Terms and Conditions.
These terms and conditions apply to all travel services transactions with Magical Skies Limited. (we/us).
As a travel agent, we offer for sale various products and services on behalf of airlines, transport operators, hotels and other accommodation providers, tour operators and all other principal suppliers. These are referred to in these terms and conditions as “Principal(s)” or “Supplier(s)”. We act as the agent of the Principals. We may be engaged under separate terms to provide limited services such as visa assistance or to act as tour guides.
We do not provide travel products and travel services. We receive remuneration from the Principals by way of commission or other payments related to the sale of travel products and travel services. As a travel agent, we facilitate a direct contractual relationship between you, the customer, and the Principals. As such, your booking is subject to the Principal(s) terms and conditions, copies of which have either been provided to you or are otherwise available on request from us.
All flight tickets are subject to the rules of the specific fare selected as well as the Airline Conditions of Carriage and the IATA Conditions of Contract. If you have any questions relating to these, please contact the airline direct. All tickets, receipts and vouchers are issued subject to the terms and conditions specified by the relevant Principal. We undertake to fulfil our role as agent for the Principal(s) with reasonable care and skill, but we cannot and do not guarantee the performance of the functions offered by the Principals and we will not be liable if you suffer loss, injury or disappointment by reason of any acts or failings of any Principal. In any such case, your remedy will lie with the Principal.
Information Provided by Us
We may provide you with general information from public sources or information made available from our Suppliers including brochures, however, we have not verified that information and (to the maximum extent permitted by law) do not accept any liability for any inaccuracies or misrepresentations contained in such information. We are not liable or responsible for your compliance with local laws, regulations and other requirements.
Changes to travel requirements, schedules and travel services by governments or Principals
Principals or Governments may make changes without or with limited notice to routes, schedules, cancel services, or change entry, visa, health or quarantine requirements or make other decisions that impact your travel plans. If this occurs, we will work with you to minimise the impact on your travel, however, we are not responsible for any losses or additional costs that arise.
Itinerary and Documentation Details
The spelling of the names of those travelling in booking documentation must exactly match the spelling in the traveller’s passport or the traveller may be denied boarding an aircraft or entry into a country. It is your responsibility to ensure that all names in your booking are correct as per passports, including middle names, and that all other details in your documentation are correct prior to confirming your booking with us. We will not be liable for costs or losses in connection with incorrect names or details either provided to us by you, or that have been included in documentation from us that has been received by you prior to confirming your booking.
Passports, Visas and Documentation
We do not provide health, insurance, visa or immigration advice and do not accept any liability in relation to such. We will proceed on the basis that all travellers on a booking made with us have valid passports, visas and re-entry visas unless advised otherwise.
Any visa assistance we may provide is limited to clerical work (including recording, organising, storing or retrieving information, or data entry, and is performed at your direction). Fees may apply for visa assistance.
Certain countries or service providers may require that travellers be vaccinated against specific diseases and potentially pass other medical requirements. It is your responsibility to ensure you have complied with any health requirements of countries you are visiting. We are not medical professionals and do not accept any liability for losses in connection with failure to meet health or medical requirements for entry to a country or use of travel services. We do not accept any liability for any medical issues or losses caused due to the use of the travel services.
If you have ever had a serious communicable disease, you can be refused entry to many countries. If this may affect you, we suggest you pursue this with the appropriate authorities such as the embassy or Consulate of the country that you are visiting.
We are not liable in the event you fail to meet the medical or health requirements in relation to your travel and no refunds will be payable in that event.
Travel Insurance and Activities While Traveling
We strongly recommend that you take out a travel insurance policy at the time you pay for your travel. You should ensure that such insurance is adequate to meet your potential requirements, including for medical expenses arising from sickness or injury during your travel, non-refundable items or loss or damage to your belongings and cover for activities like cruise, snow, adventure sports and high-risk activities. Please be aware that your travel insurance will be subject to strict limitations and conditions including a requirement for full disclosure of material facts including pre-existing medical conditions.
Any hire or use of a vehicle overseas will be subject to your usage agreement with the hirer and you may be liable for any damage or infringement of local laws. We strongly recommend you obtain insurance for any rental vehicles hired.
Use of the travel services and any ancillary activities you take part in are at your own risk. Any recommendations or opinions we offer in respect of the services are opinion only and not advice suitable for your personal circumstances. We assume no responsibility for the outcomes of your decision to use the travel services or to take part in any ancillary activities.
