The Way of Magic Travel Company is a full-service travel agency specializing in creating magical memories by planning escapes to a vast array of destinations, Theme Parks, cruises, all-inclusive resorts and designing unique customized travel vacations. The terms “we”, “us”, “our”, “The Way of Magic”, and “The Way of Magic Travel Company” refer to The Way of Magic Travel Company LLC, a North Carolina limited liability company. The term “you”, “guest”, “traveler” or “participant” refers to the person making a booking with us and all members of their group.

We draw your attention to the terms and conditions of travel herein, which include all documents, correspondence, and the terms and conditions of our Suppliers (as herein defined), and form the basis of our legally binding contract with you (“Terms and Conditions”). Before making a booking with us or any payments, you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses.

By making any payment to The Way of Magic Travel Company or participating in any of our travel experiences, you are representing and warranting to The Way of Magic Travel Company that you have read these legally binding Terms and Conditions and accept them in their entirety (including the Cancellation and Chargeback sections). If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or pay us in connection with our travel-related services.

If you are making a booking as a lead guest of a group or family, you are responsible for sharing these Terms and Conditions with all travelers joining you and are financially responsible for the booking. The Way of Magic Travel Company will not be liable for your failure to share these Terms and Conditions with all travelers in your group. You represent and warrant that:

• (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use,
• (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and
• (c) the information supplied by you, or members of your group or family, is true and correct.

You agree that any violation of these Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable Travel Products.

The Way of Magic Travel Company reserves the right, in our sole discretion, to change these Terms and Conditions at any time and without notice. If we make material changes, we will notify you. Updated versions of the Terms and Conditions will be either emailed to you, uploaded to our booking platform, or posted on our website and are effective immediately on posting. Your continued use of our services, including continuing to use or maintain any bookings after any changes to these Terms and Conditions, constitutes your consent to any changes.

The Way of Magic Travel Company does not provide, own, manage, operate, supervise or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruises, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by independent third parties such as destination management companies, airlines, hotels, cruise lines, ground transportation providers, and tour operators (the “Suppliers”).

The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking; if you do not agree to them, you must not use their Travel Products. Your interaction with any Supplier is at your own risk; The Way of Magic Travel Company does not bear any responsibility should anything go wrong with your booking or during your travel.

You agree that The Way of Magic Travel Company acts only as a booking agent for the Supplier in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges or services for the travelers’ benefit, and on the express condition that The Way of Magic Travel Company shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith.

The Way of Magic Travel Company customarily receives compensation, usually in the form of a commission, for bookings made on its behalf. The Way of Magic Travel Company may also receive compensation in the form of travel planning fees, booking fees or other professional service fees which are payable by you. Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors or for your unawareness of a Supplier’s terms. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any mistakes or necessary corrections. Please note that cancellation of travel must be made in writing directly to your The Way of Magic Travel Company-affiliated travel advisor.

When you are ready to start your next travel adventure simply contact us by email, phone or by filling out the travel inquiry form on our website or by emailing your The Way of Magic Travel Company independent advisor. Together, we will discuss your travel wants and needs. Once we agree that we’re a good fit and receive your Service Fee (if applicable to your travel, as described below), we will begin researching and crafting your custom proposal based on our conversation and your responses. Once you have reviewed your proposal, we will be in contact with you to discuss any questions or concerns that you may have. With our custom process, we want to be sure that our proposed options match your vacation needs. If traveling internationally, we may require that you provide us with additional information in connection with your trip and traveling party.

To confirm your booking, you will also be asked to approve or deny travel insurance protection and complete a credit card authorization form where you will enter your credit card information and authorize The Way of Magic Travel Company and its affiliated independent contractors to utilize your credit card information to place deposits (or final payment, if within the final payment deadline) on your requested Travel Products paid directly to the Supplier(s). We require your acknowledgement and agreement to these Terms and Conditions in connection with the foregoing.

Upon receipt of the confirmation for your paid deposit (or final payment, as applicable), we will provide you with your booking confirmation and payment receipt. Within the booking confirmation you will also find the Supplier terms and conditions. Be mindful of any Supplier policies regarding changes or cancellations to the dates or destination(s), as some changes and cancellations may incur change fees from the Supplier(s). Once your booking(s) is confirmed, we will provide you with information on next steps including instructions for all payments and all due dates. We will also provide you with final payment reminders in advance of your final payment(s). You must complete all requested authorizations on time in order for us to make payments in full and on time. All pricing is subject to the “Price & Rate Changes” section below.

