When booking online, please read and accept the following terms of our Fair Trade Contract in order to continue with your purchase of an Apple Vacation. If you cancel for any reason within 30 days of departure and have not purchased Apple Vacations' AV-OK Total Vacation Security Plan, you will be subject to 100% cancellation penalty. Cancellations 44-31 days prior to departure will be subject to a $125 per person penalty, and outside of 44 days prior to departure there is a $45 per person penalty. For land only and scheduled air packages the cancellation penalty is a $45 Apple Fee plus applicable hotel and airline penalties. When a cancellation is made during a penalty period and you purchased the AV-OK Total Vacation Security Plan, your cancellation fee will be refunded in Apple Vacations' travel certificates with the balance of the refund made in the original form of payment less the non-refundable AV-OK plan payment, unless you have purchased the Cash Back Program. For complete details please refer to the Plan Description.
By booking with Apple Vacations, LLC ("Apple Vacations") and/or using the Apple Vacations on-line booking site, you agree to the terms and conditions of this Fair Trade Contract. For important travel information please visit applevacations.com/travel-tips which is part of this Contract. Your booking of the vacation is acceptance of the terms in this contract. Group vacations, Cuba tours, and Ski/Mountain vacations, have special terms and conditions. For groups, refer to your groups contract or see your travel agent. Cuba tours and Ski/Mountain vacations are operated by independent vacation wholesalers selected by Apple Vacations to provide you with the vacation services you purchase. Cuba tours are operated by Cuba Travel Services - visit applevacations.com/cubaftc. Ski/Mountain vacations are operated by LeisureLink - visit av.applevacations.com/info/terms.
1. BOOKINGS AND PAYMENTS
To reserve your vacation, provide the required booking information and pay the applicable deposit per person, including payment of the AV-OK Total Vacation Security Plan (if selected). Full payment by credit card is required at time of booking for all vacations booked directly on our website, www.applevacations.com.
Deposit requirements: For vacation packages utilizing published airline tickets, full payment of the air portion of the package is required at the time of guarantee (credit cards only), which will be forfeited if the booking is cancelled. For vacation packages using contracted scheduled rair, the minimum deposit is generally $200 per person, however, select contracted airfares may have lower deposit requirements. For charter air travel or land-only bookings, the required deposit is $125 per person. Apple Vacations reserves the right to issue scheduled airline tickets once the applicable deposit has been paid. The balance due must be paid at least 45 days before departure. For bookings within 45 days of departure, full payment is due at time of booking. Bookings for travel December 24-27 will require payment in full by October 15. For certain holiday departures, full payment is due 60 days prior to departure. We reserve the right to treat the booking as cancelled by you if the balance due is not paid when due. Vacation prices are subject to a late booking fee of $10 per person if booked 14 days or less prior to departure.
Apple Vacations' prices include taxes and service fees applicable to the airfare, hotel lodgings, and ground transportation components of your vacation package. At the time of check-in, additional fuel, security, and baggage surcharge and fees may be charged by the airline, hotels or any other service provider. Questions about these charges should be addressed to the airline, hotel or other service provider. Government entry and exit fees may also apply, depending on your destination. All air travel is subject to the terms and conditions of the operating airline.
2. HOW TO CANCEL OR REQUEST CHANGES
You must notify us immediately to cancel or make changes to your vacation package. If you booked on-line, contact Apple Vacations' Customer Service at 1-800-517-2000; if you booked through a travel agency, all communications prior to departure, including questions about changes, cancellation, payments and refunds, must be via your travel agent. Cancellation and change fees will apply. All changes are subject to availability and limitations and restrictions of the airline, hotel, and ground transportation or other service provider. Certain excursion operators only allow a refund if cancelled upon notice to them. Contact the excursion company for the applicable notice provision and to arrange a refund.
3. CANCELLATIONS, CHANGE FEES & REFUNDS
Your right to any refunds if you change your plans is limited. Cancellations and changes to any booking are subject to both Apple Vacations' fees and fees imposed by airlines, hotels and excursion companies. Most airfares and hotel reservations are non-refundable and non-transferable, and you may be charged 100% cancellation/change penalties. Passengers who do not travel are subject to 100% cancellation penalties.
If you cancel your vacation or change your departure date, flight, duration, class of service, name, departure city, or destination, the charges shown below become payable by you. Significant additional penalties (i.e. non-refundable airline tickets and fees, non-refundable or non-transferable hotel promotions) may apply.
Cancellation And Change Penalties
Charge per person ($) or as a % of the vacation price.
(including taxes and fuel surcharges)
|Notice received by Apple Vacations
in advance of departure
|Charter Cancel Penalties
||Charter Booking Changes*
|45 days or more
|44 - 31 days
|30 - 8 days
|7 - 0 days
|LAND ONLY AND SCHEDULED AIR PACKAGES|
Pre-departure: both the cancel and booking change fees are $45 per person Apple fee plus applicable hotel and airline penalties. Some air carriers and hotels do not allow name changes.
*These fees apply to changes to the departure date, flight, duration, class of service, departure city and destination.
Scheduled air change/cancellation fees may be up to 100% of the fare.
|NAME CHANGES AND CORRECTIONS, AND HOTEL CHANGES
Charter name change fees/corrections - $25 per person Apple fee, plus applicable hotel penalties.
Land only and scheduled air name change fees/corrections and hotel changes - $45 per person Apple fee plus applicable hotel and airline penalties.
Note: some airlines & hotels do not allow name changes.
|You must notify us immediately of any changes or cancellations. If you booked through a travel agency, all communications pre-departure must be via your travel agent. If you provide a substitute participant on a vacation, cancellation charges will be waived, but change fees apply; restrictions may apply.
If the number of individuals occupying a room changes due to a cancellation or booking change, the remaining traveler(s) will be responsible for any additional costs incurred as a result of a change in the per person occupancy rate. If all travelers change, it is considered a new booking and cancellation fees will apply.
4. AV-OK TOTAL SECURITY PLAN
Departure Cancellation/Change Waiver and Best Price Guarantee (Part A) and Post-Departure Travel Insurance (Part B). To cover your cancellation and change fees, you may purchase the AV-OK Total Vacation Security Plan within 7 days of your initial booking (except for group passengers who are subject to the terms under their group contract). For bookings within 14 days of departure, AV-OK must be purchased at time of booking. If you have purchased the AV-OK Total Vacation Security Plan, your cancellation fee will be reimbursed in Apple Vacations' travel certificates with the balance of the refund made in the original form of payment. However, if you have purchased the "Cash Back" option, your entire refund due will be made in the original form of payment. The AV-OK Plan payments are non-refundable and non-transferable. For complete details, refer to the AV-OK Plan Description at applevacations.com/avok or call them at 1-866-389-5378.
5. PRICE GUARANTEE
While prices and features of Apple vacations are subject to change without notice, our intention is to provide you with the vacation which you have selected, at the price in effect at time of booking. If you have not paid for your vacation in full, you will be responsible for any increases in the price of any and all components of the vacation package. If for any reason we need to increase the price of your vacation after you have paid in full, except for those increases related to government-imposed taxes and fees, we will offer you the option of cancellation without charge, provided that you advise us within 7 days of your receipt of notice of the price increase (or prior to your departure day if we notify you on less than 7 days' notice). Fees for changes that you make do not constitute an increase in the price of an already purchased ticket or other travel component.
6. TRAVEL ON AIR CARRIERS INCLUDING PUBLIC CHARTER FLIGHTS
Apple Vacations has made arrangements for air transportation to your vacation destination via regularly scheduled certificated air carriers or other air carriers who have duly filed with and are authorized to operate air transportation and public charter transportation by the U.S. Department of Transportation. Apple Vacations reserves the right to substitute alternate air carriers if necessary. All air travel is subject to the terms and conditions of the operating air carrier.
The baggage allowance and fees vary and are set by each air carrier. Information on carrier baggage policy and fees, liability for lost, misconnected and damaged baggage or other personal property is also set by each air carrier, which can be obtained through your travel agent, by contacting the air carrier directly, or by requesting them at the airport.
Some airlines do not cover damage to soft-sided luggage. The airlines' maximum liability for loss, damage or delay to checked baggage is limited to $3300 per ticketed passenger domestically and $9.07 per pound up to 44 lbs. per ticketed passenger for international travel. These limits will apply unless an excess valuation is declared at the time of check-in.
All lost or damaged luggage must be reported to an airline representative at the destination airport by the passenger before you leave the airport. Checked baggage taken from the terminal building at the destination will be considered to have been received in good condition and no claim for loss or damage will be accepted after baggage has been removed from the terminal. The maximum liability of the ground transportation company in resort for lost or damaged property is $400. Loss or damage must be reported immediately. Apple Vacations does not accept liability for client luggage or personal property.
8. FLIGHT INFORMATION
Whether you book online, directly with us or through a travel agent, flight information will appear on the booking confirmation issued when you make your deposit, and on your flight tickets or other electronic travel documents issued when payment is made in full. All flight times are subject to change. It is your responsibility to reconfirm your flight times prior to departing for the airport. If you fail to check in for your flight at the required time, you may be denied boarding and may not be eligible for a refund. Apple Vacations assumes no responsibility for any passengers making independent connections to flights booked through Apple Vacations. Pre-assigned seat selection is at the discretion of the air carrier and may require payment of an additional fee.
9. HAZARDOUS MATERIALS RESTRICTIONS
The FAA has issued "Hazardous Materials Restrictions" effective as of Jan. 1, 2015 - Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. Special restrictions and limitations for transporting Hazardous Materials and specifically Lithium Ion batteries, refer to www.faa.gov/go/packsafe for more information. In the event a carry-on bag cannot be accommodated in the passenger cabin and has to be placed below in a cargo bin for any reason, any electronic device or spare Lithium-ion or any other type of battery permitted in carry-on baggage MUST be removed from the carry-on bag and remain in the possession of the passenger in the passenger cabin. For further information contact your airline representative.
10. APPLE VACATIONS, AIRLINE, HOTEL, AND OTHER SERVICE PROVIDER RESPONSIBILITY
Apple Vacations makes arrangements with third party suppliers as independent contractors for the various components that comprise your Apple Vacations package, including all air or ground transportation (including airlines, rental car companies, bus, train and cruise lines), hotel lodgings, excursion services and other services. We have taken all reasonable steps to ensure that proper arrangements have been made for your vacation. However, Apple Vacations is not an agent of these independent travel providers and we expressly disclaim any liability for their actions or omissions.
Apple Vacations is not responsible under any circumstances for any injury or damages you may suffer, in connection with air or ground transportation, hotel accommodations, or other travel or excursion services arranged by Apple Vacations. Furthermore, Apple Vacations does not control and cannot be responsible for bodily injury, property damage or other loss or damage caused by factors beyond its control, including but not limited to: air turbulence, failure related to the public internet, telephone or other communication lines, disease, your failure to obtain valid travel documents or to follow travel instructions. Neither Apple Vacations nor these third party suppliers, or their respective subagents, shall be held liable for loss or damage to property or injury of person arising out of events of force majeure, including but not limited to strikes, war, acts of terrorism, extreme weather, flight delays or turbulence, quarantine, sickness, government restrictions or regulations, or any other cause beyond the reasonable control of such parties.
By booking with Apple Vacations and/or using the Apple Vacations online booking site (applevacations.com), you waive any claim against Apple Vacations, its affiliated and subsidiary companies, and their respective officers, directors, employees, contractors, and agents, for any loss of or damage to property or injury to any person caused by reason of (i) any defect, negligence, or other wrongful act or omission or any failure of performance of any kind by any airline, hotel, ground transportation, or other travel provider, (ii) any claim for inconvenience, loss of enjoyment, mental distress or other similar claim, (iii) any delayed departure, missed connection, substitute accommodation, termination of service or change in fares or rates, and (iv) overbooking, flight cancellation, lost or misconnection baggage, or any claim arising of the air transportation portion of any vacation package. Under no circumstances will Apple Vacations be liable for any special, incidental or consequential damages arising from the provision of our travel services or vacation packages.
The liability of each air carrier is governed by its Contract of Carriage, which will be made available by the air carrier.
11. TRAVEL PROVIDER CHANGES AND CANCELLATIONS & REFUNDS
All prices and features described in Apple Vacations' promotional materials and website are subject to change without notice. Some hotel room photographs may not depict the standard room category. Any refunds will be made as soon as possible in the original form of payment. No refunds will be made for any services provided in the vacation package or itinerary that you do not use. Passengers who do not travel are subject to 100% cancellation penalties.
Special features offered by hotels are subject to change at the hotel's discretion. In the unlikely event that a pre-departure change of hotel, departure or return date, departure city or destination becomes necessary, we endeavor to find comparable accommodations and will notify you as soon as possible. If our alternate arrangements are unacceptable to you, you may cancel without charge provided that you notify us within 7 days of your receipt of notice of the change (or prior to departure date if we notify less than seven days prior to departure).
12. INTERNATIONAL TRAVEL AND DENIAL OF ENTRY
Passengers traveling to any international destination must have a valid passport and, for non-U.S. citizens, valid entry documents (See "Things To Know Before You Go"). Apple Vacations is not responsible for any passenger who is unable to travel as a result of their failure to have the required travel documents, or is denied entry into any country or re-entry back into the U.S..
13. TRAVEL RESTRICTIONS
Apple Vacations will not allow travel to unaccompanied minors under 18 years of age, and some hotels require that the adult companion be at least 21 years of age. Some age restrictions may apply for car rentals and on cruises. Infants under 2 years may be free of charge, provided parents make arrangements directly with the hotels for incidentals such as food, crib, etc.. Disabled travelers must be accompanied by an able-bodied traveler who shall be responsible for ensuring the disabled traveler's participation in the excursion. Most travel and excursion services, hotels and visiting sites outside the United States are not, nor are they required by law, to be handicapped accessible, and may not be equipped with wheelchair ramps or other adaptive devices or equipment. Apple Vacations and its suppliers cannot be held responsible if ramps or other adaptive devices are not available. Restrictions for handicapped travelers may also apply for cruises.
We reserve the right to accept or reject any person as a excursion participant and to expel from the excursion any participant(s) whose conduct impairs the safety or security of the group to whose behavior is deemed incompatible with the interest of the group. Any expenses incurred to remove or return such person to the departure city will be charged to the expelled participant(s).
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Fair Trade Contract shall be governed by the laws of the Commonwealth of Pennsylvania.
If you find you have a claim or dispute with any of the Apple Vacations travel or excursion providers, we will provide you with as much assistance as reasonably possible to assist you in resolving the dispute. Apple Vacations does not control and cannot be responsible for such factors as weather, government actions, terrorism, mechanical breakdowns, your physical, medical or mental disabilities, your failure to obtain valid travel documents, your failure to follow travel instructions, or for denied entry at destination or re-entry into the U.S.
Should a dispute or controversy arise concerning the terms and conditions of this Fair Trade Contract or involving a loss, injury or damage during or relating to your trip, the parties' remedies shall be limited to dispute resolution through binding arbitration in Delaware County, Pennsylvania and shall be governed by the Uniform Arbitration Act of Pennsylvania. Each party shall appoint an arbitrator. The arbitrators shall appoint a neutral arbitrator. The decision of the arbitration panel shall be final and binding on the parties. Each party shall be responsible for their own costs with the costs of the neutral arbitrator to be divided evenly between the parties.
If any term or provision of this Fair Trade Contract is held invalid or otherwise unenforceable, the enforceability of the remaining terms or provisions will not be impaired thereby.
SPECIAL TERMS AND CONDITIONS APPLICABLE TO APPLE VACATIONS WITH SCHEDULED AIR TRANSPORTATION OR LAND ONLY PACKAGES
1. CHANGES BY AIRLINES
If a scheduled airline initiates a schedule change which results in a fare increase, the passenger is responsible for the price increase regardless of whether it occurs before or after the vacation price has been paid in full. All prices are subject to change if not paid in full due to fuel surcharge increases, government taxes and fees increases or unforeseen circumstances. You will be notified immediately upon discovery of an increase and will have the option of paying the difference or canceling with full refund. You may incur additional airline baggage and optional fees (food, excess baggage, etc.), charged by the airline at check in.
2. LOST AIRLINE TICKETS & REFUNDS
If you lose your scheduled airline ticket, you will have to purchase a new ticket at your own expense. In most cases the replacement ticket will be more expensive. You must contact your travel agent to begin refund procedures by completing a "Lost Ticket Application" (fees may apply). Any refunds made by the airline will be based on the value of the original ticket issued less any airline processing fees. Refunds (if applicable) will only be issued upon the return of the unused ticket.
