Advisor Terms

These terms govern your use of the Cruise Fairy advisor program (the advisor portal, draft board, referral links, branded download page, and leads), operated by ScaleLocal ("Cruise Fairy", "we", "us"). By purchasing an advisor seat, taking a lead, or using the portal, you agree to these terms and to the Terms of Use and Privacy Policy that apply to everyone who uses Cruise Fairy. If these Advisor Terms conflict with the Terms of Use, these Advisor Terms control for the advisor program.

1. What Cruise Fairy is, and is not

Cruise Fairy provides software: a free consumer app for cruisers, and a paid program through which licensed travel advisors receive requests from cruisers who asked to speak with an advisor, and can give their own clients a branded version of the app. Cruise Fairy is not a travel agency, seller of travel, tour operator, host agency, or booking platform. We do not make, hold, change, cancel, or reprice any booking. Every booking an advisor makes or changes is made under the advisor's own agency, accreditation, registrations, supplier agreements, and insurance, and is solely between the advisor, the cruiser, and the cruise line.

2. Pricing information: what it is and what we do not promise

Where the app shows a cruise fare, that figure comes from one or more of: rates the cruise line publishes publicly at the time of our check; information the cruiser entered or uploaded (including what they paid, their booking date, cabin, and party); and, where a line is not supported, prices the cruiser logged by hand. We display it as a convenience and a signal, not as an offer, a quote, or a guarantee.

• We do not guarantee that any displayed price is the lowest available, current, complete, or accurate, or that it reflects the cruiser's exact booking, fare code, promotion, loyalty status, residency, or add-ons.
• Cruise lines change prices, availability, and the way they publish rates at any time and without notice, and may limit, block, or discontinue automated access to their published rates. We may lose the ability to show prices for any line, cabin category, or sailing at any time, temporarily or permanently, and we are under no obligation to restore it.
• Where a line is listed as unsupported, or a check could not be completed, the app says so and shows no automatic price. We make no representation about the availability of any line, now or in the future.
• Final payment dates shown on the draft board are estimates calculated from the sail date, not the line's record, and are labeled as estimates.
• Before you quote, reprice, or advise any client, you are responsible for confirming the current rate and terms directly with the cruise line through your own agency channels.

3. Leads: member-provided information

A lead is a request from a Cruise Fairy member who asked to be contacted by a licensed travel advisor and consented to sharing their contact details for that purpose. Everything in a lead, including name, phone, email address, sailing, booking date, party, what they paid, reservation number, and whether they have an existing advisor, was provided by the member and is not verified by us.

• We do not guarantee that any lead is accurate, complete, current, reachable, responsive, eligible for a booking transfer, inside any cruise line's transfer window, or will book, rebook, or buy anything.
• Lead classification ("transfer" or "future cruise") and price are set at the time the lead enters the draft, from the member's own answers. A member's actual eligibility to transfer a booking is decided by the cruise line's rules and the member's existing agent relationships, not by us.
• We do not promise any number, frequency, or geography of leads, and the draft board may be empty for any period.
• A member who tells us they booked through an advisor or agent, or whose request falls outside the transfer criteria, is offered as a future-cruise lead. A member who has been routed to one advisor is not routed to another, but we cannot prevent a member from contacting other advisors on their own.
• A lead from your own referral link or download page is offered to you first, exclusively, for three business days ("first look") at the standard lead price. You may unlock it or pass it to the draft; a lead you neither unlock nor pass enters the draft when the first look ends. When a lead you referred is taken by another advisor, $5 in lead credit is added to your account, provided your seat is active at the moment the lead is taken. A lead that arrives after your seat has ended enters the draft with no first look and earns no referral credit.

