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General Terms and Conditions

1. General Information

a) Magic Tourism presents and makes available, in its catalogue, numerous tourist activities that can be enjoyed by the legitimate holders of Voucher's

b) The aforementioned experiences are organized, carried out, produced and provided by reputable and qualified suppliers, pursuant to agreements entered into between each of them and Magic Tourism, which acts as an intermediary between the holder of a Voucher and the supplier of the respective experience.

c) Any purchase of a Voucher issued by Magic Tourism implies the unreserved acceptance, either by the purchasers or the holders, of these General Terms and Conditions, as well as their full and complete adherence to the respective conditions, which will prevail over any other document of the acquirers or holders and, in particular, on any other general conditions of purchase, which acquirers or holders will expressly acknowledge that will not apply – unless otherwise agreed in writing, expressly and in advance by Magic Tourism

d) Any and all documents other than these General Terms and Conditions, namely catalogues, prospectuses, advertisements, news, emails or Newsletters, will only have an informative and non-contractual value.



2. Products on sale

a) All products and promotions that present promotional conditions for purchase mentioned on www.magictrain.pt, are limited to the restrictions indicated therein.



3. Validity of Voucher's

a) The Voucher's are valid for use, expressed in them, valid from the respective date of purchase, as well as the realization thereof, must occur within this period, under penalty of irrevocable loss of rights granted by the Voucher

b) Within the respective validity periods mentioned above, Voucher's serve as a “means of payment” with the supplier responsible for organizing and providing the chosen experience. After the respective validity period, the Voucher's are immediately and automatically canceled by the system, and cannot be revalidated or used.

c) Magic Tourism may, in exceptional cases, analyze the possibility of extending the validity period of a Voucher, by prior contacting the cardholder with the Magic Tourism customer service on 22 202 42 46, or via email to magictrain @magictrain.pt



4. Booking / Booking of tours / trips

a) The booking of experiences referring to a certain Voucher (or Pack) must be made directly with Magic Tourism, responsible for providing the experience selected by the holder, at least 15 to 30 days in advance of the desired date – except for holiday periods (Summer, Easter, Carnival, holidays and long weekends), Christmas and New Year and weekends, in which advance notice must be at least 20 to 40 days.

b) Without prejudice to the preceding paragraph, Voucher holders may contact Magic Tourism services – through 22 202 42 46 or through the email magictrain@magictrain.pt – to obtain any clarification. The bookings will be considered valid and definitive in accordance with the respective commercial policy of the suppliers of selected and/or purchased trips/tours, namely when the bearer receives confirmation of the services by Magic Tourism, via telephone or email.

c) On the day of the experience, the holder must deliver the Voucher as a "means of payment" to the supplier responsible for providing the reserved trips/tours, with the requested data filled in, and must appear at the place and date scheduled at least in advance of 15 to 45 minutes compared to the scheduled time, unless otherwise indicated by Magic Tourism when booking/reserving.

d) Trips/tours, when provided by a supplier, have a limited physical response capacity, conditioned in particular by the cases mentioned above, and your reservation is subject to this condition. If Voucher's holders experience difficulties in making these reservations, they should contact Magic Tourism, which will do everything to find an alternative trip/tour.



5. Voucher's

a) Voucher's allow the booking of any other experience, other than the one mentioned on the voucher, or among the list of experiences defined in the case of Pack's, regardless of its face value.

b) If the chosen experience has a value equal to the Voucher, the reservation will be made immediately.

c) If the chosen experience has a value higher than the experience check, the difference will be paid by the holder, upon purchase of a new experience check with the value of the upgrade. In this case, the new check is valid for 180 days from its issuance.

d) If the chosen experience has a value lower than the experience voucher, Magic Tourism will convert the difference amount, issuing a new Voucher for use in future purchases. The validity of this new Voucher will be the same as the original Voucher, which will have the new value, so the sum of both Voucher's will always be equal to the initial value.



