These Terms and Conditions ("Agreement") govern all services provided by SmarTours Orlando, LLC ("Service Provider") to the Client ("Customer"). By engaging our services — including but not limited to the submission of our reservation form, communication via email or phone, or acceptance of services rendered — the Customer agrees to be fully bound by this Agreement without exception or modification.
This Agreement shall be deemed legally binding pursuant to Florida Statutes § 672.204, § 685.101–102, and the Uniform Electronic Transactions Act (UETA), Fla. Stat. § 668.50, whereby digital acknowledgment and form submission constitute valid acceptance and enforceable signature.
By submitting your reservation form, the Customer confirms they have read, understood, and agreed to these Terms and Conditions in full. This submission constitutes a legally binding contract and waiver of rights to dispute enforceability under Florida law.
By proceeding, the Customer acknowledges:
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:
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.
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:
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.
Payment in full is due upon service completion or on the invoice due date, whichever occurs first.
Services are deemed fully rendered when any combination of the following occurs:
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:
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.
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:
Ticket purchases, Lightning Lane reservations, and Express Pass scheduling made using Customer credentials are considered final and non-refundable once submitted.
The Customer agrees to uphold courteous and respectful conduct throughout the engagement. Violations include but are not limited to:
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.
If services are arranged by a travel agent or third-party coordinator:
SmarTours Orlando assumes no liability for:
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.
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.
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.
By submitting a reservation form or booking services with SmarTours Orlando, you: