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| Terms & Conditions | | | | This contract includes very important information to the passenger ("Participant") from VACATION ACQUISITION, LLC d/b/a "Vacation Express" and "Exotic Escapes" the ("Operator"). Payment by the participant for a package shall represent consent and acknowledgment of all provisions in the condition list as published in this contract and brochure. All checks and money orders must be made payable to our depository bank, "National City Bank of the Midwest" or to your travel agent, who in turn must make their check payable to the depository account at the bank. The charter price, as indicated on your air itinerary, includes a charter flight as well as all applicable airfare taxes, except for the destination departure tax. Other tour services and accommodations are included in your charter price only if they are indicated on your itinerary. | | | | Reservations/Deposits: A deposit in the amount of $100 per person is due to the Operator within 2 days of making your tentative reservation. Bookings made electronically on the website require full payment at time of booking. Reservations made within 15 days prior to departure are subject to a $15 per person "paper document" fee. This fee will be waived for passengers accepting faxed or emailed documents. Please forward payments to: Vacation Express, 3495 Piedmont Rd, Building 11, Suite 400; Atlanta, GA 30305 USA. Final payment is due 45 days prior to departure. Reservations made less than 45 days prior to departure require full payment at time of booking. Bookings made that do not meet the Deposits and Final Payment requirements listed in this contract will be cancelled without refund.
| | | | Groups: If you are traveling as part of a group of 10 or more adults, different deposit, payment and cancellation policies may apply. See your group contract for details.
| | | Charter & Land Package Cancellations or Changes: There is a $50 per person fee for any changes, including name substitutions, made once initial payment has been received by the Operator. Within 45 days of departure, a change in departure date, hotel or number of passengers will be treated as a cancellation, and cancellation charges will apply. Name changes are subject to hotel and airline acceptance and penalties. Charter cancellation - 45 days or more prior to departure-pay $100 penalty per person. Cancel 31-44 days prior to departure-pay penalty equal to 50% of package price. Cancel 30 days or less prior to departure-pay penalty equal to 100% of package price. If final payment is not received 45 days prior to departure, the Operator has the right to cancel your reservation and retain applicable penalties. Scheduled air tickets are non-refundable.
Scheduled Air Cancellations & ChangesOnce scheduled air tickets are issued, no changes are allowed. Scheduled air tickets are non-refundable. Regular cancellation penalties will apply to the land portion of scheduled air bookings. For Bulk and Block air tickets, an airline change fee will apply. Please note, the issuance of airline tickets does not necessarily coincide with final payment. | | | | Penalty Protection Plan (PPP): If the Vacation Express Penalty Protection Plan was purchased, all applicable cancellation charges (not change fees) as per this Terms and Conditions contract will be refunded in the form of Vacation Express travel certificates (PPP Voucher) as follows:(1) Charter air packages and Land Only packages will receive the cost of the package, less PPP fee on a PPP voucher valid for one year from original departure date. (2) Bulk & Block air packages (once issued) will receive the cost of the package, less PPP and the airline cancellation fee (usually $150-$200) on a PPP voucher valid for one year from original date of departure. (3) Scheduled air packages will receive a PPP voucher for the cost of the land portion less the PPP. Clients will receive the airline ticket numbers (or paper tickets) and be advised of the ticket cost. Scheduled air tickets must be used by one year from original purchase date. Any increases in the air or hotel price of rebooked vacations are the responsibility of the traveler. Clients can use the cost of the airline ticket, less the airline change fee (usually $150-$200 per ticket) to purchase a new ticket to: (a) the same Vacation Express destination on same carrier, (b) a different Vacation Express destination on same carrier, or (c) Any destination that the issuing carrier flies. If clients take option "c" they must contact the issuing airline direct for reservations. Travel certificates are issued in the original names of the passengers on the booking at the time of cancellation. The certificates are non-transferable and name changes will not be accepted. PPP can be repurchased when rebooking clients¹ vacation with the original PPP voucher. Please note that the newly purchased PPP will only offer full protection for cancellation until the original date of departure. Under no circumstances does the PPP Plan allow for a full or partial cash refund, nor is it extendible. Please note that the PPP provides limited benefit health insurance only. It does NOT provide basic hospital, basic medical, or major medical insurance as defined by the New York State Insurance Department. This insurance is underwritten by Combined Specialty Insurance Company and is provided in excess of all other valid and collectible insurance or indemnity, and shall apply only after such other benefits have been paid. Cash settlements are available on the PPP plan only after departure through insurance claim procedures as specified in the ³Description of Coverage² pamphlet. The PPP plan is non-refundable. Refer to the Pricing Introduction page 50 of the Vacation Express brochure for more information. The penalty waiver does not apply to ³no-show² or denied boarding situations nor does it cover revision fees or name changes.
| | Travel Requirements & Documentation |
Passengers traveling outside the United States are required to carry proof of citizenship. All U.S. citizens (including infants) must have: (1) A valid U.S. passport with more than 6 months remaining before expiration (2) Minors 17 and under traveling alone or with a single parent may be required to have additional documentation on international flights. It is the responsibility of the participant to secure the current requirements for their particular itinerary and carrier. At time of printing, Dominican Republic law requires that children under 18 on the day of departure traveling with an adult or guardian other than their parent, present a written, notarized authorization letter from the parent(s) giving consent for the minor to leave the country. Notarized affidavits of citizenship are not acceptable for most carriers and may not be used. In accordance with stricter security measures, it is required that all married female passengers whose last name differs from their identification credentials must also provide a copy of their Marriage License Certificate upon check-in for all international flights. Non-U.S. citizens, to include permanent resident card (U.S. Green Card) holders, must check with the consulate of their intended destination, U.S. authorities and the air carrier(s) to obtain information on required documentation for entry to the destination and re-entry to the U.S. All documents must be current and non-expired. The above information regarding documentation is subject to change. It is the participant's responsibility to obtain current requirements needed for your carrier and destination. Passengers denied boarding, entry or re-entry due to lack of proper documentation will not be entitled to a refund. These guidelines are for most destinations in the Caribbean and Mexico.
A valid passport is NOW REQUIRED for all ages for all travel to/from the Caribbean and Mexico
| | | | Baggage: Baggage allowance is 44 pounds (two bags maximum, plus one carry-on not to exceed 45 inches in combined overall dimensions) per paying passenger for all trips. Limitations on checked baggage (not to exceed 44 pounds) may apply during peak travel seasons. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and at additional charges by the carrier. For international flights the air carrier's liability is limited to the actual value of the baggage, but not more than approximately $9.07 per pound in the case of checked baggage and approximately $400 per passenger for unchecked baggage. The air carrier¹s liability excludes cloth, canvas, vinyl, and soft-sided, or fragile baggage, jewelry, cameras, and photographic equipment, electronic equipment, cash, medicine, sporting equipment, and other valuable or fragile items. All claims are subject to proof of amount of loss, and, to preserve the passenger¹s rights, should be presented directly to the carrying airline in writing immediately upon discovery of the claim and prior to leaving the airport terminal. No baggage claim will be accepted after baggage has been removed from the terminal building at the airport. Golf Clubs or sporting equipment can be classified towards clients "free" baggage allowance. Oversized/non-standard checked baggage (i.e. surfboards, etc.) will be carried based on space availability on the aircraft. Additional charges will only apply once the free baggage allowance has been exceeded by each passenger. (i.e. 2 checked pieces, not to exceed 44 lbs). Additional baggage charge is $50 per bag; excess weight charges are $25 each (51 to 70 pounds) and $80 each (71 to 100 pounds). The Operator accepts no liability for any claims related to baggage. | | | | Special Need Passengers: Hotels outside the U.S. do not comply with A.D.A. guidelines. Operator has no control over the extent of wheelchair and supplemental oxygen accessibility features. Wheelchairs and wheelchair accessible rooms cannot be guaranteed. Operator cannot guarantee the availability of wheelchairs or supplemental oxygen at any airport, hotel, destination or port.
| | | | Departure Tax: Must be paid upon departure from your destination and generally ranges from $15-$35 per person unless pre-collected by the Operator. Tax amounts vary by destination and are subject to change.
| | | | Responsibility: The Operator¹s and/or their agent¹s liability is limited. They act as agents for the Participant in relation to travel and accommodations whether by motorcoach, private car, boat, aircraft, or any other mode of transportation. The Operator, and its parent, subsidiaries, and affiliates will not be responsible or liable for injury, personal injury, property damage, property and other losses, accident, delay or irregularity which may be caused either by reason or defect, through the acts or default of any company or person contracted in conveying passengers or in carrying out the arrangements of the tour, or as direct or indirect acts of God (such as storms, hurricanes, earthquakes), dangers of the sea, fire, breakdown of machinery or equipment, acts of governments or other authorities de jour or de facto, wars, hostilities, civil disturbances, strike(s), riots, theft, pilferage, epidemics, quarantines, medical or custom regulations, or from any other cause beyond the Operator¹s control. The Operator recommends contacting the Center for Disease Control or health provider for specific vaccinations, information for travelers with special needs and timely updates for other health news. The Operator reserves the right to decline to accept any participant as a member of the tour, or to cancel a tour if necessary. The sole and exclusive responsibility and liability of any airline used in the Operator¹s programs shall be in accordance with and as limited by the contract of a carriage in the participant¹s ticket, the applicable tariffs, and the provisions of the Warsaw Convention. Please note, hotels may require security deposits (in some cases cash) at their discretion.
