PLEASE READ THESE TERMS & CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE (“MAGICLAMPVACATIONS.COM”) OR OUR SERVICES (“HAKUNA MATATA TRAVEL LLC DBA MAGIC LAMP VACATIONS™”). USING THIS WEBSITE AND/OR OUR SERVICES INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR OUR SERVICES.

1. Consent to Terms & Conditions

We are Hakuna Matata Travel LLC dba Magic Lamp Vacations™ herein referred to as MLV and we look forward to serving you as your go-to travel agency for Disney vacation destinations and other vacation destinations. By accessing, using, and/or obtaining any content, products, and/or services through our offices or through our website (MAGICLAMPVACATIONS.COM), you, the purchaser and/or traveler, and those traveling with you (collectively, “Customer”, “passenger”, “you/your” and/or “user”) agree to be bound by these terms. It is the sole responsibility of you to inform all other parties traveling with you of the contents of these terms and conditions. These terms and conditions govern the relationship between MLV and you, the Customer, and those traveling with you. These terms restrict your rights and remedies and provide protection to MLV. If there is anything in these Terms and Conditions that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website or the services of MLV.

2. Website License and Access

By using this website (MAGICLAMPVACATIONS.COM), owned and operated by MLV, you acknowledge and agree that (a) you are granted a single-user, non-exclusive, non-transferrable, revocable limited license to access and use this website and its content in accordance with these Terms and Conditions, (b) MLV may terminate this license at any time where it considers its copyright or intellectual property rights have been or may be infringed accidentally or otherwise or that the scope of usage is or is intended to be outside the permitted Terms and Conditions, (c) this is a fair balance because this website is accessible to you conveniently and at no charge, (d) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website or the services of MLV.

Certain products and services are available on this website to you after (1) utilizing MLV as a booking agent to book travel and (2) your deposit has been paid for that travel. To access these products or services confidential access codes may be provided to enable continued access online with full or partial permitted exposition of particular data files or permitted downloading of content. The access code(s) so provided are intended for your sole use and may not be passed to co-workers, friends, or to third parties. If accidental or other misuse of confidential access codes occurs or is believed to occur, MLV reserves the right to treat each such occurrence(s) as a breach of these Terms and Conditions and to withdraw access to the products and services. If the user becomes aware or suspects an unauthorized person has obtained the confidential access codes, the user should immediately notify MLV so the situation may be rectified.

3. Your Conduct

The content on this website is for your personal use only and it is not intended for commercial exploitation unless expressly agreed in writing by MLV through a duly authorized representative. MLV authorizes you to download or reproduce selected materials at this website only for your personal, non-commercial use, in the ordinary course of business provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that the title or database brand name and MLV name (“Magic Lamp Vacations”) is stated as the source.

You may not otherwise modify, disassemble, create derivative works, distribute, reproduce, publicly display, perform, transmit, re-transmit, sell, rent, sublicense, or otherwise use any materials or content on this website for commercial or non-commercial exploitation by yourself or the organization or entity to which you are attached or permit third parties to so do. Without limitation, unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content is not permitted, and any use of these materials on any other website or networked computer environment for any purpose without MLV’s prior written consent is prohibited.

The content and materials at this website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. If you breach any of these Terms and Conditions, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.

4. Third Party Content and Links

In the provision of reports, research, e-learning, data, information or other materials, MLV may use its own staff resources or those of third parties or a combination of such resources in the preparation and presentation of said material(s). MLV will take all reasonable endeavors to ensure the accuracy of such material(s) and, to the best of MLV’s knowledge, the numeric tables and numeric time series where shown are accurate but are subject to usual statistical norms and variables. MLV reserves the right to make alterations to products and services from time to time in the interests of maintenance, operability, accuracy, topicality and usefulness. MLV warrants that it has taken all reasonable endeavors to ensure such material(s) is free of intellectual property infringement insofar that this is possible. In addition, this website and associated microsites may provide links to other Internet sites or resources (“third-party links”). MLV is providing these third-party links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by MLV of those sites.

Because MLV has no control over such external resources and sites, you acknowledge and agree that MLV is not responsible for the availability of such external resources and sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites. MLV may terminate the availability of such external resources and sites through links on its website at any time. MLV will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through these channels.

