These Terms and Conditions (“Terms”) govern the relationship between you, the Traveler, and Magical Travel by Lindsey (“Agent,” “we,” “us,” or “our”) regarding the provision of Booking Services for Travel Services. By engaging with our services, you agree to be bound by these Terms on behalf of yourself and all Travelers in your booking who share the same household. Please read these Terms carefully before accepting Booking Services or Travel Services. If you do not understand any part, contact us at magicaltravelbylindsey@gmail.com for clarification.
1. Definitions
1.1. Agent: Magical Travel by Lindsey, a travel agent providing Booking Services.
1.2. Booking Services: Travel reservation and booking services provided by Agent under these Terms.
1.3. Lead Traveler: The individual (you) acting on behalf of all Travelers in the same booking who share the same household.
1.4. Supplier: Any third-party provider of Travel Services, such as airlines, hotels, cruise lines, or tour operators.
1.5. Traveler: You and all individuals in the same booking who share the same household.
1.6. Travel Services: Travel-related products and services provided by Suppliers, including but not limited to accommodations, air transportation, cruises, car rentals, tours, activities, and other leisure or business travel services.
2. Traveler Responsibilities
2.1. Agreement to Terms: By providing your signature, payment authorization, or engaging Booking Services, you agree to these Terms, including all cancellation policies, on behalf of yourself and all Travelers in your booking.
2.2. Lead Traveler Role: As the Lead Traveler, you:
2.2.1. Represent all Travelers in your booking.
2.2.2. Confirm you have shared these Terms with all Travelers and obtained their written agreement to these Terms, which you will promptly deliver to Agent upon request.
2.3. Booking and Payment: You are responsible for:
2.3.1. Booking and confirming reservations sufficiently in advance to ensure availability and avoid additional fees or fare increases.
2.3.2. Making timely payments for all reservations.
2.4. Understanding Terms: You acknowledge that these Terms are conspicuous and agree to read and understand them before engaging Booking Services or Travel Services.
2.5. Clarification: If any part of these Terms is unclear, you must contact Agent in writing at magicaltravelbylindsey@gmail.com for clarification prior to booking.
3. Agent’s Role
3.1. Scope of Services: Agent provides Booking Services, not Travel Services, acting as an intermediary between you and Suppliers.
3.2. Error Correction: Agent reserves the right to correct errors or omissions in pricing or other booking details at any time.
3.3. No Control Over Suppliers: Agent is not responsible for Suppliers’ actions, policies, or performance, as Suppliers operate independently.
4. Suppliers
4.1. Independence: Suppliers are independent entities providing Travel Services under their own terms, conditions, and management.
4.2. Consent to Suppliers: By paying for Travel Services, you consent to the use of the Suppliers identified in your travel documentation.
4.3. Supplier Terms:
4.3.1. All documentation, receipts, confirmations, and tickets are subject to Suppliers’ terms and conditions.
4.3.2. You are responsible for reviewing and complying with Supplier terms, including payment obligations and restrictions on availability or use.
4.4. Consequences of Non-Compliance:Violation of Supplier terms may result in:
4.4.1. Denial of access to Travel Services.
4.4.2. Cancellation of reservations.
4.4.3. Forfeiture of payments.
4.4.4. Fees or penalties charged to Agent, which you agree to reimburse.
4.5. Liability Waivers: Suppliers may require you to sign liability waivers before participating in Travel Services.
4.6. No Agent Liability: Agent is not liable for:
4.6.1. Supplier breaches of contract, failure to comply with laws, or negligent acts, errors, or omissions resulting in delays, costs, losses, injuries, or death.
4.6.2. Supplier bankruptcy, which may result in non-delivery of services or non-refunded payments.
4.6.3. Supplier promotions, incentives, or offers, which are subject to availability and may change without notice.
4.7. No Financial Insight: Agent has no special knowledge of Suppliers’ financial conditions and is not liable for recommending trip credits or refunds.
5. Rates and Inclusions
5.1. Quoted Rates: Rates are based on specific inclusions provided to you in writing by Agent.
5.2. Exclusions: Unless explicitly itemized in your travel documentation, rates do not include:
5.2.1. Airport, port, or station fees; security, customs, immigration, or visa fees; or other government-imposed taxes or charges.
