Magical Moments Vacations - Terms and Conditions
All travel carries the possibility of some inherent risks to our clients. We feel it is important for you to understand your responsibilities in relation to this. When you make a reservation, you and those on whose behalf you are booking enter into an agreement between Magical Moments Vacations, and others who will provide services for your Vacation/Tour/Group package. Reservations are subject to the Terms and Conditions outlined below.
USING OUR SERVICES
We provide our Service to help you find information about Travel Destinations and Services and to assist you in booking those Travel Destinations and Services. It is provided to you for no other purpose.
You agree that:
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you will only use our Service for personal and non-commercial purposes
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you must be at least 18 years of age and have the legal authority to enter into contracts
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you will use our Service lawfully and in compliance with these Terms
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all information supplied by you is true, accurate, current and complete
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if you book on behalf of others:
1. You will obtain their authorization prior to acting on their behalf
2. You will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to such terms
3. You are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.
CREDIT CARDS & CHARGEBACKS
If for any reason, any travel service provider is unable to provide the services for which you have contracted, your remedy lies against the travel supplier and not against Magical Moments Vacations. In the event that Magical Moments Vacations has made a payment to your travel supplier by your credit card, you agree that you will not seek to charge back your payment to supplier. If Magical Moments Vacations incurs any costs, including but not limited to attorneys' fees, to recover any payments charged back by your credit card company, you agree that you will be liable for these costs. You also certify that you have full approval to authorize any charges made to the credit card(s) provided.
​BOOKING AGENT
I understand that Magical Moments Vacations is not the source or supplier of the travel services I have requested and acts solely as the booking agent for the actual suppliers of such services. I have been advised that the suppliers whose names appear in the information supplied to me are those who are responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold Magical Moments Vacations responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience.
FOREIGN GOVERNMENTS
I agree that foreign governments may change or amend their entrance requirements at any time, and may impose health, medical or quarantine requirements at any time, and it is my responsibility to understand those requirements and any changes to them. I hereby hold harmless Magical Moments Vacations for any and all damages that I may incur as a result of governmental actions that may interfere with my travels. I agree that travel suppliers may impose medical, health or other safety requirements or restrictions at any time, and it is my responsibility to understand those requirements and any changes to them. I hereby hold harmless Magical Moments Vacations for any and all damages that I may incur as a result of supplier requirements that may interfere with my travels.
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​RESERVATION & PAYMENTS
Payment terms fluctuate based on supplier/group package. Deposit and Full payment terms are outlined on your invoice/contract. Credit card payments are the preferred method of payment. Payments can be made by check or money order (issued in USD) payable to Magical Moments Vacations.2447 Tiffin Ave #196, Findlay, OH 45840. There is a $50 processing fee for all checks/money orders processed by Magical Moments Vacations. There is no fee to pay via credit card or gift cards. Prices and itineraries for group tours are secured upon receipt of signed contract and deposit.
Pricing and availability is subject to change until package has been deposited. Depending on the supplier and travel dates, full payment may be required at time of booking. Travel documents will be emailed or mailed after receipt of final payment and when received by the supplier. Group reservations and certain tours/packages may have different payment due dates, date change fees and cancellation fees. In the event that the balance is not paid by the due date, Magical Moments Vacations reserves the right to cancel the reservation and a cancellation fee will be applicable.
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I have reviewed all booking reservations and/or itineraries sent to me by Magical Moments Vacations. I agree that all booking information is correct, including but not limited to: travel dates, itinerary schedule, airfare and/or car rental reservations, hotel, resort or cruise accommodations, optional activities and pricing.I verify that the spelling of all names listed on my travel confirmation (and dates of birth, If shown) are correct and exactly match the information as it reads on our passports or other provided identification.
SUPPLIER IMPOSED PRICE INCREASES
I understand that the airline tickets, air tours or other products I am purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by Magical Moments Vacations to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize Magical Moments Vacations to charge payment for such additional amounts after I have been notified of pricing change.
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​CANCELLATION FEES
In the event that you must cancel your reservation prior to departure, cancellation fees will be per those stated on the contract/itinerary/invoice.
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​CREDIT CARDS
Your authorization to use your credit card number for payment indicates your agreement with our booking Terms and Conditions.
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​TRAVEL DOCUMENTS
Travel documents must be presented when required by the service provider. If you fail to present the appropriate voucher(s), Magical Moments Vacations company is not responsible if a service provider declines to honor your reservation. You are also bound by each supplier's own Terms and Conditions. I will review my travel documents for accuracy upon receipt and understand that I may contact Magical Moments Vacations if I have any questions. I understand that fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money. Conversely, cancellation of any aspect of my travel arrangements may result in financial penalties, in accordance with the supplier’s cancellation policies. I have been advised to use a form of payment other than cash or check that may offer me the opportunity to dispute the charge should a vendor cease operating.