All prices shown are in United States Dollars unless explicitly noted otherwise. All prices are subject to availability and can be changed or withdrawn prior to acceptance and payment being made by you. Airfares and other prices offered by the Principals can increase with limited notice even though your arrangements have been confirmed (due to currency fluctuations, tax changes and for other reasons). Such price increases are beyond our control and you will be liable to pay for any such increases. Many airlines now impose surcharges on the price of travel. These surcharges may change between the time you make a reservation and the date of full payment. You will be liable to pay for any increases in such surcharges.
Government or local authorities may change or introduce new taxes after you have paid in full which you will be obligated to pay either to the travel Supplier(s), the tax authority or direct to us. In the instance we are required to collect additional taxes or charges from you, we will collect this amount from you prior to departure.
Disclosure of financial arrangements
We may receive commissions, fees or financial incentives in relation to the sale of airfares and travel products, insurance and services on behalf of Principals.
If payment has not been made in full as and when required, bookings may be cancelled without notice.
Payments may be made via electronic bank transfer, credit card or debit card. Credit card surcharges will apply when you pay by credit card.
Our fees and charges
Magical Skies booking fee will apply to all bookings made with us. In the event you cancel your booking, the fee is non-refundable.
Any changes after booking for any reason will incur a Magical Skies amendment fee plus any Principal fees. Re-issue, amendment and upgrade conditions are subject to the terms and conditions of the relevant Principal. It is your responsibility to ensure that any credits are used in accordance with the terms and conditions of the Principal.
Where you request or require an amendment to your booking, the following Magical Skies amendment fees will apply:
Each change to a Domestic booking: a fee of US$25- per passenger per ticket in addition to Principal fees will apply.
Each change to an international booking: a fee of US$50 per passenger per ticket in addition to Principal fees will apply.
Where travel arrangements are cancelled for any reason, including for any event beyond our control (including in the event of any failure by a Supplier) then we will pay to you in full any refund received from the Supplier on your behalf. However, any refunds payable to you may not include commission paid by the Suppliers to us for services provided and any additional income earned in relation to the booking. Additional Principal cancellation fees may also apply. Where travel arrangements are cancelled for any reason prior to full payment being made, then any non-refundable deposits will also be forfeited.
Where you request a cancellation, this will be deemed to be an amendment to your booking and the above Magical Skies amendment fees will also apply.
Principals’ fees and charges
In addition to any fees we charge, our Principals may also charge amendment, administration, and cancellation fees and unless expressly stated otherwise, bookings may be non-transferable and/or non-refundable. In some cases, it may not be possible to change reservations or to cancel the reservation or it may be uneconomic for you to do so. You should always check the cost before requesting changes in reservations.
Where a refund is due this will be paid to you once we receive the moneys from the Principal involved. Unless otherwise agreed by us, refunds will not include fees, commission, or other amounts paid by the Principals to us for our services.
Your right to a refund is subject to the terms and conditions of the airfare or travel service provided by the Principals. We are not responsible for any delays by a Principal in processing a refund. Principals may take a significant time to process a refund and any payment of a refund to you is subject to us receiving it from a Principal.
To the extent permitted by law, we do not accept any liability for any loss or damage, injury, delay, inconvenience, loss of enjoyment or expenses caused directly or indirectly, by acts, omissions or default, whether by negligence or otherwise, by any Principal or by any other event beyond our control, including, without limitation, strikes, accidents, pandemics or outbreaks of infectious diseases, quarantine restriction, public health decree, state of emergency, acts of war or terrorism, civil or military disturbances, acts of God or where not preventable by our reasonable diligence. Where our liability cannot be excluded and where our liability may be lawfully limited, then that liability will be limited to the remedies provided by law.
By making payment for a booking with us or otherwise confirming your booking you confirm you are authorised to deal with all matters in connection with the booking with us or Principals on behalf of all other travellers named in the booking confirmation and accept the terms and conditions as set out in the booking confirmation on behalf of all travellers, and that such authorisation will continue unless otherwise revoked in writing.
Changes to these terms and conditions
We may amend these terms and conditions at any time. The applicable terms and conditions are those in effect at the time you make a booking with us.
Governing Law and Enforcement
Any disputes you may have with us will be subject to the laws of Republic of Kenya and the jurisdiction of the Republic of Kenya Courts. Suppliers and your contracts with them may be subject to different laws and jurisdictions. We note that international air transport conventions may apply in respect of the travel services in your booking. Any illegality, unenforceability or invalidity of a provision of these Terms and Conditions does not affect the legality, enforceability or validity of the remaining provisions.