SPECIAL TERMS AND CONDITIONS APPLICABLE TO APPLE VACATIONS' PUBLIC CHARTERS
These special terms and conditions apply to those travel packages where Apple Vacations arranges for charter air transportation provided by one or more air carriers.
1. PUBLIC CHARTER FLIGHTS
All public charter flights on AeroMexico, PC15-111 (B737-800-158 seats)/PC15-112 (B737-800-159 seats)/; Alaska Airlines PC 15-088 (B737-800-162 seats/PC16-102 ( B737-800-159 seats); Allegiant Airlines PC 15-118/PC 16-075 (A319-156 seats); Frontier Airlines PC 14-064 (A320-177 seats)/ PC 16-095 (A320-180 seats or A321- 230 seats), Icelandair PC16-096 (B757-200-183 seats); Miami Air PC 16-101 (B737-800, 180 seats); Swift Air PC# 15-138 and PC #16-091 (B737-400-150 seats); Volaris PC 15-141 (A319, 144 seats), Viva Aerobus PC15-168 (A320-180 seats); XTRA Airways PC 15-094 (B737-400, 150 seats or B737-800, 168 seats), PC 15-095 (B737-800, 168 seats or B737-400,150 seats) and PC 16-103 (B737-800, 168 seats) are operated by Apple Vacations, LLC. dl71516 -pconly
Apple Vacations reserves the right to substitute alternate air carriers if necessary. All air travel is subject to the terms and conditions of the operating air carrier.
Apple Vacations, as the Charter Operator, is the principal. Apple Vacations is not responsible, unless negligent, for the personal injury or property damage caused by any direct air carrier, hotel or other supplier of services in connection with the charter.
2. CANCELLATION OR MAJOR CHANGE BY APPLE VACATIONS
If Apple Vacations makes a "major change" or cancels the tour or travel package 10 days or more before the departure date, we will notify you or your travel agent in writing within 7 days of becoming aware of the change or need to cancel. Apple Vacations may not cancel a charter less than 10 days before the scheduled departure date, except for circumstances that make it physically impossible to preform the charter trip. Under these circumstances, we will notify you as soon as possible. Our only liability will be to return all monies paid or provide a refund in the form of an Apple Vacations credit. For International Flights only: Additional restrictions may be imposed on the flights by the foreign governments involved, and if landing rights are denied by a foreign government, the flight will be cancelled and you with receive a full refund. In accordance with federal regulations, a "major change" constitutes any of the following: a change in the departure or return date which Apple Vacations knows of more than 2 days before the scheduled flight date, unless the change results from a flight delay; any charter flight delay of more than 48 hours; a change in the origin or destination city for any flight leg, unless the change only affects the order in which cities in a tour package are visited; a substitution of any hotel; or a price increase occurring 10 or more days prior to departure and resulting in an aggregate price increase of more than 10%.
3. YOUR RIGHT TO CANCEL IN THE EVENT OF A MAJOR CHANGE
If Apple Vacations makes a "major change" before the departure date, you have the option to cancel and receive a full refund by providing Apple Vacations with written notice of cancellation within 7 days of receiving our notice of the "major change". If Apple Vacations makes a "major change" after the departure date, you have the option to reject the substituted hotel, changed date, origin, or destination of a flight leg and receive a refund of that portion of the tour package not provided; in this case you will receive a refund within 14 days of the return date for the tour package.
4. SECURITY AND DEPOSITS
Apple Vacations has surety trust agreements with Penn Liberty Bank, 724 W. Lancaster Ave., Wayne, PA 19087 for payment of any charter air package refunds as defined by the agreements. Under these agreements, unless you file a claim with Apple Vacations (or with the bank) within 60 days after termination of your vacation, both parties shall be deemed released from all liability to you. Termination means the date of arrival (or in case of a cancelled charter, the intended date or arrival) of the return flight. Make all checks payable to Shelby Financial Corporation fbo Apple Vacations.
These public charter flights are operated by:
APPLE VACATIONS, LLC
7 Campus Blvd., Newtown Square, PA 19073
as principal and tour operators.
© Copyright, 2016 Apple Vacations CST#2091950-40
If you booked a charter flight, you have the right to receive a full refund if you paid by credit card until you agree to the terms and conditions of this Fair Trade Contract. You may also have other rights and remedies under applicable law.