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Terms and conditions
The Reservation
All reservations are made with Magical Travel Ltd which is registered in the U.K under licence number 05967861.
Application of these terms and conditions
These terms and conditions, together with any further terms and conditions notified to you by us prior to your entering into a contract with us (without limitation including any in our brochure or on our website which are relevant to your booking)('Our Terms') and any other terms which we both otherwise agree will be binding on us both once a contract is made between us. A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate for example where you are making a 'late booking') and we have issued you with our booking confirmation. Our contact with you is also subject to any air carriers' terms and conditions of carriage.
You should read these terms and conditions carefully.
English Law
Any dispute arising over our contract will be dealt with under English Law. Our Terms do not affect your statutory rights.
Data Protection
We observe the requirements of the Data Protection Act 1998 ('the Act') in respect of all personal data held by us at any time.
We will not use any personal data relating to you, which we hold at any time for any purpose other than in connection with your booking. We will not pass on such data to third parties save where this is necessary in connection with the performance by us of our contract with you or as otherwise authorised by you. We may use such data to notify you of our services, offers and promotions from time to time. If you do not wish us to so notify you please tick the appropriate box on our booking form.
MODIFICATION OF THESE TERMS & CONDITIONS
We reserve the right to change the terms, conditions and notices under which this Web site is offered without prior notice.
1. Booking your holiday
To make a holiday booking the customer should complete, sign and send in a booking form with a deposit of 20% of the holiday cost requested or the full amount if the booking is made within eight weeks of departure. The booking is accepted and the contract made when the company issues a confirmation invoice, which is usually within twenty-four hours of receiving the booking form.
2. Payments
Payment of all confirmation invoices must reach the company not later than eight weeks prior to departure.
3. Amendments and cancellation
(i) Amendments
The company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing, signed by the signatory of the booking form. If the Company is successful in making your requested amendment then you must pay an amendment charge of 65.00 per booking. If the Company is not successful then there will be no charge.
(ii) Cancellations
All cancellations must be advised in writing, signed by the signatory of the booking form. Cancellations are effective on the day that they are received by the company. Recorded delivery is strongly recommended. The following cancellation charges (together with holiday insurance premium) will be payable, depending on the number of days prior to departure the company receives your notice of cancellation. Days prior to departure date when written advice of cancellation Received Percentage of total holiday cost More than 57 days Loss of deposit
56 to 42 days 30% of total holiday cost
41 to 29 days 75% of total holiday cost
28 to 15 days 90% of total holiday cost
14 days 100% of total holiday cost
(iii) Amendments by the company.
After the confirmation invoice has been issued, the company makes every effort to operate all holidays as confirmed. In very rare circumstances, the company may have to modify your holiday before you depart. If the modification is significant the company will notify you as soon as practically possible and you will be entitled to:
(a) take a substitute package of equivalent or superior quality at no extra cost to you; or
(b) take a substitute package of lower quality and recover from the company the difference in value between the original arrangements and the new ones; or
(c) have repaid to you as soon as possible all monies paid by you under the contract, where upon your holiday arrangements will be cancelled.
In addition, if the Company has to modify your holiday it will pay you compensation for non-performance of the contract (see table below for levels of compensation), if this is for any reason other than 'force majeure' (see below) Days prior to departure date when notification of change is sent Minimum compensation per person
More than 42 days 10.00
29 to 42 days prior 20.00
15 to 20 days prior 25.00
0 to 14 days prior 30.00
'Force majeure' means unusual and unforeseeable circumstances beyond the company's control, the consequence of which neither the company nor its suppliers could avoid even if all due care had been exercised. This may include, but is not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. If the company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a prorata refund for ground arrangements not received. You may also in such circumstances be entitled to compensation by the company in accordance with the table above.
iv) Cancellation by the company
If you fail to pay the balance of the holiday price at least eight weeks (fifty six days) before departure, the company will treat your booking as cancelled and levy the cancellation charge as set out in paragraph 3(ii) above. If the company is obliged to cancel your holiday in any other circumstances before departure, the company will use its best endeavours to offer alternative arrangements at no extra cost to you, or offer a substitute package of lower quality and you may recover from the company the difference in cost, or have repaid to you as soon as possible all monies paid by you. In addition, unless the cancellation has been caused by force majeure the company will pay you compensation as set out in paragraph 3(iii).
