APPLE STUDENT TOURS PARTICIPANT AGREEMENT

SECTION I. Apple Tours & Travel, Inc.’s, and Apple Tours & Travel, Inc.’s affiliates, agents, employees, officers, directors or assigns (collectively “APPLE’) do not own or operate any entities which provide goods or services for tours, such as, air, land, rail, water or other transportation, hotel or other accommodations, food service, guide service, etc.
APPLE incurs substantial non-recoverable costs and expenses in planning and preparing for tour events. APPLE’s services include the submission of payments on behalf of participants for several non-refundable services with, but not limited to, airlines, hotels, transportation companies and other vendors. Non-refundable airfare, as one example, is contracted directly between the participant and the airline with APPLE making the arrangements and submitting payment on each participant’s behalf.
APPLE is not responsible for the individual policies of vendors or service providers to whom APPLE has submitted payments and APPLE will not be held liable for any financial loss to the group and/or participants for items that are paid for in advance and are not refundable.
Should vendors or service providers issue credit refunds rather than cash refunds, those credit refunds will be passed on to the participant in lieu of a cash payment or refund.
Additionally, APPLE is not responsible for any contractual damages, personal injury, or property damages caused by any vendor or service provider nor shall APPLE be considered in breach of its obligations under this agreement or be liable for any failure to perform its obligations under this agreement should any vendor or service providers’ services be restricted, modified, cancelled or interfered with or should a tour be cancelled, modified, or postponed by APPLE as a result of a cause or circumstances beyond APPLE’s reasonable control such as, but not limited to:
war (whether declared or not), armed conflict or the serious threat of the same, hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine and chemical or radioactive contamination; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction; act of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction or prolonged breakdown of accommodations, transport, telecommunications, or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, occupation of premises; shortage or inability to obtain critical supplies or services; breach of carrier or accommodation contracts or third parties’ failure to comply with laws or regulations or their acts or omissions which cause or contribute to cancellations, delays or overbooking associated with travel, restaurants, sightseeing events, accommodations, entertainers, or other travel services; tour participant negligence; any other reason that makes it actually or potentially impossible or illegal for APPLE to conduct the tour as originally planned or any other event or circumstance not within APPLE’s reasonable control, whether similar or dissimilar to any of the foregoing (each, a “Force Majeure Event’).
Within a reasonable time following the occurrence of a Force Majeure Event, APPLE shall notify the participants affected that a Force Majeure Event has occurred and its anticipated effect on APPLE’s ability to perform, including its expected duration. The circumstances causing the Force Majeure Event may not be fully realized for some time following its actual occurrence. As a result, APPLE may declare a Force Majeure Event at some time later than the occurrence of the Event itself, but the date of the Force Majeure Event will be the date of its original occurrence as determined by APPLE. APPLE shall furnish the affected participant with periodic reports regarding the progress of the Force Majeure Event and use reasonable diligence to minimize damages and to resume performance but shall have no liability with respect thereto.
Similarly, APPLE is not responsible for any claims, losses, direct or indirect damages, costs, or expenses including, without limitation, any inconvenience, injury, accident or death, arising out of or in connection with a Force Majeure Event. The participant assumes complete and full responsibility for, and hereby releases APPLE from, any duty of checking and verifying any and all safety and security conditions of the destination during the length of the proposed travel. APPLE strongly recommends that participants check with the Transportation Security Administration (www.tsa.gov), Department of Transportation (www.dot.gov), and the Federal Aviation Administration (www.faa.gov) for news and information regarding the areas of the participant’s intended travel. In Apple’s judgment, when conditions warrant, or if it deems it necessary for the comfort, convenience, or safety of the participants, Apple reserves the right to make changes in the published itinerary. APPLE also reserves the right to decline to accept any person as a participant on the tour. Upon APPLE’s determination that a participant threatens their own safety or the safety of others, the participant shall be removed from the tour and returned home at the participant’s expense. Participants agree to reimburse APPLE for all reasonable costs, if any, incurred with effecting the return of a removed participant.