5. Intellectual Property Rights

Excluding copyrights and trademarks owned by Disney, the contents of the data and information made available on this website including, but not limited to text, data, graphics, and icons, are copyrighted materials owned by MLV, including its affiliates or subsidiaries, and other unique record locators (URL) and or other MLV logos and product and service names are trademarks of MLV, which are protected by applicable laws of certain countries and jurisdictions. All rights are reserved. You must not modify, decompile, or reverse engineer any software MLV discloses to you via this website, and you must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the web site. “MLV Trademarks” means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations MLV uses in connection with MLV’s products or services. You are not permitted to incorporate any MLV Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. Any unauthorized use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

MLV is independently owned and operated. This website is a private enterprise and is not affiliated with Walt Disney Company, the Walt Disney World® Resort, the Disneyland® Resort, Disney Cruise Line®, NBC Universal, Universal Orlando Resort, Merlin Entertainment Group, Legoland® or any of its/their respective affiliates or designees. 

6. Disclaimer of Warranties

While every effort has been made to ensure the quality and accuracy of information displayed on this website, MLV makes no warranty, express or implied, concerning the website and its contents and disclaims all warranties, including, but not limited to, warranties of fitness for a particular purpose and warranties of merchantability. MLV further makes no warranty that the website or any websites linked thereto will be error free, free of viruses or other harmful components, or that any defects will be corrected.

MLV disclaims all responsibility for any loss, injury, claim, liability or damages of any kind arising out of use of this website or access to third-party links, contents or sites via this website. MLV does not warrant that access to this website or linked third-party web sites will be available at all times, but it will take all necessary steps to rectify fault(s) as soon as reasonably practicable.

Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from MLV or through or from this website will create any warranty not expressly stated in these Terms and Conditions. MLV’s employees are not authorized to vary these Terms and Conditions.

7. Privacy

You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us in accordance with the terms of and for the purposes set forth in our privacy policy. You represent that you have read and agree to the terms of our privacy policy.

8. Limitations of Responsibility and Disclosure

MLV acts solely as a BOOKING AGENT for disclosed principal supplier theme parks, hotels, cruise lines, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services.

Each of these supplier companies is an independent entity with its own management, and is not subject to the control of MLV. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s terms and conditions are contained in printed form and are set forth on their respective websites, which govern the transaction.

Suggested Terms and Conditions resources for some, but not all, of our suppliers:

 

*Note that this is not a comprehensive list of reference sites and is provided solely for your convenience. These sites are owned and operated by third parties who may alter the URL at any time without notice.

All bookings are accepted by MLV as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including terms and conditions on their respective websites.

Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, MLV does not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects.

BECAUSE MLV ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE MLV IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. MLV HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH MLV’S OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF MLV’S CONTROL, AND YOU HEREBY EXONERATE AND HOLD HARMLESS MLV FROM ANY LIABILITY WITH RESPECT TO THE SAME.

9. Booking Accuracy

Passenger is required to immediately review all aspects of their booking to verify all information, including, but not limited to: passenger(s) names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify MLV immediately if any omissions and/or corrections are needed regarding the booking details. Passenger voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the Passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger LEGAL first and last names and identical to the names as they appear on booking and travel documents.

10. Travel Documents

Passenger assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger assumes sole responsibility for, and hereby releases MLV from any claims or responsibility for any and all damages incurred as a result of Passenger failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure, and have on their person the proper travel documents at all times. MLV recommends the Passenger consult with the appropriate domestic and foreign governmental agencies for the current document requirements.

Suggested reference materials for passport, visa, health requirements as well as travel advisories:

·       For US Citizens: State Department

·       Smart Traveller Enrollment Program (STEP)

·       US State Department Travel Alerts & Warnings

·       US Center for Disease Control for Required Vaccinations

·       US Visa Information

*Note that this is not a comprehensive list of reference sites and is provided solely for your convenience.  These sites are owned and operated by third parties who may alter the URL at any time without notice.

11. Force Majeure

As used herein, the term “Force Majeure” means, in relation to MLV, any circumstances beyond the reasonable control of MLV, including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences.

MLV shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

If MLV, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by MLV to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although MLV shall use its reasonable efforts to reimburse you where possible. However, MLV shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to MLV of the Force Majeure and applicable cancellation fees.

Regarding civil unrest, once MLV has investigated the prevailing situation, as it deems fit, it shall remain in MLV’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to MLV’s and each supplier’s terms and conditions.

12. Travel Insurance

TRAVEL INSURANCE PROTECTION IS STRONGLY RECOMMENDED. As your booking agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers and/or suppliers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. MLV is limited to advising you of the need for such coverage.

By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.  You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.

We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.

All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon receipt of your travel protection policy. MLV is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider.  Please note that the travel insurance provider may not be allowed to discuss your claim with MLV due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that MLV cannot be involved in any aspect of your claim/request for service. Passenger acknowledges and agrees that MLV has no control over the travel insurance provider or its coverage decisions, and as a result MLV is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

13. Problems During Travel

If you have a problem during your travel/vacation, please inform the relevant supplier (e.g. your hotel, cruise ship, theme park, etc.) immediately. Should they be unable to resolve the matter, please immediately contact MLV, either through our toll-free number: 407-698-5468, email: info@magiclampvacations.com, or our contact page. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under these Terms and Conditions and under the terms and conditions of each supplier.

