YOU AGREE TO AND ACKNOWLEDGE THE FOLLOWING WITH RESPECT TO ANY SERVICES ORDERED OR UTILIZED BY YOU OR ON YOUR BEHALF FROM TRAVEL SMART. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. TRAVELSMART MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITH OR WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF TRAVELSMART WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT TRAVELSMART WEBSITE GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH TRAVELSMART
The Terms and Conditions contained within this agreement and the TravelSmart website supersede all previous Terms and Conditions, amendments, supplements, and other prior statements concerning the rates and conditions of TravelSmart service to which these Terms and Conditions apply. TravelSmart reserves the right to unilaterally modify, amend, change or supplement the TravelSmart website and these Terms and Conditions including, but not limited to, the rates, services, and features of service without notice. The following pages contain the TravelSmart Terms and Conditions applicable to the transportation or shipping of any and all luggage, golf clubs, bikes, and skis or other similar items by TravelSmart or any transportation companies/carriers utilized by TravelSmart.

RECITAL
User desires to utilize the services of TravelSmart and TravelSmart desires to provide such services pursuant to the conditions and terms of this agreement and all other rates, terms, conditions, rules and policies that are contained within the TravelSmart website

NON-WAIVER
Any failure by us to enforce or apply a term, condition or provision of the TravelSmart website does not constitute a waiver of that term, condition or provision and does not otherwise impair TravelSmart’s right to enforce such term, condition or provision.

RATES
Rate quotes generated on TravelSmart’s website or by a TravelSmart customer service representative are based upon the information provided at the time of scheduling shipments. Final rates will be based upon actual weights and dimensions verified during the shipment process. Final charges may differ from quoted prices due to actual weights and dimensions. Additionally, rate quotes generated in error through the Travelsmart website are subject to change without notice. Please be aware that ground rates are not available when shipping outside the continental United States. 

CANCELLATIONS and CHANGES
Order cancellations may be made up to 24 hours prior the scheduled pick-up. TravelSmart allows penalty free cancellations up to 72 hours prior to the scheduled pick-up time for each order. If a shipment is cancelled less than 72 hours prior to the scheduled pick-up date, but not later than 24 hours prior to scheduled pick-up, a cancellation penalty of 15% of the total order amount will be charged. Orders cancelled less than 24 hours prior to scheduled pick-up will be charged the full amount. Changes to pickup dates and times cannot be guaranteed with less than 24 hours of advance notice. In some circumstances, a change fee may be applied.

PACKAGING AND MARKING
• You must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments. In addition you must comply with any applicable packing, Marking and labeling requirements of TravelSmart’s independent carriers.
• All packages must be prepared and packed by the sender for safe transportation in an express transportation environment and ordinary care in handling. Proper packaging must adequately protect any articles susceptible to damage as a result of conditions that may be encountered in an express transportation environment, such as changes in temperature or atmospheric pressure.
• Each travel case or piece of luggage must be legibly and durably marked with the name, address (street address, city and state) , ZIP code and telephone number (area code included) of both the sender and recipient. The address label must be secured by pressure-sensitive tape wrapped completely around the object. Alternatively, the tie-on tag provided by TravelSmart and other couriers for air bills or for labels may be used. If possible, also place identification inside each bag
• All items must be packaged securely in your travel case. TravelSmart does not accept liability if it is determined that concealed damage was caused by items not being secured in the travel case (i.e. bicycle parts, etc).
• Never send a bag that doesn’t completely close. If you need a luggage strap or bungee cord to keep the bag closed, it probably won’t survive the transport.
• Do not pack clothing with your ski, golf, or bike cases. TravelSmart shall not be held liable for the loss, damage, or delay of clothing packed with sports equipment. Use non-essential items, such as towels, for padding equipment.
• You must use TravelSmart recommended packaging (travel cases, suitcases) or new corrugated boxes in good, rigid condition of adequate size to allow a minimum of 2 to 3 inches of cushioning of contents on the top, bottom and sides. All cardboard boxes must contain 2 to 3 inches of cushioning and must meet all requirements of TravelSmart’s independent carriers.
• Do not strap, fasten or otherwise secure baggage such as sleeping bags, luggage racks, or umbrellas, which is not independently tagged and/or packaged to other baggage.

RESTRICTED ARTICLES
If you have a questionable item, please contact our TravelSmart Concierge Services at 866-514-5363 for more information. You may have an article that is classified as a dangerous good, which is restricted for transport.
You are prohibited from tendering the following items for delivery, and they will not be accepted:
• Cash, currency, collectible stamps and coins. Including but not limited to securities and/or negotiable papers.
• Live animals, including mammals, birds, reptiles, insects and fish.
• Animal carcasses or any parts thereof.
• Human corpses or remains, including but not limited to body parts or cremated or disinterred human remains.
• Items that are prohibited by federal, state or local laws or that require us to obtain a federal, state or local license for their transportation.
• Items that may cause delays or damage to equipment, personnel or other Items.
• Lottery tickets and gambling devices where prohibited by federal, state or local law.
• Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.
• Packages that are wet, leaking or emit an odor of any kind.
• Explosives: Fireworks, Signal flares, sparklers or ammunition of any kind
• Perishable Items - including but not limited to food, foodstuffs, plants or beverages of any type requiring refrigeration or other environmental control;
• Pharmaceuticals - including but not limited to illegal narcotics/drugs or prescription drugs/medications;
• Flammable Liquids or Solids: Fuel, paints, lighter refills, matches…
• Household items: Bleach, spray starch, insecticides, drain cleaners and solvents…
• Pressure containers: Spray cans, butane, fuel, scuba tanks, propane tanks, CO2 cartridges and self-inflating rafts…
• Mace, tear gas or pepper spray
• Pornographic materials
• Other Hazardous materials: Dry ice, gasoline-powered tools, wet-cell batteries, camping equipment with fuel, radioactive materials, poisons, infectious substances.
• Items that are prohibited by applicable local, state or federal law.