| | | | Independent Contractors: All tour services, transportation, and accommodations (the ³services²) provided in this vacation are furnished by independent contractors over which we exercise no control. The Operator makes no guarantees or warranties, express or implied, regarding any such services. This includes, but is not limited to transfers, flights, cruises, tours, services and accommodations purchased or provided, as well as other features listed or not listed in this contract. The Operator reserves the right to substitute any hotel for any reason. The Operator assumes no liability for hotel overbookings resulting in inconvenience and/or substitute accommodations being provided, whether of a similar or lesser quality and location. These package inclusions/rates are based on inclusions/prices at print time and are subject to change without notice. The Operator will not be responsible or liable if any of the services, features, or facilities described in this brochure cease to be available or fail for any reason.
| | | | Flight/Aircraft: For scheduled air participants, scheduled carriers will be used. For public charter participants, flights will be performed using Pace Airlines 737 or 757, Frontier Airlines A319, Xtra Airways 737, PanAm Airlines 737 or AeroMexico 737 aircraft. The air carrier and the Operator reserve the right to substitute other aircraft/airlines if necessary, including scheduled service. Single plane and non-stop service as well as flight times are not guaranteed. Meal and beverage service is at discretion of carrier and alcoholic beverages are generally not included. The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain the rights, the flight will be cancelled and a full refund will be made to you automatically.
| | | | Entire Agreement: In the event any paragraph of this agreement shall be declared invalid or void by any court, such declaration shall not invalidate the entire agreement and all other paragraphs of the agreement shall remain in full force and effect. The parties agree any claim or litigation arising out of or relating to this agreement, or the breach or validity thereof, shall be brought in Fulton County, Georgia, the location of Vacation Express' corporate offices, and the governing law shall be the laws of the State of Georgia.
NOTE: Participant agrees that in the event that any civil proceeding, arbitration, mediation or action of any kind, is commenced by the participant against the Operator or any of its agents, affiliates, officers, assignees or employees, the limit on any damages (which includes but is not limited to damages, interest, court costs, attorney fees, expenses of litigation, and punitive damages) shall be the amount the participant paid the Operator for the vacation/trip which is the subject matter of this Terms and Conditions Agreement. | | | | Security Agreement: All payments received by the Operator for this tour are protected in part by a Standby Letter of Credit issued by National City Bank of the Midwest (³Bank²). Claims must be filed directly with the Operator and Bank or if the Operator is unavailable with Bank, Attention Travel Division, National City Bank of the Midwest, Travel Division, 1001 South Worth, Birmingham, MI 48009 within 60 days after completion of the trip. Otherwise, the Bank and the Operator shall be released from all liability to you.
| | | | Major Changes and Additional Information: Any claims for refund must be sent to your travel agent in writing (with supporting documents) within 30 days of your return. If you booked directly with Vacation Express, any claims for refund must be sent in writing (with supporting documents) within 30 days of your return to Vacation Express, 301 Perimeter Center North, Suite 500, Atlanta, GA 30346. Unused tour documents and components (whether voluntary or caused by airline delay or cancellation) are non-refundable. No responsibility is accepted for expenses or lost vacation time incurred due to delay, aircraft reroute, change in schedule or any other causes except for ³Major Changes² as described herein. The Operator offers refunds under this contract with the express understanding that the receipt of that refund by a passenger waives any additional remedies. All requests for refunds must be sent in writing, certified mail, return receipt requested. Postmark date determines date of notification. If we make a major change prior to departure; you have the right to cancel and receive a full refund. The following are considered major changes: (1) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier (if, however, the delay is longer than 48 hours, it will be considered a major change); (2) a change in the origin or destination city as identified by your airport city code; and (3) a price increase of more than 10% occurring ten or more days prior to departure. If a major change must be made in the program, we will notify you within 7 days after learning of the change, but in any event at least ten days prior to scheduled departure. If less than ten days before scheduled departure we become aware that a major change must be made, we will notify you as soon as possible. Within 7 days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. If a major change occurs after the departure of the flight which you are unwilling to accept, we will refund, within 14 days after your scheduled return date and upon receipt of your written claim, that portion of your payment which applies to the services not accepted. If we must cancel the charter, we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible but not later than the scheduled departure date. If the charter is cancelled, and no portion of the trip is operated, we will make a full refund to you. The amount of taxes and charges specified herein is subject to change. The Operator reserves the right to pass on to the passengers any increases in the taxes and charges which become effective after the printing of this brochure. Every effort will be made to advise passengers of any increases in taxes prior to departure.
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