14. Changes/Cancellation

BY SUPPLIERS

Your contract with your suppliers may allow them to cancel or amend bookings. If we are your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guaranty that any refunds will apply.

If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the United States, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.

After you have left the US, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.

BY PASSENGER

In the event that YOU need to make changes to your reservation and/or travel plans, or that you need to cancel your reservation and/or travel plans, you will be subject to the terms and conditions provided by the supplier(s) your reservations/and or travel plans are booked with, and not MLV. MLV is not liable or responsible for any change fees, cancellation fees, or any other fees that result in making changes to or the cancelling of your reservations and/or travel plans.

In addition, MLV reserves the right to charge you for any costs incurred for third-party subscriptions (eg. TouringPlans.com account), free gifts (eg. Bon Voyage Box/Package), that were provided under the condition of completing your vacation/travel plans, as MLV pays for these third-party subscriptions, free gifts, and other services and/or items from the commission payments we receive from vendors; if you cancel your vacation and/or travel plans we do not receive those commissions.

Changes to name details are not allowed by many airlines and other suppliers. While we will endeavor make such a change if necessary, please bear in mind that most airlines and suppliers treat a name change as a cancellation, to which standard conditions and charges would apply. 

15. Subscription

Where products or services are offered by subscription to third-party suppliers (e.g., TouringPlans.com), online access will be supplied subject to the terms and conditions of the third party and not MLV. Access request(s) or connection(s) beyond a subscription term or beyond the scope of the subscription paid to date, may not be partially, continuously or completely provided until the condition is regularized. Additional terms regarding subscription products are set out in the product registration forms of the third-party suppliers.

Furthermore, unless stated otherwise, all third-party subscriptions offered as a “Free Gift” upon (a) utilizing MLV as a booking agent for vacation and/or travel and (b) paying the required deposit are only valid for one year, subject to the third party’s terms and conditions and will not be renewed, unless you choose to do so on your own accord.

If you cancel or post pone your vacation, after MLV has paid for any third-party subscription, MLV reserves the right to charge you for the cost of the subscription. Please refer to Changes/Cancellation for additional details.

16. Box of Wonders™

If you pay for our VIP Services, you will receive a Box of Wonders™, herein referred to as the BOW.

The BOW is a “Free Gift” to you, for utilizing us as your Booking Agent and will be sent to you two to three weeks prior to your vacation/travel departure date to the billing address you provide when you pay your deposit. If you book your vacation/travel with MVL less than two weeks prior to your departure date, MVL will make every reasonable effort to have your BOW sent to your billing address prior to your departure. In the event that there is not enough time to do so, you waive the right to the BOW, no questions asked. 

The contents and items in the BOW are up to our discretion and are not subject to be redeemed for any cash value and cannot be returned and/or exchanged for alternate items. MLV does not give warranty, express or implied, for the contents in the BOW. MLV disclaims all responsibility for any loss, injury, claim, liability or damages of any kind arising from any contents in the BOW or from opening the BOW.

MLV is also not responsible for BOWs that are (a) lost in transit and/or (b) stolen and reserves the right to decide whether or not to send you a replacement BOW should one or both of the above occur.

 

17. COVID-19: Assumption of risk, release, and waiver of liability and indemnity agreement.

The Novel Coronavirus (COVID-19, “Coronavirus”) is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected.

You are fully aware of the current global COVID-19 virus outbreak, the current travel restrictions, and inherent risks involved when choosing to travel. You are aware that it is your personal decision to travel and is doing so with full knowledge of travel recommendations, restrictions, regulations, and risks with regards to COVID-19, as well as the possibility of future travel restrictions, and takes full responsibility for your actions with regards to traveling.

In consideration of the travel planning services provided to you and with full knowledge and acceptance of the risks associated with travel, you, on behalf of yourself, your minor children, and any personal representatives, heirs, and next of kin (hereinafter referred to as “you”) hereby releases, indemnifies, holds harmless and covenants not to sue Hakuna Matata Travel LLC DBA Magic Lamp Vacations (“Company”), its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with your travel. You makes these covenants, release and waivers knowingly and voluntarily. It is further understood and agreed that this COVID-19 Travel Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement is to be binding on Your heirs and assigns.