(v) The company liability
(i) We accept responsibility for ensuring that your travel arrangements, which you booked with us are supplied as described in our printed material and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you the appropriate compensation if this has affected the enjoyment of your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees, agents and suppliers, whilst acting within the scope of/or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English law.
(iii) In respect of the services provided by air or sea carriers, our liability in all cases shall be limited in the manner provided by international conventions and conditions of carriage of our suppliers. Copies of these conventions and, conditions of carriage are available on request. Operational decisions may be taken by air or sea carriers and, airports and ferry terminals resulting in delays, diversions or re-scheduling, over which our company has no control. When such changes are made, our company will endeavour to minimise any inconvenience.
(vi) If you have a problem
If you have a problem during your holiday, please inform the relevant supplier (e.g., hotel) and our local representative immediately, who will endeavour to put things right. Not only may prompt action enable you to enjoy your holiday, but it is also a legal requirement, the omission of which can substantially affect your rights against our company. If it is not possible to make the complaint to the appropriate organisation at the time, you should make contact with our company, so that our company can endeavour to resolve it. However, should a problem remain unresolved, a complaint should be made in writing to our company office manager within thirty days of your return.
(vii) Our company price policy
Our suggested itineraries are prepared many months before the start of your holiday and the prices quoted in them are for your guidance only. If at the time of booking the price has changed from that shown in our suggested itineraries, you will be told of the revised price applicable to the travel arrangements before you commit yourself.
Modification of tour
If you choose to modify the arrangements after the commencement of the tour i.e. change accommodation or the duration of your stay, the company can accept no liability for any loss or additional expense and no refunds will be made.
Terms and conditions
The Reservation
All reservations are made with Magical Travel Ltd which is registered in the U.K under licence number 05967861.
Application of these terms and conditions
These terms and conditions, together with any further terms and conditions notified to you by us prior to your entering into a contract with us (without limitation including any in our brochure or on our website which are relevant to your booking)('Our Terms') and any other terms which we both otherwise agree will be binding on us both once a contract is made between us. A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate for example where you are making a 'late booking') and we have issued you with our booking confirmation. Our contact with you is also subject to any air carriers' terms and conditions of carriage.
You should read these terms and conditions carefully.
English Law
Any dispute arising over our contract will be dealt with under English Law. Our Terms do not affect your statutory rights.
Data Protection
We observe the requirements of the Data Protection Act 1998 ('the Act') in respect of all personal data held by us at any time.
We will not use any personal data relating to you, which we hold at any time for any purpose other than in connection with your booking. We will not pass on such data to third parties save where this is necessary in connection with the performance by us of our contract with you or as otherwise authorised by you. We may use such data to notify you of our services, offers and promotions from time to time. If you do not wish us to so notify you please tick the appropriate box on our booking form.
MODIFICATION OF THESE TERMS & CONDITIONS
We reserve the right to change the terms, conditions and notices under which this Web site is offered without prior notice.
1. Booking your holiday
To make a holiday booking the customer should complete, sign and send in a booking form with a deposit of 20% of the holiday cost requested or the full amount if the booking is made within eight weeks of departure. The booking is accepted and the contract made when the company issues a confirmation invoice, which is usually within twenty-four hours of receiving the booking form.
2. Payments
Payment of all confirmation invoices must reach the company not later than eight weeks prior to departure.
3. Amendments and cancellation
(i) Amendments
The company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing, signed by the signatory of the booking form. If the Company is successful in making your requested amendment then you must pay an amendment charge of 65.00 per booking. If the Company is not successful then there will be no charge.