SECTION II. To register for a tour, all participants are required to create an account with APPLE and register online through the APPLE website. By creating an account, you agree that APPLE may send you informational text (SMS) messages as part of the normal business operation of your use of APPLE’s services. Due to the substantial expense incurred by APPLE in planning and preparing for its highly customized tours, all participants must provide a completed and signed online registration form and provide to APPLE a $250 non-refundable Tour Admin Fee to secure a reservation. The Tour Admin Fee may be made by Check, money order, cashier’s check, MasterCard, Discover Card or Visa. Complete payment is due by the final payment date outlined in the registration information. APPLE reserves the right to charge a $50 late payment fee for accounts that are not paid in full by the final payment date. If space is not available when APPLE receives a participant’s reservation, APPLE will retain the payment and the participant’s name will be placed on a waiting list until space becomes available or until the participant requests a refund. If there are no cancellations or there is no room for a participant, APPLE shall provide a refund, minus the ONE-TIME non-cash payment fee (if applicable). If there is a cancellation, a participant on the waiting list will be added in the cancelled slot prior to an Adult. Checks, money orders, cashier’s checks, MasterCard, Discover Card and Visa may be used for deposits and payments up to the final payment date so long as there is still room available. Reservations received after the final payment date, must pay in full, plus any additional air or hotel costs. Personal checks will not be accepted after the final payment date, no exceptions. Late registrations will be confirmed on a space available basis. Once APPLE receives your Tour Admin Fee, you will be sent a confirmation email that includes your Username for your Tour Account. Your Tour Account Number should be written on all check payments. Credit Card payments may also be made online by logging into your Tour Account at applestudenttours.org/login. Credit card charges will appear as APPLE STUDENT TOURS on your credit card statement. Your quoted tour price reflects a discount for payments, other than the deposit, made by cash, check, money order and cashier’s check. A one-time non-cash payment fee of $79 will be added to your Tour Account when using other forms of payment for any payment other than the Tour Admin Fee. For questions or for more information, please contact APPLE at (619) 299-9686.

SECTION III. Participants will receive monthly billing statements via email and are encouraged to make a minimum monthly payment of $300 per statement towards the price of the travel package. All participants are required to have a minimum of $1,500 total paid into their account by the date specified in the registration packet. Failure to have $1,500 paid by the specified date may result in a participant being canceled from the trip. Final Payment must be received in our office by the final payment date as outlined on the registration information sheet. Payment extensions will be approved on a case by case basis and will be subject to a MANDATORY $50 Payment Extension Fee. Please contact Apple at (619) 299-9686 should you need to request a payment extension. If payment is not received by the Final Payment date, and you have not been approved for a payment extension, your tour status may be changed from Confirmed to Pending with cancellation penalties still in effect. Accounts that are not paid in full by the final payment date outlined in the registration information will be assessed a MANDATORY $50 Late Payment Fee. There is a $25 service charge for all returned checks. Personal checks will not be accepted after the final payment date, no exceptions. Quoted tour prices reflect a discount for payment by cash, check, money order and cashier’s check. A one-time non-cash payment fee of $79 will be added to your Tour Account when using other forms of payment for any payment other than the Tour Admin Fee. For questions or for more information, please contact APPLE at (619) 299-9686.

SECTION IV. Prices of airfares and rates in effect at the time of booking are set forth in the participant’s invoices. Airfares and rates are subject to change. Potential price increases include, but are not limited to, increases in airfare, baggage, other transportation services; fuel surcharges, taxes or fees, not meeting minimum signup requirements, change of date of tour, and other unforeseeable fees. We will notify you in writing if these fees change and/or prices increase. Accommodation prices are based on quad occupancy, unless otherwise specified. APPLE is not responsible for assigning roommates. The group coordinators are responsible for assigning roommates, with males and females being separated based upon their birth assigned gender, and adults separated from students and/or minors. Adult participants are responsible for arranging for their own roommates. If, for any reason, an adult participant cannot find a roommate or one is not available, then they will be required to pay the single occupancy rate. Minor participants are not permitted to lodge in a room by themselves and must have at least one roommate, or in most instances, at least three roommates per quad occupancy requirements for the tour and tour pricing. If for any reason, a minor participant cannot be grouped with the required number of roommates for the tour, then that participant(s) may be required to pay an increased occupancy rate, if such vacancy is available, and/or for the costs to have a lodging chaperone accompany the minor to prevent the minor participant from rooming alone. Tour prices are also based on having a minimum number of participants per transportation vehicle. If these minimum numbers are not met, additional charges, itinerary changes, or the combination of your group with other groups may result.