6. Cancellation, booking and carrying out of tours/trips

a) If the holder wishes to cancel or change his appointment, he can only do so, exclusively, with Magic Tourism, with a minimum of 5 to 30 (in the case of Travel Packs) working days in advance – without prejudice to one greater advance notice in accordance with the commercial policy of each supplier or in other cases expressly provided for, and in any case, Magic Tourism cannot be held liable in this regard.

b) In case of cancellation of experiences related to accommodation, the advance notice must be at least 20 working days before the scheduled date, without prejudice to a different indication by the respective supplier.

c) Cancellations that are not processed under the terms provided for in the preceding paragraphs will not be carried out and will imply the loss of rights inherent to the Voucher in question, namely regarding new bookings.

d) Without prejudice to all cancellations and/or reschedulings that can only be made directly with Magic Tourism, holders may use the services of Magic Tourism for advice and information, which, although not having any responsibility in any matters relating to this it will take steps to reach an agreement between the parties.

e) If the supplier agrees with the cancellation of a reservation, it is possible for the customer to make a new booking, having to contact Magic Tourism

f) Once the reservation has been made, if the holder does not appear on the date, time and place set without having carried out a cancellation or change in the terms described above, he will lose all rights inherent to that Voucher, namely the right to a new appointment.



7. Suppliers, Location, Description and Duration of Experiences and Transport

a) Magic Tourism's network of suppliers is spread across mainland Portugal, and is continuously growing. In cases where it is necessary to remove some places or suppliers from the catalog of experiences published by Magic Tourism, it will replace them with alternative locations and suppliers.

b) Without prejudice to the preceding paragraph, if Magic Tourism finds itself in the event of removing from its travel/tours catalog any place, supplier, or the travel/tours itself, this will not imply the return of the Voucher or the refund of the purchaser , granting only the right to replace the trips/tours withdrawn by another one of a similar nature.

c) The description of each trip/tour, even if in abbreviated form, can be found in the catalog at www.magictrain.pt. These descriptions may change without prior notice (namely regarding the duration, restrictions and characteristics of the services included, among others), and their realization is exclusively subject to the availability and conditions imposed by the suppliers, who will be solely responsible for them.

d) The photographs of trips/tours included in the Magic Tourism catalog are merely illustrative.

e) The duration of the trip/tour is indicated in an approximate way and is merely indicative. Unless otherwise specified, each trip/tour will be carried out together with other people, which may lead to variable waiting times to which Magic Tourism is totally oblivious.

f) Trips/tours – unless otherwise indicated, namely due to their own nature – do not include transport, accommodation and meals.

g) Without prejudice to the above, all information provided by Magic Tourism about the trips/tours is merely indicative and non-binding, being responsible for all information relating to the trips/tours and for all circumstances relating to their preparation, realization and use exclusively of their suppliers, and Magic Tourism cannot be held responsible for any issue of this nature.



8. Restrictions

a) The experiences may presuppose the verification of certain conditions and requirements regarding the person(s) who use them, such as minimum age, health status, good physical or psychological conditions or other requirements.

b) Booking restrictions are stipulated by each partner, with Magic Tourism being responsible for managing reservations and informing customers of the dates on which it is not possible to accept bookings.

c) Where possible, such restrictions will be indicated in the Magic Tourism catalog and website, although the responsibility for informing such conditions rests solely with the experience provider and not with Magic Tourism, who cannot be held responsible for such information or for absence of them.

d) Most of the experiences can be enjoyed by people with disabilities. In any case, all cases of any physical and/or mental limitation on the part of users of the experiences must be expressly referred, either to the travel/tour providers at the time of the trip/tour or to Magic Tourism itself at the time of the booking, under penalty of impossibility of carrying out the trip/tour



9. Atmospheric conditions and technical unforeseen events

a) The realization/provision of certain trips/tours may depend on the verification of favorable weather conditions. In these cases, cardholders must request all the information they need from Magic tourism, at the time of booking.

b) In case of contact with Magic Tourism, it will provide the purchasers and holders with any clarifications at their disposal and will provide support in establishing contact between holders and travel/tours providers.

