Terms & Conditions
Your agreement with Magical Sunset and a contract is formed when you make a reservation with us that we accept. Enrollment in and payment for a Magical Sunset tour shall constitute acceptance by the guest of the terms and conditions in this document. No variation of these conditions will be effective unless in writing and signed by Magical Sunset. In these terms and conditions reference to “Magical Sunset representatives” means tour leaders and staff of Magical Sunset and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in Greece in which the tour is conducted, or any of them.
All contracts with Magical Sunset are made subject to the terms of these booking conditions.
The invalidity of any provisions herein shall not affect the validity of any other provisions. The agreement shall be construed as though the invalid provision was not contained herein and was replaced with an enforceable provision as similar as possible to the original provision. Should any conflict arise between these booking conditions and those contained within our brochures, these booking conditions shall prevail.
Travel is personal and each individual’s goals and experiences may differ. Magical Sunset will not be bound by, or liable for, any description, photograph, representation or warranty made by or provided by any independent third-party sales representative, Travel Agent, or other person or entity relating to any tour offered by Magical Sunset.
The services Magical Sunset supplies consist of arranging and coordinating yachts, tours and transfers, making bookings and issuing vouchers to be redeemed by suppliers if necessary. We exercise every care in the selection of reputable tour guides, coach operators, skippers, onboard hostesses, and other suppliers of the various travel services which are used in these tours. It is important to note, therefore, all bookings with Magical Sunset are subject to the terms, conditions and limitations of liability imposed by the service providers whose services we utilise, some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage of baggage. Because of this Magical Sunset does not accept liability for events beyond our control nor liability for accidents incurred due to actions taken at your own risk.
Security is a major concern to all of us and the situation globally is constantly changing. Events around the world, coupled with the “Travel Advisories” put out by various governments, may at times necessitate changes to the accommodations and itinerary or even trip cancellation. You must accept these risks involved in travel to any country that may experience security difficulties and accept responsibility for your own travel decisions.
1.3 COMPULSORY INSURANCE
All guests must have travel insurance with medical, evacuation and repatriation cover covering all applicable dates of travel with Magical Sunset. This insurance must cover; trip interruption, personal injury, medical expenses and repatriation cover including during pandemic events.
A copy of your travel insurance, policy number, insurance company name and the insurance company 24hr international emergency assistance contact number must be provided to Magical Sunset prior to your final payment.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the WHO senior citizens and guests with underlying medical conditions are especially vulnerable.
We ask that you please take personal responsibility for your well-being. This begins with packing any personal protective equipment and sanitisers you require. Please adopt physical distancing and hygiene practices throughout your pre-trip travel arrangements and follow all health instruction whether physical signage, or requests from our professional staff, once you are holidaying with us. To travel with Magical Sunset, you voluntarily assume all risks related to exposure to COVID-19.
1.5 INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and in the material published on it including, itineraries, tours and information pack. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise stated, the copyright and other intellectual property rights in all material on our website along with all aspects of this website including design, text, graphics, images, applications, and underlying source code are owned by Magical Sunset.
In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No material or any part of this website may be copied, reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Magical Sunset.
2.0 RESERVATIONS AND PAYMENTS
To reserve your private yacht and sailing tour, Magical Sunset must receive details of number of guests in your traveling party, passenger details and a 50% deposit for each traveling guest. Deposit for all traveling members in your party, must be made in one transaction.
Your Travel Agent shall hold all monies for each and every person named in the booking until the booking is confirmed at which time your Travel Agent shall provide those monies promptly to us. You consent to us depositing monies received by us as required by law. We will be entitled to keep interest earned on monies. You consent that all monies paid to us whether through your Travel Agent, by deposit or otherwise, may be disbursed by us as and when we see fit.
The prices quoted on our website represent the most current prices at off peak season. Prices are quoted:
per person based on two guests sharing a twin cabin,
private shower and toilet
subject to minimum traveling group of 6.
7-day private charted sailing tour with hostess on board
The price may vary dependent of group size, number of cabins needed on boat and departure date. Prices will be confirmed upon sailing tour request. A person may have a full cabin at an additional cost.
The balance of the tour price (final payment) is payable to Magical Sunset 90 days prior to departure except where payment in full has been made at the time of booking. (Prices are quoted in EURO (unless otherwise specified), inclusive of taxes, and all payments must be made in EURO.) If payment of the balance of the tour price is not received by Magical Sunset by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 4.4 will apply.
Magical Sunset tries its utmost not to increase tour prices, however sometimes increases are outside its control. Magical Sunset reserves the right to amend tour prices at any time. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services, increased fuel costs, or the need to engage alternative ground operators. Any increase in tour prices must be paid prior to the departure date.