5.2.2. Meals, beverages, entertainment, seat assignments, upgrades, gratuities, transportation, insurance, medical costs, or other charges of a personal nature, without limitations.
6. Reservations and Payment
6.1. Payment Authorization: You authorize Agent to charge your chosen payment method for all booking-related charges.
6.2. Currency Conversion:
6.2.1. Non-USD payments to Agent are converted at current exchange rates.
6.2.2. Agent payments to Suppliers are converted at current exchange rates, and Agent is not responsible for fluctuations or related fees.
6.3. Booking Confirmation:A purchase of Travel Services is not complete until all deposits and other amounts due have been paid and processed and you have received written confirmation, booking confirmation, from Agent.
6.4. Late Payments: Failure to pay by due dates may result in:
6.4.1. Cancellation of bookings by Suppliers, with deposits or payments becoming non-refundable.
6.4.2. Additional Supplier fees, price increases, or penalties, for which you are responsible.
6.5. Cancellation by Agent: Agent may cancel your booking if full payment is not received within a reasonable time, at Agent’s discretion.
6.6. Rebooking Fees: If rebooking is requested, Agent may charge a non-refundable fee for assistance, subject to Supplier policies.
7. Changes and Cancellations
7.1. Compliance with Supplier Policies: You agree to comply with Supplier terms regarding changes or cancellations and to pay any applicable fees.
7.2. Fees for Changes/Cancellations:You may incur:
7.2.1. Agent fees of USD $50.00 per change or cancellation.
7.2.2. Supplier fees, charges, or penalties.
7.3. Non-Refundable Services: No refunds will be issued for cancelled, unused, or partially used Travel Services.
7.4. Hotel Policies: Some hotels may not permit changes or cancellations, per their terms.
8. No Shows
8.1. Definition: Failure to appear for any reservation or booking is considered a “no show.”
8.2. Penalties: No show penalties may equal up to the full cost of the Travel Services, subject to Agent and Supplier policies.
9. Refunds, Chargebacks, and Adjustments
9.1. Refund Requests: All claims for refunds or adjustments must be submitted to Agent in writing with full details and proof of payment.
9.2. Non-Refundable Bookings: Refunds may not be available after booking confirmation or payment, per Supplier terms.
9.3. No Refunds for Certain Events:Suppliers may not issue refunds for cancellations due to terrorism, political unrest, pandemics, or similar circumstances.
9.4. Chargeback Restrictions: You waive any right to initiate chargebacks (except in cases of fraud) and agree to cover Agent’s costs, including legal fees, arising from unauthorized chargebacks.
10. Accommodations
10.1. Availability: Hotel accommodations are subject to availability at booking.
10.2. Non-Refundable Deposits: Some hotels require non-refundable, non-transferable deposits, which Agent will communicate in advance.
10.3. Amenities: Amenities (e.g., air conditioning, elevators, pools) are not guaranteed to be available or operational.
10.4. Reimbursement: Any reimbursement for unavailable amenities is the hotel’s responsibility, not Agent’s.
11. Air Travel
11.1. Name Changes: Most airlines treat name changes as cancellations, subject to their terms.
11.2. Baggage Fees: You are responsible for excess baggage fees and confirming airline baggage allowances.
11.3. Non-Refundable Tickets: Airline tickets may be non-refundable and non-exchangeable after purchase.
11.4. No Agent Liability: Agent is not liable for airline schedule changes, delays, cancellations, or additional fees for seat assignments, baggage, or other services. Airlines retain the right to change aircraft and seat assignments at any time.
11.5. Seat Assignments: Seat assignments are subject to availability and airline discretion, and Agent cannot guarantee specific seating arrangements.
12. Travel Insurance
12.1. Recommendation: Agent strongly recommends purchasing comprehensive travel insurance covering medical emergencies, travel delays, and cancellations.
12.2. Assumption of Risk: If you decline insurance, you assume all risks and financial losses related to cancellations or incidents during travel.
12.3. Exclusions: Some insurance policies exclude coverage for pandemics or epidemics.
12.4. No Agent Liability: Agent is not liable for your decision not to purchase insurance or for any claim denials by insurers.