c) If an experience is canceled due to weather conditions, the bearer must request information from its supplier and from Magic tourism, namely to make a new booking, which will always be subject to the validity period of the respective Voucher and the weather conditions of the scheduled day, as well as other conditions under the full responsibility of the suppliers.

d) If purchasers and/or holders incur expenses, losses or damages resulting from a cancellation due to adverse weather conditions or other unforeseen circumstances and circumstances preventing the realization of the trips/tours, Magic Tourism cannot be held liable, under which form, for such expenses, losses or damages and, in particular, for the reimbursement thereof, and this matter must be dealt with, exclusively, directly with the tour/travel suppliers

e) Any matter related to the non-performance of any experience on the date set for this purpose, whatever the cause, must be resolved and addressed to Magic Tourism, and no liability whatsoever in this matter can be attributed to it - without prejudice to any the support you will provide as a mediator.



10. Refunds

a) Voucher's refund is subject to the rules established by the point of sale where they are purchased and to the legally stipulated deadlines.

b) If the Voucher has been purchased at www.magictrain.pt, by calling 22 202 42 46 or at Magic Tourism's premises located at Rua Saraiva de Carvalho, Porto, the refund will be made within 14 days provided that the interested holder is accompanied by the corresponding proof of payment and the Voucher in its original and unaltered state.

c) In the event of non-use, loss, theft or destruction of the Voucher, the holder and/or purchaser cannot demand any compensation or enjoyment thereof. All Voucher's are non-redeemable for cash, and must be used by the date indicated.
In the case of plane or bus travel, it will only be accepted for groups with a minimum of 20 participants. If this number is not reached, the money given for signaling the trip will be refunded.



11. Insurance

a) The risks inherent in the provision/carrying out of trips/tours, as declared to Magic Tourism by all providers of trips/tours, are covered by insurance in the amounts required by law, contracted by such providers of related services with the trips/tours

b) The eventual inexistence, invalidity or insufficiency of the insurances referred to in the preceding paragraph shall be the sole responsibility of the suppliers, as well as the exclusive responsibility of the travel/tours suppliers to underwrite all insurance, policies, licenses or other requirements, namely of administrative jurisdiction, related to the provision and use of all services related to travel/tours

c) The existence of the above insurance does not affect the obligation of the users of the experiences to guarantee, expressly and under their sole responsibility, that they have all the physical and mental conditions to carry out the experiences, but they are invited to inform if they are themselves covered a sufficient insurance policy, namely for the practice of sporting activities and certain so-called “risk” activities.

d) The users of the trips/tours are obliged to scrupulously comply with all the elementary rules of prudence related to their performance, especially in sporting activities and in so-called “risk” activities, and must fully follow all the instructions, rules and indications that are provided by the suppliers of trips/tours, and the realization of the same will always presuppose the acceptance of all the risks inherent to them by the users.



12. Liability of Magic Tourism

a) Magic Tourism is a travel agency registered with RNAVT 217/2013, being licensed for the commercialization of all activities included in its catalogue.

b) Magic Tourism acts as an intermediary and provider of the services acquired by the acquirers and enjoyed by them or by third parties (Voucher's holders). As an intermediary between purchasers and/or carriers and travel/tours providers and also as a supplier, Magic Tourism cannot be held liable, in any capacity, for any matter relating to the execution and provision of trips/ tours, their booking and/or cancellation or postponement, in cases of non-execution or poor execution of the same, as well as all other vicissitudes or consequences related, directly or indirectly, to the provision of experiences, except in the services provided by Magic Tourism – without prejudice to the pursuit, by Magic Tourism, of all steps of intermediation between acquirers (or carriers) and suppliers appropriate to the establishment of consensus and the satisfaction of the legitimate interests of all parties involved.



13. Suggestions and Complaints

Your opinion is important to Magic Tourism. If you have any suggestions or complaints, please do not hesitate to present them, as this is of utmost importance for the improvement of our services.



14. Intellectual Property

Magic Tourism is the exclusive owner of industrial and intellectual property rights related to Voucher's and Pack's. No order can be interpreted as operating any transfer of ownership rights over intellectual and/or industrial property rights to purchasers, holders or any third parties.