2.3 INCLUSIONS IN THE PUBLISHED PRICE
Magical Sunset will endeavor to provide, new luxury catamarans with 3 or 4 cabins (based on group size) and private ensuites. At certain peak periods, luxury up to date catamarans may not be available due to seasonality or demand or other circumstances beyond our control. We will try to notify you or your Travel Agent of options. If your enjoyment may be diminished by such limitations, please check with us or your Travel Agent before making a reservation.
Your private yacht will include linens, food, stand up paddle board and other swimming equipment as specified in your itinerary.
A hostess on-board will prepare your daily meals as specified in your itinerary. Any special meal requirements, including allergies, must be provided at time of booking and are received on a REQUEST basis only. Magical Sunset cannot assure that special meal requests will be fulfilled and does not assume responsibility or liability if requests are not fulfilled.
Sailing Tour Fees and Taxes
Your sailing tour will include harbour maintenance fees and taxes, fuel surcharges, security surcharges or other incidental surcharges.
Videos & Information Pack
Provided full payment has been received on time and registration completed, an information pack will be provided in electronic format no later than 4 weeks prior to departure. The information pack will include short videos and documents to help you prepare, pack and understand the mythical legend the sailing tour is based on.
A ground staff representative will be made available to each sailing group tour for guests’ support and well-being.
The boat captain (skipper), hostess and ground staff representatives will be conducted in English.
Any special requests, such as restaurant reservations, personal activity bookings or other, can be made first to the hostess. In the event the hostess cannot assist, guests should contact their designated Ground staff representative.
Experiences, entrance fees and an English-speaking Local Specialist (when required) are included as detailed in the itinerary.
Specially designed games and interactive fun challenges are provided to help bring the myth and its characters to life
By air-conditioned deluxe minivan.
Due to limited capacity on the yacht, a single soft sided bag is allowed. Please refer to ‘What to Pack’ for detailed instructions. Storage facilities for additional luggage not taken on sailing tour can be made available upon request at time of booking.
Tips/gratuities are included for services on your sailing tour, except for restaurants, local guides/drivers whose tips/gratuities should be extended on a voluntary, individual basis.
2.4 EXCLUSIONS IN THE PUBLISHED PRICE
The tour price does not include any of the following; international fares prior to, pre or post tour, costs associated with obtaining passports and visa fees; arrival and departure taxes, tariffs, levies and other charges including city taxes. Personal travel insurance, medical expenses and vaccinations and any other insurance charges are not included. Meals and beverages not listed are at cost to the traveler as well as excess baggage fees and luggage delivery to and from the tour are not included. Optional activities you may choose to do that require additional payment are not included in the itinerary. International departure taxes are not included. Tips are not included in the program price. Tips for restaurant staff, local guides/drivers are at the discretion of the traveler. The price does not cover costs and expenses, including your return home, if you leave the guided holiday whether of your own volition, our decision based on behaviour that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
3.0 PASSPORTS, VISAS & OTHER ENTRY/EXIT REQUIREMENTS
All guests must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. Due to government-imposed security/ immigration measures, passport and emergency contact information is required for all guests prior to the release of travel documents.
It is the guest’s sole responsibility to secure and/or pay for any and all visas or Electronic Travel Authorisations (ETA's), affidavits, immunisations, etc. that are required in order to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/ departure by local government authorities.
Please note that entry to any country may be refused even if the required information and travel documents are complete. Magical Sunset will require full passport information (full name, date of birth, passport number, issue and expiry dates) prior to final payment.
For up-to-date detailed information on travel documents and visas, entry/ exit taxes and further information on entry and exit requirements please check with your Travel Agent or local consular services. Obtaining and carrying these documents is your sole responsibility. Magical Sunset bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for any guest, or for any delays, damages, and/or losses including missed portions of your holiday related to improper documentation or government decisions about entry.
4.0 BOOKING CHANGES
4.1 NAME CHANGE
An administration fee of 50 EURO per person will be charged for name changes or name corrections together with any costs incurred.
4.2 OTHER BOOKING CHANGES
A fee of 35 EURO per person, per change plus any costs incurred, will be charged for any revision or alteration made to a reservation after the booking is confirmed. Costs and charges may increase the closer to the departure date that changes are made. We will try to make your requested change but it may on occasion not be possible.
4.3 SAILING TOUR TRANSFERS
Once your booking has been received and confirmed, a transfer from one sailing tour to another, can only be made if the reserved sailing tour is cancelled and a new sailing tour is booked. In such cases, a cancellation fee will apply as per the cancellation policy.
4.4 CANCELLATIONS AND CANCELLATION FEES
If you wish to cancel your tour, you must notify Magical Sunset in writing. Once Magical Sunset receives your notice, cancellation will take effect and cancellation charges will apply as per the following:
60+ days 50% of tour price
59-41 days 75% of tour price
40-0 days 100% of tour price
4.5 UNUSED PORTIONS OF THE TOUR
The tour price is quoted as a package. We regret that refunds will not be given for any unused portions of the tour, including but not limited to sightseeing, transport, meals, entry fees, accommodation or others, not used. Magical Sunset does not authorise the employment of any overseas supplier to promise refunds to clients on our behalf.
