1. General: Crystal AirCruises, LLC (“CAC”), 1501 Biscayne Boulevard, Suite 500, Miami, Florida 33132, is the authorized Public Charter operator. The price of the trip, dates of the flights, origin and destination cities of each flight leg, and other conditions, are as specified in the applicable CAC-issued travel itinerary (the “Itinerary”), and are incorporated herein by reference.
2. Reservations and Payment: Reservations may be made directly with CAC or through your travel agent. All prices are per person based on hotel double occupancy. For individuals traveling alone, there will be a single occupancy surcharge of 10% to 12% of the regular price; single occupancy rooms are limited and subject to availability. A deposit of $10,000 per participant is required to secure reservations. Full payment is due 120 days before the scheduled date of departure. Payment in full must accompany any reservation received less than 120 days before the scheduled date of departure. If the trip is fully booked when your reservation request is received, payment received by CAC, if any, will be returned within 7 days, or with your authorization, CAC can retain the deposit and place your name on a waiting list in case other participants cancel their reservations. Even if you authorize CAC to put your name on a waiting list, we will notify you within 7 days (but in no event later than the date of departure) that your selected trip is fully booked. Prior to your signing this agreement, payment by credit card is not final and is subject to refund.
3. Fare Inclusions: The price of the trip (the “AirCruise”) includes air transportation aboard a custom-equipped Boeing 777-200LR widebody aircraft, operated by Comlux Aruba N.V., between the cities shown on the Itinerary; accommodations and room taxes in each destination; all CAC planned excursions as shown on the Itinerary; all meals, from dinner on the first night of the AirCruise to breakfast on the last morning of the AirCruise, as indicated in the Itinerary; a comprehensive program of special events and activities with several options in each destination; group transportation including ground transfers to/from each airport on the Itinerary; the dedicated services of professional CAC staff, including a CAC Journey Leader on every AirCruise; all baggage handling during the AirCruise; all taxes and fees ordinarily collected by air carriers and hotels for the Itinerary. Bottled water is included throughout the Itinerary: in-flight, on all land tours, at every meal, and in hotel rooms. Selected premium spirits, fine wines, beers and non-alcoholic beverages are included aboard the AirCruise aircraft and at all planned land-based special events, cocktail parties, lunches and dinners. Complimentary internet access in hotels and on board the aircraft is included where available. Gratuities to local guides, drivers, porters, and wait staff are included. (Any gratuities for extraordinary service or assistance are not included and are at your discretion.) Travel dates and cities, the name, location and length of stay at each hotel, and other ground accommodations and services are set forth in the Itinerary, which is a part of this Agreement.
4. Fare Exclusions: The price of the AirCruise does not include air travel or other transportation of persons, baggage or other property between your home city and the AirCruise departure and return city(ies) shown on the Itinerary; any accident, baggage, cancellation, health or other insurance you may elect to purchase; passport and visa fees (including visa fees that are charged by some foreign governments at the airport upon arrival into the respective country); personal expenses such as laundry, communications, medications and the like; all beverages not listed in Fare Inclusions; any meals not scheduled by CAC; hotel minibar charges and any individual hotel services such as spa treatments and golf greens fees and equipment rental, unless otherwise noted. Any optional side trips, excursions and personal activity options are not included in the AirCruise price. Inoculations and medication costs of any kind are not included. Any gratuities for extraordinary service or assistance are not included and are at your discretion.
Due to unforeseen world events, natural disasters, weather, or other circumstances beyond the control of CAC, CAC reserves the right to make such changes to aircraft, Itinerary, accommodations, prearranged tours and other activities as may be necessary at any time to optimize the participant experience. Except for Major Changes as described in Paragraph 11 below, no refund will be made for such changes or for any accommodations or services that you voluntarily elect not to use. Please note that certain destination activities may have participation limits and can sell out. Therefore, destination activities and excursions are offered and reserved on a first-come, first-served basis. Other tours may require advance booking, and last minute changes cannot be accommodated due to factors over which CAC has no control.
5. Airfare to/from AirCruise Departure and Return Cities: At your request, CAC is able to coordinate and book flights between your home city and the departure and return city(ies) for your Itinerary. Please ask for details.