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​DOCUMENTATION/PROOF OF CITIZENSHIP/PASSPORTS
It's your responsibility to ensure that you have the required documents for entry to the destination. In the event that you are denied entry for any reason, no refund for unused services will be considered. A passport must have a validity date of at least 6 months after your return date. Names on airline tickets must appear exactly as shown on passport. I understand that a Passport Booklet is required for international air travel, and recommended for all travel destinations, and that a Passport Card is only valid for land/sea crossings.
Passport and visa information may be obtained by contacting the Travel Advisory Section of the US State Department at 202.647.5225 or by visiting the State Department’s website at travel.state.gov. Non-US passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC’s website at www.cdc.gov.
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​PRIVACY NOTICE
Privacy Notice (TSA Update: August 13, 2009): The Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C section 114, the Intelligence reform and Terrorism prevention Act of 2004 and 49 C.F.F parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA website at www.tsa.gov.
​I understand that the Transportation Security Administration requires me to carry a government issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on my identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight.
Magical Moments Vacations is not responsible for the issuance of travel identification such as passports and/or visas and travelers should ensure they have or have been approved for the appropriate documents before purchasing travel.
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​AIR TRANSPORTATION
Magical Moments Vacations is not responsible for unforeseen flight delays or schedule changes imposed by an airline. Air schedules may be subject to change at the discretion of the airline. Any cancellations or changes to airlines reservations are subject to any cancellation penalties imposed by the airline.
​LOST/DAMAGED BAGGAGE
Lost/damaged baggage is the responsibility of the supplier not Magical Moments Vacations.
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​EXCESS BAGGAGE CHARGES
Magical Moments Vacations. is not responsible for excess baggage charges.
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TYPOGRAPHICAL ERRORS
In the event of a typographical error, Magical Moments Vacations reserves the right to re-price or change any quote or reservation with or without notice.
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UNUSED SERVICES
Unused services are non-refundable and non-transferable.
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​TRAVEL INSURANCE
The purchase of medical and trip cancellation/interruption insurance is strongly recommended. Agents of Magical Moments Vacations are not licensed insurance agents, and it is the client's responsibility to understand their insurance policy and ask any detailed questions directly to the travel supplier. I understand travel insurance has been offered to me for purchase to cover certain risks inherent in travel such as supplier bankruptcy, trip interruption and/or the inability to travel due to a medical or personal emergency. If I choose not to purchase travel insurance or if I purchase travel insurance on my own (not through Magical Moments Vacations), I understand that Magical Moments Vacations requires that I confirm or decline insurance in writing via our agency forms, email, text message, or other written correspondence.
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​TRAVEL SERVICE REQUESTS
Hotel preferences such as bedding, room location or configuration, and amenities, are on a request basis only. Magical Moments Vacations does not guarantee the fulfillment of client requests.
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​CONSTRUCTION
Magical Moments Vacations is not responsible for any inconvenience arising from hotel or accommodation construction.
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​WEBSITE AND BROCHURE ACCURACY
Magical Moments Vacations is not responsible for factors beyond our control which alter the accommodations, trains, flights or activities purchased. All photographs in any brochure and/or website are purely representational and are not a guarantee that everything will be as depicted upon arrival at your destination.
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​ACT OF GOD / FORCE MAJEURE
Magical Moments Vacations and/or its suppliers cannot assume liability for any loss, damage or injury resulting from an Act of God or any other greater force.
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​MAGICAL MOMENTS VACATIONS RESPONSIBILITY
The liability of Magical Moments Vacations, agents and affiliates (collectively "indemnified Parties") for any loss, damage, or injury of any nature or kind whatsoever, arising out of its own acts, omissions or negligence, is limited to the amount paid for the vacation package. Except as set out above Magical Moments Vacations will not be liable for any loss, damage or injury of any kind whatsoever to person or property. Magical Moments Vacations is not liable for any third-party omissions.
CLAIMS
You agree that any claims against Magical Moments Vacations shall be made in writing and received by Magical Moments Vacations no later than 30 days after the event causing the claim. Claims made after 30 days will not be responded to. I agree that this disclaimer includes my entire traveling party.
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​DISPUTE RESOLUTION
The exclusive venue for all claims, actions or proceedings against Magical Moments Vacations arising out of this contract shall be in Hancock County, Ohio, or in the state of the MMV travel advisor and such claims, actions or proceedings shall be determined according to the laws of Ohio, or the state of MMV travel advisor, with a maximum penalty not to exceed the total earned by the travel advisor, or by Magical Moments Vacations, in the original transaction.
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​SEVERABILITY
The invalidity of any provision contained here in shall not affect the validity of any other provision. Your reservation deposit indicates acceptance of the above Terms and Conditions and limits on responsibility.
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​LIABILITY LIMITATION
Magical Moments Vacations, acts only as agent for Client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the Client's benefit, and on the express condition that Magical Moments Vacations shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with. Magical Moments Vacations, shall not be liable for any injuries or any damage to any client or be subject to any claim, demand, injury, or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of Magical Moments Vacations, its officers, employees, or agents. Client does hereby expressly release and discharge Magical Moments Vacations from all such claims, demands, injuries, damages, actions or causes of action. Client acknowledges that he/she has carefully read this paragraph and fully understands that this is a waiver and release of liability.