If you are booking within 120 days of the departure date, full payment may be due at the time of booking. If full payment is not received by the due date we provide you, we reserve the right to cancel your travel and apply any cancellation charges set out in the cancellation section below (in our sole discretion). Failure to make any payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms as described below would be in effect; Supplier’s cancellation fees may apply as well.

Travelers understand that discounted fares typically involve restrictions and that changing any aspect of the travel arrangements may result in the payment of additional money. Your amount being owed is subject to change until you receive confirmation that your travel plans are paid in full. Deposits are typically NON-REFUNDABLE, unless explicitly stated otherwise in the terms and conditions of the Supplier.

Some travel packages have the option of adding travel protection insurance, while other travel packages will require us to provide insurance quotes separately. If insurance is not listed as an inclusion, you will need to obtain travel protection insurance separately. For this reason, we will work to get travel insurance options to you immediately upon booking with us, as we highly encourage the purchase of travel protection insurance.

Approximately 2 weeks prior to your trip, we will present you with your final custom itinerary containing a summary of all travel confirmations, estimated pricing and destination information. Certain Suppliers may provide additional information (including on-site contacts) and updates closer in time to your time of travel. If that is the case, we will update your itinerary with the new information and notify you of said updates.

Although our work on your travel experience begins when you agree to book your travel with us, the planning process begins long before that. We pride ourselves on years of experience planning travel, educating ourselves, building relationships, and networking with our Suppliers to provide our clients with the best options for their travel needs. Our custom proposals often take many hours of planning, researching, and communicating with Suppliers to confirm the custom details for your travel plans.

To compensate, some of our travel advisors charge a planning fee for our experience, time, and effort. We charge a planning fee that varies depending on the type of group, length of stay, destination(s), number of travelers in the group, extent of planning involved, and the general complexity of your trip. You agree to full payment of our planning fee prior to receipt of any proposal. Our planning fees are always non-refundable, regardless of whether you choose to book with us, or cancel for any reason, unless stated otherwise stated in writing by your travel advisor.

Any and all fees relating to our travel planning services, including without limitation planning fees, revision or change fees, concierge fees, and ticketing fees (collectively, “Service Fees”), if any, are NON-REFUNDABLE and must be received in full by The Way of Magic Travel Company before any proposal or itinerary is presented.

Your contract for airfare is with the air carrier, inclusive of domestic, international and charter flights, and subject to its terms, conditions and policies and we will not be liable for any fees or expenses, including without limitation, change fees, cancellation fees or any other additional costs you incur with the air carrier. The Way of Magic Travel Company is not responsible or liable for any costs incurred with any changes resulting from any flights. If you independently purchase your airfare, you must not make any air reservations until you receive confirmation of your booking.

We bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ respective passports and as such we strongly recommend that you submit a copy of your passport to verify traveler information. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket.

Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. As mentioned above, please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections.

Payments will be processed through a secure online system and can be made via major debit and credit cards including Visa, Mastercard, American Express and Discover and ACH transfers, as applicable. Travelers who are providing payment information directly to us (e.g., credit card information) must provide us with a click (checkbox) or signed authorization for every transaction for your trip. Your authorization is a legally binding agreement for us and/or the Supplier to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. Additionally, you agree not to make any improper chargebacks.

Please note: There will be a 1.5% processing fee associated with ACH transfers which can take 5-7 business days to process. Travelers using this payment method are aware that the trip price may change during this time period.

In certain cases, you can dispute charges with credit card and other payment facilitation companies ("chargebacks"). Before initiating a chargeback, the traveler must send an email to joe.foti32@gmail.com concerning any questions or concerns about our charges. We will work with you in attempting to resolve your concerns.

The Way of Magic Travel Company retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:

• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card (this does not include credit card fraud).
• Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of The Way of Magic Travel Company or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.
• Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip.
• Chargebacks resulting from an experience where you were not satisfied with the Travel Products provided by the Suppliers.

The prices in your proposal reflect known costs at the time it is issued and are accurate on that date. However, we may change prices as Suppliers adjust theirs. Prices including estimated fuel costs and local taxes may change. When your booking is confirmed, we will provide an updated invoice showing the current price and what is included.

Once you pay your deposit and any Service fees, and confirm your booking, your price is fixed except for changes in fuel costs, airport charges, scheduled airfares, transportation-related charges from Suppliers, local taxes or dues, currency fluctuations, government actions, airline surcharges, tariffs, port fees, or fees for services. If these costs increase or decrease, we will update your invoice accordingly. After you make your final payment, your price is locked in. We reserve the right to correct any pricing errors or changes before your travel is confirmed and will inform you of any such changes when you book.

Since changes may be considered cancelled services, additional cancellation penalties may apply. Changes are subject to additional Supplier charges, are based on availability, and may incur additional fees. Any changes (especially with regards to airfare or other ticket contracts, including cruise lines) are subject to the applicable Supplier’s terms and conditions. In addition to any applicable travel Supplier change fees, The Way of Magic Travel Company, in our sole discretion, may charge a change fee in the minimum amount of $50 per traveler/per booking.

Cancellation of travel must be made in writing directly to your The Way of Magic Travel Company-affiliated travel advisor and is effective from the date The Way of Magic Travel Company and your specific The Way of Magic Travel Company-affiliated travel advisor receive the written notification. Service Fees paid to us prior to cancellation are always NON-REFUNDABLE. All Suppliers have their own cancellation policies, which apply to your booking, and may involve additional charges or fees to you. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds (which are subject to the Supplier’s terms and conditions).

If you are entitled to a refund, please note that the Supplier is solely responsible for this refund, not The Way of Magic Travel Company. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund or issue a voucher or credit in lieu of a refund, or for Supplier bankruptcy or insolvency. We will use commercially reasonable efforts to facilitate the Supplier providing you with a refund, credit or voucher but we cannot guarantee the same. You acknowledge that any refunds or credits authorized by the applicable travel Supplier at any point after the time of purchase will be issued in the form of currency in which original payment was made.

In addition to any applicable travel Supplier cancellation fees/penalties, The Way of Magic Travel Company may charge a cancellation fee per person, booking, or room, in The Way of Magic Travel Company's sole discretion. If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly recommend the purchase of a comprehensive travel protection plan.

Please note that there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion. In addition, if you arrive late to any part of the trip, all costs required to reach and join the activity/trip in progress will be at your own expense.

We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or cancel it. We will also help coordinate any alternative options offered by the Supplier, but we will have no further liability to you.

Before or during your trip, The Way of Magic Travel Company and its Suppliers may need to cancel or change parts of your itinerary, including ports of call, schedules, hotels, transportation, guides, or other arrangements due to various factors like security, holidays, busy seasons, or other events. Suppliers may also substitute transportation based on circumstances such as passenger volume. Some facilities or services may be limited or unavailable during holidays or special occasions. When possible, alternatives will be offered.

The Way of Magic Travel Company is not responsible for closures or necessary itinerary changes. These changes are not considered material and do not give you the right to cancel without penalty. Normal cancellation fees still apply if you cancel your trip after these changes.

The Way of Magic Travel Company assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: natural disasters, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by The Way of Magic Travel Company that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”).

In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by The Way of Magic Travel Company.

Travel Protection Coverage is NOT included in the cost of your trip. It is your responsibility to protect your purchases. For this reason, Travel Protection/Insurance Coverage is strongly recommended, and such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection/insurance plans can help protect you in the event of loss of non-refundable trip deposits and any other payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for costs related to, and not limited to, medical emergencies (including costly medical evacuation and repatriation costs), delayed or missed connections and baggage delay/loss.

Travel protection/insurance plans, which may include Cancel For Any Reason coverage, should be purchased in close conjunction with your travel purchase. While The Way of Magic Travel Company may recommend travel insurance options for you to choose from, we are not liable for any issues that result with said travel insurance options. The Way of Magic Travel Company is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans. The Way of Magic Travel Company cannot evaluate the adequacy of the prospective insured's existing insurance coverage and cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy, and makes no representations about the extent of coverage for any policy it may offer or quote. Please note that any and all cancellation fees will not be accepted as part of your claim. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. The Way of Magic Travel Company cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate insurance coverage, The Way of Magic Travel Company will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.