SEMI-RESTRICTED ITEMS
The following items may be accepted by TravelSmart for transportation; however, under no circumstances will TravelSmart provide damage insurance (only loss):
• Artistic items and/or artifacts (historical or otherwise)included but not limited to sculptures, paintings, pictures, framed or unframed and models and/or reproductions.
• Chinaware, ceramics and pottery or other similar breakable items
• Electronic and mechanical items included but not limited to audio and video equipment, sensitive calibrated tools and instruments, computers, cellular telephones microscopes, electrographs and medical equipment
• Garment bags and suit/dress covers of light, flimsy plastic or vinyl designed for carrying and not shipping
• Glassware of any type
• Musical instruments and equipment included but not limited to guitars, violins, cellos, harps, drums, amplifiers, and speakers that are not protected or in carrying cases that are insufficient to prevent damage during the course of normal baggage handling. String instruments must have strings loosened prior to transport.
• Photographic and cinematographic
• Precision items included but not limited to oscilloscopes, telescopes, meters, and polygraphs
• Miscellaneous Items such as sample goods for resale, heirlooms, collectables, precious metals and stones, souvenirs, gifts, toolboxes, and irreplaceable items
• Essential clothing inside of sporting gear cases.

INDEMNITY
You agree to defend, indemnify and hold TravelSmart and its owners, workers, clients, and agents harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your acts or omissions in connection with your use of this website or any of TravelSmart‘s services , including but not limited to, your shipment of any Restricted Articles as defined above.

INSURANCE
Each piece of luggage shipped will be automatically insured (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) for up to $500.00. This insurance covers major damage and/or loss of luggage up to the insured value of the goods. It does not insure, and TravelSmart is in no way liable, for any subsequent losses resulting from damaged or lost items. TravelSmart is not responsible for delays due to factors beyond TravelSmart's control including but not limited to, direct or indirect, acts of God, riots, customs delays, strikes, incorrect label attachment, and/or failure of delivery equipment. Shipment delays due to these occurrences void all responsibility and liability of TravelSmart. TravelSmart is in no way liable or responsible for any losses or damages to property left unattended while waiting for pickup or property left unattended at the final destination.

RIGHT TO INSPECT
TravelSmart, its agents, and its transportation companies/carriers reserve the right to inspect and open any item shipped by TravelSmart in order to insure compliance with the terms of this agreement.

INTERNATIONAL SHIPMENTS
Notwithstanding anything to the contrary set forth herein, TravelSmart will not be liable for delays that occur due to customs inspections for international shipments. If a shipment is delayed in customs, TravelSmart will make every possible effort to correct the problem, yet customs delays are out of the realm of TravelSmart's authority. At the time of shipping, a TravelSmart customer service representative will make all preventative measures possible to reduce the complexity of the customs inspection process. Any fees incurred during the customs inspection process will be passed on to the customer and included in the final billing statement. You acknowledge that any goods shipped by TravelSmart are subject to confiscation by U.S. and foreign customs officials and other similar agencies.

LOCKING YOUR LUGGAGE
In some cases screeners will have to open your luggage as part of the screening process. If your bag is unlocked agents will simply open and screen the baggage. If bags are locked the screening agent may have to break the locks in order to inspect the bag. ALL INTERNATIONAL SHIPMENTS MUST BE SCREENED AND ALL INTERNATIONAL LUGGAGE MUST REMAIN UNLOCKED.TravelSmart is not liable for damage or delays caused to locked bags that must be opened for customs or security purposes.

WARRANTY AND LIABILITY DISCLAIMER
EXCEPT FOR THE EXPRESS WARRANTIES MADE TO YOU UNDER THE HEADING ABOVE ENTITLED "WARRANTIES", ALL INFORMATION CONTAINED ON THIS WEBSITE AND ANY AND ALL SERVICES PROVIDED TO YOU BY THE TRAVELSMART ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TRAVEL SMART, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION ON THIS WEBSITE AND ANY SERVICES PROVIDED TO YOU BY TRAVELSMART, ITS EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE SHIPPING AND TRANSPORTATION COMPANIES/CARRIERS PROVIDING SERVICES FOR AND ON BEHALF OF TRAVELSMART ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVEL SMART OR ITS AFFILIATES. TRAVELSMART AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SHIPPING OR TRANSPORTATION COMPANIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRAVEL SMART AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL TRAVELSMART, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE, OR FOR ANY SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRAVELSMART, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRAVELSMART, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU TO TRAVELSMART DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00.

GENERAL
This agreement is governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Breckenridge, Colorado, USA, in all disputes arising out of or relating to the use of this website, any purchases made using this website or any services provided to you by TravelSmart. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. This agreement(and any other terms and conditions referenced within this website) constitutes the entire agreement between you and TravelSmart with respect to this website and any services provided to you by TravelSmart and it supersedes any and all prior or contemporaneous communications and proposal, whether electronic, oral, or written, between you and TravelSmart with respect to the matter(s) set forth herein. Neither TravelSmart nor any Affiliate or any of their respective Suppliers and/or transportation companies/carriers shall be deemed to be in default of this Agreement or be liable for any delay or failure in performance resulting directly or indirectly from any act of God, civil or military authority, civil disturbance, war, strike, fire, earthquake or other natural or unnatural cause beyond its control. You further agree that you have read and agree to be bound by the terms and conditions contained herein.