Apple Vacations and its affiliates have the exclusive rights to use the APPLE VACATIONS service mark and other Apple Vacations marks and logos. Under the trademark laws, the Apple Vacations companies must prevent the use of their names and marks in ways that could give customers and potential customers the mistaken impression that an Apple Vacations company owns or is affiliated with an agency using its marks. Apple Vacations (and trademark law) allow the "fair use" of Apple Vacations marks and logos by agencies, in a truthful, informational way in accordance with the rules provided here. Please adhere to the following specific rules when using Apple Vacations names and marks in promotions on Internet web sites and in print advertisements.
All uses of the APPLE VACATIONS name or any Apple Vacations mark must relate solely to Apple Vacations travel packages and not to the agencies selling them. Agencies that sell Apple Vacations packages may not refer to themselves in any context as "Apple Vacations travel agents" or to their businesses as "official Apple Vacations travel agencies."
Travel agencies may only use signage, window displays, or point of purchase items employing the Apple Vacations name or any Apple Vacations mark (a) as provided by Apple Vacations, or (b) as approved in writing by Apple Vacations.
No one may copy any content appearing in any Apple Vacations website, brochure, or advertising without express written permission from Apple Vacations.
Apple Vacations marks should be used with the ® symbol, and the use should be accompanied by a legend appearing at the bottom of the page where used that the mark is registered; for example, APPLE VACATIONS is a registered trademark.
No one may use the name Apple Vacations or any Apple Vacations mark (or anything confusingly similar) as part of an Internet domain name.
No agency may display the APPLE VACATIONS mark by itself on a web site without prior written approval.
Travel agencies may use an Apple Vacations mark in a website in the following ways: a. An Apple Vacations mark may be used as part of a statement such as "We sell Apple Vacations travel packages," so long as all of the words in the sentence are of a similar size. b. An Apple Vacations mark may be used in conjunction with links, schedules, product descriptions, or order forms, expressly referring to the sale of Apple Vacations travel products by the agency. c. In any case where the Apple Vacations name or mark is used, the name of the travel agency must appear on the same screen, above the Apple Vacations name or mark, and in a size at least 125% of the size of the Apple Vacations name or mark used.
No Apple Vacations marks may appear in Yellow Pages advertising.
As discussed above, truthful, informational statements are permitted in promotional materials and advertisements, such as, "We sell Apple Vacations travel packages." In any case where the Apple Vacations name or mark is used, the name of the travel agency must appear in close proximity, above the Apple Vacations name or mark, and in a size at least 125% of the size of the Apple Vacations name or mark used.
Marks must not be used as an agency identifier; i.e., an Apple Vacations mark may not appear by itself or at the top of a page in an advertisement.
Total "AV-OK" Vacation Security
1) Apple Vacations' Pre-Departure Cancellation/Change Waiver (Not applicable on non-refundable or non-transferable hotel promotions or policies.) This non-refundable plan allows you to cancel or change your vacation up until the flight check-in is closed (approximately 1 hour prior to scheduled departure time), except for "no shows" and "no show" related cancels. For last minute cancels, call 1-866-860-AVOK no later than one hour prior to your scheduled departure. ("No-shows" include passengers who arrive at the airport or at the gate too late to travel, or who fail to have the required proof of citizenship.)
Charter/Land Only Vacations: When a cancellation is made during a penalty period your charter/land only cancellation penalty will be refunded in Apple Vacations' travel certificates (redeemable through the original booking agency), with the balance of the refund made in the original form of payment. The entire refund will be in original form of payment if you purchased the "cash back" option at the time of booking for an additional $30 per person. Apple Vacations travel certificates may be used like cash when purchasing an Apple Vacation, are valid for one year, are non-refundable and non-transferable (issued only in the name of the passenger who cancelled) and may not be redeemed for cash. Apple Vacations' amendment fees are waived under this coverage. Free Child Pricing: The first child (ages 2-12) receives the AV-OK Plan Coverage for free when traveling with two covered adults on charter air. If there are two or more qualifying children on a charter air booking, the savings is prorated between all the qualifying children. Additional adults on the booking do not generate more free children. Please Note: Free child pricing is not available for holiday departures.
Scheduled Air Package Vacations: Scheduled airfares including non-refundable airfares and airline penalties are now covered, with all refunds made in the original form of payment. The AV-OK Plan payment will be deducted from any refund.
Changes: AV-OK coverage is non-transferable and must be repurchased/reactivated if you want to have coverage on certain amended bookings. A reactivation fee of $25 for charter/land only bookings and $45 for scheduled air bookings applies for all departure date, gateway, duration, destination and sked fare-class changes. Charter fare-class changes also are subject to the $25 reactivation fee unless "AV-OK Plus" is purchased. Changes from charter to scheduled air or between scheduled air carriers, as well as name changes, require cancellation and full repurchase of AV-OK. If the number of individuals occupying a room changes, remaining travelers will be responsible for additional costs incurred as a result of a change in the per person occupancy rate.
2) Apple's Tour Guard Travel Insurance Plan - Post-Departure Trip Interruption, Travel Delay, Baggage and more! Interrupt your Apple Vacation due to a covered reason (including up to $100 per day to a maximum of $500 for a delayed arrival on your Trip due to cancellation of arrangements by an airline as a result of bad weather, mechanical breakdown and organized labor strikes) and your travel investment will be reimbursed.This high-quality travel insurance plan offered by Trip Mate will protect your vacation investment, your belongings, and most importantly, you. This plan also covers you even if you must interrupt your trip due to a pre-existing medical condition and you are not disabled from travel at the time of your Plan payment. You will receive a "Certificate of Coverage" with your travel documents, which provides complete details of the Plan, including conditions, exclusions and limitations (these brochures are also available at any time from your Travel Agent). Plan payments are non-refundable and non-transferable.
Note: Apple's Best Price Guarantee and Pre-Departure Cancellation/Change Waiver does not apply to Group Department bookings of 20 or more people, ski packages, and travel to Bonaire, Grenada, Guadeloupe, British Virgin Islands, St. Vincent, Grenadines, Tobago, Belize and St. Barths. The Tour Guard Travel Insurance Plan is available and includes a Pre-Departure Cancellation benefit as described below.
NEW "AV-OK Plus" option with enhanced Best Price Guarantee including protection from fuel surcharge increases!
Tour Guard Travel Insurance Plan Post-Departure Trip Interruption - If you must interrupt your Trip after departure due to a covered Injury, Sickness, or death - your own or that of a Traveling Companion or a member of the Immediate Family, or for Other Covered Events, as defined, you will be reimbursed for the unused, non-refundable land or water arrangements, and the additional transport charges paid to return home or to rejoin your Trip (limited to economy one-way airfare, or first class only, if your original tickets were in first class). Coverage is limited to the value of your original vacation package price. Travel Delay-$500 Provides up to $100 per day (maximum $500) for reasonable accommodation and traveling expenses until travel is possible if you are delayed for 12 hours or more due to a covered reason such as common carrier delay; Injury, Sickness or death of you or your Traveling Companion; quarantine; loss of passport, travel documents or money; or natural disaster. Medical Expense/Emergency Assistance - Provides reimbursement up to $25,000 for reasonable and customary medical expenses incurred within 365 days of a covered Injury or Sickness which occurs while on your Trip; emergency dental treatment received during your Trip; up to $50,000 for the cost of emergency transport to home or an appropriate Hospital, including escort expense (both, if deemed necessary by the attending Physician) for a covered Injury or Sickness which occurs while on your Trip; or the cost of homeward carriage if deceased. Accidental Death & Dismemberment-$10,000 These benefits are paid if loss occurs within 365 days of a covered Injury which occurs while on your Apple Vacation. Baggage and Personal Effects-$1,000 Coverage for direct physical loss or damage to your Baggage, passports, or visas while on your Trip. A $500 maximum limit applies to jewelry, gems, watches, cameras and camera equipment, computer, and furs - a $250 per article limit applies to all other items. If, while on your Trip, your Baggage is delayed for 24 hours or more, the plan will pay up to $100 for the purchase of necessary additional clothing and personal articles.
Pre-Departure Cancellation - This benefit only applies to groups of 20 OR MORE PEOPLE, SKI PACKAGES, Belize and select Caribbean Islands not covered under Apple Vacations' pre-departure cancellation waiver. If you have to cancel or interrupt your Trip due to a covered Injury, Sickness, or death - your own or that of a Traveling Companion or a member of the Immediate Family - you will be reimbursed up to the Apple Vacations Trip Cost for: cancellation charges imposed on travel arrangements provided by Apple Vacations if you cancel before departure.
Access Your Medical Records Online - With our exclusive Global Xpi Service, you can assure that your most important medical records are available to you or any Physician chosen by you, anytime, anywhere in the world, quickly, wherever internet access is available. Register at your convenience at www.globalxpi.com or call toll-free 1-800-379-9887. It's free during your insured Trip! Program Code: 430
Claim Procedures - To make a change to your existing booking, to "claim the savings" per Apple's Best Price Guarantee or to cancel your vacation prior to departure, contact your travel agent who will notify Apple Vacations. For all post-departure travel insurance claims (and for pre-departure cancellation claims for groups of 20 or more people, ski packages, Europe, Belize and select Caribbean islands not covered under Apple Vacations' Pre-Departure Cancellation Waiver) contact Trip Mate, Inc. (In CA dba Trip Mate, Inc. Insurance Agency) at 1-866-389-5378 or report your claim on-line at tripmate.com. The Tour Guard Travel Insurance Plan is underwritten by Stonebridge Casualty Insurance Company, Columbus, OH. 46403
*Effective on new bookings made July 21st, 2008 and after.
Revised 07/25/08lh
1. Bookings and Payments All that is required to reserve your vacation is a signed booking form and a deposit of $125 per person, plus the AV-OK plan payment (if applicable). 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). Full payment is required at time of booking for bookings made directly on our website, applevacations.com. Bookings for travel Dec. 22 through Dec. 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 on time. For vacation packages utilizing published airline tickets, a deposit of $125 per person PLUS full payment of the air portion of the package is required at the time of guarantee (credit cards only). For vacation packages using contracted scheduled air, a minimum deposit of $175 per person is required at the time of booking. Europe vacation packages have special terms and conditions which are described in the Europe brochure. Please refer to that brochure if you are purchasing a Europe vacation package. Apple Vacations reserves the right to issue charter or scheduled airline tickets once the booking is under applicable deposit. Late bookings often require us to incur additional costs for faxing, updating and confirming your hotel accommodations. Therefore, we will charge a late booking fee of $10 per person, in addition to the normal price on all vacations booked 14 days or less prior to departure.
2. Amendments And Cancellations If you cancel your vacation or change your departure date, duration, class of service, name or hotel, 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.
3. Air Carriers Apple Vacations has made arrangements for international air transportation to your vacation destination via certified charter or scheduled air carriers duly filed under D.O.T. regulations. Apple Vacations reserves the right to substitute alternate aircraft if necessary. Any air transportation provided by a certified charter air carrier may not be cancelled less than 10 days prior to the scheduled departure date unless it is physically impossible to operate the flight. Passengers returning from any international destination must have valid proof of citizenship. Apple Vacations is not responsible for any passenger who is unable to travel as a result of their failure to have valid proof of citizenship. THE FOLLOWING APPLIES FOR TRAVEL TO EUROPE ONLY: A valid U.S. passport is required for all tour participants and must be valid six months after date of return. Non-U.S. citizens must consult with the appropriate consulate to determine if any visas are needed.
4. Airline Responsibility Apple Vacations and all the airlines it uses issue tickets, coupons or electronic documents covering transportation, hotel accommodations and other services and facilities. Neither Apple Vacations nor these airlines, or their respective subagents, shall be held liable for loss or damage to property or injury of person caused by reason of any defect, negligence, or other wrongful act or omission by any other hotel agency, transportation company or party providing such services or facilities, strike, war, terrorism, weather, quarantine, sickness, government restrictions or regulations, or any other cause beyond its reasonable control. All airlines concerned are not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package, except as provided in the conditions of carriage for the airlines and the passenger tickets issued in conjunction with this package. Neither Apple Vacations nor the airlines are responsible under any circumstances for any bodily or emotional injury you may suffer in connection with your transportation, accommodations or any other arrangements in conjunction with this package.
5. Luggage and Personal Property 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. 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 $2800 per ticketed passenger domestically and $9.07 per pound up to 44lbs 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.
6. Forum Selection Clause All vacations are subject to the terms and conditions shown on the Apple Vacations Fair Trade Contract and your booking of the vacation is acceptance of the terms in this contract. The Forum for resolution of disputes with this contract or with Apple Vacations is and shall be the States of Illinois and Pennsylvania and any action against Apple Vacations must be brought only those states and in accordance with those states' laws, rules and procedures.
