Revised On: June 6 , 2024
These Terms and Conditions (“Terms”) are Between: UNLOCKINGTHEMAGICTRAVEL LLC, a Florida limited liability company (“Agency,” “our,” “us,” or “we”) And: You (“you,” “your,” “yourself,” or “Traveler”) (each a “Party” and, together, the “Parties”).
The Parties agree as set out below:
These Terms become effective upon:
- Your written, digital, or electronic signature; or
- Your delivery of payment authorization to us. The Terms will terminate upon completion of your Trip or until terminated earlier in writing by you or us.
These Terms are subject to change at any time, without prior written notice. The effective version of these Terms is located at https://unlockingthemagictravel.com/
Definitions
- Booking: Means a reservation made by Agency regarding your Trip.
- Supplier: Means a party who provides Travel Services to Travelers.
- Traveler: Means you and each traveler on the same Booking.
- Travel Services: Means travel products and services provided to Travelers by Suppliers, including air, land, or water transportation, lodging, auto rentals, tours, excursions, entertainment, food and drink services, and similar products and services.
- Trip: Means the composite of all Travel Services, for which the Agency makes Bookings.
- Trip Plan: Means the documentation we provide to you with details and pricing regarding your Trip.
Travelers
You will:
- Carefully read and understand these Terms, your Trip Plan, and all correspondence between you and us regarding your Trip;
- Contact us to arrange your Trip Plan sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases;
- Confirm your written acceptance of your Trip Plan;
- Make all deposits and payments per the schedules and dates set out in your Trip Plan;
- Review, remain aware, and remain updated regarding travel warnings relating to your Trip by accessing the U.S. governmental travel advisory sites set out in these Terms; and
- Fully comply with the obligations to which you agree in these Terms. You warrant that you are 18 years of age or older and have authority to sign and accept these Terms on behalf of all minor and adult Travelers on the same Booking who reside in your household.
Suppliers
We arrange Travel Services, which are provided and controlled by Suppliers who are separate from and independent of us. We have no management or control over Suppliers, including their staff, representatives, facilities, equipment, products, or services. Suppliers are not employees, agents, representatives, or affiliates of the Agency. Agency is not responsible for and cannot be held liable for any Supplier’s breach of contract, failure to comply with laws or regulations in any jurisdiction, or willful or negligent acts or failure to act, errors, or omissions, which may result in price increases, delays, inconvenience, damage, loss, costs, injury, or death to Travelers or companions. Suppliers have sole responsibility and liability to you for their respective Travel Services. We have no responsibility and cannot be liable for, and we make no representation or warranty, express or implied, regarding the pricing, value, quality, suitability, safety, or provision of Travel Services.
Suppliers operate under their own terms and conditions, which are separate from these Terms, as well as the local laws and regulations of the relevant country. All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier. Your travel documentation identifies each Supplier responsible for providing your Travel Services. By paying for Travel Services, you consent to the use of those Suppliers. Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with the terms imposed by each Supplier, including:
- Payment of all amounts when due; and
- Rules and restrictions regarding the availability and use of Travel Services.
You understand that any Traveler’s violation of Supplier terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such violation results in costs to Agency, you agree to promptly reimburse Agency for all such costs. Suppliers may require you to sign a liability waiver prior to participating in their Travel Services. If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide refunds. Following bankruptcy, Suppliers may continue to provide all or some Travel Services or they may stop operations. In such a case, some Suppliers may, but are not required to, provide alternative travel services to you. Agency shall not provide refunds to you for any Travel Services rendered by Suppliers who have declared bankruptcy. Agency has no special knowledge about the financial condition of any Supplier. Agency cannot be held liable for recommending a Trip credit or a refund. All Supplier promotions, incentives, prices, and offers are subject to Supplier availability, which may change at any time without notice
Travel Risk & Insurance
The Trip price does not include travel insurance. You understand and accept the inherent risks of choosing to travel. We STRONGLY recommend that you purchase comprehensive travel insurance to cover each Traveler, including medical coverage through a provider of your choice, covering medical, accident/life, evacuation, and repatriation, which might arise as a result of loss, damage, injury occurring to the Traveler for the duration of your trip. We also strongly recommend that you extend your coverage to include trip interruption and cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. To protect your investment given that some deposits may be non-refundable, we also strongly urge you to consider a “cancel for any reason” travel insurance policy, which requires timely action as it must be purchased a certain amount of time prior to your trip departure date.
If you decline to purchase travel insurance, you assume all risk and financial responsibility relating to your Trip, including but not limited to:
- Travel changes, interruptions, or cancellations;
- Baggage delays or loss;
- Travel supplier defaults;
- Medical costs;
- Accidents and emergencies; and
- Any other loss, cost, injury, or death that may arise.
You will be charged directly by the relevant service provider for any emergency services you may require. Travel insurance covers matters expressly included in each policy. You understand that insurance policies may exclude coverage relating to certain matters, including:
- Pre- existing medical conditions;
- Trip interruptions relating to any pandemic or epidemic; and
- Risk locations and activities
We will not be responsible if an insurance provider denies any of your claims for any reason. This clause will survive termination of these Terms.
Personal Information
You understand that, as part of Booking any Travel Services, your personal information may be conveyed to Agency, Suppliers, and other third-party providers to accommodate your travel, and you consent to the use of your personal information by these parties. Such personal information may include birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements. Agency has no liability regarding:
- The distribution of your information to any Supplier or other third party, including any CRM or other technology platform outside our control; or
- Any third party’s failure to protect your personal information.
