Terms of Use

PLEASE READ THESE TERMS CAREFULLY. SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING OUR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 20.

1. Acceptance of These Terms

These Terms of Use (these "Terms") are a legally binding agreement between you and Smooth Sailing Travel, LLC, a Florida limited liability company doing business as GoSmart Travel ("GoSmart," "we," "us," or "our"). These Terms govern your access to and use of our websites, including app.gosmart.travel and gosmart.travel, our booking engine, our discovery and social features, our AI-assisted tools, and all related applications, content, and services (collectively, the "Services").

By accessing or using the Services, creating an account, making a booking, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

If you use the Services on behalf of another person (for example, booking travel for a family member, client, or travel companion), you represent that you have authority to bind that person to these Terms and that you have their permission to share their information with us.

2. Who We Are

GoSmart Travel is a travel marketplace operated by Smooth Sailing Travel, LLC, PO Box 729, Nokomis, FL 34274, United States. You can reach us at support@gosmart.travel.

Florida Seller of Travel Disclosure: SMOOTH SAILING TRAVEL LLC DBA GOSMART TRAVEL is registered with the State of Florida as a Seller of Travel. Registration No. ST41843. Fla. Seller of Travel Ref. No. ST41843.

3. Eligibility and Accounts

4. Our Role: We Are a Travel Marketplace

GoSmart sells travel and travel-related services that are provided by independent third parties, including hotels, resorts, accommodation wholesalers, cruise lines, and other travel suppliers (collectively, "Suppliers"). When you book through the Services:

• GoSmart acts as an intermediary and seller of travel. The actual travel services (your stay, cruise, or other travel product) are provided by the Supplier and the property or operator, not by GoSmart.
• Your booking is also subject to the Supplier's and the property's or operator's own terms, conditions, and policies, including check-in requirements, occupancy rules, conduct policies, age requirements, and fees charged at the property. Where those terms are made available to us, we display or link the material ones in the booking flow; you are responsible for reviewing and complying with them.
• GoSmart does not own, operate, manage, or control any hotel, resort, cruise ship, or other travel product, and we are not responsible for the acts, errors, omissions, representations, warranties, or negligence of any Supplier, property, or operator, or for personal injury, death, property damage, or other damages or expenses resulting from them.

Descriptions, photographs, amenity lists, star ratings, and similar content about travel products are provided by Suppliers and other sources. We work to present accurate information, but we do not guarantee that all descriptions, photos, or details are accurate, complete, or current.

5. Pricing

Prices displayed on the Services include our compensation and may differ by customer type (for example, guest, member, or premium member), by when and where you search, and by Supplier. Unless expressly stated otherwise, displayed prices do not include charges collected directly by the property or operator, such as resort fees, local taxes, tourist taxes, incidentals, parking, gratuities, or other pay-at-property charges. Where a Supplier discloses such charges to us, we display them separately before you book; these amounts are estimates, may change, and are payable by you directly to the property or operator.

Travel prices change quickly. A price shown in search results or on a detail page is not guaranteed until your booking is confirmed and payment is authorized. We re-validate price and availability before you pay. If the price changes between your search and checkout, we will show you the updated price before you commit.

6. Bookings, Payments, Cancellations, and Refunds

7. Discovery, Boards, Sharing, and Social Features

The Services include discovery and social features, such as an inspiration feed, swipe-based matching, saved boards and collections, trip sharing, travel-personality profiles, comparisons, and public share pages. By using these features you understand and agree that:

• Public share links are public. When you share a board, collection, trip idea, travel-personality card, or similar item using a share link, anyone with the link can view the shared content without logging in, and it may display your first name, profile details you have chosen to share, and the content of the shared item. Search engines and third parties may access public pages.
• Shared content can be interacted with. People you share with (and, for public links, anyone with the link) may be able to react to, swipe on, save, or re-share the content you share.
• Member-to-member sharing. If you send content to another member, it will appear in their account. If you invite someone who is not yet a member by email, we will send them an invitation on your behalf; you represent that you have their permission to provide us their email address for that purpose.
• Personalization. Your activity on discovery features (such as saves, swipes, and views) is used to personalize your experience, as described in our Privacy Policy.
• We may curate, feature, re-rank, or remove content from discovery surfaces at our discretion.

8. AI-Assisted Features

The Services may include AI-assisted features, such as a conversational concierge that helps you search and plan. AI outputs are generated automatically, may be inaccurate or incomplete, and are provided for convenience only. They are not professional, legal, medical, or travel-safety advice. Always verify important details (prices, dates, policies, entry requirements) in the booking flow or with official sources before relying on them. Usage limits may apply to AI features, and we may modify or discontinue them at any time.