5.0 HEALTH & FITNESS REQUIREMENTS
If you suffer from reduced mobility or have any other disability or medical condition which may affect your holiday arrangements, you must provide us with full details before booking so that we can advise you if we can accommodate your request and provide you with precise information as to the suitability of the holiday taking into account your needs. Reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. We rely on your assessment of your own ability to participate on a Magical Sunset tour. Magical Sunset does not accept any responsibility of individual’s decision to participate on tour once disclosure of what assistance has been made available.
If you have any dietary requests, allergies or any other special request, please advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, this is not confirmation that the request will be met. All requests are subject to availability. It is also your responsibility to double check and reconfirm any requirements with all holiday suppliers.
5.2 MEDICAL DISCLOSURE
You declare and warrant that:
You are in good physical and mental health at the time of booking this tour and subsequently during the tour.
Pre-existing medical conditions are disclosed to your travel insurer and cover sought.
Magical Sunset does not employ medical personnel. Any necessary medical attention must be sought at a local facility, if available, at the guest’s expense. Magical Sunset is not responsible or liable for losses or costs incurred due to unavailability of medical services, or medical services obtained while on holiday, or for the quality of the care or services received.
Unfortunately, passengers without travel insurance will not be accepted on any tour. Additionally, should a tour participant require or request medical attention during their travel, such attention will be provided by locally available health care officials and at locally available facilities. In such events, Magical Sunset is not liable for any direct or indirect costs, losses or expenses incurred by a passenger neither for health service costs incurred nor in the quality of medical care or medical services rendered.
6.1 GENERAL BEHAVIOUR
Magical Sunset staff are here to provide the best services possible but in doing so we will not tolerate abusive or aggressive behaviour from our guests. We will refuse to deal with and may terminate the holiday of guests who assault our Magical Sunset staff, suppliers or fellow guests or who are abusive or aggressive to them and are generally affecting the enjoyment of others with their behaviour.
When you make a booking, you accept responsibility for the proper conduct of all members of your party during your travels with Magical Sunset. We reserve the right at any time to terminate the travel arrangements and/or cease to deal with any party member(s) whose behaviour, in the reasonable opinion of us or our suppliers, may cause danger, upset, disruption or distress to anyone else or damage to property. Full cancellation charges will apply and no refund will be made. We shall have no obligation to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation and return transportation arrangements) guest may incur as a result of the travel arrangements being terminated.
6.2 YACHT DAMAGES
If you damage the yacht in which you are staying or any property, you must reimburse the yacht provider or property owner concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. This will be done via deduction from your Security Deposit. You should advise Magical Sunset if any deductions are made from your Security Deposit ad why. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Criminal proceedings may be instigated. Magical Sunset is not responsible for any costs incurred concerning a guest removed from a tour. Guests agree not to hold Magical Sunset or any of its related entities liable for any actions taken under these terms and conditions.
6.3 SECURITY DEPOSIT
A security deposit for the yacht will be required. The security deposit varies depending on the size of the boat and will be advised at point of booking but are typically 3000-4000 Euros. This deposit will be held against any damages to the yacht’s fixtures and fittings caused by you or your guests during the tour. Charges against the credit card will only be made if damages have occurred.
Credit cards such as Visa and Mastercard are accepted for security deposit.
By accepting terms and conditions, you certify that your image may be used without charge by Magical Sunset for promotional purposes including but not limited to the website, printed promotional items and promotional presentations, unless you notify us in writing that you do not wish to have your image used for these purposes.
8.0 ROUTE CHANGES, POSTPONEMENT, CANCELLATION or DELAY
Magical Sunset strives to improve sailing tour itineraries, services and features. If improvements can be made, or if circumstances beyond our control make changes necessary, we reserve the right to vary itineraries and to substitute destinations or activities during the sailing tour. At certain peak periods multiple departures may operate, sometimes in reverse order; locations may vary from those stated on the itinerary pages. Departures in early and late season are potentially operated in cool weather conditions. As a result, itinerary variations may occur. Certain activities may not be precisely as described or may not be available due to seasonality or weather conditions or other circumstances beyond our control. We will try to provide equally or better activity options for your enjoyment and notify you of such changes as early as possible.
Magical Sunset also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4.4 applies as if you cancelled the tour at the date that Magical Sunset cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances and depending on your inclusions.
9.0 ITINERARIES AND BROCHURES
Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Magical Sunset. The information contained in Magical Sunset’s website, brochures, trip notes and pre-departure information is to the best of Magical Sunset’s knowledge and belief, correct at the date of publishing.