You authorize Agency to keep your personal information for as long as needed to provide Bookings and for a reasonable period thereafter for Agency’s legal or business purposes.
Pricing & Inclusions
Quoted prices are based on the precise inclusions we provide to you in the Trip Plan. Unless specifically itemized on the Trip Plan, prices do not include other travel costs, fees, or taxes, including but not limited to:
- Airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes; or
- Meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical treatment or tests, vaccinations, pharmaceuticals, or any other personal charges
All Supplier prices and availability are subject to change without prior notice until you make full payment of deposits and other amounts due, as agreed in your Trip Plan. However, even following your full payment, you agree to pay additional fees that may arise for variable matters beyond our control, including fuel and other surcharges. Agency has no responsibility for:
- Supplier price transparency or disclosures, price changes, or variable fees;
- Currency exchange fluctuations; or
- Charges relating to foreign-currency transactions
We reserve the right at any time for any reason to correct errors or omissions regarding prices, to reinvoice you at corrected prices, or to take any other corrective measures regarding your Bookings. We are not responsible for any errors or omissions in any quotes or advertisements, including information posted on our website, which occur as a result of reliance on incorrect information supplied by third parties.
Payment
You agree to make full payment of deposits and other amounts due as agreed in your Trip Plan. If you do not make full payment of any deposit or other amount by its due date:
- Suppliers may impose price increases, fees, or penalties;
- Suppliers may cancel your Bookings in whole or part;
- Agency may cancel your Bookings in whole or part; and
- your previous deposits and other amounts paid may be non – refundable under Supplier terms.
You are solely responsible, and Agency has no responsibility or liability, for consequences relating to your late or non-payment. If you request re-Booking, Agency may, but has no obligation to, assist you with obtaining any refunds due to re-Booking Trips (e.g., using future cruise credits). We cannot guarantee the success of obtaining such refunds. Your payments in currency other than U.S. Dollars will be converted at then-current exchange rates. Agency payments to Suppliers will be converted at then-current exchange rates between U.S. Dollars and the currency in Supplier’s country
Credit & Debit Cards
By submitting your credit or debit card (“Card”) to us, you confirm that:
- You are an authorized user of that Card;
- You authorize us, or our agents, to charge your Card for payments on due dates agreed in your Trip Plan; and
- You authorize us, or our agents, to credit to your Card any amounts charged in error
You are responsible for all costs, including costs of recovery, relating to the following:
- If you provide to us an incorrect Card number;
- If our valid charges to your Card are declined;
- If your Card has insufficient funds on payment dates agreed in your Trip Plan; and
- If your Card account is closed or expires before you pay all amounts agreed in your Trip Plan
In any such event, you agree we have a right to suspend or cancel any Booking, and we have no obligation to refund amounts paid by you if we suspend or cancel any Booking.
Chargebacks
You agree not to initiate, and you waive any right to pursue, any credit- or debit-card chargeback, reverse-charge, refund, or recollection (collectively, “Chargeback”) for any reason, including delay, cancellation, refusal of entry, exit, or transit, force majeure event, Food Allergies, provision or non-provision of Travel Services, Supplier price changes, fees, or penalties, or any other matter relating to your Trip, except in the case of fraud. Even in the case of fraud, before initiating any Chargeback, you agree to first address the matter directly with us in writing to give us a reasonable time to investigate the matter and respond to you.
If you initiate a Chargeback relating to any amount we validly charge to your Card without our prior written authorization, you agree to pay us for all fees and costs, including attorney’s fees and legal expenses, we incur to dispute and respond to that Chargeback and pay back any damages we suffer as a result of your Chargeback dispute. This clause will survive termination of these Terms.
Changes , Cancellations , Refunds
Cancellation or change requests to any Booking must be made in writing to the Agency. Cancellations are only effective when we receive your written notice of cancellation. We cannot guarantee that change requests will be accommodated. You agree to comply with Supplier terms relating to change or cancellation of Bookings. Supplier terms may not allow refunds if you change, cancel, partially use, or do not use Travel Services for any reason, including actual, threatened, or fear of potential health matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar circumstances. If you change or cancel a Booking, you may be subject to additional costs, including but not limited to: Supplier fees, charges, or penalties.
If you have any claim for refund or adjustment regarding your travel, you will deliver it to Agency in writing, including full details and documentation regarding the background, rationale, and proof of payment. This clause will survive termination of these Terms.
No Shows
Failure to travel or show up for any Booking is considered a “no show.” No show penalties will equal amounts up to the entire cost of travel, subject to terms and condition of Suppliers and Agency. It is your responsibility to be ready to embark on the Trip as specified in your Trip Plan. We are not responsible for any losses due to cancelled or missed flights.
Accommodations
Hotel accommodation is subject to availability at the time of reservation. Some hotels require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a Booking. In such cases, Agency will notify you regarding the NON-REFUNDABLE prepayment for that portion of your travel. Amenities including air conditioning, elevators, bed size, connecting or adjacent rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not guaranteed at all properties and are not guaranteed to be operational or available during your stay. Agency makes no guarantee about the suitability or availability of accommodations. Refunds regarding amenities are the responsibility of the hotel.
