investigate and review travel prohibitions, warnings, announcements, and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found online at websites such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov. BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS ON THE SITE, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

CURRENCY CONVERSION

If and when the Site refers to currency conversion or exchange rates, such references are based on various publicly available sources and should be used as guidelines only. Such rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by the Site is believed to be accurate, but SmarterTravel does not warrant or guarantee such accuracy. When you intend to use such information for any financial purpose, we advise you to consult with a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of currency information on the Site for any purpose other than your personal use, and you are expressly prohibited from reselling, redistributing, and/or using any such information for commercial purposes.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS OUR LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION (OR ELSEWHERE IN THESE TERMS OF USE), PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE MAY CONTAIN ERRORS OR OTHER INACCURACIES. SMARTERTRAVEL DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION REGARDING THE HOTEL, AIRLINE, CRUISE, CAR RENTAL, AND ANY OTHER TRAVEL PRODUCTS OR SERVICES DISPLAYED ON THE SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, FLIGHT DETAILS, AND PRODUCT OR SERVICE DESCRIPTIONS). IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE, AND OUR SUPPLIERS MAY DO THE SAME WITH RESPECT TO ANY PENDING RESERVATIONS MADE WITH OR THROUGH THEM WITH INCORRECT PRICING. SMARTERTRAVEL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SMARTERTRAVEL DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS, OR ANY EMAILS SENT BY OR FOR US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE THIRD-PARTY SUPPLIERS PROVIDING TRAVEL-RELATED PRODUCTS OR OTHER SERVICES ON OR THROUGH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SMARTERTRAVEL. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SMARTERTRAVEL HAS NO LIABILITY FOR AND WILL MAKE NO REFUND(S) IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL SMARTERTRAVEL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR WITH ANY DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE (INCLUDING BUT NOT LIMITED TO ANY RELIANCE BY YOU UPON OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY, OF OR USE OF THE SITE), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If SmarterTravel is found liable for any loss or damage that arises out of or is in any way connected with your use of the Site, then in no event will our liabilities exceed, in the aggregate, the greater of (a) the transaction fees (if any) paid to us for the transaction(s) giving rise to the claim(s), or (b) One Hundred Dollars and Zero Cents ($100.00). These limitations of liability reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of SmarterTravel and its/their successors and assigns.

INDEMNIFICATION

You agree to defend and indemnify SmarterTravel (and any of its/their officers, directors, employees and agents) from and against any third-party claims, causes of action, demands, recoveries, losses, damages, fines, penalties, and other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, resulting from: your breach of these Terms of Use or the documents referenced herein; your violation of any law or the rights of a third party; or your use (or misuse) of the Site.

THIRD-PARTY OFFERS AND SITES

Airfarewatchdog is a travel information platform. We do not sell travel products or services. We provide you with information about third-party travel suppliers’ offers, and we may link you to suppliers’ sites. At the time we publish such information, it is believed to be valid. However, we have no control over the suppliers and therefore cannot warrant or guarantee that their offers will not change or become unavailable. Nor are we responsible for their products, services, or website content. Please see suppliers’ sites for their most up-to-date offer information and all applicable terms and conditions. Our Site may contain hyperlinks to certain websites operated by suppliers or other third parties. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or their privacy or other practices. Further, it is up to you to take precautions to ensure that whatever software you download or links you click on (whether from our Site or on any other websites) are free of harmful items such as viruses, worms, trojan horses, and other malware. Our inclusion on the Site of hyperlinks to third-party websites does not imply any endorsement by us of the material on those websites or any association between us and their owners or operators. In some cases you may be asked by a third-party website to link your profile (if any) on Airfarewatchdog to a profile on another third-party site. Choosing to do so is purely optional on your part, and the decision to allow such information to be linked can be disabled (with the third-party site) at any time.

SOFTWARE AVAILABLE ON THE SITE

Unless otherwise specified, the materials on Airfarewatchdog are presented solely to provide information regarding and to promote our services, websites, partners, and other products and services available in the United States, its territories, possessions and protectorates (collectively, the “U.S.”). The Site is controlled and operated by SmarterTravel from its offices in the Commonwealth of Massachusetts in the U.S. We make no representation that any and all materials on the Site are appropriate or available for use outside the U.S. Those who choose to access Airfarewatchdog from outside the U.S. do so on their own initiative, are responsible for compliance with all local laws applicable there, and consent to the potential transfer of data (including personal registration information) across international borders. Software from the Site is further subject to U.S. export regulations and controls. As such, no software from Airfarewatchdog may be downloaded or otherwise exported or re-exported to any countries or parties that are restricted by the U.S. Departments of Commerce, State and/or Treasury (see https://www.trade.gov/consolidated-screening-list). By using the Site, you represent and warrant that you are neither located in or a national or resident of any such country, nor under the control of any such country or party. Any software that is made available for download from the Site (“Software”) and is not identified as third-party software is the copyrighted work of SmarterTravel. Your use of such Software is governed by the terms of any end user license agreement (“License Agreement”) which accompanies or is included with it. You may not install or use any Software unless you first agree to the terms of the corresponding License Agreement. For any Software that is not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms of Use and for no other purpose. Please note that all Software, including without limitation all HTML, XML, Java code and Active X controls contained on the Site, is owned by (or licensed to) SmarterTravel and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE CORRESPONDING LICENSE AGREEMENT(S).

COPYRIGHT AND TRADEMARK NOTICES

The Site and its content are: ©2020-2024 Airfarewatchdog. All rights reserved. SmarterTravel is not responsible for content on websites operated by third parties. AIRFAREWATCHDOG, the dog logo, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of SmarterTravel and/or its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SmarterTravel or the applicable trademark holder. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) may not be copied, imitated, or used, in whole or in part, without the prior written permission of SmarterTravel, which holds rights to the service mark, trademark and/or trade dress of Airfarewatchdog. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. References to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply endorsement, sponsorship or recommendation thereof by Airfarewatchdog.

NOTICES OF POTENTIAL INFRINGEMENT

The procedure outlined below is exclusively for notifying us of your belief that your copyrighted material is being used without permission on Airfarewatchdog. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide the following written information in this order (including section numbers): A clear identification of the copyrighted work you claim was infringed. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. Your contact information (preferably including an email address and telephone number) so that we can reply to your notice. The following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” The following declaration: “I swear, under penalty of perjury, that the information in this notice is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” The signature (or other attestation) of either the owner of the exclusive right that is allegedly infringed, or a person authorized to act on behalf of that owner. Notices of potential copyright infringement on the Site should be sent to our Copyright Agent, either by email at [email protected], or by U.S. mail, postage prepaid, addressed to SmarterTravel, Attn: Copyright Agent, One Kendall Square, Suite B2201, Cambridge, MA 02139-1571. Our Copyright Agent is only authorized to receive and respond to correctly addressed notices containing the information requested above, and is not our registered agent for service of legal process or any other purpose. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), any parties who knowingly materially misrepresent that anything on Airfarewatchdog is infringing their copyrights may be held liable for damages, attorneys’ fees and costs. The same is true for any parties who knowingly materially misrepresent that anything on the Site was removed or disabled by mistake or misidentification.

REPEAT INFRINGER POLICY

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances, the subscriptions or accounts of any Airfarewatchdog users who are deemed to be repeat infringers. In our sole discretion, we may also limit access to the Site by any users who infringe the intellectual property rights of others, whether or not on a repeated basis.

GENERAL

The Site is operated by one or more U.S. entities (each and all of which are referred to herein as “SmarterTravel”), and these Terms of Use shall be governed by the internal laws of the Commonwealth of Massachusetts, where we are headquartered, and applicable federal law. In the event of any legal dispute with us arising out of or relating to Airfarewatchdog and/or your use of the Site (a “Dispute”), you hereby consent to the exclusive jurisdiction and venue of the federal and/or state courts sitting in Boston, Massachusetts, and stipulate to the fairness and convenience of proceedings in such courts. To the extent allowed by applicable law, you agree that you will bring all claims or causes of action based on any such dispute with us within two (2) years from the date on which they first accrued, after which time the claims or causes of action will be barred. Use of the Site is unauthorized in any jurisdiction that would not give effect to all provisions of these Terms of Use, including without limitation the choice-of-law, forum-selection, and limitations provisions contained in this paragraph. You agree that no joint venture, agency, partnership, or employment relationship exists between you and SmarterTravel by virtue of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use limits our right (or obligation) to comply with any applicable law, regulation, legal process, or valid governmental request for information related to your use of the Site, including any data provided to or gathered by us with respect to such use (including identifying information). No waiver by us of any term, condition or notice set forth in these Terms of Use shall be deemed continuing, nor shall it be deemed a waiver of any other term, condition or notice. Any failure by us to assert a right or to exercise discretion in a particular instance shall not waive our right(s) to do so in other instances. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, then such part shall be deemed superseded and replaced by a valid and enforceable provision that most closely matches the intent of the original provision, and all other parts of the Terms of Use shall continue in full force and effect. These Terms of Use constitute the entire agreement between you and SmarterTravel with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SmarterTravel with respect to Airfarewatchdog. In any judicial or administrative proceeding in which some or all of them become relevant, a printed version of these Terms of Use (and any related notice given in electronic form) shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of people, companies, products, or events mentioned on the Site are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

HOW TO REACH US

Site-related correspondence (other than notices of potential infringement) can be mailed to us addressed as follows: Airfarewatchdog, c/o SmarterTravel One Kendall Square, Suite B2210 Cambridge, MA 02139-1571