What We Provide In Return 1. Price Guarantee Our intention is to provide you with the vacation which you have selected, at the price in effect at time of booking. If for any reason we have to increase the price of your vacation, including an error made in computing your price,we will offer you the option of cancellation without charge, provided that you advise us within seven days of your receipt of notice of the increase. This does not apply to price increases resulting from a change in U.S. or foreign government taxes or fuel surcharges.If a scheduled airline initiates a schedule change which results in a fare increase, the passenger is responsible for the additional cost.
2. Flight Information Your travel agent will be able to confirm the latest flight details at the time you make your reservation, and these will also appear on the booking confirmation we issue when we receive your deposit.Your flight tickets, which we dispatch two to five weeks prior to departure (except for late bookings), or your electronic documents will contain your flight information. All times are subject to change. It is your responsibility to reconfirm your flight times prior to departing for the airport. Apple Vacations assumes no responsibility for any passengers making independent connections to our flights.
3. Amendments & Cancellation Special features offered by hotels are subject to change at the hotel's discretion. In the unlikely event that a major change involving a pre-departure change of hotel, departure or return date, departure city or destination becomes necessary, we will notify you as soon as possible. If you find the revised arrangements we offer unacceptable, you will have the option of cancellation without charge (less any insurance premium) provided that you notify us within seven days of your receipt of notice of the change (or prior to departure date if notified less than seven days prior). In the event of a change, we will try to substitute comparable services, but in the event of complete cancellation by us or a supplier, our only liability will be to refund all monies paid (public charters only) or provide a refund in the form of an Apple Vacations credit. For charter flights only, if landing rights are denied by a foreign government, the flight will be cancelled with a full refund. If you have purchased a optional tour through us, please note that the supplier's cancellation provisions only allow a refund if cancelled before noon the day prior to the excursion. See the excursion company to arrange a refund.
4. Refunds Any refunds due to you will be made as soon as possible. Please note, however, that no refunds will be made for any services provided in the itinerary that you do not use. Passengers who do not travel (charter, land only or scheduled air) are subject to 100% cancellation penalties. Insurance premiums are non-refundable and nontransferable. Refunds (if applicable) for scheduled air programs will only be issued upon the return of the unused ticket. If you booked your Apple Vacation through a travel agent, all communications prior to your departure, including payment and refund transactions, must be via your travel agent. If for any reason you should lose your scheduled airline ticket, you will have to purchase a new ticket at your own expense and upon your return home, 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. In most cases the replacement ticket you have to purchase will be more expensive. 5. Our Responsibility to You Apple Vacations has made arrangements with airlines, hotels and other independent suppliers to provide you with the services you purchase.We have taken all reasonable steps to ensure that proper arrangements have been made for your vacation. However, we do not accept and expressly disclaim any liability for the actions or omissions of these independent suppliers, over whom we have no direct control. If you find you have any dispute with such persons, however, we will give you as much reasonable help as we can in resolving this. Please understand that we cannot control and will not 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 or your failure to follow travel instructions. Apple Vacations is not responsible for losses or damages arising from bodily or emotional injury, property or other economic damage caused by factors beyond our control. Apple Vacations is not responsible for bodily, emotional or consequential damages or monetary losses due to flight delays, airline turbulence, transportation accidents or other unforeseen circumstances. All prices and features described herein (as well as in Apple's print advertisements and website) are subject to change without notice. Some hotel room photographs do not depict the standard room category. 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. 6. Security Apple Vacations has surety trust agreements with Susquehanna Patriot Bank, 101 Bryn Mawr Avenue, Bryn Mawr, PA 19010 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. Make all checks payable to Susquehanna Patriot Bank Apple Vacations Escrow.
8. "AV-OK" Total Vacation Security Plan Protect your travel investment with the purchase of our optional AV-OK Total Vacation Security Plan. For complete details, refer to the Plan Description. These vacations are operated by: APPLE VACATIONS - 7 Campus Blvd., Newtown Square, PA 19073 - 101 Northwest Pt. Blvd., Elk Grove Village, IL 60007 or AMCALVacations, Inc. - 115 E. Gish Road, Suite 201, San Jose, CA 95112, or AVB, LLC - 300 First Ave., 3rd Flr, Needham, MA 02494-2721 as principal and tour operators. ©Copyright, 2008 Apple Vacations CST#2036061-40 Feb 2008 revised 022808lh
