Last Updated: March 10, 2016
Acceptance of Terms
Quality, Accuracy and Completeness
The Company attempts to ensure that the Products, Materials, Services and other information featured on this Site are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site may occasionally be inaccurate, incomplete or out of date. The Company makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site.
Consent to Email and Mobile Communications
The Site may contain Services and features that are available to certain mobile phones or devices. Your carrier’s normal rates and fees apply. If The Company charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using The Company’s mobile Services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Products, Services and Special Offers
Offers and promotions posted on this Site, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services, contests, sweepstakes offered on this Site may not be available in every store or location in which The Company products are offered.
All features, content, specifications and prices of Products and Services described or depicted on this Site are subject to change without notice. The inclusion of any Product or Service on this Site at a particular time does not imply or warrant that such Product or Service will be available at any time.
The trademarks, service marks, logos and URLs (collectively, the “Marks”) displayed on this Site are the property of The Company, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of The Company, its licensors or such third party that may own the Marks.
Registration on the Site
In order to be eligible to register, you must meet the following requirements:
- You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
Subscriptions/Orders of Products and Services
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item or service purchased from or subscribed to or made available via this Site. By subscribing to a particular Product or Service, you represent that such Product or Service ordered will be used only in a lawful manner. The Company reserves the right, with or without prior notice, to do any one or more of the following: (i) discontinue any Product or Service; (ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Product or Service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Use of Site, Products, Materials and Services
You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Site only to access, purchase, download, utilize or receive Products, Materials or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Materials or Services, or ordering Products or Services, you agree that you shall not (except as otherwise expressly permitted herein):
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
- Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
- Solicit any business from third party users of the Site;
- Provide any false personal information, or create an account for anyone other than yourself;
- Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
- Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
- (a) Select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;
- Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
- Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services;
- Use the Site, Products, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Products, Services, Materials or systems resources;
- Transmit unsolicited or bulk communications to any The Company affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
- Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
- Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services;
- Access or use the Site in any manner that could damage, disable, overburden or impair any The Company server or the network(s) connected to any The Company server;
- Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- Violate the rights of The Company or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
- Use any The Company domain name as a pseudonymous return e-mail address.
The Company, in its sole discretion, may (but has no obligation to) monitor or review the Site, Materials and Services at any time. The Company may at any time without notice and in its sole discretion: (a) terminate a Service or your access to any Products or Materials or an area of the Site; and (b) disclose any information related to your use of or access to a Service, Product or Material, as The Company deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or The Company on the Site.
Contributions to the Site
In certain instances, your User Submissions may include trip itinerary information, and The Company may seek to use such information and provide access to such information to third parties. Before providing such information to any third party, The Company will seek your permission.
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. The Company does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Site, you may be exposed to material from others that you find objectionable. You acknowledge and agree that The Company shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give The Company legally sufficient notice of infringement. Send copyright infringement complaints to:
We suggest that you consult your legal advisor before filing a DMCA notice with The Company’s copyright agent. There can be penalties for false claims under the DMCA.
Use of Materials
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site, subject to the following conditions:
- You will not quote or display Materials, or any portions thereof, out of context.
- The Company reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from The Company.
- Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- You will not use the Material in any way that infringes the owner’s or any other third party’s rights in and to such Materials.
The rights specified above to view, download and print Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site may be copied or retransmitted unless expressly permitted by The Company. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Restriction and Termination of Use
The Company may block, restrict, disable, suspend or terminate your access to all or part of the Site, Products, Services and Materials at any time in The Company’s sole discretion, without prior notice or liability to you.
Links to Third Party Sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by The Company to you as a convenience and the inclusion of the links do not imply any endorsement by The Company of any Linked Site. The Company has no control of the Linked Sites and you therefore acknowledge and agree that The Company is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site, or any transactions that may occur on such Linked Sites or that you may enter into with respect to the owners of such Linked Sites. You further acknowledge and agree that The Company is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Payment processing services for Magnetico Sud Expense on Magnetico Sud are provided by subsequent payment gateways. By agreeing to these terms or Magnetico Sud on www.magneticosud.com, you agree to be bound by the relative Services Agreement, as the same may be modified by the relevant payment gateway from time to time. As a condition of Magnetico Sud enabling payment processing services through the payment gateway, you agree to provide Magnetico Sud accurate and complete information about you and your business, and you authorize Magnetico Sud to share it and transaction information related to your use of the payment processing services provided by Stripe.
Warranties and Disclaimers
THE SITE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED BY THE COMPANY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, OR ANY PRODUCTS, MATERIALS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, PRODUCTS, MATERIALS AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE SITE, PRODUCTS, MATERIALS AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, PRODUCTS, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS, PRODUCTS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) THE COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES; (ii) THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
Personal Information and Privacy
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, PRODUCTS, SERVICES, OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE.
Advertisements and Promotions
The Company may run advertisements and promotions from third parties via the Site related to certain Products, Services or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of Products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that The Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-The Company advertisers on the Site or in connection with the Products, Services or Materials.
Indemnity and Liability
Governing Law and Jurisdiction
This Site (excluding Linked Sites) is controlled by The Company from its offices within the Netherlands. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Netherlands without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or court in the Netherlands, with respect to such matters.
App platform and Mobile App use
On the Magnetico Sud travel reservation portal available at www.magneticosud.com (“Magnetico Sud Platform” or “Platform“), you have the possibility to book travel packages (multi-day travel itineraries) and travel components offered by tour operators. The travel packages, which are configurable to allow for a personalization according to your needs, are directly provided by local tour operators (“Tour Operator“), which offer these travel packages on their own behalf and under their own responsibility.
These Booking Terms define the terms and conditions of the Booking Agreement you (“Customer” or “you“) are entering when you book a travel package offered by a specific Tour Operator via the Magnetico Sud Platform.
Acceptance of Terms:
With your booking of a travel package via the Magnetico SudPlatform, you confirm to have read, understood and expressly agreed to these Booking Terms.
You understand and agree that the Magnetico Sud Platform merely is a platform that enables you to view and book offerings provided by local Tour Operators worldwide. Upon booking an offering, you are entering a direct contractual relationship (“Booking Agreement“) with the local Tour Operator.
For the avoidance of doubt, Magnetico Sud is not a contractual party in any booking. The sole service of Magnetico Sud is to enable Tour Operators to sell their offerings via the Platform and to allow you to view and book the offerings of different Tour Operators.
Products and Services of the Tour Operator
The Tour Operator not only provides and combines the components and services contained in the booked travel itinerary (hotels, transfers, activities etc.), but also acts as its own travel agent by selling the travel itinerary on its own behalf, its own account and under its own responsibility.
Registration / User Data
If incorrect User Data has been provided, the Tour Operator reserves the right to further claims for damages caused and to adjust the schedule if the incorrect User Data has an effect on the execution or endangers or makes carrying out the travel itinerary impossible or substantially more difficult. This may include the cancelling of parts of the travel itinerary. In this case, the price of the cancelled parts cannot be refunded.
If you book your configured itinerary, the system sends the corresponding booking to the respective Tour Operators via the Magnetico Sud Platform (“Booking“). Your Booking constitutes a binding offer to enter into a Booking Agreement with the Tour Operator and buy the Travel Itinerary. Any revocation of your Booking Request constitutes a cancellation according to Section 8 hereinafter.
The Tour Operator only accepts Bookings and Requests by persons fully capable of acting and with full legal competence. Booking Agreements may only be entered by persons who are at least eighteen (18) years old. By sending your Booking Request you confirm to be at least eighteen (18) years old.
Legal persons have to act by a duly authorized person.
The Tour Operator will answer through the system and confirms or declines your Booking. You will be notified of the confirmation or decline of the Booking through the Magnetico Sud Platform.
Effective Date of the Booking Agreement
The Booking Agreement between you and the Tour Operator becomes effective if the Tour Operator accepts your Booking Request (“Confirmation“). Upon the Confirmation of your Booking Request, you will be notified through the Magnetico Sud Platform by email (“Booking Confirmation Email“). Effective date of the Booking Agreement is the sending date of the Booking Confirmation Email.
Please note that the Tour Operator has the right in case of relevant changes of the currency exchange rates to adapt the prices shown on the Platform at any time. The relevant and binding price for the booked Travel itinerary is the price shown on the Platform at the time you send your Booking Request and confirmed by the Tour Operator in its Booking Confirmation Email.
The Magnetico Sud platform collects the payment on behalf of the Tour Operator and coordinates the payment process as a service for the Tour Operator.
Upon your Booking Request, you have to enter your payment details. At this point, the system performs a pre-authorization of your payment and your debit or credit card. For your convenience in case of long-term bookings, the Tour Operator can at its own discretion offer the possibility of payments by installment (“Payment by Installment”). The available options for a Payment by Installment for your particular itinerary, including the payment deadline until which you will have to make the corresponding installment payments, will be notified on the page where you have to enter your payment details (“Payment Page“).