9. User Content

10. Advertiser and Partner Content

If you are an advertiser, property, brand, tourism organization, or other commercial partner ("Advertiser") that submits or uploads content, offers, media, or listings to the Services ("Advertiser Content"), the following applies in addition to the rest of these Terms and any separate advertising or partnership agreement you sign with us (which controls over these Terms if there is a conflict):

• You grant GoSmart the same license to Advertiser Content as is set out in Section 9.2 for User Content.
• You represent and warrant that your Advertiser Content is accurate and not misleading; complies with all applicable laws, including advertising, consumer-protection, and travel-marketing laws; and does not infringe any third party's rights. You are solely responsible for the claims, prices, and offers in your Advertiser Content and for honoring them.
• We may label, position, rank, restrict, reject, or remove Advertiser Content at our discretion, and placement on the Services does not constitute endorsement by GoSmart.
• Advertisers may receive access to aggregated performance reporting. Advertisers do not receive personal information about users except as described in our Privacy Policy or a separate written agreement.

11. Agents, Affiliates, and Content Creators

The Services may be used by independent travel agents and specialists working with GoSmart, and by affiliates and content creators who share referral links or create content (collectively, "Program Participants").

• Separate agreements control. Participation in any agent, affiliate, or creator program is governed by a separate written agreement (covering commissions, payouts, conduct, and termination). If there is a conflict between that agreement and these Terms, the separate agreement controls for program matters. These Terms continue to govern the Program Participant's use of the Services.
• Independent contractors. Program Participants are independent contractors, not employees, partners, or joint venturers of GoSmart, and have no authority to bind GoSmart or make promises on its behalf beyond what their agreement expressly allows.
• Referral links and attribution. If you arrive at the Services through an agent, affiliate, or creator link, that referral may be recorded and associated with your session, account, and bookings so the referring party can be credited, as described in our Privacy Policy. Bookings you make remain between you, GoSmart, and the Supplier.
• Disclosures. Program Participants must comply with all applicable disclosure requirements when promoting the Services, including the FTC's endorsement and testimonial guidelines, and must not make earnings claims, price guarantees, or statements about travel products that GoSmart has not approved.
• Client data. Agents and other Program Participants who access customer information through the Services may use it only to serve those customers through GoSmart and consistent with our Privacy Policy, and must keep it confidential.

12. Acceptable Use

You agree not to, and not to attempt to or help anyone else to:

• Use the Services for any unlawful, fraudulent, or deceptive purpose, including making speculative, false, or fraudulent bookings or bookings in anticipation of demand;
• Access or use the Services to build, benchmark, or train a competing product, or scrape, crawl, harvest, or systematically extract data (including prices, availability, or content) by any automated or manual means without our prior written consent;
• Circumvent, disable, or interfere with security or access controls, rate limits, or booking limits, or probe or test the vulnerability of any system;
• Reverse engineer, decompile, or disassemble any part of the Services;
• Upload viruses, malware, or other harmful code, or interfere with the integrity or performance of the Services;
• Impersonate any person or entity, misrepresent an affiliation, or use another user's account or credentials;
• Post or share content that is illegal, infringing, defamatory, obscene, sexually exploitative, hateful, harassing, threatening, or that endangers minors, or that violates any person's privacy or publicity rights;
• Post or share content that promotes or facilitates illegal activity, including the sale or use of illegal drugs, illegal weapons, counterfeit goods, or human trafficking;
• Collect, harvest, or disclose personal information about other users, or use information about other users for any purpose other than using the Services as intended;
• Solicit other users for commercial purposes, recruit users to third-party products or services, or divert bookings, customers, or business away from the Services, in each case without our prior written consent;
• Use the Services to send spam or unauthorized commercial communications;
• Resell, sublicense, or commercially exploit the Services or content from the Services, except as expressly permitted in a written agreement with us; or
• Use any content from the Services (including images and descriptions) outside the Services without authorization.

We may investigate violations, throttle or block activity, remove content, cancel bookings made in violation of this section, suspend or terminate accounts, and cooperate with law enforcement.

13. Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice compliant with the Digital Millennium Copyright Act to our designated agent: Copyright Agent, Smooth Sailing Travel, LLC, PO Box 729, Nokomis, FL 34274, or support@gosmart.travel with the subject line "DMCA Notice." Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Services; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove allegedly infringing content, notify the user who posted it, accept counter-notices as provided by law, and terminate repeat infringers’ accounts.