13. Traveler Conduct
13.1. Responsibility: You are responsible for any damage or loss caused by any Traveler’s acts, errors, or omissions, and for direct payment to Suppliers for such damages. You agree not to hold Agent accountable for any claims arising from Traveler acts, errors, or omissions.
13.2. Indemnification: You indemnify Agent against claims, including legal fees, arising from Traveler’s acts, errors, or omissions.
13.3. Removal from Services: An Authorized Party (e.g., Supplier, ship captain, tour operator) may refuse or terminate Travel Services if a Traveler:
13.3.1. Poses a danger to themselves or others.
13.3.2. Engages in disruptive, abusive, or harassing behavior.
13.3.3. Fails to follow Supplier rules or instructions.
13.4. Consequences of Removal: If removed, you are responsible for all subsequent costs (e.g., accommodations, transportation) and forfeit any refunds. Agent is not responsible for any costs relating to Traveler conduct, Traveler removal from any Travel Services, in whole or part, based on Traveler’s negligence, willful misconduct, or otherwise.
13.5. Baggage Responsibility: You are solely responsible for your baggage and personal items at all times, including items acquired during your travel.
14. Disabilities and Special Needs
14.1. Advance Notification: Notify Agent in advance of any disabilities or special needs requiring accommodations.
14.2. Accommodations:
14.2.1. Rentals for mobility devices may be available, potentially at additional cost.
14.2.2. Airlines and Suppliers may impose fees or restrictions for accommodations.
14.3. Service Animals:Suppliers may require advance arrangements and documentation of service or emotional support animals training, animal’s health, and other related factors.
14.4. International Variations:Countries outside of the United States may have different laws, rules, regulations, accessibility standards, limited medical facilities, limited access to prescriptions medication, and limited means to accommodate disabilities or special needs. Consult your health provider prior to planning or booking your travel.
14.5. Agent’s Role: Agent will make reasonable efforts to request accommodations and arrange appropriate services or equipment but is not liable for Suppliers’ failure to meet your needs and expectations.
15. Additional Traveler Responsibilities
15.1. Food Allergies:
15.1.1. Notify Agent in advance of any food allergies or similar conditions.
15.1.2. You assume all risks and responsibilities related to food allergies, including due diligence before and during travel.
15.1.3. No chargebacks may be pursued for issues related to food allergies.
15.2. Risk Activities:
15.2.1. You assume all risks and costs associated with inherently dangerous activities, hazardous activities, or activities having the potential to result in costs, damage to property, injury, disability, illness, or death of any person.
15.2.2. You release Agent from all liability related to such activities.
15.3. Identification and Documentation:
15.3.1. Provide accurate Secure Flight Passenger Data (e.g., full name, date of birth, gender) matching government-issued ID.
15.3.2. The name of Travelers on all reservations and travel documents must match the name as it appears on that Traveler’s government-issued identification.
15.3.3. Traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect or non-matching information.
15.3.4. Updated information regarding security measures and requirements for air travel are available at www.tsa.gov. Agent highly recommends that Travelers check this website well before travel.
15.3.5. Ensure passports are valid for at least six months beyond return dates for international travel.
15.3.6. Travelers are responsible to confirm, obtain, and comply with all visa, entry, and exit requirements.
15.3.7. Minor Travelers (age 17 and under) traveling without an adult, with a single parent, or with a non-parent adult may be required to have additional documentation, as required by domestic or international airline Suppliers.
15.3.8. Agent may be able to assist you in acquiring the necessary travel documents upon your request. However, Agent is not responsible or liable for your failure to hold visas or documentation or to determine the validity of your passport or any other travel document to enter or exit any country.
15.3.9. No refunds will be issued for costs due to failure to obtain or provide required documentation.
15.4. Entry Refusal:
15.4.1. You are responsible for understanding destination entry laws, including restrictions for criminal records.
15.4.2. Agent does not inquire into Traveler criminal records in the interests of privacy. Traveler is responsible for understanding all destination entry laws and for knowing if you or anyone in your party has a criminal record.
