ALOHA HAWAIIAN VACATIONS
=Overman Hawaii Int'l, LLC=
=Overman Hawaii Int'l, LLC=
GENERAL INFORMATION, TERMS and CONDITIONS
- These Vacation Packages are designed and offered by Aloha Hawaiian Vacations - Overman Hawaii Int'l, LLC - a N.C. based company located at 2655PH Liberty Rd., Liberty, N.C. 27298; with satellite marketing and service locations and facilities (hereinafter referred to as Operator). Customer service representatives are located in Hawaii and in mainland locations. The General Information, Terms and Conditions listed herein pertain to All of Operator’s Vacation Packages, Features, Choices, Options, Adjustments, Weddings, and all other services and products offered and included by Operator. We have attempted to define every possible situation to be as fair as possible to you, our Client. This is a two-way agreement and we pledge to adhere to every promise we make as listed below.
- RESERVATIONS and PAYMENTS: A minimum deposit of $225 per person is required upon booking to secure your reservation, in most instances. An Operator assigned confirmation number is necessary for validation of reservation. Operator accepts Visa, Master Card, Discover, and American Express Credit Cards, Debit Cards, Checks, Cashier's Checks and Money Orders. All mailed payments must be sent registered (for tracking purposes) and must be sent signature required, and sent only to the N.C. office address listed above (Please call before mailing to notify our Customer Service Staff). A reservation is invalid without an Operator-assigned confirmation number. The balance payment is due 69 days prior to departure date. If reservation is made within 69 days of departure date, the total price of Vacation Package is due upon booking. (Interest free payment plans can be arranged in certain situations). Operator assumes no responsibility for any mailed payment until signed for upon receipt by an authorized Operator Agent. DO NOT MAIL CASH. Operator assumes no responsibility for payments made with cash. When payment is made by check, Operator accepts responsibility for these funds only if check is made payable to ALOHA HAWAIIAN VACATIONS (and clears bank). Any payment received later than 11 weeks or less from departure date must be a certified check, bank check, cashier’s check, money order or credit card. There is a $45 returned-check charge. Operator assumes no responsibility for payments made to or received by a third party, under any circumstances. Any payment received without a valid Operator confirmation number will be non-bindingly returned (or refunded), even if funds were mistakenly deposited. All payments are to be made in U.S. Dollars. All credit card purchases are final, and are subject to the Terms and Conditions stated herein, and require no sales slip signature to be binding. When credit card is used, the Purchaser authorizes their card issuer to pay the total amount of Vacation due to Operator, and promises to pay this total to the card issuer (plus any other charges due) subject to and in accordance with the agreement governing the use of such card. There is a 6% fee for credit card cancellation charge-backs. Participant and/or Purchaser Agrees To The Permanency of Funds Paid To Operator. A signed Operator's Enrollment Form (Contract) with a valid Operator's confirmation number is due to Operator immediately upon booking. If not received reservation may cancel as a Participant/Purchaser initiated cancellation. Electronic signature (hereinafter referred to as "E-Signature") and/or Manual signature and/or initial payment verifies Participant/s' &/or Purchaser/s' acceptance of and agreement to ALL of the Operator’s Terms and Conditions stated herein and subsequent Operator approved addendum/s. Adults signing manually or with E-Signature for minors agree to and assume full legal responsibility for all minor Participants.
- RATES: All rates shown are per person and are current rates in effect at time of printing (publishing), and are subject to change without notice. Operator does not send a bill for any payment - please mark calendar. Late payment and/or delayed receipt of properly signed Operator's Enrollment Form (Contract) may result in annulment of Cancellation and/or Rate Protection Plan, therefore resulting in rate increase/s and/or a Purchaser initiated cancellation of Vacation Package without TCPP (Attained Cancellation fees will then apply, with refund of TCPP). While every effort is made to ensure accuracy of our rates in print, on our website/s brochure/s or other, and when quoted by telephone, Operator reserves the right to make adjustments if found that rate was shown, charged or quoted incorrectly. All Child, Teen and Adult rates are based on age at time of travel. Options are not included in Basic Package Rate and are additional. See our Website for applicable Adjustments. Holiday Travel may have a Holiday Adjustment such as July 4th week, Thanksgiving week and Christmas, etc. Newly offered specials or unlikely price reduction adjustments can only be applied to current booked Vacation Package with cancellation of current booked Package and subsequent booking of a new Vacation Package.
- RATES INCREASES: Airfares, Hotels and Package inclusions and options may be increased at any time by our suppliers, immediately, and without notice, therefore Operator cannot guarantee rates until paid in full, and is under no obligation to provide a "grace period" during which bookings may be paid in full to avoid this increase. A unique RATE PROTECTION PLAN is offered by Operator, and is Highly Recommended (see below). In the event the Rate Protection Plan is not taken - and an increase takes effect - an additional collection will be necessary for any and all Vacation Package increase/s.
- RATE PROTECTION PLAN: Simply make a 39% deposit of the total Vacation price when booking and Operator will GUARANTEE Your Rates (for original departure date) - regardless of ANY amount of airfare, hotel, or other supplier increases which may take place prior to your departure date! (Some packages - such as Christmas travel may require a larger deposit to guarantee rates). Most promotional specials will require a 39% deposit. (Most other companies do NOT protect you from increases until you pay in full). The remaining 61% of the total Vacation price will be due 69 days prior to travel. An interest free payment plan can be arranged for the 39% deposit, as well as for the entire Vacation, but must be paid in full before vacation travel begins.
- GUARANTEED LOWEST PRICES: Operator's Guaranteed Lowest Prices refers only to Operator's All Inclusive Vacation Packages and consists of the following: Operator guarantees the lowest prices when compared to an exact matching product - meaning all vacation features when comparing to Operator's Vacation Packages are exactly the same (including hotel & room category) and with quality as good as Operator's, and is actually offered for sale to the general public and at the sole discretion of Operator. A few "copy-cat" companies have offered seemingly similar products, but with much lower quality, fewer choices, and fewer vacation features. These "copy-cat" companies often begin with a "seemingly" lower price - but have a much higher price than Operator's when the bottom-line is revealed. Beware! Operator gladly welcomes apple-to-apple comparisons.
- PAYMENT PLANS: Operator will arrange Payment Plans in special situations when needed and Operator charges No interest for Payment Plans. In all cases - full payment must be completed before Participants' &/or Purchasers' travel begins. A Payment Plan is an excellent way to make structured payments to make your dream Vacation come true.
- LATE BOOKINGS: Subject to availability, add $24 pp (special handling) for booking within 3 weeks of departure date.
- DOCUMENTS: Documents cannot be mailed and travel cannot begin until paid-in-full and requisite documents are received by Operator. Documents will be mailed "priority" to Participant to arrive approximately 14 to 10 days prior to departure and with prior notice. E-Tickets are usually issued for flights. Documents may arrive later for late bookings and/or payment. Once documents are received by Purchaser and/or Participant, the security for these documents is solely their responsibility. A rate of $145 pp will be assessed for replacement documents. Valid driver's license or valid government issued picture ID is mandatory for all flights.
- CHANGES: A Per Person Fee of $59 will be assessed for each change made up to 6 weeks prior to departure date after booking, and $87 thereafter. This applies to any change of original booking, before departure (if possible), including hotel or room category (if available), and to Vacation features and options. Changes of initial departure and/or return travel date is not considered a change-but is considered rescheduling. Changes made after documents are mailed, but before original flight check-in time, are $125 per person. Change fee will apply even if caused by airline-originated schedule changes. In some cases, a hotel charge of 3 nights' accommodations (or more) on each island will apply when change is made during the last 9 days before departure. (Important: Any change made to a booking for which the price has been guaranteed for original travel date will result in the new booking being re-priced at the Operator's current internal price in effect at time change is made). Changes made in return transportation must be made by the Participant/Purchaser directly through the airline/s from which the Participants' tickets were purchased, and there may be change fees and an increased fare imposed by carrier/s, and is subject to availability. No changes to air routing can be made after departure by Operator. Changes in return which would result in additional monies owed to the carrier/s are due immediately and payable directly to the carrier/s. A change in travel date is treated as a "rescheduling" only if the new travel date is booked at the same time as the original travel is cancelled, and before Vacation travel has begun. This can only be done if the TCPP was taken, and is subject to current fares and change fees and is subject to availability. Once Vacation travel has begun, all changes made to itinerary come under above guidelines and are not protected under The Trip Cancellation Protection Plan. Call for rescheduling fees and details. In all other cases cancellation rules apply. A name change will be treated as a cancellation of the original reservation with appropriate fees - and a new reservation must be made in the new name.
- CANCELLATIONS: All cancellations require Operator's Vacation Cancellation number, issued at time of cancellation. Refunds for cancelled reservations (which are not covered by the TCPP) are subject to the following per person administrative fee schedule: When your notice is received directly by the Operator (and an Operator's Cancellation number is obtained) eighty-seven (87) or more days prior to departure date-Full refund less Forty-three percent (43%) fee, eighty-six (86) to fifty-nine (59) days prior to departure date - sixty-three percent (63%) fee, fifty-eight (58) days to thirty-eight (38) days prior to departure date - seventy-nine percent (79%) fee, Thirty-seven (37) days to six (6) days to departure date - eighty-nine percent (89%) fee; Zero ($0) Refund for later cancellations and no refund for "no shows" regardless of cause, including denied travel for lack of required documentation, security issues, or other. Operator assumes no responsibility for non-availability during weekends, holidays, off-hours, etc. Operator Strongly Recommends Trip Cancellation Protection Plan. Airfare is non-refundable and flight tickets and airfare are property of the Operator when a cancellation occurs. Percentages listed above are figured on total Vacation Package price (including Basic Package Rate, Adjustments, Options, and Misc. charges). Once a vacation has begun, there will be no refund made for any unused or partially used Vacation feature/s, service/s, choices and/or options, including flight, hotel accommodations, activities, meals, car rentals, etc. regardless of circumstances resulting in these not being used by Participant/s. Unused flights are non-refundable. In all cases, cancellation fees will apply and monies are non-refundable for any reason, including sickness and/or other emergencies. Although (at the time of publishing) Operator has never had to do this - Operator does reserve the right to cancel any Vacation prior to departure for any reason. Should this happen, refunds will be made without obligation and/or liability to Operator. Operator is not liable for improper ID, security delays, or other travel delays. Vacation is non-transferable. An Operator cancellation or rescheduling number can be issued only during Operator's Hawaii Customer Service Office normal business hours.
- TRIP CANCELLATION PROTECTION PLAN: See below for details.
- PROOF OF CLAIM: Any claim of illness or injury must be valid and supported by the submission of a detailed, verifiable, original medical certificate signed by a board certified physician with the full specificity of the law. A death certificate with raised seal is required in the case of death.
- REFUNDS: Refund will be mailed within 45 days of Operator's issuance of Vacation Cancellation number and Operator's receipt of ALL of the Participants' Vacation airline tickets, hotel, meal, tour and activity vouchers, and ALL other travel documents and items issued to Participant and/or Purchaser. Under no circumstances will refunds be made until all the aforementioned items have been received and signed for by the Operator. (Must be returned to Operator by registered mail with the Operator's signature required). All refunds are issued only upon Participant/s &/or Purchaser/s understanding that acceptance of the refund from Operator is on the express condition that Operator is released from all further liability and Participants/s &/or Purchaser/s waive all additional rights and remedies under this contract or any applicable state, federal or foreign law.
- AIR TRANSPORTATION: Operator features most major airlines for air transportation between the Mainland and Hawaii; however, Participant/Purchaser may book their own flight to Hawaii with a reduction in the Operator's price. The Trip Cancellation Protection Plan (if taken) will not cover or "protect" the flights that Participant/Purchaser book on their own. The decision as to utilize flights obtained by the Operator or by the Participant/s must be made at the time of booking, and may not be changed at a later date. The passage contract in use by the airline, when issued, constitutes the sale agreement between passenger and the airline. Specific airline/s, flight times, flight schedules, layovers and seating arrangements are not guaranteed and form no part of this contract. Seating arrangements have become increasingly difficult - and it is recommended that Participant &/or Purchaser obtain their own flights for control of seating arrangements, if possible. Flight schedules and times are subject to change without notice. It is therefore the responsibility of the passenger to reconfirm flight times as instructed. Airline/s are solely responsible for all expenses incurred due to airline delays or other problems, injury, or death. Operator is not responsible for any expenses incurred due to airlines, security, weather, natural disasters, terrorist acts, labor strikes, government shutdowns, delays or other - including, but not limited to, airfare costs, hotel, transfers, meal costs and other damages or retributions. A valid Government issued picture ID is required for all flights, such as a valid State Driver's License. International travelers are responsible for obtaining All USA, State, and Federal Government Travel and entry requirements. Participant/s are now required by the Government, and are responsible for providing Operator with Participant/s full and complete name and date of birth. Operator is under no financial (or other) obligation if government requirements are not met by Participant/s, whether listed herein or not. Check with Airline/s for current Government regulations. Any Vacation Package that includes flight/s, which is booked within 45 days of travel, may require a flight surcharge and may possibly need to be booked by the Participant/Purchaser directly - with Operator assistance if needed. Operator does not include flights for any Package booked 30 Days or less from departure date. Holiday Travel may have a Holiday Adjustment, such as July 4th week, Thanksgiving week and Christmas, and so forth. There may be a Fuel Adjustment (Air Adjustment) due to fluctuations of fuel prices.
- AIRPORT SECURITY: Please see current government Website or call 1-866-289-9673 for all airport security rules and regulations. Operator is not responsible for Participant/s' violation of government security rules and regulations, nor is Operator responsible for fees to Participant/s due to failure to comply with such. Operator is not responsible or liable for loss to Participant/s and/or Purchaser/s for replacement of missed flight/s or other loss due to Airport Security delays - whether caused by Participant, Airport Security, or other. Please check-in for flight as early as recommended by the airline/s. It is Participant/s' responsibility to obtain current airport check-in times; however, Operator recommends Participant/s to check-in for flights at least two (2) hours prior to flight departure time/s for Mainland to Hawaii flights and to factor in time needed to park car at airport.
- BAGGAGE: Payment for Participant/s Airline checked baggage is NOT an inclusion in Operator's Vacation Packages. Operator has no way of pre-paying this fee. The Operator (or its agents) shall not be held responsible for loss, damage, inconvenience expenses, or delay while baggage is in the custody of airlines, Transfer Company, hotel, or other. Travel accident/baggage insurance may be purchased at Airport, and is Highly Recommended. The Operator (or its agents) shall not be responsible for the loss or damage to passengers' baggage. The liability of the airline/s for loss or damage to baggage shall be limited in accordance with the terms of the carrier's liability insurance coverage (call airline/s for details). If Airline/s, Transfer company (or other), due to any cause whatsoever, is liable for loss or delay of or damage to your baggage, settlement will be made directly with Airline/s, Transfer company (or other), and not Operator. Call airlines for current baggage information. Contact your Airlines for current amount of bag/s allowed, luggage size and weight and carry-on info. Most Airlines now charge for baggage (and baggage weight) and it is the responsibility of the Participant &/or Purchaser to check with your Airline/s for the price. Any baggage charge/s must be paid directly to the Airline/s upon flight check-in by the Participant, and cannot be paid by the Operator. Participant should bring appropriate funds for the baggage charges. Operator is not responsible for reimbursing Participant for any charges for checked baggage. Tips for airport porters are not included.
- HOTELS/RESORTS: General Check-out time is approximately noon (varies with each hotel). Check with Operator for check-in times. In the unlikely event of overbooking by the hotel/s/resort/s in our Vacation Package the liability to substitute accommodations is the responsibility of the hotel/s/resort/s affected. Operator reserves the right to substitute hotel/s/resort/s of similar or better quality. Check-in is approximately at 3 pm. Hotel is solely liable for any problems or loss to Participant. Operator recommends using the Hotel room safe to store valuables. Hotel amenities shown may change at any time without notice. Double Occupancy (Dbl.) means two paying adults staying in same room. A Single Adjustment will apply to any room with only one paying adult staying in the room. Hotel Resort Fees may be charged directly by the Hotel/Resort to the Participant and is not to be paid by the Operator. All Neighbor Island Resorts have Resort Fees, and on Oahu the Sheraton, Westin, and Aqua Hotels have Resort Fees. Hotels may initiate a Resort Fee without prior notice to Operator and/or Participant/s &/or Purchaser/s and such fee will be collected directly by the Hotel from Participant. Operator is not responsible for this or any Resort Fee unless clearly stated on Operator's Website. A credit card or cash deposit may be required by Hotel upon check-in as a security deposit for incidental charges, etc.
- VACATION FEATURES:
Operator reserves the right to rearrange Vacation itinerary to match suppliers availability, etc. and to substitute a comparable Vacation activity, meal, etc. in the unlikely event this would be necessary due to supplier availability, etc. Most Dining Gratuities Are Included but other Tips not specifically mentioned are not included. Participant/Purchaser agree that Additional Vacation Options and/or Choices which are added to Participants Vacation Package after the initial Enrollment Form has been completed and Signed - will apply to All Operator's Terms and Conditions as listed herein - although an additional signature is not required for these add-ons. Restaurant menus are subject to change-without notice. When booking an Aloha Hawaiian Vacation, all BOLD Vacation Features clearly specified as inclusions on Operator's Website at time of booking are included (nothing more-nothing less), plus paid for Choices, Selections and Options. There is no refund for unused Vacation Features, Choices, Selections or Options if cancelled by the Participant &/or Purchaser, or if Participant/s is/are a "no-show" for an activity. However if these are cancelled solely by the Supplier due to inclement weather conditions or other, the Operator and Supplier will attempt to reschedule these to another date, and will refund Purchaser net amount of activity if unable to reschedule (this applies only to activities cancelled due to inclement weather which may occur while Participant/s is in Hawaii and solely at the Suppliers' discretion). Most National Park fees are included for tours, however there is an approximate $7 pp charge for the entrance at Hanauma Bay on Oahu which is required to be paid directly at the entrance of the Bay. Operator is not responsible for closures due to government shut-downs or other.
- RENTAL CARS: Each Rental Car day included in Vacation Packages consists of a 24-hour period beginning at the time driver/s pick-up the car. No refund will be made if car is used less than a 24-hour period. Driver must be at least 21 years old and have a valid driver's license and major credit card. Rates include Unlimited Mileage. Renter/Driver is responsible for Gas and Refueling Charges, Optional Collision Damage Waiver, Medical Coverage, Personal Accident and Effects Coverage, Infant Car Seats, Second Driver Fee, Optional Supplemental Liability Coverage, Upgrade Payment (if desired), Taxes, per day Hawaii Rental Motor Vehicle Surcharge Tax, any Overtime Charge, Drop-Off Charges, Parking Fees, Fines, Suits, Towing Fees, Accidents, other options and incidentals purchased or rented from the Rental Car Company, any and all charges resulting from an accident, and any other additional Liability and charges. Operator recommends full insurance protection. Upgrade Rates listed are to be applied when upgrading from Economy Car that is included in most Neighbor-Island Vacations listed on our Website. Car Rental Rates are for cars to be rented when no car is included in Vacation Package. Upgrades and Car Rentals are subject to availability. Convertibles go fast - Book Soon! Car models listed are those currently (at publishing) provided by our suppliers, and are to give a general idea of the model Participant will receive, but other similar models may be substituted by Rental Car suppliers. Car Rentals run in 24-hour consecutive periods. Example: Car Rental time begins when car is to be picked up on arrival at Neighbor-Island, which is usually around noon. This results in car being due back around noon on Participant's last day on Neighbor Island. As most flights out of Neighbor Island are in the evening, this results in an overtime charge for the Participant. We highly recommend renting the Neighbor Island car for 1 Extra Day to avoid this unexpected and sometimes excessive charge by the Rental Car Company. Rental Cars are to be picked up at the airport on all Neighbor Islands, and no Airport-to-Hotel transfers are provided on the Neighbor Islands. Rental cars are available on Oahu as a "Choice" or as an Option. Hotel and other parking fees are not included on any island unless specifically stated as included. Resort fees are not included at any Resort/Hotel (unless clearly stated as being included), and are to be paid directly by the Participant to the Resort/Hotel. Car Rental Companies have a No-Smoking Policy and require Participants to agree to not Smoke in the Rental vehicle, and Rental Car Company may impose a fine for violations for this policy. Check with Rental Car Company for their other rules and guidelines. Please obtain a Rental Car Drive Guide when picking up the car - as these are some of the best island maps available.
- MOTORCYCLES: Valid motorcycle license required from your home state; riders must be 21 years or older.
- INFANT AND AGE FACTORS: Rate for all Participants (Adult, Teen, Child and Infant) are based on age at time of travel. Infants under the age of two are free, if designated free, on Participants'/Purchasers' Enrollment Form and only if the infant is to be a Lap Child. Lap Child means the infant will sit on Participant's/Guardian's lap on flights, tours and activities and will share adult's food when dining. There will be no individual seat provided for a Lap Child.
- EXCLUSIONS: Rates do Not include expenses and items Not specifically mentioned on the Operator's Website, including but not limited to room service, poolside or other bar bills, insurance, telephone calls, laundry service, tips (gratuities) not specifically mentioned, Airline/s baggage check-in and weight charges (Participant/s pay/s these directly to Airline/s), flight change fee, hotel and resort fees (unless stated), parking fees, and other items of a personal nature. See Exclusions in RENTAL CAR Section. Does not include Transportation between your home and departure airport. Excludes expenses incurred due to weather, terrorist acts, civil disorders, strikes, natural disasters, airline delay, government shutdowns, and other. (Operator is not responsible for these). No flight insurance, life insurance nor medical insurance is provided by Operator. Operator recommends Participant purchase these independently. Options are not included in Basic Package Rate - and are offered at an extra charge.
- PHYSICAL CHALLENGES OR DISABILITIES: Any physical challenge or disability requiring special attention or treatment must be thoroughly communicated with Operator when reservations are requested. Wheelchair passengers must be accompanied by a responsible adult fully able to assist the passenger. Transfers and Tour Vehicles generally do not have facilities for boarding passengers in wheelchairs, and any cost arising from the need to use alternate transportation must be paid by the passenger concerned directly as incurred. Participant &/or Purchaser must be aware that some of the events and activities included in our Vacation Packages, which involve Transportation by bus, van, sailing or power vessel, do not have facilities for accommodating wheelchair passengers. Participant/s certifies not to have any mental, physical or other condition or challenge that would create a problem for himself/herself or other passengers.
- TRAVEL AGENTS and GROUP COORDINATORS: Travel Agents and Group coordinator/s, etc. are solely responsible for all monies placed in their care for Operator's Vacation Package and/or travel arrangements. Travel Agents and Group Coordinator/s are solely responsible for thoroughly and completely reviewing Operator's General Information, Terms and Conditions on Operator's Website in full with each Participant &/or Purchaser. Operator assumes no responsibility for Purchaser's money paid to Travel Agent, Group Coordinator, or any third party until such money has been paid to Operator (and signed receipt issued). The General Information, Terms and Conditions on Operator's Website supersedes any and every verbal promise and/or written and/or published promise, contract, agreement, brochure, etc. that any third party may release. If payment was made to Travel Agent and/or Group Coordinator and/or any third party - Purchasers' refund will come from such - and not from Operator. No part of Operator's Website and the General Information, Terms and Conditions shown therein may be altered by any Travel Agent, Group Coordinator, or any third party. None of Operator's Vacation Packages and offers listed on Operator's Website may be altered in any way without written permission from authorized Officer of Operator. Packages and Options must be marketed exactly as shown on Operator's Website.
- SAFETY: The Operator strongly asks the Participants to apply all common sense safety while on their vacation as they would at home, e.g. swim only where there are lifeguards, and check with them about water conditions, currents, holes, reefs, etc. before entering. Avoid walking on rocks along the ocean - there may be a sudden surge of waves "out of nowhere". Flash floods sometimes occur along streams. Hike only with others, only on public hiking trails and take care not to wander off trail. See officials for hiking info. Avoid isolated areas, and always drive with care, etc. Oceans have sharks. Operator recommends renting and using safety flotation device for snorkeling and for all water activities, to rent and use hotel safes, to lock auto and to never leave valuables in auto. Operator is not responsible for theft of or lost items or money. A sunburn can greatly diminish one's enjoyment of Paradise, Operator recommends applying plenty of high SPF waterproof sunscreen.
- ALCOHOL: Some of the Vacation Package activities include complimentary alcoholic beverages as a standard feature. Operator's recommendation is moderation. Operator cautions those who participate in alcohol consumption to take care not to drive, cross streets, swim, and etc. while under the influence. Participant &/or Purchaser waives any claim against Operator and Operator's Representatives and Marketing Agents for any accident, loss, injury, damage, death or other cause to Participant and/or others due to non-compliance of this adamant recommendation.
- SPECIAL REQUESTS: Operator welcomes special requests from Participant/Purchaser for their vacation, and will present these requests to the Operator's Suppliers (Airlines, Hotels, etc.), however, Requests are simply that, requests - and are Not guarantees. Operator is not responsible for Suppliers not fulfilling such requests.
- ABBREVIATIONS: Dbl. Occ. or Dbl.=Double Occupancy (2 Adults per Room); TPL=Triple Occupancy (3 Adults per Room); QUAD=Quadruple Occupancy (4 Adults per Room); RW2PA=Rooming with Two Paying Adults; T=Teen; C=Child; Adj.=Adjustment; Nt=Night, D=Day, Opt=Option, RT=Round-Trip, Cat=Category, PP=Per Person, Pkg.=Package, P/U=pick- up, TCPP=Trip Cancellation Protection Plan, OV=Ocean View, OF=Ocean Front, POV=Partial Ocean View, MTN=Mountain View, GDV=Garden View, DLX=Deluxe, CV=City View, BDRM=Bedroom, KTNT=Kitchenette, PC=Per Couple (Call for other).
- RESPONSIBILITY: The Vacations shown on Operator's Website have been specially arranged by the Operator. Operator's suppliers providing air, ground and water sightseeing and transportation, food service, and other services and arrangements, and providing hotel accommodations for these Vacations, are independent contractors, and are not agents or employees of Operator, nor any of the Operator's affiliates. Operator and its Agents and Representatives have no ownership interest whatsoever in any hotel, bus, cruise, tour, transportation or service company of any kind in the State of Hawaii. As a result, Operator its Agents and Representatives are not liable for any negligent or willful act or failure to act of any such person or entity or of any third party. All documentation, receipts, and tickets are issued subject to the terms and conditions specified by the suppliers. By utilizing the services of these suppliers, Participant &/or Purchaser agree that neither the Operator, nor any of Operator's affiliates, Representatives, or Agents shall be liable for any accident, loss, injury, death, damage or other cause to person or property of Participant, and to those traveling with Participant, in connection with any accommodations, air, ground and water transportation and sightseeing, food service, and other service company or supplier resulting from their breach of contract with Operator, and/or resulting from any act of negligence of such, and/or resulting directly or indirectly from any occurrences or conditions beyond their control, including, but not limited to, defects in vehicles, mechanical failure, breakdown in equipment, labor strikes, or other labor activities, civil disorders, inclement weather conditions, mechanical or other failure of airplane or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time, natural disasters, perceived act of God, or Force Majeure, criminal or terroristic acts, government shut-downs, theft, delays, overbookings, mistakes or wrongdoing by employees, staff, Agents, or Representatives, cancellations or changes in itineraries, or schedules, etc. (The Participant &/or Purchaser waive any claims against Operator and the Operator's Representatives and Agents for any of the above). The Terms under which Participant &/or Purchaser agree to take these Vacations cannot be changed or amended except in writing, and signed by an authorized officer of Operator. The Operator reserves the right to decline to accept, or retain any person as a member of the Vacation, at any time prior to departure or during the course of the Vacation, and any form of abusive behavior prior to or during Vacation can result in a Participant &/or Purchaser initiated cancellation, with appropriate fees. Participant/s &/or Purchaser/s agree to be financially responsible for libel and/or slander, as determined solely by Operator, including all legal fees. Operator's calls are monitored and recorded for training and quality assurance. Vacation may be altered in the unlikely event that Participants' safety or convenience may be jeopardized. Adult/s taking children and teens assume full responsibility for their care and safety, and Operator is not responsible for such. Participant &/or Purchaser and their representative/s agree, in the event of a liability claim against one or more of Operator's suppliers due to any cause whatsoever, that they will correspond, deal and settle directly with the supplier/s, and will not involve Operator. Participant &/or Purchaser agree that Operator and the Operator's affiliates, Representatives, and Agents are not to be held liable for any accident, loss, injury, death, damage or other cause to person or property during any portion of the following; Automobile Island Exploration, Rental Car, Weddings and Vow Renewal Ceremonies (including transportation to and from), Bicycle, Moped, Motorcycle, Hiking Excursions; and during any Helicopter Tour, Rafting, Kayaking, Scuba Diving, Horseback Riding, Snorkeling Expeditions and/or any other Vacation Feature Choices or Options (including transportation to and from any of these). Participant &/or Purchaser agree that any Airlines or other Air Carrier/s used are not to be held responsible for any act, omission, or event during the time Participant is NOT on-board their aircraft or conveyance. The same applies to The Hotels and/or Resorts when not on their premises. The Vacation Features, Choices and Options described on Operator's Website/s and brochures are furnished by independent contractors who are neither servants of, nor joint ventures or partners, with Operator or with one another. Each Operates independently of the other. Participant/Purchaser agree to Not bring any legal claim against Operator, Operator's Representatives, and Agents for any cause. Participant/Purchaser agree that any and all legal claims will only be brought against Operator's Suppliers in the unlikely event of Suppliers negligence or perceived negligence. It is the responsibility of the E-Signer of the Operator's Enrollment Form (Contract) to notify all traveling under their booking confirmation number that initial deposit for the booking binds each Participant &/or Purchaser to each and all of Operator's General Information, Terms and Conditions, whether or not Participants/s &/or Purchaser sign said agreement. E-Signer is responsible for thoroughly reviewing Operator's Vacation Package and Operator's Terms and Conditions with each Participant &/or Purchaser. No one is allowed to participate in an Operator's Vacation Package without agreeing to all of the Operator's General Information, Terms and Conditions. It is the responsibility of the Participant/Purchaser to provide Operator with current contact information.
- ARBITRATION: All arbitration - including BBB - shall be in accordance to all Terms and Conditions stated herein - only, and in accordance with the rules of the American Arbitration Association then existent in the state designated by Operator.
- LIMITATION OF LIABILITY: By booking a Vacation through Operator, Participant &/or Purchaser acknowledge that, in all events, the Operator, the Operator's Agents and Representatives shall not be liable for any consequential damages, and that the sole extent of the Operators', the Operator's Agents' and Representatives' cumulative liability shall never exceed the amount actually paid by Purchaser/s to the Operator. All Legal, etc. fees will not be paid by Operator or Operator's Agents and Representatives. It is agreed that any litigation involving Operator can only be brought in the courts in the State of Hawaii, and all Operator's legal and other expenses will be paid for other. Operator makes no implied or express warranties about its Packages.
- PRIVACY STATEMENT: Aloha Hawaiian Vacations - Overman Hawaii Int'l absolutely protects all information given to our Company by our clients. All client personal information - including physical address/s, email address/s, phone number/s, fax number/s, credit card information, debit card information, banking data and other personal information is kept strictly confidential - and is not given or sold to any third party. Only select, specially appointed staff members have access to this information. Client information is stored on a secure site on one of America's largest and safest online services companies, and is confidential. Our company does not use online cookies. Client data confidentiality is assured.
- GIFT CERTIFICATES: Aloha Hawaiian Vacations' Gift Certificates Make Excellent Wedding, Anniversary, Graduation, Birthday and Christmas Gifts. Coordinate this idea with family, friends, relatives, associates and others. These Gift Certificates are also excellent incentive gifts for companies to utilize to increase productivity performance. These Gift Certificates may be applied toward any Aloha Hawaiian Vacations - Overman Hawaii Int'l Inclusive Vacation Package, Wedding Package or any AHV option/s. (Aloha Hawaiian Vacations' Gift Certificates have no expiration date, are non-refundable but are transferable). Call 800-256-4211 or email us at email@example.com for more information.
- HAWAII DRESS CODE: Dress code in Hawai'i and for Operator's Vacation Packages is casual. Jackets are not required for men at dinners or shows. Casual attire reflects the friendly "hang loose" lifestyle of the islands. Relax and enjoy the "Aloha Spirit."
OUR TWO UNIQUE PLANS THAT OFFER FINANCIAL SECURITY
- TRIP CANCELLATION PROTECTION PLAN (hereinafter referred to as "TCPP"): Cancellation penalties can be severe, however, our unique and excellent Trip Cancellation Protection Plans can add financial security and peace of mind. TRIP CANCELLATION PROTECTION PLAN is offered as follows for a minimal per ADULT rate of $58 (Teen and Child $39) for PREMIER Packages without Flights included - and per ADULT rate of $98 (Teen and Child $69) for PREMIER Packages with Flights included - and $38 per ADULT (Teen and Child $19) for SAVER Packages. If taken, Operator will WAIVE ALL cancellation fees as stated in the Cancellation section of Operator's General Information, Terms and Conditions for cancellation for Any cause up to 49 days prior to departure date, and thereafter (until initial departure check-in time) for death of participants immediate family member (parent, sibling, children, or grandparent) or medically verifiable unforeseeable serious illness or serious injury of Participant. (Normal cancellation fees as per Cancellation section of Operators General Information, Terms and Conditions apply if TCPP is declined.) Serious illness and injury are defined as an illness or injury that would cause Participant to be medically prescribed bedridden during the time of scheduled vacation (Excludes common cold and flu). The TCPP may be purchased only when initial Vacation deposit is made. Later payment cannot be accepted, and if it is accepted by mistake, will be non-bindingly refunded upon knowledge of mistake. If TCPP is purchased, and the Vacation Participant &/or Purchaser cancel (up to initial departure check-in time), ALL monies paid to Operator for Vacation Package and Adjustments, less the per person TCPP rate, deductible and options, will be refunded (see REFUNDS Section on Gen. Info-Terms and Conditions). (An Operator Cancellation number required). Options may also be covered ($50 option deductible) for an additional $20 per person. Participation in the full TCPP is Strongly Recommended. The TCPP deductible is $287 for Premier Packages, and $138 for Saver Packages, which will be WAIVED if Vacation is rescheduled instead of cancelled. If TCPP was taken, Participant &/or Purchaser may reschedule up to 47 days from initial departure date without a fee and at original Basic Package enrollment rates, and travel up to 300 Days from date of rescheduling; and with a rescheduling fee of $185(pp) for Premier Packages and $98(pp) for Saver Packages for rescheduling 46 days or less from initial departure date. An Operator rescheduling number is required and rescheduling is not available once vacation begins. New travel date is required when rescheduling. (Rescheduling is subject to flight and hotel wholesale availability and current Adjustment rates apply). TCPP expires immediately once Participant/s travel has begun. Original TCPP purchased does not apply to rescheduled or subsequent travel and is nontransferable. There is no cash value for non-used TCPP. TCPP is calculated per couple (including their minors) when more than one couple is traveling together. CANCELLATION guidelines apply to Participant/s' &/or Purchaser/s' vacation if not covered by TCPP. The TCPP does not cover any flights (airfare) that Participant/Purchaser purchase on their own and which is not included in the Operator's Vacation Package. Call 1-800-256-4211 for other details. Payment of Vacation Package deposit verifies Participant/s' &/or Purchaser/s' acceptance of and agreement to all the Operator's General Information, Terms and Conditions and to the Arbitration Agreement General Information. This unique Plan is Strongly Recommended.
- RATE PROTECTION PLAN: Simply make a 39% deposit of the total Vacation price when booking and Operator will GUARANTEE Your Rates (for original departure date) - regardless of ANY amount of airfare, hotel, or other supplier increases which may take place prior to your departure date! (Some packages - such as Christmas travel may require a larger deposit to guarantee rates). Most promotional specials will require a 39% deposit. (Most other companies do NOT protect you from increases until you pay in full). The remaining 61% of the total Vacation price will be due 69 days prior to travel.
- ELECTRONIC SIGNATURES: Operator will email Participant/Purchaser an Enrollment Form (Contract) requiring an E-Signature Agreement of the Operator's General Information, Terms and Conditions when booking reservation with simple instructions for E-Signing. E-Signature and/or initial payment by Participant/s &/or Purchaser/s verifies their Agreement to and performance of their obligations to all the Aloha Hawaiian Vacations - Overman Hawaii Int'l, LLC (Operator's) General Information Terms and Conditions and verifies that this Agreement is a valid and legal binding Agreement with Operator, and is enforceable in accordance with all of the Terms and Conditions listed herein. Operator recommends printing a copy of the General Information, Terms and Conditions on Operator's Website at time of booking. Adults' E-Signature verifies adults' agreeing to and assuming full legal responsibility for all minors (teens, children, or infants) listed on the Enrollment Form.
- DEFINITIONS OF ELECTRONIC SIGNATURE: Electronic means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities and Electronic Signature means an electronic symbol or signature attached to, or logically associated with a record, and used by a person with the intent to sign the record.
- VALIDITY OF ELECTRONIC SIGNATURES: On June 30, 2000, the USA President signed into law the Electronic Records and Signatures in Commerce Act (or Electronic Signatures Act) to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce. The president signed the act both electronically and using the more traditional pen-and-ink. The Electronic Signatures Act (Public Law No: 106-229) went into effect on October 1, 2000 and gives electronic contracts the same weight as those executed on paper.
- ELECTRONIC SIGNATURE AGREEMENT: By signing any Operator's Agreement electronically, you (Participant &/or Purchaser) agree your E-Signature is the legal equivalent of your manual/handwritten signature. By signing electronically using any device, means or action, you consent to the legally binding Terms and Conditions of Aloha Hawaiian Vacations - Overman Hawaii Int'l, LLC (Operator's) Agreement and subsequent Operator approved addendum/s. You further agree that your E-Signature on any Operator's document is as valid as if you signed the document in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you and Aloha Hawaiian Vacations - Overman Hawaii Int'l, LLC (Operator). Your E-Signature verifies that you understand and agree to each and all of the Aloha Hawaiian Vacations - Overman Hawaii Int'l, LLC (Operator) Terms and Conditions.
- Revised: September 4, 2014