Travel to some destinations may involve higher risks than others. The Way of Magic Travel Company urges travelers to stay informed daily about current news and to review travel prohibitions, warnings, announcements, and advisories issued by the U.S. Government before booking international travel. Information about country conditions and travel risks can be found at https://travel.state.gov/content/travel.html and http://www.cdc.gov. If you choose to travel to a country with a travel warning or advisory, The Way of Magic Travel Company is not liable for resulting damages or losses. A U.S. State Department list of travel advisories is available at: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.

Travelers should also consult government websites for entry requirements, including any COVID-19 rules and local laws on medical tests or tracking. Additionally, travelers must obtain and carry valid passports, visas, inoculations, and all other documents required by government regulations. For domestic U.S. and international travel, TSA and DHS advise carrying at least two forms of ID, which can be found here: http://www.tsa.gov/traveler-information/acceptable-ids. IDs not meeting REAL ID Act requirements require alternative forms (passport, military ID, permanent resident card) even for domestic flights. U.S. citizens traveling to the U.K. for short visits, including airport transit, need an Electronic Travel Authorization (ETA) unless they have a U.K. visa or legal residency in the U.K. or Republic of Ireland. Check visa requirements and application procedures at https://www.usa.gov/visas-citizens-traveling-abroad.

Further, travelers assume full responsibility for risks and costs related to any errors or omissions in travel documents. Some countries charge entry or exit fees collected at airports. The Way of Magic Travel Company recommends ensuring passports do not expire within six months of entry, and travelers meet blank page and other requirements. Non-U.S. citizens and minors also need proper documentation; minors traveling with one or no parent need verified consent forms. For updated travel and ID requirements, visit www.travel.state.gov and https://www.dhs.gov/real-id. 

Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, we shall not be liable for any losses, expenses, or refunds to you or anyone in your group. In addition, recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/. 

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings trips. The Way of Magic Travel Company bears no responsibility for obtaining required travel documentation for you, or for any delays, damages, and/or losses, including missed portions of your vacation, related to improper documentation or government decisions about entry. 

The Way of Magic Travel Company and its members, managers, officers, owners, employees, affiliates, agents, and authorized representatives (“Representatives”) use third-party Suppliers to arrange the travel products for your trip. The Way of Magic Travel Company acts as an independent contractor and is not an agent or representative of these Suppliers. The Way of Magic Travel Company does not own, manage, control, or supervise any Supplier or the services they provide. All Suppliers are independent contractors and not Representatives of The Way of Magic Travel Company.

All tickets, receipts, coupons, and vouchers are subject to each Supplier’s terms and conditions. By accepting or using these, travelers agree that neither The Way of Magic Travel Company nor its Representatives are liable for any loss, injury, or damage to travelers or their belongings, whether directly or indirectly caused by events beyond The Way of Magic Travel Company's control. This includes situations where third parties or healthcare professionals assist with medical or other help; The Way of Magic Travel Company is not responsible for related costs or missed activities.

The Way of Magic Travel Company assumes no liability for delays, schedule changes, loss or damage caused by others, or loss of personal property. The Way of Magic Travel Company also accepts no responsibility for lost or stolen items and is fully released from obligations in cases of force majeure. The maximum liability of The Way of Magic Travel Company is limited to commissions or fees earned from your booking. The Way of Magic Travel Company reserves the right to refuse service to any customer at its sole discretion.

The travel that you are undertaking in connection with your trip inherently involves risks, some in remote areas of the world. These risks include, but are not limited to, risk of injury or death from: force majeure, motor and conveyance vehicle collisions, water-related activities, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, The Way of Magic Travel Company and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics, infectious diseases, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; equipment malfunctions; or a lack of safety features and/or failure to utilize any safety features. 

Traveler understands the description of these risks is not complete and acknowledges that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by The Way of Magic Travel Company, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel and is voluntarily participating in said travel with the knowledge that there are significant potential dangers and hereby agrees to accept any and all risks.

FURTHER, TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF THE WAY OF MAGIC TRAVEL COMPANY AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE THE WAY OF MAGIC TRAVEL COMPANY AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH THE TRIP, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF THE WAY OF MAGIC TRAVEL COMPANY AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE THE WAY OF MAGIC TRAVEL COMPANY AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING THE WAY OF MAGIC TRAVEL COMPANY. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.