15. Validity of these Terms and Conditions

a) When purchasing a Voucher, a Pack or any other product or service marketed and/or advertised by Magic Tourism, the purchasers, holders and, in general, all Magic Tourism customers expressly declare that they have been properly informed of the gifts Terms and Conditions, further declaring to have taken perfect and full knowledge and to have fully understood all their content, conditions and implications, also declaring to accept, without any reservations, these Terms and Conditions in their entirety.

b) In the event that any provision of these Terms and Conditions, even in part, is declared invalid, this will not imply the invalidity of the other conditions and provisions stipulated herein, nor will it affect its validity as a whole, but if expressly committing the purchasers, holders and, in general, all Magic Tourism customers not to invoke against it any invalidity that may be declared (including in court).



SPECIFIC CONDITIONS FOR AIR, BUS AND ACCOMMODATION TRAVEL

1. Object

1.1 These General Contractual Conditions are intended to establish the terms and conditions governing the provision of travel services organized by Viagens Magic Tourism., a company with registered office at Rua José Falcão nº 156, in Gaia 510392750, registered at the Conservatória do Commercial Registry of Gaia, with the same registration number, with license number 217/2013 (hereinafter referred to as Agency), in addition to any Special Conditions agreed between the Client and the Agency.

1.2. The terms contained in the Specific Conditions, if any, prevail over the provisions of these General Conditions, prevailing over both any additional written stipulations specifically agreed between the Client and the Agency.

1.3. The services and products are offered to the Customer under the terms and conditions expressed herein.

1.4. By contracting with the Agency, the Client acknowledges and accepts all established terms and conditions.



2. Entries

2.1. Upon registration, the Client must deposit 40% of the trip price, paying the remaining 60% up to 21 days before the start of the trip.

2.2. If the registration or reservation for the trip takes place 21 days before or less than the departure date, the total price must be paid at the time of registration, subject to the suppliers obtaining confirmation of reservations for the entirety. of services.

2.3. For any change to the travel registration at the Client's request, the Agency reserves the right to charge a change fee as provided for in Point 3.1. infra.

2 4. Without prejudice to the amount to be paid by the Client for the expenses to be made with the reservations necessary to confirm the registration and which will be added to the price of the trip, the Client is also obliged to pay all cancellation expenses, under the terms of point 8. of these General Conditions, should you withdraw from the trip.

2.5. The Agency reserves the right to cancel any registration for which payment has not been made under the conditions mentioned above.



3. Reservations

3.1. Reservations, service fees, changes to reservations and other services will be subject to the amount contained in the tables in force at any given time, plus the amounts charged by suppliers, namely, in the case of changes.

3.2. The form referring to the reservation or request for the service must contain all the necessary elements for its processing.

3.3. The prices referred to in 3.1. they are due for each order for reservation, provision of services or supply of goods and products and will be debited to the Customer at the time of acceptance of the reservation, request for the provision of services or supply of goods and products by the Agency.

3.4 The prices referred to in 3.1. will not be refunded to the Client in the event of non-use or enjoyment of the service or property being reserved, as well as for any other reason not attributable to the Agency.



4. Price Changes

4.1. The Agency reserves the right, up to 20 days before the date of travel, to change the price of the trip if this increase is due to changes in the cost of transport or fuel, duties, taxes or fees chargeable or exchange rate fluctuations, must communicate this fact to the Customer.

4.2. The change will be calculated on a proportional basis to the price variations of the factors that influence the same change.

4.3. The non-acceptance of the trip price increase, under the terms of the law, gives the Customer the right to cancel his registration under the same terms and conditions as those provided for in the section Impossibility of Compliance.



5. Refunds

Once the trip has started, no refund will be due for services not used by the Customer. Failure to provide services provided for in the travel program for reasons not attributable to the Agency, if replacement by other equivalent services is not possible, entitles the Client to be reimbursed for the difference between the price of the services provided and those actually provided, without prejudice of the provisions of number 12.4 of these General Conditions.



