Terms & Conditions
MAGIC HILL HOLIDAYS LTD – TERMS AND CONDITIONS
By booking a holiday (“Holiday”) with Magic Hill Holidays Ltd (“Magic Hill”), you agree to these Terms & Conditions (the “Terms”). By booking a Holiday you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when Magic Hill or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to Magic Hill or authorised agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Magic Hill.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying Magic Hill or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Magic Hill will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You are responsible for assessing whether a Holiday is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on medical precautions. Magic Hill does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Holiday based on your own unique circumstances, limitations, fitness level and medical requirements.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to Magic Hill at the time of booking. Magic Hill will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to Magic Hill at the time of booking but Magic Hill cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and Magic Hill and Magic Hill is not liable for any failure to accommodate or fulfill such requests.
5. AGE & HEALTH REQUIREMENTS
Minimum Age: There is no minimum age to travel. All travellers under the age of 18 must be accompanied by an adult. Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Magic Hill does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s). Children discounts do not apply to all minors. Children discounts only apply to children aged 12 years or under.
Maximum Age: There is no upper age limit though we remind you that some of our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
6. MANDATORY INSURANCE REQUIREMENTS
Travel insurance is mandatory for all travellers. Your insurance must provide cover against personal injury, death and emergency medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories above. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
The published price of the Holiday by Magic Hill is subject to change at any time, before or after booking confirmation. In exceptional circumstances, after a confirmation invoice has been issued by Magic Hill, Magic Hill reserves the right to impose surcharges on Holidays booked due to currency and exchange fluctuations, taxes or government action which impacts the price of the applicable services; provided however, Magic Hill will only do so where the increase in question is greater than 10% of the original price paid for the products or services. Upon learning of the necessity to impose a surcharge in accordance with this section Magic Hill will provide notice to you as soon as reasonably possible.
Where the increase in price is greater than 10% of the original price of the applicable products or services, you may choose to either:
(a) cancel the applicable booking without incurring any penalty; or
(b) accept the change of price.
You must notify Magic Hill of your choice within 14 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.
From time-to-time Magic Hill may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by Magic Hill are not entitled to reduced pricing.
If you book more than 60 days in advance, a 20% deposit (non-refundable) is required. The balance is payable 60 days before the start of the Holiday. If you book less than 60 days before the start of the Holiday, payment is required in full.
The non-refundable deposit should be sent to Magic Hill or authorised agent, as applicable.
9. YOUR DETAILS
As a condition of booking, you must provide the information requested by Magic Hill along with final payment. Necessary details vary by package type; they include but are not limited to full name as per passport, nationality and flight details to destination country. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
The price of your trip does not include:
- International or internal flights unless specified
- Meals other than those specified in your specified itinerary
- Visa and passport fees
- Travel insurance
- Personal expenses
11. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by Magic Hill or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price is due 60 days before the departure date of the Holiday included in the applicable booking. If full payment is not received by the applicable due date, Magic Hill may, at its sole discretion, treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee.
Magic Hill is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Magic Hill.
Changes made by Magic Hill: Magic Hill may modify your itinerary where reasonably required in its sole discretion. If Magic Hill makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a service in its entirety (a “Material Change”), Magic Hill will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
- accept the Material Change and proceed with the amended service;
- book another service of equal or greater value, if available (you will be responsible for paying any difference in price); or
- book another service of lesser value, if available (with a refund payable to you for the difference in price); or
- cancel the amended service and receive a full refund for the portion of the applicable service (a refund is not available for services booked which are not subject to a Material Change).
You must notify Magic Hill of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Holiday has commenced, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Magic Hill. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with Magic Hill, whether or not such expenses arise from a change of itinerary, and Magic Hill is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Magic Hill will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
13. CORONAVIRUS UPDATE (Last Updated 31st August 2021)
For all new bookings, clients with up to 14 night trips are entitled to a Free Postponement to a later date (see Paragraph 14 (ii) for further details)
- Applicable to all new bookings made from 1st April 2020
- New travel dates subject to availability
- Changes possible for travel until 15th October 2022
- Max 1 change per booking permitted
- Changes can be made up to 14 days before departure, otherwise standard terms and conditions apply
- All other standard booking conditions apply to all bookings.
14. AMENDMENT AND POSTPONEMENT
(i) Changes made by you: You are responsible for ensuring that information provided to Magic Hill is accurate and up-to-date. Any changes to your name on any booking are subject to Magic Hill’s approval. Any changes to a booking depend on availability and are subject to Magic Hill’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Holiday, or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the applicable booking.
(ii) Booking Modification/ Postponement fees:
Last Minute Postponement is defined as “cancellation of accommodation and luggage transfers for your original trip start date and amendment to a new date in the future with less than 14 days prior to trip start date”. A Last Minute Postponement will incur a fee of €250 for trips up to 20 nights and €400 for trips longer than 20 nights.