14. Our Intellectual Property

The Services, including all software, design, text, graphics, logos, trademarks, images we license or own, data compilations, and the selection and arrangement of content, are owned by GoSmart or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use (or, for Program Participants and Advertisers, as permitted by your agreement with us). No other rights are granted. "GoSmart Travel," our logos, and our product names are trademarks of Smooth Sailing Travel, LLC; you may not use them without our prior written permission.

15. Third-Party Services and Links

The Services rely on and may link to third-party services, including Suppliers, payment processing, identity and sign-in providers, mapping, and communications platforms. Third-party services are governed by their own terms and privacy policies, and we are not responsible for them. References or links to third parties do not imply endorsement.

16. Communications

By creating an account, making a booking, or otherwise providing your contact information, you consent to receive transactional and service communications from us (such as booking confirmations, vouchers, cancellation notices, payment notices, security alerts, and responses to your inquiries) by email and other channels you provide. With your consent where required by law, we may also send you marketing communications; you can opt out of marketing at any time using the unsubscribe link or by contacting support@gosmart.travel. Opting out of marketing does not stop transactional messages about your bookings and account. If we offer text/SMS notifications, separate consent and terms (including message frequency and data rates) will be presented at opt-in, and you may opt out by replying STOP.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, GOSMART DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT CONTENT (INCLUDING PRICES, AVAILABILITY, PROPERTY DESCRIPTIONS, PHOTOS, AND AI-GENERATED OUTPUTS) IS ACCURATE, COMPLETE, OR CURRENT; OR THAT ANY TRAVEL PRODUCT WILL MEET YOUR EXPECTATIONS. GOSMART IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUPPLIERS, PROPERTIES, OPERATORS, OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) GOSMART AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) GOSMART'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO GOSMART FOR THE BOOKING GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless GoSmart and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or applicable law; (c) your User Content or Advertiser Content; (d) your violation of any third party's rights; or (e) bookings you make for or information you provide about other people. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, in which case you will cooperate with our defense.

20. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND GOSMART TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.

21. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-laws principles. For any Dispute that is not subject to arbitration (including if you opt out under Section 20.6, small-claims matters exceeding that court’s jurisdiction, and claims for injunctive relief regarding intellectual property), you and GoSmart consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Sarasota County, Florida, and waive any objection to that venue.

22. International Users

The Services are operated from the United States and are directed to users in the United States. We make no representation that the Services or any content are appropriate or available in other locations. If you access the Services from outside the United States, you do so on your own initiative, you are responsible for compliance with local laws, and you understand that your information will be transferred to and processed in the United States as described in our Privacy Policy.

23. Suspension and Termination

You may stop using the Services or delete your account at any time. We may suspend or terminate your account or your access to all or part of the Services at any time, with or without notice, if we reasonably believe that: (a) you have violated these Terms, our policies, or applicable law; (b) your conduct creates risk, harm, or possible legal exposure for GoSmart, our users, Suppliers, or others; (c) you are a repeat infringer of intellectual-property rights; (d) suspension or termination is required by law; or (e) we discontinue all or part of the Services. Termination does not affect bookings already confirmed except as provided in these Terms or the applicable cancellation policy. Sections that by their nature should survive termination (including Sections 9.2, 13, 14, and 17 through 25) survive.

24. Changes to the Services and These Terms

We are continuously improving the Services and may add, change, or remove features at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice as appropriate, such as by posting the updated Terms on the Services with a new "Last Updated" date, or by emailing account holders. Changes take effect when posted unless a later date is stated. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. Material changes to Section 20 (arbitration) will not apply to Disputes that arose before the change, and a new 30-day opt-out window will apply to material arbitration changes.

25. General

These Terms, together with the Privacy Policy and any additional terms presented for specific features or programs, are the entire agreement between you and GoSmart regarding the Services and supersede prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, sale of assets, or by operation of law. Nothing in these Terms creates any partnership, employment, or agency relationship. Notices to you may be provided by email to the address on your account or by posting on the Services.

26. Contact Us

Smooth Sailing Travel, LLC DBA GoSmart Travel

PO Box 729, Nokomis, FL 34274, United States

Email: support@gosmart.travel

SMOOTH SAILING TRAVEL LLC DBA GOSMART TRAVEL is registered with the State of Florida as a Seller of Travel. Registration No. ST41843.