SECTION V. Refunds are limited upon cancellation of a tour. Cancellations will be accepted only upon receipt of WRITTEN notice to APPLE. Similarly, requests for refunds must be submitted in writing and emailed, faxed or mailed to APPLE, and will be processed as follows: a) For cancellations received before your mandatory $1,500 minimum paid due date as outlined in the registration packet, you will receive a refund of all payments minus the $250 non-refundable Tour Admin Fee, minus the $79 non-cash payment fee (if applicable), and minus any applicable additional airline, hotel, activity, or other transportation fees, if any; b) For cancellations received AFTER your mandatory $1,500 minimum paid due date as outlined in the registration packet and before the final payment date, you will receive a refund of all payments minus the $250 non-refundable Tour Admin Fee, minus a $750 cancellation fee, minus the $79 non-cash payment fee (if applicable), and minus any applicable additional airline, hotel, activity, or other transportation fees, if any; c) For cancellations received after the final payment date, you will forfeit 100% of all money paid. Please understand that the cancellation fees outlined above are not intended as a penalty, but rather a fair estimation of a portion of the internal and external unrecoverable costs that APPLE incurs planning, managing, and administering the extensive group travel program that you committed to by registering. The refund process typically takes four to six weeks from the date your cancellation Is received by APPLE.

SECTION VI. Travel payment protection is available through APPLE’s Payment Protection Program (“Protection Program’), if desired, to provide enhanced financial protection in the event that you need to cancel your tour or a cancellation due to a Force Majeure Event.
You can “opt-in’ to participate in the Protection Program by paying for the Protection Program by the final payment date. When you opt-in, you agree to pay the amount stated in your account no later than the final payment date. In the event your account is not paid in full by the final payment date (Tour Cost plus Tour Admin Fee plus Payment Protection Program cost plus any other applicable Tour Charges) you will be responsible for all cancellation charges, if any. The Payment Protection Program only provides coverage beginning on the tour’s Final Payment Date and not before.
Cancellations prior to the final payment date will be covered as outlined in Section V, above. For further details concerning the costs and benefits of the Protection Program, please click on the following link or copy and paste into your web browser: https://applestudenttours.org/traveling/Payment_Protection_Program
Information for California Participants: APPLE is registered as a seller of travel services in the state of California #2049953-10 and a member of the Travel Consumer Restitution Corporations (TCRC) Fund. In the event of the default of APPLE you may be eligible for a refund of up to $15,000 from the California Travel Consumer Restitution Fund if you are a California resident. Per California Business & Professions Code Sec. 17550.35 et seq., your loss must have been more than $50.00, and your claim must be filed within one year after the scheduled date of completion of travel. For additional information on eligibility and submitting a claim, please contact: Travel Consumer Restitution Corporation, P.O. Box 8474, Northridge, CA 91327 or visit their website at https://tcrcinfo.org for further instructions on filing a claim.

SECTION VII. Air carrier baggage allotments and charges vary from carrier to carrier. If your tour specifies that the cost of baggage is included, APPLE will pay for one (1) piece of checked baggage under 50 pounds on both outbound and return flights. If a participant’s luggage weighs more than 50 pounds or has more than one piece of luggage, participant is responsible for additional costs. If your tour does not specify that costs of baggage is included, it is your responsibility to understand and abide by your tour’s air carrier baggage requirements, as you will be responsible for any excess baggage fees not included in the tour price. APPLE is not responsible for damage to baggage. Air carrier policies may vary concerning lost or damaged baggage. Participants should view airlines’ website for information on specific baggage charges or claims.

SECTION VIII. Only the services listed in the in the tour package are included in the tour price. Additional food, souvenirs, clothing, room service, telephone or internet expenses, purchased activities, tipping, additional baggage fees, and other items not listed in the tour package are not included and are the participant’s responsibility.

SECTION IX. APPLE recognizes that some tour participants may have severe food allergies. If a food allergy poses a concern for any participant, APPLE requests any such participant notify APPLE in writing of the nature and extent of the allergy and any special dietary requests within seven (7) days of participant’s initial registration. APPLE will do its best to ensure that the tour vendors and service providers are informed of the allergy but cannot guarantee that all requests will be accommodated. Vegan eating options are not offered during group tours and that Apple Tours cannot prevent tour provided meals from the potential of being cross-contaminated with gluten containing foods. Participants with celiac disease or other cross-contamination sensitivity issues are requested to check with Apple Tours prior to registering for any tour.

SECTION X. APPLE reserves the right to make deviations to the originally scheduled tour departure date. In the event of such a change, all cancellation penalties, if any, will remain in force. In the event of an airline cancellation of a scheduled flight, APPLE will attempt to obtain alternate flight plans as soon as reasonably possible. Due to group air travel restrictions, individual flight deviations are not available. Flight departure times and actual travel times are not guaranteed and may affect the length of time spent in destinations. Any flight information provided prior to departure is subject to change.