If you do not fully pay for the booked Travel Itinerary within the payment deadline specified on the Payment Page or (including the case where the credit card payment for the booked Travel Itinerary cannot be debited to your debit or credit card for any reason), your Booking shall be cancelled and you have no right of execution of the booked Travel Itinerary by the Tour Operator. This will be regarded as a cancellation and cancellation fees will apply according to Section 8. Further claims for damages by the Tour Operator are reserved.
Cancellations by the Customer
If you want to change or cancel a Booking, you need to do this through the Magnetico Sud Platform. In case of a cancellation, additional charges may apply to cover costs of credit card transactions, administrative cost, cancellation fees of flights and hotels, etc. (“Cancellation Charge“). The exact conditions are described in the cancellation policy that is expressly declared by the Tour Operator on the booking summary page (“Booking Summary Page“) and in the Booking Confirmation Email.
Cancellation policies protect both the customers (you) and the Tour Operators in the event of a cancellation. Cancellation policies will be displayed on the Booking Summary Page and in the Booking Confirmation Email. Customers are advised to carefully read these Booking Terms, the Booking Summary Page and the Booking Conformation Email, particularly with regard to the cancellation policy selected by the Tour Operator.
The size of the Cancellation Charge is shown for each cancellation policy below. The Cancellation Charge is shown in percentage of the total amount of the booked Travel Itinerary (“Package Price“).
In any case, the Cancellation Charge will be a minimum the equivalent of USD 60.
In case of a cancellation, a refund will be made. The amount of the refund is the Package Price minus the Cancellation Charge minus any amount of the Package Price that has not yet been paid by the Customer due to an outstanding instalment. The refund will be made within 30 days by crediting the credit card used by the Customer or by bank transfer.
Cancellations and Program Changes by the Tour Operator
The Tour Operator can be forced to cancel a booked Travel Itinerary if weather conditions, governmental actions, or unforeseeable or unavoidable external circumstances endanger or make carrying out the Travel Itinerary impossible or substantially more difficult. In such cases, the Tour Operator may cancel the Travel Itinerary without adherence to the cancellation period and you will get a full refund of the money that has already been paid for the cancelled Travel Itinerary.
Besides full refund of the paid money, you have no right to claim for any additional compensation for damages or other claims under any legal basis.
If weather conditions, governmental actions, or unforeseeable or unavoidable external circumstances endanger or make carrying out parts of the Travel Itinerary impossible or substantially more difficult, then the Tour Operator may decide to adjust the Travel Itinerary to those circumstances.
In such a case, the Tour Operator will inform you as soon as possible and do its best to provide an alternative schedule that is as close to the original value as possible. If the objective value of the alternative schedule is lower than of the original schedule, then the Tour Operator will offer a reduced price together with the alternative schedule. The Tour Operator will always offer one alternative with the same or a lower price, but may also offer a more expensive alternative in addition if it provides a higher objective value.
You then have the following options:
- If the itinerary has not yet started and you do not accept the alternative offers, then you can cancel the Travel Itinerary and get a full refund of the money that has already been paid for the cancelled Travel Itinerary.
- If the itinerary has not yet started and you accept an alternative offer, then the Travel Itinerary continues according to the new schedule. In case the alternative offer has a reduced price, the difference will be fully refunded. In case the alternative offer has a higher price, you will have to pay the additional amount via the Magnetico Sud Platform.
- If the Travel Itinerary has already started, you must agree on one of the alternative offers. In case the alternative offer has a reduced price, the difference will be fully refunded. In case the alternative offer has a higher price, you will have to pay the additional amount to the Tour Operator on the spot.
Besides the refunds mentioned above, you have no right to claim for any additional compensation for damages or other claims under any legal basis.
Compliance with Rules and Conditions
To guarantee a high level of service, your cooperation is necessary. You are responsible for timely arrival at the initial meeting point set forth by the Tour Operator. If you are arriving at the meeting point from abroad, you are personally responsible for the necessary travel documents (passport, visa etc.), compliance with health regulations, etc.
You are personally responsible for compliance with any conditions of participation as stated by the Tour Operator in the product description, the Booking Confirmation Email or in separate correspondence with the Tour Operator (“Conditions of Participation“). The Tour Operator reserves the right to exclude participants who do not meet the Conditions of Participation from a booked part of a Travel Itinerary. In this case, the Travel Price cannot be refunded. If your participation puts you or others in danger or otherwise interferes with the proper conduct of the corresponding part of the Travel Itinerary, the Tour Operator also reserves the right to exclude you from a booked part of a Travel Itinerary. In this case, the Travel Price cannot be refunded.