6. International Flights: The air carrier, Comlux Aruba N.V., supplies air transportation subject to applicable laws, regulations and international agreements governing air transportation, and its performance of each flight is subject to issuance of such approvals, clearances, permits and operating authorities as may be required by any government, governmental agency or airport authority for the operation of such flight.. If the air carrier cannot obtain these rights for any flight leg of the AirCruise, that flight leg will be canceled and alternative arrangements will be implemented by CAC. Except for Major Changes as described in Paragraph 11 below, no refund will be made for such changes.
7. Travel Advisories and Warnings: Each participant bears responsibility to keep himself or herself informed of current travel advisories, alerts or warnings by referring to the U.S. State Department’s travel website at www.travel.state.gov or by phone at 1-888-407-4747. Should a participant elect to travel on a CAC journey despite a then-current U.S. State Department travel advisory, alert or warning against travel to a destination or location included on the Itinerary, the participant assumes all risk of personal injury, death or property loss or damage that may arise out of events of the type advised or warned against.
8. Financial Protection: In accordance with federal regulations, your payment is transmitted to and deposited in CAC's Public Charter depository (escrow) account at First Western Trust, 1900 16th Street, Suite 1200, Denver, Colorado 80202. Your payment is additionally protected in part by a security agreement between CAC and Western Surety Company, c/o CNA Surety, 333 South Wabash, 41st Floor, Chicago, Illinois 60604. Unless you file a claim with CAC, or if CAC is unavailable, with Western Surety Company, within sixty (60) days after arrival (or in the case of a canceled flight, the intended date of arrival) of the last flight in the Itinerary, Western Surety Company shall be released from all liability to you under the security agreement. All checks, money orders, and credit card drafts shall be made payable to First Western Trust or to your travel agency, which in turn shall make its check payable to First Western Trust.
9. Air Transportation: CAC flights are operated by Comlux Aruba N.V. using custom-equipped Boeing 777-200LR widebody aircraft configured for 84 participants in lie-flat seats. CAC and Comlux Aruba reserve the right to substitute another duly-licensed air carrier and/or to change the aircraft type, capacity and routing, and do not guarantee nonstop service on all legs of the trip. No refund will be provided for such substitutions or changes. Additionally, and subject to the provisions of Paragraph 11 of this contract governing Major Changes, CAC reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded Public Charter participants will apply only to those participants who actually travel on a Public Charter flight. Passengers who actually travel on scheduled flights will receive only the consumer protections applicable to scheduled service. Travel documents issued by CAC are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed. Smoking is prohibited at all times on all flights, including all tobacco products and the use of electronic cigarettes. Lithium battery operated devices, including but not limited to electronic cigarettes, mobile phones, and laptop and tablet computers, may not be included in checked baggage but may be included in carry-on baggage or on one’s person. Any spare batteries must be insulated from one other.
10. Flight Check-In and Security Screening: Please refer to the Itinerary for check-in information. Passengers should present themselves for check-in at least two (2) hours prior to scheduled departure time unless notified otherwise. If you are not present at the boarding area at least fifteen (15) minutes prior to scheduled departure you will be considered a “no-show” and the flight may depart without you. In such event, neither CAC nor Comlux Aruba (or other air carrier) shall be responsible or liable for your transportation. Please refer to Paragraph 12 below for additional information on no-shows. Passengers are subject to search of their person and search or inspection of their property, including checked baggage, in accordance with security screening procedures, which can include an electronic detector with or without the participant's consent or knowledge. Any participant who does not consent to a search of his or her person or property will be refused transportation, and neither CAC nor Comlux Aruba (or other air carrier) will be liable for any inconvenience, delay, loss, damage, injury or refund to that participant.