You understand and confirm that Company has provided You with the best available information at the time regarding travel precautions, travel restrictions, and pandemic protection policies provided by governmental agencies of any location that You are traveling to or through, as well as provided by all travel suppliers, including but not limited to: airports, airlines, hotels, cruises lines, tour agencies, transfer agencies and/or any other provider involved in Your booking. However, You understands and agree that government agencies and Travel Suppliers may not enforce or apply these travel precautions, travel restrictions, and pandemic protection policies and that some travelers may refuse to cooperate with these travel precautions, travel restrictions, and pandemic protection policies. Additionally, You understand and agree that the COVID-19 pandemic is a rapidly changing situation and that all travel precautions, travel restrictions, and pandemic protection policies are subject to change at any time and without notice. You also understand and agree that any and all information provided by Company is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Company disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that You place on such information is strictly at their own risk. You understand that it is Your responsibility to check the latest travel information regarding the COVID-19 outbreak with the CDC (https://wwwnc.cdc.gov/travel/notices), the governmental agencies of any location that You are traveling to or through, and with all Travel Suppliers, including but not limited to: airports, airlines, hotels, cruises lines, tour agencies, transfer agencies and/or any other provider involved in Your booking.

You are aware of the specific travel warnings, travel restrictions, and travel rules in place for all locations in their travel itinerary, as well as the fact that travel warnings, restrictions, and rules are in place around the world. You are also aware that future travel warnings, travel restrictions, and travel rules are likely to occur without notice. You understand and accepts the risks and consequences of these travel warnings, restrictions, and rules. You are also aware that immigration and traveling restrictions may be put in place before, during, or after traveling that may impede the ability to enter or exit travel locations or return home as planned. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Company for consequences of these travel warnings, restrictions and rules, failure to enforce travel warnings, restrictions and rules, as well as travel warnings, restrictions and rules changing without notice.

You are aware that additional travel screening procedures and restrictions may take place at various travel locations, including but not limited to: airports, airlines, hotels, cruises lines, trains, other methods of transport, tour agencies, transfer agencies, any provider involved in Your booking, and/or public areas. You are aware that these restrictions may include mandatory face coverings, quarantines, temperature checks, and/or various other measures. You acknowledge and agree that, due to the nature of travel, social distancing measures, quarantine measures, pandemic prevention measures, health precautions, and/or the usage of face masks may not always be possible. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Company for consequences of these travel procedures and restrictions, failure to enforce travel procedures and/or restrictions, as well as travel procedures and restrictions changing without notice.

YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Company for all consequences of traveling related to COVID-19, including but not limited to: travel warnings, travel restrictions, travel rules, illness, death, property damage, financial loss, costs, penalties, fees, fines, cancellations, postponements, quarantines, health regulations and/or screenings, regardless of whether these consequences are imposed by governmental agencies of the locations to which You are traveling to and through and/or Travel Suppliers, including but not limited to: airlines, airports, hotels, cruises lines, tour agencies, transfer agencies, and/or any other provider involved in Your booking. You further agrees not to institute a credit card dispute or “charge back” to Company for any of these reasons.

You acknowledge and understand that traveling may result in a higher risk of contracting COVID-19. You agree and acknowledge that traveling may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death, or property damage. You fully understand and appreciate both the known and potential dangers of traveling and acknowledges that traveling may, despite reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH, OR PROPERTY DAMAGE to YOU due to negligence, active or passive, or otherwise while traveling.

You understand that it is your responsibility to obtain travel insurance to ensure you have coverage for all medical needs and trip cancellation. However, You are aware that travel insurance generally only covers unforeseen events. Most insurers classify COVID-19 as a ‘known event’ and will not cover COVID-19 related cancellations, delays, quarantines, or additional costs or fees. Most policies also have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. Additionally, concerns or fear of travel is not a covered reason for cancellation and will not be covered by travel insurance. You understand that you are bound by the terms of the insurance policy as it relates to Coronavirus/COVID-19. You hold Company harmless for their election to not purchase travel insurance and/or any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy.

YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT SUE the Company, its directors, officers, employees, volunteers and agents (“Released Parties”) from all liability to the undersigned and all personal representatives, assigns, heirs, and next of kin of the undersigned from any and all liability, claims, demands, actions, omissions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, claim, or injury, including property damage, illness or death, related to COVID-19 whether caused by the negligence of the Released Parties, any third-parties, or otherwise, while traveling.

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the Company, its directors, officers, employees, volunteers and agents (“Released Parties”) from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to any loss, damage, or injury, including property damage, personal illness or death, related to the travel services provided by Company, whether caused by the negligence of the Released Parties, any third parties, or otherwise specifically related to COVID-19.

18. Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

19. No Waiver

The failure of MLV to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

20. Governing Law

The laws of Hillsborough County in the State of Florida, USA, shall govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, USA, in all disputes arising out of or relating to travel bookings with MLV, including the use of the MLV website (“MAGICLAMPVACATIONS.COM”). Use of the MLV website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.