Please take notice of our Terms & Conditions and Privacy Policy

Magnetico Sud Terms of Use

Last Updated: March 10, 2016

Acceptance of Terms

Please read these Terms of Use (the “Terms of Use”) before accessing or using this website (the “Site”).  This Site is maintained, operated and offered by Magnetico Sud and its affiliates and subsidiaries (collectively, “The Company”), and is intended to allow you, the user, to gather travel information, determine the availability of travel-related goods and services, secure reservations, facilitate transactions with travel suppliers and other travellers, and to otherwise assist in the planning and execution of travel.  You understand that a significant portion of Magnetico Sud’s business is facilitating transactions with third parties, and your rights and obligations with respect to such third party transactions, along with Magnetico Sud’s role therein, are addressed below in these Terms of Use.  By clicking the “I ACCEPT” button or accessing or using the Site or any services offered or materials available thereon, you, the user, are agreeing to be bound by the terms and conditions set forth herein, as well as any changes made thereto that The Company may publish from time to time.  If you do not agree to all the terms and conditions contained in the Terms of Use, do not access or use this Site.  The Company may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion.  The Company will use reasonable efforts to notify you of any material changes to any of these Terms of Use, but your continued access or use of the Site constitutes your acceptance of the changes.  Your access and use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” to view the then-current terms.  If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates.

The Site

The Company makes the Site and the Products, Materials and Services available for your access, download, purchase and/or use, as applicable, and solely in connection with your activities on the Site and further subject to these Terms of Use. Your rights in the Site, Products, Services and Materials are limited solely to those rights expressly granted to you herein.  “Materials” means all information, data, documents (e.g. datasheets, technical information publications, product updates, customer service updates, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, advertising materials, promotional materials, contest materials, pricing information and programs made available or enabled via the Site by The Company.  “Services” means all services and resources offered, made available or enabled via the Site by The Company, or third party service providers featured on the Site, including any software and software-as-a-service made available on the Site.  “Products” means all products and goods offered, made available, advertised, sold or enabled via the Site by The Company, or third party product providers featured on the Site.  The Company hereby grants to you a limited, revocable, non-exclusive right and license to access the Site, Materials and Services made available on the Site, along with any other content and services made available thereon, solely for (a) your personal use in connection with your travel needs, or (b) any other purpose clearly stated on the Site or in these Terms of Use, all in accordance with these Terms of Use or as otherwise authorized by The Company in writing.

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.

Services Specifications

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.

Intellectual Property

Except as expressly provided herein, the Site, Products, Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same may violate such laws and the Terms of Use.  Except as expressly provided herein, The Company does not grant any express or implied right to use the Products, Materials and Services.  You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Products, Site, Materials or Services or the selection and arrangement of the Products, Site, Materials or Services, except as expressly authorized herein.  In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Products, Site, Materials or Services, or to otherwise take any action that may infringe on the Intellectual Property Rights of The Company.

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

You will be required to register for the Site in order to access certain Services or Materials, to purchase Products, to receive promotional communications or other advertising information, or to access certain content offered on the Site.  If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material.  All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential.  If you become aware of any unauthorized use of your account or any other breach of security, you shall notify The Company immediately.  As part of the rights granted to you hereunder, you may invite friends to register for the Site, import your contacts and request that such contacts be contacted by The Company for registration on the Site, or create accounts for your contacts to access the Site and certain features thereof.  All such persons shall be considered users of the Site and subject to these Terms of Use.

This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Use for anyone under the age of 13 to register for the Site.  You represent and warrant that you are 13 years old or older.  Your account may be deleted without warning if you misrepresent your age, whether older or younger.  If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Site and post content thereto.

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 must provide all of the information requested by The Company in order to complete the registration process.  Handling of such information will be conducted in accordance with The Company Privacy Policy, which can be found at https://partners.pinkelephant.international/b2c/index.php/terms-and-conditions/ You will also be required to create a username and password.
  • 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

If you wish to purchase or subscribe to certain Products or Services made available via the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Each Transaction shall be subject to The Company’s then-current payment and purchase terms, which are clearly set forth on the Site or which will be clearly communicated to you by The Company prior to the transaction, and may be revised from time to time by The Company. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you acknowledge that it may be submitted to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, and to otherwise handle such information in accordance with The Company Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction.  You acknowledge that The Company may facilitate certain transactions with third party vendors through your use of the Site or Service.  Any purchase you ultimately make with such third party vendor will be between you and such vendor, and The Company will have no liability, and you hereby release The Company from all liability, with respect to such transaction.  You represent and warrant that all payment information you use, including any credit card information, will be accurate and up to date.  Magnetico Sud maintains the right to withhold any payment otherwise due to you and to set off such amount against any amount that you may owe or that is attributable to your use of inaccurate or fraudulent payment information, and you will remain responsible and liable for any collection costs Magnetico Sud incurs to collect such amounts from you.