11. Cancellations by CAC, Price Terms, and Major Changes: CAC does its best to operate all AirCruise journeys, but occasionally operational circumstances and program aspects are outside of our control, and as such, we reserve the right to cancel a journey at any time and for any reason, subject to the provisions explained in this Paragraph 11. Should a journey be canceled or unable to operate, we will inform you in writing as soon as possible about the cancellation, and in any case within seven (7) days after the date of cancellation, but no later than ten (10) days before the scheduled departure date. A full refund will be made within fourteen (14) days after such cancellation. CAC will not cancel a trip less than ten (10) days before departure, except for circumstances that make it physically impossible to perform the trip. If such a circumstance occurs, CAC will notify you as soon as possible, and if the trip is canceled, CAC will refund all monies within fourteen (14) days. If CAC makes a pre-departure major change to a trip, you may cancel your reservation within seven (7) days after receiving notification of the major change, but in no event later than departure, and you will receive a full refund within 14 days after canceling. Only the following constitute major changes: (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a major change; (ii) a change in the origin or destination city for any flight leg, unless the change affects only the order in which cities named in a tour package are visited; (iii) if the Itinerary includes hotel accommodations, a substitution of any hotel not named in the Itinerary; or (iv) a price increase of more than ten (10) percent occurring ten (10) or more days before departure. If a major change occurs, CAC will notify you within seven (7) days after learning of the change, but at least ten (10) days before the scheduled departure. If CAC first knows of a major change less than ten (10) days before departure, CAC will notify you as soon as possible. If a major change which you are unwilling to accept occurs after departure of your initial flight, CAC will refund, within fourteen (14) days after your scheduled return day, the portion of your payment which applies to the service or services not provided.
12. Passenger Cancellations, Changes of Dates, and Refunds: If you cancel or change the dates of your reservation, your right to receive a refund is limited. The applicable cancellation, change of date, and refund policy is determined by how far in advance of the scheduled departure date you provide CAC notice of cancellation or change, as shown below. A date change is considered a cancellation of the originally-booked trip.
Cancellation / Change Notice Period:
|If your notice of cancellation or date change is received… ||The cancellation charge per person will be… |
|365 or more days in advance ||$5,000 |
|240 to 364 days in advance ||$10,000 |
|180 to 239 days in advance ||$15,000 |
|120 to 179 days in advance ||$25,000 |
|Less than 120 days in advance ||Full cost (no refund) |
Passengers not present in the boarding area at time of flight departure (no-show passengers) will receive no refund.
Exception to cancellation charges: If a canceling participant or CAC provides a substitute participant who takes over and pays for the entirety of a canceled reservation, the canceling participant shall be entitled to a full refund minus a $25.00 administrative fee. CAC shall not be deemed to have provided a substitute participant until the full capacity of the applicable AirCruise has initially been sold out. Name-change requests will be honored provided there is no other change to the reservation; a $25.00 administrative fee will apply. Cancellations and change requests should be made by contacting CAC by telephone at 1-855-207-2778 or by email at firstname.lastname@example.org . Notices to CAC are effective upon actual receipt by CAC. Refunds, where applicable, will be made within 14 days after the date of cancellation.
13. Leaving an AirCruise in Progress: If for any reason whatsoever, a participant should decide or need to leave an AirCruise in progress, no refund will be made for any unused portion of the AirCruise. Except as otherwise required by applicable laws or regulations, if at any time during an AirCruise, CAC determines that a participant’s physical condition or behavior compromises the safe, secure and efficient operation of the AirCruise, or the safety and/or overall enjoyment of other AirCruise participants,, CAC reserves the right to remove the participant in its reasonable discretion, including if the participant is believed to pose a safety risk to himself or herself. Should a participant be removed from the AirCruise, and unless other arrangements are made, the participant will not be entitled to a refund or any compensation, including any refund for any unused portions of the journey. The removed party will be solely responsible for any liabilities, costs and expenses resulting from such removal. Regardless of the reason (whether voluntary or involuntary) for which a participant leaves an AirCruise in progress, no costs related to alternate air transportation, lodging, visas, insurance, or any other matter will be borne by CAC.
14. Baggage Allowance and Restrictions: Free baggage allowance per participant is three checked bags not exceeding 70 lbs./32 kg per bag, plus one carry-on bag not exceeding 45 in/118 cm in combined dimensions (length plus width plus height) per bag, and one personal item such as a purse, briefcase or laptop computer. Please note: Local-service flights that may be included in the Itinerary have more restrictive baggage limitations (e.g. smaller aircraft to islands like Bora Bora or bush planes in Africa); inquire of CAC for details. In the case of a participant with a disability, the free baggage allowance includes, in addition to the above, the participant’s mobility aid and/or other disability-related device(s). For all participants, vital medicines including insulin, pills, and other medications may not be included in checked baggage and must be hand-carried by the participant. Neither CAC nor the air carrier will be liable or responsible for any medical complications or expenses incurred by a participant as a result of medications being included in participant's checked baggage and not available while in transit or thereafter. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to weight and space restrictions and additional charges by the air carrier. The air carrier will accept as baggage only such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the passenger on his or her trip. The air carrier will accept cloth, canvas, vinyl and other soft-sided bags as checked baggage but accepts no responsibility or liability for damage to such baggage or its contents, except as required by applicable laws or regulations. The air carrier will refuse to accept the following articles for transportation unless advance written arrangements have been made with and accepted by the carrier: firearms and ammunition; any liquids in baggage or otherwise; live animals. Under no circumstances will the air carrier accept for transportation in checked or hand-carried baggage or as cargo, nor may any passenger bring aboard the aircraft, any article constituting or containing a hazardous material. For this purpose, hazardous material (also known as HAZMAT, Dangerous Goods and DG) is defined as any article or substance the transportation of which by air is prohibited, restricted or otherwise affected by any rule or regulation of the US Department of Transportation, including the Pipeline and Hazardous Materials Safety Administration (PHMSA), the US Federal Aviation Administration, or the International Civil Aviation Organization.
15. Air Carrier Liability: In accordance with the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, Canada on May 28, 1999 (the Montreal Convention), the air carrier’s liability for loss, damage or delay of baggage shall be limited to 1,131 Special Drawing Rights (equal to approximately $1,550.00 as of July 2016) per passenger. The air carrier must be notified of all baggage claims promptly upon discovery of the claim. The air carrier assumes liability only for baggage actually received by a representative of the air carrier from the individual passenger at airport check-in. Except as required by applicable laws or regulations, the air carrier will not be responsible or liable for injury or loss resulting from the theft, loss, damage to or delay of valuables included in the passenger's checked baggage, including but not limited to money, negotiable papers, securities, vital medicines, jewelry, silverware, precious metals, sporting equipment, cameras, lenses, radios, electronic equipment or other similar valuables. With respect to passengers on an international journey to, from, or with an agreed stopping place in the United States of America, the Montreal Convention and special contracts of carriage provide that the liability of the air carrier, in the event of death of or personal injury to a passenger, is limited, in most cases, to proven damages not to exceed 113,100 Special Drawing Rights (equal to approximately $155,000.00 as of July 2016) per passenger, and that this liability, up to such limit, shall not depend on negligence on the part of the carrier. Information on the current value of a Special Drawing Right is available at www.imf.org. To the maximum extent permitted by law, no action shall be commenced for loss of, damage to or delay in delivery of baggage or on any other claim including personal injury or death arising out of, or in connection with, air transportation, or for failure to transport any passenger or baggage, unless notice of the claim is presented to the air carrier within seven (7) days from receipt of baggage in the case of a claim for baggage damage, and within twenty-one (21) days from receipt of baggage in the case of a claim for delay; or four (4) hours of the flight arrival time at the destination city in the case of a claim for lost baggage; or seven (7) days after the alleged occurrence in the case of a claim for personal injury. Further, to the maximum extent permitted by law, in the case of damage or loss of baggage, or personal injury or death, an action for recovery of damages shall be barred unless such action is commenced within two (2) years after the alleged occurrence.
16. Responsibility: CAC is the principal and is responsible for making arrangements to provide the services included in the trip. In all cases, air transportation is subject to the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket or equivalent document for conditions of contract and notice of incorporated terms, and inquire of the airline for additional details. Airlines and other travel suppliers are not agents or employees of CAC, but are independent contractors over whom CAC does not have control. Accordingly, you hereby agree that, except as otherwise provided herein, CAC is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury or death which results directly or indirectly from (a) an act or omission of any air carrier or other travel supplier, or (b) any other cause or act, of whatsoever nature, beyond the control of CAC. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of CAC, CAC’S sole liability shall be to refund to you that portion of the price allocable to the services not provided. Any deviation from the trip that you initiate is solely your responsibility.