Personal Responsibility for Insurance
Any kind of insurance is not included in the Travel Price. You are personally responsible for a sufficient insurance coverage.
The Tour Operators recommend that you cover the following risks through your personal insurance:
- Medical emergency (accident or sickness)
- Emergency evacuation
- Repatriation of remains
- Return of a minor
- Trip cancellation
- Trip interruption
- Accidental death, injury or disablement benefit
- Overseas funeral expenses
- Lost, stolen or damaged baggage, personal effects or travel documents
- Delayed baggage (and emergency replacement of essential items)
- Missed flight connections due to airline schedule
- Travel delays due to weather
Exchange of Messages
To enable a high-quality service and to make sure that your communication with the Tour Operators is not lost, all communication between you and the Tour Operator that happens before and after the travel must be made through the Magnetico Sud Platform. Messages that are not handled through the Magnetico Sud Platform cannot be accepted by the Tour Operator and carry no legal effect.
During the travel, you will get a direct phone number(s) of the Tour Operator for in-destination assistance.
Liability of the Tour Operator
The Tour Operator is liable according to the applicable law. The liability is excluded to the extent permitted by applicable law.
Liability of Magnetico Sud
Because Magnetico Sud is not itself a party to any Booking Agreement between you and the Tour Operator, it disclaims any liability arising from or related to any such transactions to the fullest extent permitted by law.
Time Zones and Working Days
For time and date calculations, the time zone of the location of the corresponding activity as part of the Travel Itinerary shall apply if not stated otherwise.
“Working Days” in these Booking Terms shall mean any day on which the banks in the registered seat of the Tour Operator are running normal business and are open.
Changes to these Booking Terms
These Booking Terms were last updated on 1. November 2016.
Magnetico Sud reserves the right to update (add or change) these Booking Terms at any time without prior notice.
Questions, comments and requests regarding these Booking Terms are welcome and should be sent termsandprivacy[AT]magneticosud.com
Via F. Del Giudice 13
80138 Naples – Italy
At Magnetico Sud we understand that providing your personal information to book your holidays online requires a great deal of trust on your side. We are working hard to ensure the security and confidentiality of the personal information you provide to us. Magnetico Sud engages security professionals who implement the technical and organisational security measures. Magnetico Sud takes measures to protect personal information against loss, misuse, unauthorised access, unauthorised disclosure, manipulation, or destruction.
Information We May Collect from You
We may collect and process the following data about you:
In some cases, for example when you register for an account or book a travel itinerary, you provide us personal data (hereinafter “”User Data”) through an entry form. This data may be stored in your Magnetico Sud account.
Information we get from the Use of our Services
Magnetico Sud records certain requests and transactions in log files. This log data is used for troubleshooting, statistics, quality assurance, and to monitor system security and can be analysed to that end. Magnetico Sud can publish anonymous statistics under the condition that no personally identifiable information can be derived from such statistics.
Additionally, we may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.
Magnetico Sud also uses several systems to compile usage statistics.
Protection of Data
Magnetico Sud implements several mechanisms to keep your personal information safe and prevent unauthorised access to it. Our security measures are continually improved in keeping with technological developments.
Your user account is also protected through the password you specified during the registration process. It is your responsibility to treat your password with the utmost confidentiality, not to make it accessible to a third party and to take appropriate measures for protection against access by unauthorised parties.
Sharing Information with Third Parties
When you complete a booking (conclusion of a Booking Agreement with the Tour Operator), a part of your data will be transmitted to the Tour Operator you have booked with so it can properly provide its services. This Tour Operator can be located abroad and shall operate under the local legal provisions on privacy protection.
With conclusion of the Booking Agreement, you explicitly agree to the transfer of your User Data from Magnetico Sud to the Tour Operator.
Under certain circumstances, Magnetico Sudand/or the Tour Operators may be obliged to pass on or make certain information available to authorities.
Uses Made of the Data
Your User Data will be used by Magnetico Sud and by the Tour Operator you enter into a Booking Agreement with.
Magnetico Sud uses your User Data in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To contact you in relation to a listing, booking or proposed booking, including providing you with booking confirmation and updates.
- To provide you with the products and services you request.
- To manage your account, including processing payments and refunds and providing notifications.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
The Tour Operator uses your User Data exclusively for the fulfilment of the Booking Agreement.
At any time you have the right to demand information about whether and which personal data about you is stored at Magnetico Sud.
Send any such enquiries with a copy of your identity (ID card or passport) by email to email@example.com
Via F. Del Giudice 13
80138 Naples – Italy