Traveler agrees to and shall indemnify and hold harmless The Way of Magic Travel Company and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (including, without limitation, reasonable attorneys’ fees and the advancement of same, collectively, “damages”) incurred by you, or The Way of Magic Travel Company and its Representatives, with respect to any claims, lawsuits, arbitrations, or other causes of action (whether brought by you or third parties) which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip; or (iii) any force majeure or inherent risk of travel. The terms of this INDEMNIFICATION paragraph shall survive any termination of these Terms and Conditions, whether by operation of law or otherwise. 

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. The Way of Magic Travel Company will communicate requests to Suppliers but cannot be responsible if Americans with Disabilities Act (ADA) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. 

Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act (ADA) and may not have wheelchair accessibility. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility unless specifically stated and/or commissioned; unless otherwise specifically noted, all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify The Way of Magic Travel Company at the time of booking of the status and identity of their non-discounted, fully paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding, embarkation, or access to a Supplier due to a pregnancy, The Way of Magic Travel Company shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone you travel with. For the safety of our guests, The Way of Magic Travel Company reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

It is the sole responsibility of all clients to ensure they are legally permitted to enter the destination country being booked through The Way of Magic Travel Company. This includes, but is not limited to, any restrictions related to criminal history or prior legal issues that may impact entry eligibility. The Way of Magic Travel Company does not verify or assess a client’s admissibility into any country and will not be held liable for denied entry, deportation, or any related consequences resulting from a traveler’s failure to confirm they meet all entry requirements.

Each traveler in any trip planned by The Way of Magic Travel Company is expected to act responsibly and adhere to all behavior guidelines established by our Suppliers. All Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.

When you book with The Way of Magic Travel Company, you accept responsibility for any damage or loss caused by you or anyone traveling with you including, without limitation, in connection with any violation of applicable laws, regulations or policies, or use of illegal substances at the location of your travel (e.g., marijuana). Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold The Way of Magic Travel Company or any of its related entities liable for any actions taken under these Terms and Conditions.

These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Alabama exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Wake County in the State of North Carolina.

YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST THE WAY OF MAGIC TRAVEL COMPANY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE WAY OF MAGIC TRAVEL COMPANY SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON A TRIP MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES.

YOU FURTHER AGREE THAT IN NO EVENT SHALL THE WAY OF MAGIC TRAVEL COMPANY’S LIABILITY TO YOU (OR ANY MEMBER OF YOUR TRAVELING PARTY, OR YOUR/THEIR HEIRS, SUCCESSORS AND ASSIGNS), FROM ANY CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, EQUITY, OR OTHERWISE), EXCEED THE COMMISSIONS OR OTHER PROFIT THE WAY OF MAGIC TRAVEL COMPANY EARNED FOR THE SERVICES THE WAY OF MAGIC TRAVEL COMPANY PERFORMED AND PROVIDED TO YOU IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THESE TERMS AND CONDITIONS BY THE WAY OF MAGIC TRAVEL COMPANY.

TRAVELER FURTHER AGREES THAT THE WAY OF MAGIC TRAVEL COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH THE WAY OF MAGIC TRAVEL COMPANY. THE WAY OF MAGIC TRAVEL COMPANY SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, BANKRUPTCY, INSOLVENCY, OR NON-PERFORMANCE WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE OR OTHERWISE OF ANY SUPPLIER AND/OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, MANAGERS, OWNERS, AGENTS, OR OPERATORS.

YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST THE WAY OF MAGIC TRAVEL COMPANY UNLESS YOU HAVE FIRST PROVIDED A WRITTEN NOTICE OF CLAIM TO THE WAY OF MAGIC TRAVEL COMPANY WITHIN THIRTY (30) DAYS AFTER THE TRIP OR CANCELLATION OF THE TRIP, FURTHER PROVIDED THAT YOU AGREE TO FILE SUIT WITHIN ONE (1) YEAR OF THE INCIDENT AND YOU ACKNOWLEDGE THAT THIS EXPRESSLY LIMITS THE APPLICABLE STATUTE OF LIMITATIONS TO ONE (1) YEAR.

You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.

These Terms and Conditions, including the terms and conditions of our Suppliers, and any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to The Way of Magic Travel Company.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions shall be written in, and all other communication under or in connection with these Terms and Conditions shall be in, the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in the interpretation between the English version and such translation, the English version shall control. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions, which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

The Way of Magic Travel Company LLC welcomes your questions or comments regarding your trip:

• Email: joe.foti32@gmail.com
• Attn: Joseph Foti; Owner
• Phone: 732-678-3444