(ii) Cancellations
All cancellations must be advised in writing, signed by the signatory of the booking form. Cancellations are effective on the day that they are received by the company. Recorded delivery is strongly recommended. The following cancellation charges (together with holiday insurance premium) will be payable, depending on the number of days prior to departure the company receives your notice of cancellation. Days prior to departure date when written advice of cancellation Received Percentage of total holiday cost More than 57 days Loss of deposit
56 to 42 days 30% of total holiday cost
41 to 29 days 75% of total holiday cost
28 to 15 days 90% of total holiday cost
14 days 100% of total holiday cost
(iii) Amendments by the company.
After the confirmation invoice has been issued, the company makes every effort to operate all holidays as confirmed. In very rare circumstances, the company may have to modify your holiday before you depart. If the modification is significant the company will notify you as soon as practically possible and you will be entitled to:
(a) take a substitute package of equivalent or superior quality at no extra cost to you; or
(b) take a substitute package of lower quality and recover from the company the difference in value between the original arrangements and the new ones; or
(c) have repaid to you as soon as possible all monies paid by you under the contract, where upon your holiday arrangements will be cancelled.
In addition, if the Company has to modify your holiday it will pay you compensation for non-performance of the contract (see table below for levels of compensation), if this is for any reason other than 'force majeure' (see below) Days prior to departure date when notification of change is sent Minimum compensation per person
More than 42 days 10.00
29 to 42 days prior 20.00
15 to 20 days prior 25.00
0 to 14 days prior 30.00
'Force majeure' means unusual and unforeseeable circumstances beyond the company's control, the consequence of which neither the company nor its suppliers could avoid even if all due care had been exercised. This may include, but is not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. If the company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a prorata refund for ground arrangements not received. You may also in such circumstances be entitled to compensation by the company in accordance with the table above.
iv) Cancellation by the company
If you fail to pay the balance of the holiday price at least eight weeks (fifty six days) before departure, the company will treat your booking as cancelled and levy the cancellation charge as set out in paragraph 3(ii) above. If the company is obliged to cancel your holiday in any other circumstances before departure, the company will use its best endeavours to offer alternative arrangements at no extra cost to you, or offer a substitute package of lower quality and you may recover from the company the difference in cost, or have repaid to you as soon as possible all monies paid by you. In addition, unless the cancellation has been caused by force majeure the company will pay you compensation as set out in paragraph 3(iii).
(v) The company liability
(i) We accept responsibility for ensuring that your travel arrangements, which you booked with us are supplied as described in our printed material and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you the appropriate compensation if this has affected the enjoyment of your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees, agents and suppliers, whilst acting within the scope of/or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English law.
(iii) In respect of the services provided by air or sea carriers, our liability in all cases shall be limited in the manner provided by international conventions and conditions of carriage of our suppliers. Copies of these conventions and, conditions of carriage are available on request. Operational decisions may be taken by air or sea carriers and, airports and ferry terminals resulting in delays, diversions or re-scheduling, over which our company has no control. When such changes are made, our company will endeavour to minimise any inconvenience.
(vi) If you have a problem
If you have a problem during your holiday, please inform the relevant supplier (e.g., hotel) and our local representative immediately, who will endeavour to put things right. Not only may prompt action enable you to enjoy your holiday, but it is also a legal requirement, the omission of which can substantially affect your rights against our company. If it is not possible to make the complaint to the appropriate organisation at the time, you should make contact with our company, so that our company can endeavour to resolve it. However, should a problem remain unresolved, a complaint should be made in writing to our company office manager within thirty days of your return.
(vii) Our company price policy
Our suggested itineraries are prepared many months before the start of your holiday and the prices quoted in them are for your guidance only. If at the time of booking the price has changed from that shown in our suggested itineraries, you will be told of the revised price applicable to the travel arrangements before you commit yourself.
Modification of tour
If you choose to modify the arrangements after the commencement of the tour i.e. change accommodation or the duration of your stay, the company can accept no liability for any loss or additional expense and no refunds will be made.
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