15.4.2. Entry refusal does not justify cancellations, chargebacks, or refunds.
15.5. Pandemics and Travel Advisories:
15.5.1. You are responsible for reviewing CDC and U.S. Department of State travel advisories or any restrictions related to pandemics or epidemics. (e.g., CDC Travel Notices, State Department Advisories).
15.5.2. Comply with testing, quarantine, or documentation requirements, and bear all related costs.
15.5.3. Agent is not liable for travel restrictions, health-related cancellations, or associated penalties.
15.6. Restricted and Hazardous Materials:
15.6.1. You are responsible for knowledge, comprehension, and compliance with laws in each jurisdiction in which you travel regarding restricted products or materials.
15.6.2. You are responsible for knowledge, comprehension, and compliance with laws in each jurisdiction in which you travel regarding Illegal drugs, substances, and paraphernalia, including prescription or over-the-counter products that may be restricted in some jurisdictions but unrestricted in others.
15.6.3. You are responsible for understanding and complying with all requirements regarding hazardous materials and insecticides.
15.6.2. Violations may result in termination of Travel Services or legal consequences.
16. General
16.1. Reservation of Rights and Changes to Terms:
16.1.1. We reserve the right, in our sole discretion, to amend these Terms at any time.
16.1.2. Updated Terms will be provided to Travelers, posted on our website at magicaltravelbylindsey.com, and are effective immediately upon posting.
16.1.3. Continued use of Booking Services or Travel Services constitutes agreement to the revised Terms.
16.2. Amendments: These Terms may only be amended in writing by Agent.
16.3. Assignment: You may not assign any rights or obligations under these Terms without Agent’s prior written consent.
16.4. Waiver: No delay or failure to enforce any right under these Terms constitutes a waiver of that or any other right. All rights are cumulative.
16.5. Severability: If any provision is found unenforceable, it will be enforced to the fullest extent permitted, and other provisions remain in effect.
16.6. Relationship: These Terms do not create a partnership, joint venture, or employment relationship. You have no authority to bind Agent.
16.7. Notices: Notices must be in writing and sent to magicaltravelbylindsey@gmail.com or your provided contact information, effective upon receipt.
16.8. Counterparts: These Terms may be executed electronically in counterparts, each considered an original, together forming a single agreement.
16.9. Governing Law: These Terms are governed by the laws of Arizona, without regard to conflict-of-law principles.
16.10. Further Assurances: Both parties will perform necessary acts to effect these Terms and address unforeseen issues in good faith.
16.11. Entire Agreement: These Terms, along with any Travel Services Agreement, constitute the entire agreement between you and Agent, superseding all prior agreements.
17. Limitations of Liability
17.1. No Liability for Suppliers or Third Parties: Agent is not liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from:
17.1.1. Supplier acts, errors, omissions, cancellations, or bankruptcy.
17.1.2. Traveler acts, errors, or omissions.
17.1.3. Third-party actions or events beyond Agent’s control.
17.2. Damage Cap: If damages are awarded against Agent despite the above, they are limited to the total commissions or fees received by Agent for Booking Services.
17.3. No Warranties: All other warranties, express or implied, are excluded.
18. Arbitration
18.1. Dispute Resolution: Disputes arising under these Terms will first be addressed through good-faith negotiation for 60 days following written notice.
18.2. Binding Arbitration: If unresolved, disputes will be submitted to binding arbitration in:
18.2.1. Location:Maricopa County, Arizona.
18.2.2. Arbitrator:A single arbitrator, who may not add parties, vary Terms, award punitive damages, or certify a class.
18.2.3. Governing Law:Federal law and the laws of Arizona (Maricopa County).
18.3. Costs: Each party will bear its own legal fees and costs.
19. Force Majeure
19.1. No Breach: Agent is not liable for failure or delay in performing obligations due to force majeure events, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, strikes, or equipment failures.
19.2. No Refunds: Agent is not responsible for refunds due to force majeure-related delays or cancellations.
19.3. Supplier Discretion: Suppliers may modify or cancel itineraries due to force majeure without notice.
19.4. Alternative Arrangements: You are responsible for any costs arising from alternative travel arrangements necessitated by force majeure events.
20. Contact Information
For questions, clarifications, or notices regarding these Terms, contact us at: