Fair Trade Contract

Terms and Conditions

By booking with ALG Vacations Corp. and/or using the Apple Vacations on-line booking site, you agree to the terms and conditions of this Fair Trade Contract. For other important travel information please visit applevacations.com/help/faq which is part of this Contract. Any payment constitutes acceptance of the terms in this contract. Group vacations and Ski/Mountain Vacations have special terms and conditions. For groups, refer to your group contract. Cuba escorted tours sold through Apple Vacations are provided by Cuba Travel Services, a third party independent supplier and the tour principal and tour organizer. Apple Vacations is acting as an agent for the tour principal tour organizer and provider, Cuba Travel Services, and not as a tour operator itself.

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.

View Deposit Requirements here

We reserve the right to treat the booking as canceled by you if the balance due is not paid when due.

Apple Vacations’ prices include taxes and service fees applicable to the airfare, hotel accommodations, 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 providers. 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 online, 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 providers. Certain excursion operators only allow a refund if canceled 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. Please note that Basic Economy fares have distinct restrictions that differ from other fares so please visit the airline’s website or contact your travel agent for the specific restrictions. Changes to, or cancellation of, a Basic Economy flight will result in forfeiture of tickets. 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.

Exclusive Nonstop Vacation Flight Packages:

CANCELLATION / CHANGE FEES (New travel date or New destination)
45+ Days from Departure:  $50 per person + hotel penalties
31 - 44 Days from Departure:  $125 per person + hotel penalties
0 - 30 Days from Departure:   100% non-refundable

OTHER CHANGES:
Complete name change:  $25 per person + hotel penalties
Change to lower-priced hotel option:  $50 per booking + air/hotel penalties
Change in fare type or flight times:  $50 per booking + air penalties
Change in package components/minor name correction: $0 + air/hotel penalties
Adding passenger, change to higher-priced hotel: $0 + air/hotel penalties

Hotel-Only OR Scheduled Air Packages (Bulk/Published)

CANCELLATION FEES:
2+ Days from Departure:  $50 per person + air/hotel penalties
1 Day from Departure:  100% non-refundable

Scheduled air packages (Bulk/Published)

CHANGE FEES:
New travel date, new destination, complete name change:  $50 per booking + air/hotel penalties
Note: some airlines & hotels do not allow name changes

You must notify us immediately of any changes or cancellations. 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. *Non-refundable hotels incur penalties upon deposit.

4. AV-OK TOTAL SECURITY PLAN

Apple Vacations offers the AV-OK Total Vacation Security Plan, which includes a Pre-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 credits 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 www.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

ALG Vacations Corp. 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. ALG Vacations Corp. 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. When you fly to and from your destination the Conditions of Carriage apply, some of which limit or exclude liability. The Conditions of Carriage are available by requesting them in writing from the carrier or by request at the airport.

7. LUGGAGE AND PERSONAL PROPERTY

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 can be obtained through your travel agent, by contacting the air carrier directly, or by requesting them at the airport. For air carrier baggage policies, visit applevacations.com/baggage. All lost or damaged luggage must be reported to an airline representative at the destination airport by the passenger before you leave the airport. Some airlines do not cover damage to soft-sided luggage. 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. Advice to international passengers on limitation of liability - Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier's own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs and may limit the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under an international treaty. For further information please consult your airline or insurance company representative. For such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Convention(s) provide (1) that the liability of carriers for death of or personal injury to passengers of up to 113,100 Special Drawing Rights (equal to approximately $175,000) per passenger shall not depend on negligence on the part of the carrier, and (2) such liability shall be limited to 113,100 Special Drawing Rights (equal to approximately $175,000) per passenger in the absence of negligence or other wrongful act or omission on the part of the carrier. Additional information on Special Drawing Rights is available at www.imf.org. For international travel (including domestic portions of international journeys) to, from, or with an agreed stopping place in the United States of America, liability for loss, delay, or damage to baggage is limited to 1,131 Special Drawing Rights (equal to approximately $1,750) per passenger for all baggage, including carry-on. Excess valuation may be declared on certain types of articles. Further information may be obtained from the carrier.

