252.621.5052
concierge@magicalwanderings.com
MAGICAL WANDERINGS, LLC TERMS AND CONDITIONS
1. THIRD PARTY SERVICE PROVIDERS. Certain products, services and content available at www.magicalwanderings.com are provided by third parties, including, but not limited to, Suppliers (as defined in Section 6 below) (collectively, "Service Providers”).
2. RELATIONSHIP. No joint venture, partnership, employment, agency or fiduciary relationship exists between you and Magical Wanderings, LLC or any Service Provider as a result of your use of our travel services. In our role as a travel agent, Magical Wanderings, LLC acts as an independent contractor. Magical Wanderings, LLC assists you in finding travel Suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel Suppliers to you and recommending specific itineraries. We want you to be aware that certain Suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our Destination Specialists. Certain Suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. From time to time we may enter into other business relationships with Suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying Suppliers and recommending itineraries, we may consider a number of factors, including Supplier availability, your preferences and, if applicable, any agreements we have to book travel in accordance with your company's travel policies. The relationships we have with Suppliers may also influence the Suppliers we identify and the itineraries we recommend.
3. TERMS OF PURCHASE. Please note that additional terms and conditions dictated by the applicable Supplier and/or Service Provider will apply to your reservation and purchase of products and services. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Supplier's and/or Service Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Supplier's and/or Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Magical Wanderings, LLC debiting your account for any costs Magical Wanderings, LLC incurs as a result of such violation.
4. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of www.magicalwanderings.com or reservations with our Destination Specialists. You also warrant that all information supplied by you or members of your household in using www.magicalwanderings.com is true and correct. You understand that you are financially responsible for all uses of www.magicalwanderings.com by you and those using your name or account.
5. NO WARRANTIES. WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR Terms of Service, MAGICAL WANDERINGS, LLC AND THE SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING WWW.MAGICALWANDERINGS.COM AND/OR ANY MATERIALS PROVIDED ON WWW.MAGICALWANDERINGS.COM OR BY OUR DESTINATION SPECIALISTS, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. MAGICAL WANDERINGS, LLC AND THE SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON WWW.MAGICALWANDERINGS.COM OR GIVEN BY OUR DESTINATION SPECIALISTS AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER MAGICAL WANDERINGS, LLC NOR ANY SERVICE PROVIDER WARRANTS THAT WWW.MAGICALWANDERINGS.COM, ITS SERVERS OR ANY E-MAIL SENT FROM MAGICAL WANDERINGS, LLC OR ANY SERVICE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.
6. DISCLAIMER REGARDING SUPPLIERS. THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ("SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF MAGICAL WANDERINGS, LLC. MAGICAL WANDERINGS, LLC ACTS SOLELY AS A SALES AGENT FOR THE SUPPLIERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. MAGICAL WANDERINGS, LLC SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND MAGICAL WANDERINGS, LLC HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT MAGICAL WANDERINGS, LLC INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON WWW.MAGICALWANDERINGS.COM DOES NOT MEAN MAGICAL WANDERINGS, LLC IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.
7. LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF ANY LIMITATION OF LIABILITY SET FORTH IN OUR Terms of Service, MAGICAL WANDERINGS, LLC AND THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN WWW.MAGICALWANDERINGS.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM WWW.MAGICALWANDERINGS.COM. IN NO EVENT SHALL MAGICAL WANDERINGS, LLC OR ANY SERVICE PROVIDER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE TRAVEL SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE TRAVEL SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY MAGICAL WANDERINGS, LLC OR ANY SERVICE PROVIDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW SUCH LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
8. TRAVEL TO CERTAIN DESTINATIONS. While most travel - domestic and international - is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. Magical Wanderings, LLC urges consumers to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm. Magical Wanderings, LLC strongly recommends that you periodically review www.Visacentral.com for the most up to date and accurate entry/exit requirements for your travel destination. Due to frequent changes Magical Wanderings, LLC cannot guarantee the accuracy of the information provided and expressly disclaims any liability for any inaccurate or incomplete information contained on that site. BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NEITHER MAGICAL WANDERINGS, LLC NOR ANY SERVICE PROVIDER REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND NEITHER MAGICAL WANDERINGS, LLC NOR ANY SERVICE PROVIDER IS LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
9. TRANSMISSION OF PERSONAL DATA. You acknowledge and agree that by providing Magical Wadnerings, LLC with any personal information, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with standard business practices. Magical Wanderings, LLC may also be required to share your personal Information with Service Providers to process or complete transactions you have requested.
10. INDEMNIFICATION. You shall defend and indemnify Magical Wanderings, LLC and any Service Providers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of our travel services.
11. JURISDICTION AND VENUE. Should any dispute arise between the Customer and Agency any such suit will be governed by the laws of the State of North Carolina and the exclusive venue for any lawsuit filed related to such dispute shall be in the court of appropriate jurisdiction in Chowan County, North Carolina.
12. MODIFICATION. Magical Wanderings, LLC and/or Service Providers may at any time modify the www.magicalwanderings.com, including eliminating or discontinuing any content on or feature and these terms and conditions. Your continued use of the www.magicalwanderings.com and our services will be conditioned upon the terms and conditions in force at the time of your use.
