Montisi Magica Limited
Terms and Conditions as at 1st January 2017
The following are the Terms and Conditions upon which Montisi Magica Limited agrees to organise and arrange Holidays for Clients.
1.1. Bookings may be made either in writing (email) or over the telephone but no booking is deemed to be accepted unless and until it is confirmed in writing (email).
1.2. The Client is responsible for ensuring the accuracy of the terms of any booking and for checking that the information on the Booking Form is correct.
2.1. The price of the Holiday shall be the price agreed at the date upon which the booking is made, as set out in the Booking Form and Montisi Magica shall not be responsible for any losses caused to the Client by reason of fluctuations in currency exchange rates between the date the booking is made and the date the holiday is taken. All prices quoted are valid only for the original booking and are not transferable to alternative dates unless otherwise agreed in writing (email).
2.2. Everything that is included in the price will be specified on the Booking Form. The Client will meet all other costs, including travel costs to Montisi or other destination unless otherwise stated. Travel information is available on our website www.montisimagica.com.
2.3 Where the Holiday includes the booking of accommodation and/or activities for the Client on which a commission is not payable to Montisi Magica, then we reserve the right to charge an hourly fee of £75 per hour to the Client for all work done in connection with the organisation of such accommodation and/or activities.
3. Deposit and payment
3.1. A non-refundable deposit of £250 per person (unless otherwise stated) is payable at the time of booking and the final Confirmation will not be issued by us until the deposit has been received in full.
3.2. The balance is payable in full a minimum of 8 weeks prior to the start date of the holiday, unless otherwise stated.
3.3. If payment is not made by the due date then, without prejudice to any other right or remedy available to us, we reserve the right to charge interest (both before and after any judgement) on any sum unpaid until payment in full is made at the rate of 4% per annum above the National Westminster Bank plc base rate from time to time.
3.4. The method of payment, unless otherwise agreed shall be by bank transfer to:
Montisi Magica Limited
Sort code 09-01-28
Account number 74795937
IBAN: GB31 ABBY 0901 2874795937
3.5 Where a price has been provided in a currency other than pounds sterling the exchange rate shall be the rate on the date of payment as per the cross rate provided by MasterCard https://www.mastercard.com/global/currencyconversion/.
4.1. In the event of the Client cancelling a holiday, he/she will remain liable for payment in full. Where Montisi Magica is able to fill the place, some or all of the payment may be waived and/or refunded, subject to discretion. The deposit is not refundable.
4.2. All Clients are strongly recommended to take out appropriate travel insurance at the time of booking.
5. Warranties and Liability
5.1. Subject to the remainder of this clause 5 Montisi Magica warrants that the Holidays provided will be of a reasonable standard.
5.2. Montisi Magica accepts no liability in respect of the following matters:
5.2.1. The standard of accommodation, all of which is provided through third parties;
5.2.2. Changes to the programme necessitated by unforeseen circumstances;
5.2.3. Failure by third parties to meet their obligations.
5.3. Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.4. Any claim by a Client that is based on any deficiency in the quality of any part of the Holiday must be made within 48 hours of arising.
5.5. Where any valid claim in respect of any element of the Holiday, based on any deficiency in quality, is notified to us in accordance with these Terms, Montisi Magica is entitled to provide an alternative service free of charge or, at its sole discretion, to refund the price relating to that part of the Holiday only, but shall have no other liability.
5.6. Except in respect of death or personal injury caused by negligence, Montisi Magica’s entire liability under or in connection with these Terms shall not exceed the price of the Holiday.
6.1. Montisi Magica is not responsible for any delays in performing, or for any failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
6.2. If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these terms shall otherwise remain in full force and effect and enforceable.
6.3. These Terms contain the entire agreement between Montisi Magica and the Client, unless otherwise agreed in writing.
6.4. These Terms supersede any prior agreement whether written or oral.
6.5. These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms.
6.6. No waiver of any breach of these Terms by the Client shall be considered as a waiver of any subsequent breach of the same or any other provisions.
6.7. These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.