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 AND INSECTICIDE NOTICE

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in 5 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 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.

Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Visit https://www.transportation.gov/airconsumer/spray for more information.

10. Apple Vacations 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. 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, weather, government actions, terrorism, mechanical breakdown, your physical, medical or mental disabilities, failure related to the public internet, telephone or other communication lines, disease, your failure to obtain valid travel documents or to follow travel instructions for denied entry at destination or re-entry into U.S. 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 misconnected 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. Certain exclusions may not apply in some jurisdictions. If you find you have a claim or dispute with any of the travel or excursion providers, we will provide you with as much assistance as reasonably possible to assist you in resolving the dispute. In the event your hotel is supplied by Travelscape LLC, the terms and conditions at http://developer.ean.com/terms/en/ apply.

11. GOVERNING LAW AND DISPUTE RESOLUTION

This Fair Trade Contract shall be governed by the laws of the Commonwealth of Pennsylvania. Should a dispute or controversy arise concerning the terms and conditions of this Fair Trade Contract or involving a claim for loss, injury or other damage arising out of or relating to your trip, any legal action against Apple Vacations shall be brought exclusively in the Pennsylvania Court of Common Pleas of Delaware County.

If any term or provision of this Fair Trade Contract is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such holding will not affect the validity or enforceability of the remaining terms and provisions.

12. 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).

13. 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 https://www.applevacations.com/help/faq) 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.

14. 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.

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).

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 SCHEDULED AIRLINE TICKETS & REFUNDS

Refunds (if applicable) for scheduled air programs will only be issued upon the return of the unused ticket. If you should lose your scheduled airline ticket, you will have to purchase a new ticket at your own expense and upon your return home, contact your travel agent or Apple Vacations 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 less any airline processing fees. In most cases, the replacement ticket will be more expensive.

SPECIAL TERMS AND CONDITIONS SPECIFIC TO PUBLIC CHARTERS

These special terms and conditions apply to those travel packages where ALG Vacations Corp. arranges for charter air transportation provided by one or more air carriers. These public charter flights are operated by ALG Vacations Corp.: Allegiant Air: PC 18-231, A319-156 seats or A320-186 seats /PC 18-234, A319-156 seats or A320-186 seats; Miami Air: PC 19-085, B737-800, 180 seats/PC 19-091, B737-800-183 seats; Swift Air: PC 19-092, B737-400-150 seats; Viva Aerobus: PC 18-228, A320-180 seats/ PC 19-079, A320-180-185 seats/PC 19-094, A320-185 seats. ALG Vacations Corp. 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. This information is current as of date of printing (8/19). For a current listing of our public charter filings, see www.appleleisuregroup.com/pcfilings. ALG Vacations Corp., as the Charter Operator, is the principal. ALG Vacations Corp. 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.

1. CANCELLATION OR MAJOR CHANGE BY ALG Vacations Corp.

If ALG Vacations Corp. 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. ALG Vacations Corp. may not cancel a charter less than 10 days before the scheduled departure date, except for circumstances that make it physically impossible to perform 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 ALG Vacations Corp. 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%.

2. YOUR RIGHT TO CANCEL IN THE EVENT OF A MAJOR CHANGE

If ALG Vacations Corp. makes a “major change” before the departure date, you have the option to cancel and receive a full refund by providing us with written notice of cancellation within 7 days of receiving our notice of the “major change”. If we make 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.

3. SECURITY AND DEPOSITS

ALG Vacations Corp. has surety trust agreements with WSFS 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 ALG Vacations Corp. (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 ALG Vacations Corp.

These public charter flights are operated by ALG Vacations Corp., 7 Campus Blvd., Newtown Square, PA 19073 as principal and tour operator.

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.

In accordance with Department of Transportation (D.O.T.) regulations, this booking form must be signed and sent with payment at time of booking for passengers traveling on charter air (Exclusive Nonstop Vacation Flight Packages). Click here for the Charter Operator - Participant Agreement.

091919d