15. CANCELLATION BY THE TRAVELLER
You may cancel your booking by notifying Magic Hill in writing. Cancellation fees will be determined with reference to the date on which notice of cancellation is received by Magic Hill and are expressed as a percentage of the total price paid for the cancelled Holiday.
If you cancel a trip:
(a) 60 days or more prior to departure: Deposit will be retained by Magic Hill in accordance with these Terms, the remainder of the payments made to Magic Hill in respect of the cancelled product will be refunded.
(b) 59-35 days prior to departure: Deposit will be retained by Magic Hill in accordance with these Terms, an amount equal to 70% of the remainder of the payments made to Magic Hill in respect of the cancelled Holiday will be refunded.
(c) 34-15 days prior to departure: Deposit will be retained by Magic Hill in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to Magic Hill in respect of the cancelled Holiday will be refunded.
(d) Cancellation less than 15 days prior to departure: Deposit will be retained by Magic Hill in accordance with these Terms, and no further refund will be payable.
You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a Holiday, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
16. CANCELLATION BY US
We may cancel a trip at any time up to 56 days before departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
17. PASSPORT AND VISAS
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates (including but not limited to vaccination or medical certificates) for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
You are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Magic Hill that is a direct result of your failure to secure or be in possession of proper travel documentation. Magic Hill does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Magic Hill is not responsible for any errors or omissions in this information.
18. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to services or itineraries by Magic Hill. The route, schedules, accommodations, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Magic Hill (including but not limited to illness, mechanical breakdown, strikes and political events). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of Magic Hill, including your removal from a Holiday because of your negligence or breach of these Terms.
19. ACCEPTANCE OF RISK
You acknowledge that adventures travel and the services offered by Magic Hill may involve a significant amount of risk to your health and safety. By traveling with Magic Hill you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Magic Hill from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in itineraries or otherwise offered by Magic Hill.
You acknowledge that the degree and nature of personal risk involved depends on the services booked and the location(s) in which a service operates, and that there may be a significant degree of personal risk involved in participating in physical activities, and and travel to remote locations. You agree that Magic Hill is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Holiday or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Holiday or, if in the opinion of Magic Hill (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, Magic Hill may terminate your travel arrangements on any service immediately at your expense and without any liability on Magic Hill’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Magic Hill or Magic Hill’s suppliers for property damage, destruction or theft caused by you while on a Holiday. You agree to immediately report any pre-existing damage to a representative of Magic Hill or staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Holiday including, but not limited to, the proper use of safety devices (including seatbelts) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Magic Hill nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
20. CLAIMS & COMPLAINTS
If you have a complaint about your trip please contact us at +353 1 442 8921 in order to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the trip by emailing us at email@example.com.
21. MAGIC HILL IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
Magic Hill makes arrangements with accommodation providers, activity providers, transfer operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Magic Hill takes all reasonable care in selecting Third Party Suppliers, Magic Hill is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Magic Hill does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
Magic Hill is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental resulting from the act or omission of any party other than Magic Hill and its employees. Magic Hill is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Magic Hill and its respective employees, directors and representatives shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any watercraft or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Magic Hill for any such loss, damage, injury, or death.
23. FORCE MAJEURE
Magic Hill will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Magic Hill failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Magic Hill; or an event which Magic Hill or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
25. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
26. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Ireland and you submit to the exclusive jurisdiction of the courts located in Ireland for the resolution of any dispute under these Terms or concerning any Holiday or service.
Magic Hill reserves the right to update or alter these Terms at any time, and will post the amended Terms on Magic Hill’s website. Any amendment will take effect 10 days after being posted to Magic Hill’s website. An up to date copy of these Terms, as amended, may be accessed at any time on Magic Hill’s website and will be sent to you upon written request to Magic Hill. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on Magic Hill’s website. Magic Hill recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
Magic Hill is committed to protecting your Personal Information that you share with us.
We do our utmost to ensure your personal information is safeguarded and protected, by adhering and acting in accordance with all applicable legislation, as applicable in the countries and regions in which Magic Hill operates.
28 (a) WHAT IS CONSIDERED PERSONAL INFORMATION AND WHY WOULD IT BE COLLECTED?
Magic Hill collects personal information only to the extent necessary to deliver the services or information to you, or an agent or other passenger booking on your behalf, request.
Magic Hill, either directly or through our agency and booking partners collects, holds, uses and discloses, only as necessary the following personal information from customers in the course of providing services to you: full name, age, home address, phone number, e-mail address, passport and travel medical information, where required, insurance details, where applicable, nationality, residency, nutrition preferences, trip evaluations, travel & accommodation preferences, comments you provide us, trip destination information, credit card and/or other payment information, etc. The collection of this information is done to allow us to provide services to you as requested.
We may also collect personal information, including contact information, if you elect to subscribe to our newsletter, which we will use only to provide you with the service you have requested (or other substantially similar services directly related to your request).
Where the collection of certain details of your personal information is not required in order to deliver requested services or products, you may forgo providing such details. For example, you may sign up for our electronic marketing and newsletters with only an e-mail address.