SECTION XI. Participants will be held responsible for their behavior and actions at all times during the tour. Participants displaying inappropriate behavior may be removed from the tour and sent home at their own expense, with no refunds given for any unused portion of the tour. APPLE personnel do not act as chaperones during the tour. Chaperones and chaperone responsibilities are provided by the travel group and not APPLE. For all tours in connection with any school, all school behavior rules, and dress codes will apply. For the safety and enjoyment of the participants, APPLE may exclude participation of students exhibiting contagious symptoms that may pose a risk of illness to fellow participants or with a history of behavior problems such as physical or verbal assaults. Participants or other travelers subject to school disciplinary action, such as suspension or expulsion, or individuals who demonstrate behavior problems prior to the scheduled tour departure date may be cancelled entirely from the tour by APPLE in APPLE’s sole discretion. Any such cancellations will still be subject to all applicable cancellation charges, penalties, and fees. By reserving a place on a tour, you are representing to APPLE that the participant has no limitations that will impede the travel plans of the group, including but not limited to such behavior problems. If the participant has a disability or other limitation that can be reasonably accommodated, the parent/guardian must notify APPLE at the time of reservation of the limitation and the accommodation being requested. APPLE will attempt to make reasonable accommodations for the participant whenever possible. If the limitation or accommodation refers to personal care matters for which APPLE does not in its sole discretion cannot reasonably accommodate, the participant may be required to provide a personal assistant/attendant staying single occupancy at the participant’s expense. Participants with a medical condition that causes reasonable doubt that the participant can complete all aspects of the tour safely may be required to provide a written statement from a physician stating that the participant is capable of completing the flight or tour safely without requiring extraordinary medical assistance. If a medical certificate is requested and not provided, the participant may be prohibited from participating. If prior to departure, APPLE becomes aware of the existence of a previously undisclosed contagious illness or limitation, or that a participant’s limitation is greater than that which was represented and such limitation cannot be reasonably accommodated, or has had or has behavior issues that APPLE determines may impede the safety and well-being of other participants, APPLE reserves the right to cancel the participant’s tour, with tour cancellation penalties, if any, applying. If at any point during a tour, APPLE becomes aware of the existence of a previously undisclosed illness or limitation, or that a participant’s illness or limitation is different or greater than that which was represented to APPLE, and such limitation cannot be reasonably accommodated, or if there is an injury, illness, or behavior that APPLE determines may impede the safety and enjoyment of the other participants, APPLE may take any action it deems necessary to protect and safeguard any and all participants on the tour, including but not limited to obtaining medical treatment, removing the affected participant from the tour, and returning the participant home, all at the participant’s expense. SECTION XII. APPLE will provide appropriate itineraries and travel documents prior to the tour. The participants are responsible for informing APPLE of any changes to their contact information, such as phone numbers, addresses, and email addresses by submitting these changes in writing or online at https://applestudenttours.org

SECTION XIII. It may be necessary for APPLE to disclose some of your personal information with other companies such as airlines, hotels and tour operators. (For further information concerning APPLE’s policies concerning the handling and disclosure of such information, please see: https://applestudenttours.org/traveling/privacy_policy. By reserving a place on the tour, the participant acknowledges and agrees to APPLE’s disclosure practices. APPLE personnel may take video or still images for use in marketing and reserves the right to use these images in printed and electronic marketing materials without compensation to those in the images.

SECTION XIV. This agreement, its application and interpretation shall be governed exclusively by its terms and by the laws of the State of California. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this agreement or any of its terms and conditions shall be brought in a state or federal court located in the Southern District of California and each tour participant and/or their guardian or legal representative hereby consents and submits to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit. Additionally, each tour participant and/or their guardian or legal representative hereby consents and submits that any claim they may have against APPLE, including our past and present employees and agents, must be brought individually and they will not join such claim with claims of any other person or entity or bring, join or participate in a class action against Apple. Should any portion of this agreement be ruled invalid or unenforceable, it shall not affect the remaining provisions of this agreement, which shall remain in full force and effect.

SECTION XV. The terms of this agreement shall serve as a complete release and express assumption of risk for the undersigned tour participant, his or her parent(s)/legal guardians(s), heirs, assignees, administrators, executors and all members of his/her family. I/we have read and fully understand the provisions and legal consequences of this voluntary release/assumption of risk, and I/we hereby agree to all of its conditions.