Terms for users
General Terms and Conditions
VERSION 1.1 (08.09.2022)
These General Terms and Conditions (the “Terms”) apply to the website www.magicwizardtours.com and any of the subdomains of it (the “Website”) and/or services offered by using the Website. The Website is the official website of OÜ Travel Nerd (hereinafter referred to as the “Company”), the company registered in Estonia, registry code 16388532, address Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145.
By accessing or using the Website and any services made available through the Website and affiliated websites, if any, (collectively, the "Services"), you ("User" and collectively with others using the Website "Users", and depending on the context the Guide or the Visitor as defined further) agree without any modifications to be bound by these Terms.
The Services are provided by the Company, and the terms "we," "us," and "our" refer to this legal entity.
Certain Services may be performed by different parties, including subsidiaries, affiliates or subcontractors of the Company.
These Terms affect your legal rights and obligations. If you do not agree to be bound by these Terms, do not access or use the Services.
The information made available on our Website may be altered or removed at any time without prior notice. The Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last Revised" date at the top of the Terms.
Subject to applicable law, the method of notification will be left to the Company's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances unless the Company is duty bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website. These changes will apply at that instant to all then current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.
For the purposes of these Terms the following terms shall have the following meanings:
Data Protection Laws - means any applicable legislation, instruction, guide or any other act issued by competent authority that regulates the protection of individuals’ personal data (GDPR and any local legislation).
Platform - an intermediation solution/bulletin board at the Website dedicated to the provision of the Services.
Visitor or Traveller - the person who is interested in purchasing the Travel Service or who purchased the Travel Service depending on the context.
Guide - the User who posted the information/offer regarding the Travel Service on the Platform and offers/provides the Travel Service.
Registration - a set of actions of the User, including the provision of credentials and other information, performed by the User using a special form of the user interface of the Platform in order to form a personal profile, gain access to additional Services of the Platform.
Services - features (tools, methods, algorithms, etc.) provided by the Company on the Platform and allowing the User to post, search and view Travel Service, as well as any other features and functions available on the Platform.
Travel Service - guided tours, excursions (a collective or individual visit to a museum, a place of interest, an exhibition, an enterprise, etc., undertaken for educational, scientific, sports or entertainment purposes), master classes (a lesson given by a master - an expert in a given art, science or craft or other areas of professional activity) or other events posted by the Guide on the Platform.
The Company provides the Services related to the Platform which is a mediation solution/bulletin board at the Website being the meeting point between the Travellers and the Guides for the purposes of finding and booking Travel Services. The Company acts as an operator of the Platform.
We provide the Platform on which the Guides can promote and offer Travel Services in different locations indicated on the Platform, and Visitors can search for, compare and book them. Visitors and Guides may communicate regarding Travel Services with each other using the Platform.
The Company takes reasonable care in providing the Platform, but it can’t guarantee that any information on the Platform regarding any Guide and/or Travel Service is accurate (including any content provided by the Guide). To the extent permitted by law, the Company shall not be held liable for any errors, or any interruptions, however, the Company will do everything in its power to correct such omissions as soon as possible under the particular circumstances.
Our Platform is not a recommendation or endorsement of any Guide or any Travel Services.
The Company is not a party to the terms/agreements between the Visitor and the Guide. The Guide is solely responsible for the provision of the Travel Services.
We do not resell, offer or provide any Travel Services on our own behalf (unless otherwise directly expressed in the description of the Travel Service). When you book a Travel Service, you enter into a contract directly with the Guide, as disclosed during the booking process.
The Company acts solely as the Platform and shall not be involved in the third-party terms. The Company shall not be responsible and held liable for any purchased Travel Service (to the fullest extent permitted by law).
Once the Travel Service is booked, we will provide the Visitor and the Guide with details of the booked Travel Service.
It shall be the Visitor’s responsibility to attend the Travel Service at the exact starting time indicated in the confirmation document (the time zone of the Guide shall be decisive). If the Visitor is travelling from abroad, the Visitor shall be responsible for the necessary travel documentation and compliance with entry and health requirements whether applicable.
The descriptions and illustrations of the Travel Services originate from the respective Guides. The Company, therefore, has no direct influence on the scope of such content. The Company does not control the information posted in the profiles of Guides and Visitors, as well as is not responsible for the safety, legality, quality of the content and quality of Travel Services provided by the Guides.
The use of the Platform is only personal, i.e. the User shall not use the Services under any circumstances for its own business purposes. Therefore the Visitor shall not resale tickets/bookings for the Travel Services.
When concluding the contract for the Travel Service, we act as the commercial agent of the Guide (unless otherwise directly expressed in the description of the Travel Service).
REGISTRATION ON THE PLATFORM
Registration of the Users
By registering on the Website, the User agrees to use the Services only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.
By registering on the Website the User accepts these Terms.
When the User creates registers on the Platform, the User must provide information that is accurate and complete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform.
By registering on the Website you acknowledge that you are of legal age, have the necessary legal capacity to decide and bind yourself through an agreement and use the Platform in accordance with these Terms, which you understand and acknowledge in full. You as a User shall be responsible for safeguarding any passwords in order to enter the Platform and guarantee that no unauthorised third parties shall gain access to the password.
The contract for the use of the Platform is concluded for an indefinite period of time and you may terminate it at any time (by unsubscribing from our Platform, deleting the User account or by requesting to withdraw the consent for the use of the personal data).
The Company may block access to the Platform in case of violation of these Terms, suspected fraud and violation of obligations under the agreement with the Guide, which becomes known to the Company.
Registration of the Guides
Registration on the Platform is free for the Guides.
In order to create the Guide account, the Guide shall enter its full legal name, VAT payer status (VAT number, if applicable) and email address in the registration form on the Platform and set a password. The Guide shall keep this data secret so that no third party has access to the account. By clicking on the button confirming the registration, the Guide accepts these Terms. After confirmation of the email address, the Guide will receive a confirmation “welcome” email. After that, the Guide account shall be recognized as created.
The Guide may only register one account for itself. The Guide shall have no right to transfer/assign the account to anyone else.
The Guide shall be responsible for keeping login credentials confidential and shall not disclose the login credentials to any third party. The Guide shall be liable for any activity conducted in connection with its account. The Guide shall immediately notify the Company if the Guide knows or has reason to suspect that (a) its login credentials have been lost, stolen, misappropriated, or otherwise compromised or (b) there has been actual or suspected unauthorised use of the Guide’s account.
The Platform allows the Guide to post, link, store, share and otherwise make available certain information related to the Travel Service (the "Content"). The Guide shall be responsible for the Content that is posted on the Platform, including its legality, reliability, and appropriateness.
The Content shall all time include all necessary information about the Travel Services, such as (a) suitability information (for example, minimum age, health conditions, driving licence, any other permits), (b) transport and logistics information (meeting point, time and date, travel route, etc), and (c) other information which reasonable person deems important to indicate for the Traveller. The Guide shall ensure that all critical information is included in the Content, if any logistical information is omitted from the Travel Service description (or the Content) or ticket, the Guide shall provide this information to the Traveller as soon as possible. The Content shall be accurate and up-to-date at all times.
By posting Content on the Platform, the Guide grants the Company the right and licence (royalty-free) to use, modify, publicly display, reproduce, and distribute such Content on and through the Website. The Guide retains any and all of its intellectual property rights to any Content submitted, posted or displayed on or through the Platform and it is Guide’s responsibility to protect those rights. The Guide acknowledges and agrees that this licence includes the right for the Company to make the Content available to other Users of the Platform, who may also use the provided Content subject to these Terms.
The Guide represents and warrants that: (i) the Content belongs to it or it has the right to use it and grant us the rights and licence as provided in these Terms, and (ii) the posting of the Content on or through the Platform does not violate the rights of any person. If the intellectual property rights in regards to the Content are challenged on any point, such challenge or claim shall be directed to the Guide and the Guide solely shall be liable for any damage and shall procure all necessary to minimise the damage to third-party if caused without unreasonable delay. The Company shall not be liable for any damage caused by any violation of intellectual property rights in regards to the Content.
The Guides shall not place their contact information, logos and branding (contact phone number, email, Skype, website address and other data) in the text, pictures or other information fields of the Website that are not directly designated for that purpose.
The Guides are prohibited from posting information related to the provision of services of a sexual nature.
PURCHASE OF THE SERVICE. LEGAL ARRANGEMENTS WITH THE GUIDE
Search for the appropriate Guide and/or the Travel Service on the Platform is carried out by the Visitor.
When booking the relevant Travel Service, the User makes a request for the purchase of the Travel Service by clicking the “Book” and/or “Send request” and/or “Write a message” button. The Guide must respond to the User within 6 hours of receiving the latter's request. By clicking “Book” and/or “Send request” the User is submitting a binding offer to conclude an agreement for the purchase of Travel Service with the respective Guide. This order confirmation shall not be treated as an acceptance of the agreement by the Guide.
When a Traveller selects and purchases the Guide’s Travel Service on the Platform and the purchase is confirmed by the Guide, the Traveller enters into contractual relationships with the Guide. In case of reaching an agreement with the Guide and paying for the Travel Service, the Visitor receives a confirmation email to the specified email address (email) with the place and time of the meeting.
The communication between the Visitor and the Guide can be conducted through the Company. In case of emergency, the Traveller shall contact the Company.
We have the right to accept the contract offer in the name and on behalf of the Guide as a commercial agent. However, we (and the relevant Guide as the case might be) reserve the right to reject contract offers at our sole discretion.
The Guides may establish their own terms and conditions in respect of the provided Travel Service. If provided, the Visitor shall read the Guide’s terms and conditions carefully as these terms may contain important information about relevant Travel Services. The agreement between the Visitor and the respective Guide is not set out in a separate contract text. The content of the contract results from the booked Travel Service, these Terms and, whether applicable, the terms provided by the Guide
For the proper and quality provision of the Travel Services, the Guide shall have the right to immaterial changes (including change of the meeting point and time) to the program at 2 hours before starting if this is deemed necessary due to circumstances arising at short notice at the place of the provision of the Travel Service.
The Company doesn't make any promises or representations regarding the Travel Services provided by the Guides. Making the right choice(s) is entirely the Visitor’s responsibility.
The Visitor’s payment for the selected Travel Service means complete and unconditional agreement with the total cost of the Travel Service. The price of the Travel Services does not include insurance.
Payment is made online through the payment system. Payment is possible using all available payment methods provided by the payment system. Unless otherwise agreed, the price for the Travel Services of the Guide is payable immediately upon booking by the Visitor. In some cases, it is possible to pay for the Travel Service by cash directly to the Guide.
The Company is entitled to receive the invoiced amounts in the name of and on behalf of the Guide (as a commercial agent), unless otherwise expressly stated in the Guide’s invoice.
If a Traveller requests an invoice the Guide shall provide it as the Company acts as an agent between the Guide and the Traveller, and cannot provide it (unless the Company acts as the seller of the Travel Service). The Guide is the renderer of service to the Traveller and it shall be the Guide’s responsibility to provide the Traveller with an invoice (unless the Company acts as the seller of the Travel Service). The invoice must comply with all applicable tax requirements.
Please note the terms and conditions of the Visitor’s payment services provider may apply and the Visitor shall be responsible for any fees charged by such a payment services provider.
The total price of the purchased Travel Service will include the price of all of the selected Travel Services and any taxes if applicable.
If the Guide charges the Visitor directly, this will usually be in person at the start of the provision of the relevant Travel Service (this depends on the payment policy of the Guide as communicated to the Visitor during the Travel Service purchase process).
TRAVEL SERVICES PROVIDED BY THE COMPANY
In some cases the Company may purchase Travel Services from the Guides directly or through third-party platforms and resell such Travel Services through the Platform. We will indicate in the description of the Travel Service if we resell the particular Travel Services.
In such a case, the conditions of these Terms applicable in respect of the Guide directly providing the Travel Services to the Travellers shall apply in respect of the Company meaning that the Company shall be responsible for the activities or failures to act by the Guide and legal relations regarding the Travel Service shall occur between the Company and the Traveller.
CANCELLATION AND REFUND
In case of cancellation of a Travel Service booked on the Platform, due to the fault of the Guide, the Company undertakes to procure all necessary actions for the return to the Visitor 100% of the purchase price (if paid) within 14 days from the date of the cancelled Travel Service.
In case of cancellation of Travel Service booked on the Platform at the request of the Traveller with a written warning to the Guide at least 48 hours before the agreed start time of rendering Travel Service, the Company undertakes to return to the Traveller 100% of the purchase price (if paid) within 14 days from the date of the contemplated rendering of the Travel Service unless the Travel Service includes non-returnable tickets (which shall be directly indicate in the description of Travel Service).
In case of cancellation of a Travel Service booked on the Platform at the request of the Traveller and without a written warning to the Guide or warning less than 48 hours before the agreed start time of the Travel Service, the purchase price (if paid) shall not be refunded.
To receive a refund, the Traveller must request the cancellation of the Travel Service through the cancellation function of the Platform or by contacting the Company by any means indicated in the “Contacts” section of the Website. In such a case the Traveller shall also indicate the details of the means of payment that were used to pay for the Travel Service.
In case of cancellation of a Travel Service booked on the Platform due to adverse weather conditions, the Company undertakes to provide an equivalent replacement at a convenient time for the Traveller or return 100% of the purchase price to the Traveller within 14 days from the date of the cancelled Travel Service.
In case of cancellation of a Travel Service booked on the Platform due to an initiative of any regulator/government authority/regional or municipal authority connected with COVID-19 or any other pandemic, weather conditions, official restrictive measures, strikes any other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Guide and are beyond the Guide's control (force majeure events) make it impossible or significantly impede or endanger the performance of the activity, the Company undertakes to provide an equivalent replacement at a convenient time for the Traveller or return 100% of the purchase price to the Traveller within 14 business days from the date of the cancelled Travel Service.
SPECIAL PROVISIONS FOR THE GUIDES
As the case may be, the Guide appoints and authorises the Company as its commercial agent to conclude the contract for the provision of Travel Service with the Visitor in the name and on behalf and for the account of the Guide, manage and cancel bookings, and make full or partial refunds to the Visitors as established in these Terms.
For the avoidance of doubt, the contract for the provision of the activity is concluded exclusively and directly between the Traveller and the Guide. As a commercial agent for the Guide, the Company is authorised by the Guide to collect payments from the Visitors.
No joint venture, partnership, or employment relationship exists between the Guide and the Platform / Company as a result of this Agreement.
The Company receives a commission from the Guide for the agency services. The Company shall have the right to impose and charge a fee for the agent services. The fee shall be established at the level not less than 20% (before VAT) of the price of the relevant Travel Service (before any applicable tax and/or duty). For the avoidance of doubt, in the event the Company is required to impose VAT on fee for the agent services, the Company will deduct the amount of such VAT from payments due to the Guide, in addition to the fee for the agent services.
The fee is charged for each Travel Service. At the Company's option, the Company will make payments to the Guide one time a month .
The cost of the booking is included in the cost of the Travel Service itself, displayed on the Platform. The Company shall have the right to deduct the commission from the amounts due to the Guides (revenue made on the Platform and retained at the end of each invoicing period). Not later than [day of the period following the previous payment period], the Company shall transfer an amount to the account of the Guide equal to the total amount collected for completed Travel Service occurring, in the previous period month, deducted by the applicable fee of the Company, but no more than once a month.
If the payment of the fee for the Travel Services has been made directly to the Guide by the Visitor, the Company shall issue an invoice to the Guide when the commission amount is more than 100 euros for the payment of the commission as established in these Terms. The payment of the invoice shall be made to the account of the Company indicated in such an invoice within 5 days since invoicing date.
These Terms shall remain in effect for the Guide until terminated as established hereunder. Neither the Guide nor the Company shall be liable to the other for any damages resulting solely from termination as permitted herein.
The Guide and/or the Company shall have the right to terminate the legal relationships under these Terms at any time for convenience effective upon 30 days' notice. A termination can be done automatically by [using the contact details of each party as applicable]. The remaining confirmed Travel Service shall be executed as planned or otherwise treated according to Section 71.
The Company may terminate this Agreement by written notice to the Guide if the Guide breaches or is in default of any obligation hereunder which breach or default is incapable of cure or which, being capable of cure, has not been cured within 15 days after receipt of notice of such breach or default (or such additional cure period as the Company may authorise in writing).