28 (b) HOW IS MY PERSONAL INFORMATION USED OR DISCLOSED?
Magic Hill uses this personal information to provide the services you have requested, or to provide you with information about those services or Magic Hill. This includes using personal information to: register you to receive newsletters, answer your request for further information about our trips, make a booking or booking(s), provide you with information about the Company and/or our services, and to receive and implement feedback on those services. Furthermore, the personal information allows us to:
- Understand your needs as a customer and determine eligibility for our services.
- Inform you about our services that we believe may be of interest to you.
- Provide ongoing service and support, including resolution of any issues with the services you request from Magic Hill.
- To ensure the safety and security of our passengers.
- Carry out internal accounting and administration of our business.
- Comply with laws, regulations, immigrations requirements, and the like.
Magic Hill may also use your personal information to book services for you or on your behalf from our third party suppliers and service providers. This collection of personal information can be both for our internal purposes, for example, to process your booking. Please be aware that the consent you provide to the collection and use of personal information by Magic Hill, applies equally to the parties whose services we sell or book on your behalf.
28 (c) WHAT ARE THE CONSEQUENCES OF FAILING TO PROVIDE PERSONAL INFORMATION?
If you do not provide the Personal Information that we request, we may not be able to deliver the services you have requested, which may mean you won’t be able to participate in our trips. If you have paid a deposit and later refuse to provide necessary Personal Information to Magic Hill which Magic Hill (or our partners and suppliers) require to deliver the service for which the deposit was paid, you may not be entitled to a refund for that service. Please contact us if you have any questions about providing or not providing Personal Information when booking or otherwise dealing with Magic Hill. Personal information is not collected unless provided to us. This means you can visit and browse our website, or place a call to us, without having to provide any personal information to Magic Hill.
28 (d) HOW DO WE COLLECT THIS INFORMATION AND OBTAIN YOUR CONSENT?
We collect information from customers during the booking process, or during the enquiry process, our sales contact centre (via e-mail or telephone), through on-line evaluations submitted by you, and/or through our travel agency partners and other individuals who make or update bookings on your behalf, or otherwise interact with us on your behalf, including during the enquiry process (whether or not the enquiry proceeds to a booking).
This information is provided by you or on your behalf by someone you have authorised to make or inquire about a booking. We obtain consent by:
- Written permission via mail, email or fax, or online booking form
- Verbal permission
- Third party consent (i.e. from your travel agent, or the passenger booking on your behalf to whom you have provided your personal information for such purpose)
28 (e) HOW IS YOUR PERSONAL INFORMATION PROTECTED?
The security and integrity of your Personal Information is important to us. All personal information is stored in secure databases to prevent unauthorised access. Passwords, encryption devices and firewalls protect these databases. Please note however that no data transmission over the Internet can be guaranteed to be 100% secure. While we take all steps to ensure the safety of your data, we cannot ensure the security of information you transmit to us over the Internet.
Access to your personal and private information is limited to: authorised employees, of Magic Hill, and any of the third-party suppliers who require your information to provide the travel or other services you have requested (such as transportation services, hotels, activity providers, and tour guides who deliver the services you purchase through Magic Hill or that we arrange on your behalf) . We keep our employees and our third party suppliers and other partners informed about our policies and procedures and require strict compliance with this Policy in order to ensure your information remains protected. Unauthorized access and/or disclosure of client information are strictly prohibited.
28(f) WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
Third Party Partners and Suppliers:
Magic Hill will share your information with the outside suppliers (such as guides, travel companies, hotelS, insurance companies, equipment suppliers, and credit card processing entities etc., all of which may be located outside of your country of residence and governed by differing privacy legislation) who perform services on our behalf. As you would expect, certain information must be provided to these suppliers in order to facilitate your booking and in order to provide you with service(s) you have requested. These partners and suppliers are located all over the world – you can reasonably expect your personal information to be shared with organisations we work with in the countries you are travelling to, and in some cases, to the country of the head office of such third party partner supplier.
28 (g) CAN I ACCESS MY INFORMATION AND WHOM DO I CONTACT?
Upon requesting in writing to info@magichillHolidays.com you may request access to, or the right to view or correct, your personal information, subject to certain limitations. If you wish to review or verify the personal information you have provided to us, determine to whom your personal information was disclosed, amend or to delete any information.
Subject to legal restrictions, you can withdraw your consent to our use of your information at any time and with reasonable notice. If you refuse or withdraw your consent for any purpose that is required by us to fulfil our product or service contract with you or the Company, we will not be able to provide you, or continue to provide you, with the product or service.
Magic Hill retains passenger personal information for as long as is reasonably required, with consideration to the purpose for which it was collected or a related or ancillary purpose, and to our legal and regulatory obligations. Magic Hill deletes or otherwise destroys passenger personal information after a reasonable period of time. On occasion, you may have to provide your personal information to us again where it has been so deleted.