10.0 FORCE MAJEURE
If Magical Sunset is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Magical Sunset’s reasonable control, Magical Sunset will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 8. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.
11.0 ASSUMPTION OF RISK
Travel and tours involve a level of risk and you acknowledge and agree that:
You have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the government of your country and any other government warning, and that it is your responsibility to acquaint yourself with that information or advice.
You accept the inherent and increased dangers and risks associated with the travel and proposed tour and the accompanying risk of injury, death or property damage or loss.
12.0 LIMITATION OF LIABILITY
12.1 NO LIABILITY
Magical Sunset is not a carrier, event or tourist attraction host, accommodation or dining service provider. All bookings made and tickets or coupons issued by Magical Sunset for transport, event, accommodation, dining and the like are issued as an agent for various service providers and are subject to the terms and conditions and limitations of liability imposed by each service provider. Magical Sunset is not responsible for their products or services. If a service provider does not deliver the product or service for which you have contracted, your remedy lies with the service provider, not Magical Sunset.
Magical Sunset will not be liable for any claim (eg. sickness, injury, death, damage or loss) arising from any change, delay, detention, breakdown, cancellation, failure, accident, act, omission or negligence of any such service provider however caused (contingencies). You must take out adequate travel insurance against such contingencies.
While on tour there may be instances where you may wish to participate in activities outside the tour programme which may involve catching taxis or using public transport to shopping/dinner locations or other destinations chosen at the time. Magical Sunset will not be liable for any accident, injury, death, property damage or loss in relation to such activities. By submitting the booking form, you agree to take part in these activities at your own risk.
12.2 RELEASE AND DISCHARGE
To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge Magical Sunset and its representatives from all claims, actions or losses including but not limited to for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, direct or indirect or punitive damages or otherwise which may arise;
In connection with or during the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of Magical Sunset’s representatives, or
In connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by Magical Sunset representatives in arranging such optional activities will not render the Magical Sunset representatives liable to you in any way.
13.0 AUSTRALIAN CONSUMER LAW
Under the Australian Consumer Law, statutory guarantees apply to the supply of recreational services of the kind offered by these terms and conditions. “Recreational services” is defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that Magical Sunset, as the supplier, is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are fit for their intended purpose.
Under the Australian Consumer Law, Magical Sunset, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. Enrollment in and payment for a Magical Sunset tour, means you will be agreeing that your rights under this agreement, (if you suffer personal injury or death because the services provided were not rendered in accordance with these statutory guarantees), are excluded, restricted or modified in the way set out in this condition.
To the extent permitted by law, you hereby exclude, release and forever discharge all Magical Sunset and its representatives from all liability for any and all claims, loss, damage, cost or expense arising from your death or your suffering physical or mental injury or any other condition, occurrence, activity, form of behaviour, course of conduct or state of affairs as specified in section 139A of the Competition and Consumer Act 2010 (except in the case of liability arising from the reckless conduct on the part of Magical Sunset’s representatives) and connected with your participation in the recreational services which comprise the tour.
You permit Magical Sunset to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to Magical Sunset’s representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.
A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
16.0 SEVERANCE OF CONDITIONS
If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.
This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Victoria, Australia.
Magical Sunset will not be responsible for any theft or damage of personal property. Please ensure you have adequate insurance.
a) We do our best to provide you with photographs and illustrations that should give you an impression of the facilities offered. These photographs and illustrations aim to give you an idea of the standard of the facilities, but are not contractually binding.
b) Facilities available ‘outside the location’ together with connections arranged on the client's request will remain under the sole responsibility of the outside providers who organised them.
c) If you or any of your party suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your tour we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings.
d) The contractual terms of the companies that provide the transportation for your tour will apply to this contract. These may contain terms that affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices.
e) The contract is made on the terms of these booking conditions, which are governed by Law and the jurisdiction of the Courts.
Magical Sunset assumes no liability for any acts or omissions of any supplier including, without limitation, those involving failure to deliver or partial or inadequate delivery of services, overbooking or downgrading of services, cancellation of tours, schedule changes, re-routings, delay, theft, damage to or loss of baggage, property damage, accidents, death, sickness or injuries to persons regardless of cause, or other unforeseen events caused in connection with those service providers, their employees, agents, servants or representatives, whether or not any tours sold, services tendered or transportation provided is arranged through Magical Sunset. Magical Sunset does not accept including but without limitation to war or threat/acts of war, acts of government, acts of terrorism, fire, strikes or other labour activities, civil unrest, insurrection or revolt, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of mechanical equipment, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time or other disturbances of any kind which cancel, interfere with, or add cost to the services requested. There are certain inherent risks in adventure travel and at times there may be inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. Passenger assumes all such risks with regard to these possibilities. Magical Sunset is not liable for any negligent or will-full act of any such person or entity or of any third person.