6. Subscription Assignment

6.1. The Client may assign his registration, being replaced by another person who fulfills all the conditions required for the trip, provided that he informs the Agency in writing, at least 7 days in advance and that the different service providers included in the trip accept the replacement.

6.2. In the case of cruises and long-haul air travel, the aforementioned period will be 15 days. 6.3. The assignment of registration is jointly liable between the assignor and the assignee for the payment of the price and additional charges arising from the assignment.



7. Airport Fees. VAT tax

7.1. The payment of airport taxes must be made by the Customer at the time of purchase of the trip or, locally, at the airports where it is required, which may vary depending on the destination. In any case, the Agency will inform the Client, upon registration for the trip, of the payment method for these fees.

7.2. Value Added Tax, applicable to the date of travel, is included in the price of the service.



8. Withdrawals

At any time, the customer may withdraw from the trip/stay by written communication, being entitled to a refund of the amounts paid deducted from the following expenses:

8.1. Management expenses incurred by the Agency to obtain reservations and an amount that may go up to fifteen percent of the price of the services in question;

8.2. Non-refundable cancellation costs by suppliers (hotels, means of transport, guided visits and other services);

8.3. Expenses with airline tickets subject to specific conditions that, for that reason, cannot be reimbursed after issuance.




9. Changes

9.1. If the providers of the trip in question allow, whenever a customer, registered for a particular trip, wishes to change his/her registration to another trip or for the same one departing on a different date, or any other change, he/she must pay the fee, as alteration expenses. However, when the change takes place 21 days or less in advance of the departure date of the trip, for which the customer is registered, or if the service providers do not accept the change, it is subject to the expected expenses and charges under the heading “Withdrawals”.

9.2. For each change (names, dates, type of apartment or room), a service fee of €10.00 will be charged. 9.3. After starting the trip, if requested to change the services contracted for reasons not attributable to the agency (eg, extension of nights stay, change of flight), the prices of tourist services may not correspond to those published in the brochure that motivated the contract.



10. Complaints

10.1. They can only be considered if presented in writing within a period not exceeding 20 days after the end of the provision of services.

10.2. They can only be accepted as long as they have been reported to the service providers (hotels, guides, local agents, etc.) during the course of the trip or stay, requiring them to provide the corresponding documents proving the occurrence.

10.3. Failure to deliver the participation and the documents referred to on time constitutes a reason for exonerating the Agency's responsibility.

10.4. In the event of a complaint for non-compliance with the contracted services, the customer may also activate the deposit provided for in accordance with the legislation in force, and for that purpose, submit the respective complaint to Turismo de Portugal IP within 20 working days after the end of the trip.



11. Changes

11.1. Whenever there are substantiated reasons that justify it, the Agency may change the conditions contained in the Program, namely the order of routes, departure times or replace any of the accommodations provided for by others of similar category and location.

11.2. If unforeseen circumstances force the trip to be suspended, the Client will always be entitled to a refund of the amounts paid.



12. Impossibility of Compliance

12.1. If, due to facts not attributable to the Agency, it becomes unable to fulfill any essential service contained in the travel program, the Client is entitled to withdraw from the trip, being immediately reimbursed for all amounts paid, or, alternatively, to accept an amendment services and possible price variation.

12.2. If the aforementioned facts not attributable to the Agency determine the cancellation of the trip, the Client may choose to participate in another trip, accepting an amendment to the contract entered into and a possible change in price.

12.3. If the proposed replacement trip has a lower price, the Customer will be refunded the corresponding difference.

12.4. No refund is due for services that, although made available to the Customer, he chose not to use.



13. Program Cancellations by the Agency

The agency reserves the right to cancel the organized trip if the number of participants is less than the minimum required. In these cases, the Client will be informed in writing at least 8 days in advance, and the Agency will be exonerated from any responsibility for the cancellation.



14. Special Conditions for Children

Given the diversity of conditions applied to children, depending on their age, service provider and travel dates, it is always recommended to question any special conditions that may exist which, given each specific situation, will be the subject of adequate information.