4. Fees, credits, and refunds

• Seat fees (monthly or Founding annual) are charged in advance through Stripe and are non-refundable except where required by law or where we decline your verification under section 6, in which case the seat fee is refunded in full.
• Lead purchases are final once the lead is taken. There are no refunds, credits, or exchanges for a lead that does not respond, does not book, turns out to have an existing advisor, provided inaccurate information, or is outside a transfer window. The draft board shows the lead's sailing, party, booking date, and window before you take it so you can decide.
• Lead credit (including the Founding Advisor credit and referral pass credit) has no cash value, may not be transferred, sold, or assigned to any other account in any way, is applied automatically to lead purchases before your card, may be used only while your seat is active, and expires when your seat ends for any reason.
• If two advisors attempt to take the same lead, the first payment that clears wins. If your payment was processed after the lead was taken by another advisor, it is refunded automatically.
• The Founding Advisor price is locked for your renewals for as long as your seat remains continuously active. Prices for new seats, lead classes, and credits may change at any time for new purchases.
• Monthly seats may be cancelled from your portal and end at the close of the current billing period. Annual seats run for the year and renew unless renewal is turned off before the renewal date.

5. Your obligations as an advisor

• You represent that you are a registered or licensed travel advisor or travel agent in good standing (including any state Seller of Travel registration that applies to you), that you carry professional liability (errors and omissions) insurance appropriate to your business or are covered by your host agency's policy, and that the credential you gave us at checkout is yours and current. You will tell us within ten days if any of this stops being true.
• You will contact members only for the purpose they consented to, in a professional manner, and in compliance with all laws that apply to you, including the Telephone Consumer Protection Act, CAN-SPAM, state telemarketing and do-not-call rules, and your own agency's policies. A member's consent to be contacted through Cruise Fairy is not consent to automated or prerecorded calls or texts.
• You will use member information only to serve that member's travel needs. You will not sell, share, export, scrape, or add it to any list, and you will delete it on a member's request.
• You will not misrepresent Cruise Fairy, claim to act on our behalf, or imply that we endorse, verify, or stand behind any quote or booking.
• Your referral link and download page are for your own clients and marketing. You may not use them to spam, to post where posting is prohibited, or to collect sign-ups by misrepresentation.

6. Verification, suspension, and termination

Member contact details are released to you only after we have checked the credential you provided against the public record or the issuing body, usually within one business day. Until then your seat, link, board, and any lead you take are reserved for you with contact details sealed. If we cannot verify you, we will close the seat and refund the seat fee. We may suspend or end your seat at any time, without refund, if you breach these terms, a member or cruise line complains of conduct that violates them, your registration or insurance lapses, or we are required to by law. We may also discontinue the advisor program as a whole with thirty days' notice, in which case unused prepaid seat time is refunded pro rata.

7. Disclaimers

THE ADVISOR PROGRAM, THE PORTAL, THE DRAFT BOARD, ALL PRICING INFORMATION, AND ALL LEADS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRICING WILL BE AVAILABLE FOR ANY CRUISE LINE, THAT ANY PRICE IS THE LOWEST OR CORRECT, THAT ANY LEAD IS ACCURATE OR WILL CONVERT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CRUISE FAIRY, SCALELOCAL, AND THEIR OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST COMMISSIONS, LOST PROFITS, LOST CLIENTS, OR LOST DATA, ARISING FROM THE ADVISOR PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE ADVISOR PROGRAM IS LIMITED TO THE SEAT AND LEAD FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.

9. Indemnification

You will defend, indemnify, and hold harmless Cruise Fairy, ScaleLocal, and their owners, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) arising from your contact with members, any booking or advice you provide, your breach of these terms or of any law, any inaccuracy in the credential or attestation you gave us, or any dispute between you and a member, a cruise line, a host agency, or another advisor.

10. Changes

We may change these terms, the program, prices for new purchases, lead classes, draft hours, supported cruise lines, and features at any time. Material changes to these terms take effect fifteen days after we email the address on your seat; continued use after that is acceptance. If you do not agree, cancel your seat before the change takes effect.

11. Governing law and disputes

These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Massachusetts, and you consent to their jurisdiction. Claims must be brought within one year of arising.

12. Contact

Cruise Fairy is operated by ScaleLocal, 1035 Bedford St, Ste 103 PMB 2777, Abington, MA 02351. Questions about these terms: hello@cruisefairy.app.