17. Passenger Identification: Before boarding, you must present a valid passport with an expiration date at least six months after your scheduled return date; the name shown in the passport should match your name as it appears on the AirCruise reservation list. One or more visas may be required as well, depending on the participant’s nationality and the destinations of the trip. Each participant is responsible for obtaining all necessary travel documents (passport, visa, tourist card, immunization certificate and any other documents as required) and for complying with the laws of each country from, through or to which he/she receives transportation. Failure of a passenger to possess a valid unexpired passport and any required visas or other travel documents will result in denial of boarding with no refund.
18. Aircraft Seat Assignments: CAC will endeavor to honor seat assignment requests on a first come, first served basis, subject to availability. However seat assignments are not guaranteed and there may be occasions when CAC or the air carrier will need to assign or reallocate seats based on operational need.
19. Notices: All communications should be sent to Crystal AirCruises, Attn: Consumer Affairs, at the address shown in Paragraph 1 above, or by email to email@example.com . Notices to CAC are effective upon actual receipt by CAC.
20. Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to Florida’s or any other jurisdiction’s conflicts of law principles. CAC and Participant agree that this Agreement shall be enforceable exclusively in (i) a federal or state court of competent jurisdiction located in Miami-Dade County, Florida, or (ii) a court of competent jurisdiction where CAC has a place of business (other than its principal place of business in Miami, Florida) through which this Agreement was made, or (iii) a court of competent jurisdiction at the final destination of the Itinerary. CAC and Participant hereby consent and irrevocably submit to the jurisdiction of all such courts for such purpose, agree that any action for damages arising from this Agreement shall be heard and determined in such courts, and waive any objection (on the grounds of jurisdiction, forum non conveniens, or otherwise) to the jurisdiction of such courts. CAC reserves the right to amend this contract without notice to the participant so long as such amendment is in compliance with applicable governmental regulations or waivers thereof. Additional restrictions may be imposed on one or more flights by the foreign governments involved. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law; however, acceptance of a refund furnished under this contract shall constitute a waiver of such other rights and remedies.
21. Health Requirements: An AirCruise is an active journey, and, as such, each prospective participant should make a realistic assessment of his or her physical capabilities and health prior to deciding whether to purchase the trip. Because each participant will be part of an extended group of travelers, all participants are expected to be in active good health to help ensure the experience is enjoyable not only for oneself, but for all other participants as well. Participants should be able to walk and climb stairs in many locations, including but not limited to boarding the AirCruise aircraft and small local-service aircraft used as necessary to reach certain destinations. Participants must also be prepared to experience the unique customs and traditions of new cultures with tolerance and grace. CAC highly recommends visiting your personal physician for a check-up in advance of your journey to discuss your ability to participate in this type of travel, as well as such inoculations or other medical preparation as may be appropriate to the Itinerary. In some instances, your physician’s approval may be required to visit certain destinations and/or to participate in certain activities. If so, a form will be sent to you for your physician to complete and sign. CAC will be prepared to arrange for an alternative experience or activity in the event your physician recommends it; any additional costs associated with these special arrangements will be the participant’s responsibility. Malaria and other diseases may be present in some of the countries visited. Please consult your physician and the U.S. Centers for Disease Control for the latest recommendations on specific health precautions for the areas you will visit on your Itinerary. Any condition requiring special attention, diet, or treatment must be reported in writing when making your reservation. While CAC will make every reasonable effort to accommodate participants with special needs, in light of the foreign destinations and locations AirCruise itineraries visit, many of which are remote and unimproved, CAC cannot offer assurance of an ability to accommodate wheelchairs. In the event a participant requires extra assistance, the use of a cane or walking stick, or movement at a slower pace, CAC will, at the discretion of its staff, arrange for alternate touring options in each destination. Any additional costs associated with these special arrangements will be the participant’s responsibility. Participants are welcome to forgo any of the scheduled sightseeing or other activities if they are so inclined, although no refund will be provided.
22. Insurance: Trip cancellation, health, and accident insurance is available for purchase by participants and is strongly recommended. Details of this insurance will be sent to you upon request.
Participant Name (printed): ______________________________________________________________
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