In addition to above mentioned, if the Company has reasonable grounds to believe that the Guide is in breach of these Terms, or that the Visitor or other Guides are at risk from the Guide’s actions or failure to act, the Company shall have the right for one or more of the following actions: (a) issue a warning to the Guide; (b) remove Travel Service offered by the Guide or other Content from the Platform; (c) temporally restrict the Guide’s use of the Platform; (d) cancel some or all bookings and provide any affected Visitors a full refund, regardless of the normal cancellation procedures established herein; and (e) stop accepting bookings for Travel Service on behalf of the particular Guide.
In addition, the Company reserves the right to temporarily remove the Travel Services of the particular Guide if the mentioned Travel Services are associated with an excessive number of refunds or fraudulent transactions.
The conditions of these Terms, except Sections 30, 70 and 71, shall remain in effect for the particular Guide until all bookings for Travel Services made prior to the termination date of these Terms, but scheduled to be completed after the termination date of these Terms, provided however that no new bookings of Travel Service shall be made after the termination date of these Terms. At the Company sole discretion, the Company shall have the right to cancel some or all bookings for Travel Services made prior to the termination date of these Terms, but scheduled to be completed after the termination date of these Terms and offer affected Visitors either a full refund or alternative Travel Service. Any bookings for Travel Services made prior to the termination date of these Terms, but scheduled to be completed after the termination date of these Terms that are not cancelled will be performed as scheduled. Once all bookings for Travel Services made prior to the termination date of these Terms, but scheduled to be completed after the termination date of these Terms are resolved, the Company shall remove all Content, and sections "Taxes", Section 33, “Disclaimers“, "Data Protection", this Section, section “Applicable Law and Jurisdiction”, shall continue to survive termination of these Terms.
The Guide (if acts as the data controller) shall comply with all Data Protection Laws when processing (including accessing, collecting, storing, transmitting, and transferring) personal data. The Guide shall maintain adequate security measures to prevent breaches, data leaks, the unintended disclosure of, the unauthorised access to, or misappropriation of, any personal data. If requested by the Company, the Guide shall be obliged to provide evidence that the Guide has established and maintains technical and other measures governing the processing of personal data in accordance with these Terms and Data Protection Laws.
All prices which are mentioned on our Platform are including VAT (if applicable at all). Note that specific VAT rules are applicable to the provision of Travel Services, as well as the mediation regarding such services. This means that the amount of VAT included in the price of the Travel Services, as well as in the mediation fee (if any), depends on the destination of the travel as well as whether the Traveller or the Guide is a private person/individual or a person with a VAT number.
However, it is possible that additional local taxes (e.g. local tax) are levied locally. We have no influence on this. The payments by the Travellers shall include all of the taxes applicable in respect of the Travel Services in the jurisdiction of the Guide.
The Guide is solely responsible for determining its obligations to report, collect, remit or include in its Travel Services any applicable taxes and for the payment of the applicable taxes and duties to the relevant authority.
If at any time Company determines that it is required to collect or deduct applicable taxes relating to the Travel Services, either on its own or on the Guide's behalf, it will inform the Guide and collect or deduct such applicable taxes. Upon request from the Company, the Guide shall within five business days (a) provide the Company with valid tax identification (if any) or functional equivalent confirming that the Guide is a taxpayer in applicable jurisdictions where the Travel Services are taxable, (b) issue a valid tax invoice regarding the particular Travel Service, (c) provide other cooperation as requested to confirm the Guide's compliance with tax obligations.
COMMUNICATION RULES OF THE PLATFORM
It is prohibited to insult users of the Platform in any form. It is forbidden to display any rudeness, personal insults and obscene statements towards other users, harming their reputation, degrading their honour and dignity, including public clarification of personal relationships, both in private messages on the Platform and in reviews of the Travel Service. The Users must maintain a respectful form of communication.
It is forbidden to show racial, ethnic and religious hostility, campaign for political parties, promote terrorism, extremism, drugs, religions and other topics that are incompatible with the generally accepted laws of morality and decency.