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;
  • Violate any applicable laws or regulations related to the access to or use of the Site, Services or any Materials or engage in any activity prohibited by the Terms of Use;
  • 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

Portions or features of the Site may allow you to contribute or otherwise provide content or other information to the Site.  For such information, data, commentary, communications, downloads, files, text, images, graphics, videos, links, publications, content, tools, resources, programs and products that you post or submit to, or otherwise make available on, the Site (“User Submissions”), you grant The Company and the users of the Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Submissions, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution.  You acknowledge and agree that The Company shall not be liable for any damages arising out of or related to your User Submissions.  You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Site.  You agree not to disclose any Personal Information (as defined in The Company’s Privacy Policy) as part of a User Contribution.  In particular, you represent and warrant that you are the copyright owner of any photographs you make available via the Site, or that you have all appropriate authority and permissions from the copyright holder of such photographs to permit their dissemination on the Site and to otherwise grant the rights addressed herein.

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:

Magnetico Sud

 

Email: termsandprivacy[AT]magneticosud.com:

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.

Further, The Company acknowledges that some Materials may consist of User Submissions, and The Company does not intend to, nor should these Terms of use be interpreted to, limit your rights in and to your own User Submissions, except with respect to those limited rights granted to The Company as discussed above in the “Contributions to the Site” section.

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.

Processing Funds

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

The Company will use and protect your data, such as your name, address and credit card information, in accordance with The Company Website Privacy Policy, the contents of which are incorporated by reference into the Terms of Use.

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

You agree to indemnify and hold The Company, its divisions and affiliates, and their respective officers, directors, partners, employees, shareholders, members, managers, owners and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your access to, reliance on, use, purchase or, as applicable, consumption of the Site, Products, Services or Materials (including any use by your employees, contractors, customers, clients or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Products, Services or Materials); (ii) your connection to the Site, Products, Services or Materials; (iii) your violation of the Terms of Use or your breach of any representation or warranty made herein; (iv) your infringement of any third party’s Intellectual Property Rights when using the Site, Products, Services or in any Materials; (v) your violation of any rights of any third party; (vi) your access to or use of Linked Sites and your connections thereto; (vii) any dealings between you and any third parties advertising or promoting via the Site, Products, Services or Materials; or (viii) The Company’s use of your User Submissions.

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.

General

The Terms of Use and other rules, guidelines and disclaimers posted via the Site, or in connection with the Products, Materials and Services, constitute the entire agreement between The Company and you with respect to your access to or use of the Site, Products, Materials and Services, superseding any prior agreements between you and The Company on such subject matter (including any prior versions of the Terms of Use).  You may also be subject to additional terms and conditions that may apply when you use other The Company products, services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without The Company’s prior written consent.  If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.  Any failure by The Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.  The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

App platform and Mobile App use

The services offered on the App Platform and mobile App use technology licensed to us by Travefy, Inc., and its affiliates and subsidiaries (collectively, “Travefy”). By using an account on and using the App Platform and Mobile App, you accept and agree to the terms and conditions of Travefy’s Terms of Use and Privacy Policy, available here. Travefy’s Terms of Use and Privacy Policy are expressly incorporated into these overall Terms.

BOOKING TERMS

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.

With respect of your usage of the Magnetico Sud Platform, the Terms of Use and the Privacy Policy of Magnetico Sud apply additionally. By using the Magnetico Sud Platform, you also agree to the Terms of Use and the Privacy Policy.

Contractual Relationship:

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 you decide to book your configured itinerary, you can register as described in the Terms of Use. At the time of registration, you are obliged to provide correct and truthful information (“User Data“) and to update the User Data in the event of any changes. Your User Data will be the data under which you enter into the contractual relationship with the Tour Operator (see Section 6 below).

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.

Booking Process

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.

Payments

Payment Process

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“).

Unpaid Services

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

Cancellation Process

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

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.

Refunds

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.

Program Changes

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.

Your Responsibilities

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

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.

Miscellaneous

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.

Contact

Questions, comments and requests regarding these Booking Terms are welcome and should be sent termsandprivacy[AT]magneticosud.com

Magnetico Sud                  
Via F. Del Giudice 13
80138 Naples – Italy

 

 

PRIVACY POLICY

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.

This privacy policy sets the basis on which any personal data we collect from you or that you provide to us will be processed and protected by us. By using the Magnetico Sud Platform, you explicitly agree to the following terms and conditions of this Privacy Policy in its last updated version.

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.

With your provision of the User Data, you explicitly declare your approval to the data collection and the use of your User Data for the purposes declared in this Privacy Policy (in Section 4 hereinafter).

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.

Cookies

When you use Magnetico Sud, the service can store cookies on your computer. Cookies are little pieces of information that can help identify your browser and that can store information, e.g. application settings. Magnetico Sud uses cookies to track usage and to improve the overall user experience.

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 enforce our Terms of Use, Booking Terms and this Privacy Policy.
  • 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.

Transparency

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 help@magneticosud.com

Changes to this Privacy Policy

This Privacy Policy was last updated on November 1. 2016.

Magnetico Sud reserves the right to update this Privacy Policy at any time.

Contact

Questions, comments and requests regarding this Privacy Policy are welcome and should be sent to termsandprivacy[AT]magneticosud.com

Magnetico Sud
Via F. Del Giudice 13
80138 Naples – Italy

 

 

This website uses cookies to enhance it’s functionality. If you do not wish to accept cookies you may amend the settings of your browser. If you continue on our website without changes, you automatically agree with our cookie policy.