Billing Legal Notice | Legal Terms of Engagement

1. Dispute Resolution & Jurisdiction

All disputes arising out of or related to this Agreement shall be resolved exclusively in the State of Florida, in the jurisdiction of Orange County. The Customer waives all rights to:

• Mediation
• Arbitration
• Informal or extrajudicial resolution

Any legal proceedings must be brought in a Florida state or federal court, and the prevailing party will be entitled to full recovery of legal costs, including attorney fees, expert witness fees, court costs, and travel expenses.

This clause is enforceable under The U.S. Supreme Court ruling in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) affirming the validity of forum-selection clauses in service agreements.

2. Cancellation & Non-Performance Fee

If the Customer cancels for any reason, a non-refundable cancellation fee equal to 30 days' service charges will be applied. This clause is strict and applies regardless of:

• Notice period given
• Reason for cancellation (including illness, travel interruption, dissatisfaction, or acts of God)
• Whether services have partially commenced

There shall be no waiver or refund of this fee under any condition. This section is compliant with Florida Statutes § 672.718(1) regarding liquidated damages in service contracts.

3. Payment Terms & Interest Penalties

Payment in full is due upon service completion or on the invoice due date, whichever occurs first.

• Balances unpaid after the due date will incur a 3% compound daily interest charge, enforceable until the date of full payment.
• The Customer forfeits any right to withhold or dispute payment due to perceived dissatisfaction unless legally adjudicated.
• All payment obligations survive cancellation or termination of services.

4. Definition of Service Fulfillment

Services are deemed fully rendered when any combination of the following occurs:

• VIP guidance provided at Walt Disney World or Universal Orlando Resort
• Ride scheduling, Lightning Lane reservation assistance, or queue navigation
• In-park itinerary coordination
• Commute management between theme parks or affiliated hotels
• Custom dining or experience planning
• Real-time response and logistics management on the day of service

Disruptions outside of our control, including but not limited to weather delays, technical outages, and park-side operational changes, do not constitute service failure. In line with the force majeure protections outlined in Florida contract law, no refunds or credits will be issued for the following:

• Ride closures or operational delays
• My Disney Experience, Genie+, or Virtual Queue system errors
• Universal Orlando Express Pass malfunctions or blackout exclusions
• Park-wide system downtimes or reservation glitches
• Delayed entry, re-routing, or required adjustments made by park security or guest services
• Traffic, resort delay, or inclement weather

The Customer acknowledges that all ticket and ride systems are managed by third-party entities (e.g., The Walt Disney Company, Universal Parks & Resorts) and are not the liability of SmarTours Orlando.

5. Platform Authorization Disclaimer (Disney & Universal)

SmarTours Orlando is not affiliated with or endorsed by The Walt Disney Company, Walt Disney World Resort, Universal Orlando Resort, or Comcast/NBCUniversal.

When the Customer provides login credentials to Disney, Universal, or other third-party platforms (including My Disney Experience, Genie+, or Universal accounts), they:

• Authorize the Service Provider to make bookings on their behalf
• Accept that any errors in platform performance are outside the Provider's control
• Waive the right to demand refunds due to issues caused by these external platforms

Ticket purchases, Lightning Lane reservations, and Express Pass scheduling made using Customer credentials are considered final and non-refundable once submitted.

6. Professional Conduct & Behavioral Expectations

The Customer agrees to uphold courteous and respectful conduct throughout the engagement. Violations include but are not limited to:

• Harassment or verbal abuse of tour staff
• Excessive demands beyond agreed-upon service scope
• Threats of legal, financial, or reputational harm
• Inappropriate language via text, call, or email
• Intimidation, manipulation, or defamatory behavior

Violation of these terms constitutes breach and may result in immediate termination of services, with all fees due in full. This is enforceable under Florida common law on breach of implied duty of good faith and fair dealing.

7. Travel Agent & Third-Party Representation

If services are arranged by a travel agent or third-party coordinator:

• That representative is deemed to be acting as an authorized agent of the Customer.
• All agreements, consents, and acknowledgments provided by the agent are binding.
• Failure of the agent to disclose these Terms does not exempt the Customer from them.

8. Liability Waiver & Risk Acceptance

SmarTours Orlando assumes no liability for:

• Weather-related disruptions
• Theme park operational decisions
• Park closures, capacity restrictions, or ride downtimes
• Transportation delays (Uber, Lyft, Disney/Universal transport)
• App errors, account lockouts, or platform outages

By engaging services, the Customer expressly waives the right to claim damages related to these risks. This clause is supported by Florida Statutes § 768.28(9)(a) and upheld under force majeure protections in contractual disputes.

9. Amendment & Continuity of Terms

SmarTours Orlando reserves the right to amend this Agreement at any time without prior notice. Continued engagement of services after updates constitutes acceptance of the revised terms.

10. Full Agreement

This Agreement constitutes the entire understanding between the Customer and Service Provider, superseding all prior discussions or informal communications. No verbal statements or promises will override these written terms unless expressly agreed upon in writing.