Threats of any nature (real, virtual and other threats against the Users of the Platform) are prohibited.
The Company is not an official representative of any Guide that has posted its offers on the Platform. We also condemn any actions of Guides and/or organisations to create offers of services that imitate or copy previously created offers of services in a lawful way by anyone without the appropriate permission of the copyright holder.
The Guide shall not directly or indirectly (a) encourage a Visitor to book a service outside the Platform, (b) refer a Visitor to any other website or platform, providing similar Services, or (c) take any other action to circumvent the Platform or the payment of the Company's commission.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES (EXCEPT THE WARRANTIES GIVEN IN SECTION 34), EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ACTIVITIES AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. The Platform and the Website are provided “as is,” without warranty of any kind, either express or implied. The Company does not warrant that (i) the Platform will meet all of the Guide's or User's requirements or that performance of the Platform will be uninterrupted, virus-free, secure, or error-free, or (ii) the content of the Platform and/or the Website will be complete, accurate, or free from technical defects or changes by unauthorised third parties. The Company shall not be liable for the accuracy or completeness of customer-related data or data regarding Travel Service or the Guide. The Company does not guarantee that Guide will be able to sell the Travel Service through the Platform.
INTELLECTUAL PROPERTY AND COPYRIGHT OF FEEDBACK MATERIALS
All information, data and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our Website (except the Content) is the property of the Company and its related entities and affiliates or any of the Guides using the Website.
You may not copy, duplicate, print or circulate the information on this Website without our prior written consent.
The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of any user feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
The Company grants you a non-exclusive, perpetual and non-transferable licence to use the Website, solely for the purposes indicated herein and you shall have no right to resell or otherwise distribute any content of the Website.
CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
The Company may disclose to third parties the fact that you are a client of the Company, and the general nature of the Service in which the Company has assisted you. Additional information on the Services supplied to you may be disclosed by the Company without your consent, if such information has entered the public domain before disclosure by the Company. The Company may use your trademark or logo in conjunction with the permitted provision of information.
The Company grants you a limited, nonexclusive, non-transferable licence, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith (collectively, the "Content") solely for information or and the provision of the Services as expressly permitted by the Company from time to time.
Any other use of the Website or Content is expressly prohibited. You will not copy, transmit, distribute, sell, resell, licence, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.
If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available by law for any such violation "Magic Tours, https://magicwizardtours.com", and all logos related to the Services or displayed on the Website are either trademarks or registered marks of the Company.
You may not copy, imitate or use them without еру Company's prior written consent. You will not, nor will you authorise or encourage any third party to (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.
The Company, its affiliates, and its Users, Guides may provide third-party content on the Website and may provide links to web pages and content that are not owned or controlled by Company (collectively the "Third Party Content") as a service to those interested in this information. The Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third-Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.
APPLICABLE LAW AND JURISDICTION
You understand and accept that the relationship between you and Company shall be governed in all respects by the laws of the Republic of Estonia without regard to its conflict of law provisions.
If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Any disputes arising out of this Agreement shall be settled in Harju County Court pursuant to the laws of the Republic of Estonia.
Any dispute arising out of or related to these Terms is personal to you and you hereby agree that such dispute will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
LIMITATION OF LIABILITY
The Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company also shall not be held liable for the content of hyperlinks to Websites of third parties.
To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, the Company shall not be held liable for any indirect loss or indirect damage, inaccurate information about a Guide or Travel Service, quality of Travel Service or action of a Guide or other business partner, mistake in an email address, force majeure or event beyond our or the Guide’s control.
If you are in breach of these Terms and/or the Guide’s terms, to the extent permitted by law we shall not be liable for any costs incurred by the Traveller as a result, and the Traveller shall not be entitled to any refund.
To the extent permitted by law, the most that the Company, or any Guide, shall be liable for (whether for one event or a series of connected events) is the cost of the purchased Travel Service.
You agree and acknowledge that all agreements, notices, disclosures and other communications that Company provides pursuant to these Terms, may be provided in electronic form.
If you have any questions regarding these Terms, you are welcome to contact us (please refer to “Contacts” on the Website). All contact information provided to Guides and Travellers is used only for the execution of services within the framework of the Platform and is not provided to third parties.