15. Documentation

15.1 The client must have all his/her personal or family documentation in good order (identity card, authorization for minors, passports, visas, vaccination certificate and others that may be required. The personal card is not a valid document to cross Portuguese borders). The Agency declines any responsibility for the refusal to grant visas or the refusal of entry to the client in a foreign country; in these cases, the conditions established for the cancellation of the trip apply, and any and all costs that such situation may entail are also on the client's account.

15.2. Customers who are foreign citizens must have the necessary documentation (passport, visa, residence permit, etc.) to travel or transit within the European Union depending on their nationality. For travel wholly or partially outside the European Union, visas or other special documentation may be required. Always consult the Embassy or Consulate of the destination countries of your trip.

15.3. Under no circumstances will the Agency be liable, directly or indirectly, for the refusal to grant visas or the refusal of the client to enter any country.



16. Limitation of Liability

16.1. The agency's liability will be limited to the maximum amount required by the entities providing the services OF TRAVEL AGENCIES, required by Turismo de Portugal



17. Diets

17.1. BB (Accommodation and Breakfast) - Breakfast only;

17.2. MP (Half Board) - includes breakfast and dinner. Drinks are not included;

17.3. PC (Full Board) – includes breakfast, lunch and dinner. Drinks are not included;

17.4. IT (All Inclusive) – includes breakfast, lunch, dinner, snacks and drinks such as water, juice and wine. Inclusions may be more comprehensive or restricted depending on the destination and hotel chain. You must confirm with the Agency the inclusions of the All Inclusive regime regarding your reservation.

17.5. Any specific Customer request regarding meals is always dependent on the supplier's confirmation and may involve the payment of a supplement.

17.6. Trips organized on a half-board or full-board basis do not include meals that coincide with the flight hours, transport to and from the airport, or waiting for air connections.



18. Arrival and Departure Hours

18.1. The arrival and departure times in each city are indicated at the time of the respective country and according to the hours of the transport companies, therefore, they are subject to change.

18.2. On trips that include transport by bus, the times indicated are approximate.

18.3. Delays resulting from technical reasons or others related to the means of transport, with transport companies or motivated by natural causes are exempt.



19. Accommodation and Schedule

19.1 The group, classification and name of the accommodation are determined by the host State. The list of hotels and apartments in the program is indicative, as well as their category. With regard to accommodation, the following particular rules apply: - Apartments: It is the Customer's full responsibility to provide information on the number of people (adults and children) who will occupy the apartment. In the event that more people than those reserved are present, those responsible for the accommodation may refuse entry. - Hotels: The prices shown are per person and are based on double room occupancy. Not all hotels have a triple room, so an extra bed is placed in a double room, which may not be of the same quality and comfort. In the case of rooms equipped with two large beds or double beds, it is considered that, in most cases, the triple is made up only of these two beds.

19.2. Opening times: As an indicative rule, rooms can normally be used from 2 pm on the day of arrival and must be left free before 12 pm on the day of departure. In the apartments, the entrance is usually at 5 pm on the day of arrival, and they must be free before 10 am on the day of departure. The delivery of keys is normally done within the normal opening hours of the offices, at the reception, in a place to be indicated by the Agency.



20. Luggage

20.1. The agency is responsible for the luggage under the legal terms;

20.2. The customer is obliged to complain to the service provider at the time of removal, deterioration or destruction of baggage.

20.3. In international transport, in case of damage to the baggage, the claim must be made in writing to the carrier immediately after the damage has been verified, and within a maximum of 7 days after its delivery. In case of a mere delay in delivering the baggage, the claim must be made within 21 days from the date of delivery. 20.4. The presentation of such a claim will be an essential foundation for the Agency to be held liable for the entity providing the service.



21. Liability

The Agency's liability, arising from the obligations assumed, is guaranteed by a civil liability insurance with Companhia de Seguros na liberty, with policy n.º095/00240214



22. Means of Payment

The Client may pay for the services by credit card (PAYPAL), Multibanco Reference or others, as long as previously agreed with the Agency.

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