Terms & Conditions
We are AP Custom Travel, LLC and are excited to help you with your travel. The following terms & conditions (the "Agreement") describe what you can expect from us. The terms "we", "us", and "our" refer to AP Custom Travel, LLC and the term "you" and "your" refers to the client(s) who sign this agreement.
1. USE OF AP CUSTOM TRAVEL, LLC SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with us. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your
household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with us and our suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.All bookings are accepted by us as your agent for the travel suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation. Any purchase of travel-related goods and services that you select, you understand and are in agreement to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider on an itinerary you have approved. The lead passenger assumes the responsibility of sharing these terms and conditions with each passenger in their group, including payment of all amounts when due. It is the responsibility of each passenger to read our terms and conditions in its entirety. In addition, we reserve the right to modify these Terms and Conditions at any time.
AP Custom Travel, LLC is an independent contractor of Uniglobe Travel Center. The Seller Of Travel for California, Florida, and Washington apply to any agency that does business with residents of those states. They are extraterritorial laws meaning that the law extends far beyond the borders of the state. We do not have to reside in the regulating state; we could reside anywhere in the world but it would have to comply with California, Florida, and Washington Sellers of Travel. Seller Of Travel Numbers:
CALIFORNIA CST 2055333-40
FLORIDA ST32940
WASHINGTON 601809585
2. PAYMENTS AND CANCELLATIONS
Availability and price quotes are applicable to the date and time at which they are requested, are subject to change and based on availability, and cannot be guaranteed until payment is made.
Quotes in a foreign currency fluctuate with exchange rates and international payments may carry a foreign transaction fee.
We will make every effort to honor the price as originally quoted, however, under certain circumstances additional costs by a supplier or government may be imposed due to an increase in the cost for one or more of the travel components.
Flight confirmation is subject to availability and prices are subject to change after the date of deposit, including price increases in the fee for a seat assignment, fee for baggage, applicable fuel surcharges, or an increase in a government imposed fee or tax.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through us. By submitting a credit card authorization form to us, you agree to allow us to use your payment method to purchase travel products from our Suppliers on your behalf. While we do accept major credit cards including Visa, Mastercard, American Express and Discover, you must provide us a signed charge authorization agreement for every transaction for your trip. Your authorization is a binding agreement for us to charge your card as indicated per the invoice and you agree to refund policies and procedures as outlined in these terms and conditions. EXCEPTING IN CASES OF FRAUD, INCLUDING A FORCE MAJEURE EVENT AS DEFINED HEREIN, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF AP CUSTOM TRAVEL, LLC OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF AP CUSTOM TRAVEL, LLC OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, WE RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to us in writing. As a result of cancellation, AP Custom Travel, LLC's and third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.
3. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. everyone carry acceptable identification in order to board a flight: http://www.tsa.gov/traveler-information/acceptable-ids. Acceptable identification examples are DHS-designated enhanced driver's license, passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing you to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. We are not responsible for costs incurred by incorrect information provided for travel planning including reservations and airline tickets.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT US IMMEDIATELY IF ANY INFORMATION IS INACCURATE.
We strongly recommend that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. You are responsible to make us aware when traveling on a passport from a country other than the United States of America. We neither control nor warrant the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, AP Custom Travel, LLC is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis. Children and infants also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see below for additional information.
https://help.cbp.gov/s/article/Article-3643
The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting your privacy.
5. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline
representative(s) on their itinerary. Restrictions on hazardous materials are listed below.
http://www.tsa.gov/traveler-information/prohibited-items.
6. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time:
http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
7. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. We shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by your health practitioner on a valid vaccination certificate, which you must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Website http://travel.state.gov for relevant information relating to travel to specific destinations, and
the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
8. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
We shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares. Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure
time for domestic flights, and 72 hours prior for international flights.
9. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. You are advised to reserve early to avoid disappointment, increases in fares and additional late booking
fees.
10. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel. Some group tours are based on minimum numbers of passengers traveling; if the number of
passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy. If you decide to change any portion of your confirmed arrangements prior to departure or during
your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to us.The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and we bear no responsibility for any changes.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
AP Custom Travel, LLC acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of AP Custom Travel, LLC. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE AP CUSTOM TRAVEL, LLC ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE
SERVICES. WE HEREBY DISCLAIM ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH AP CUSTOM TRAVEL, LLC, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFULL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF OUR CONTROL, AND YOU HEREBY EXONERATE AP CUSTOM TRAVEL, LLC FROM ANY LIABILITY WITH RESPECT TO THE SAME.
AP CUSTOM TRAVEL, LLC HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM AP CUSTOM TRAVEL, LLC WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY AP CUSTOM TRAVEL, LLC.
12. RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. We urge you to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions
in various countries and the level of risk associated with travel to particular international destinations can be found
at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, WE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT YOUR OWN RISK.In the event of emergent health or safety concerns, once we have investigated the prevailing situation, we shall have the sole and absolute discretion whether to proceed with any AP Custom Travel, LLC escorted trip or private departure, or to make alterations to the itinerary.
13. FORCE MAJEURE
We will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication
facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of
availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of AP Custom Travel, LLC. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of our suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although we shall use its reasonable efforts to secure reimbursement for you where possible.
14. CLIENT CONDUCT
Each participant in any trip escorted with us is expected to act responsibly and adhere to all behavior guidelines established by AP Custom Travel, LLC and its Suppliers. We and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold us or any of our related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
15. TRAVEL INSURANCE
WE OFFER ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY.
TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL
ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, portions of the trip/tour may not be refunded and AP Custom Travel, LLC and its
travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of your travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by us, however if you decline to purchase insurance, we will require that you execute an insurance waiver. We are not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. WE CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
16. RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
17. FORUM Selection
This Agreement shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions. You agree that any claim or dispute you may have against AP Custom Travel, LLC must be resolved by a court located in Fort Bend County, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts
located within Fort Bend County, Texas for the purpose of litigating all such claims or disputes.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
18. INDEMNIFICATION
I accept that AP Custom Travel, LLC is not responsible for, nor will I attempt to hold them liable for any injury, damage or loss I may suffer on the account of any conditions, actions or omissions that are beyond reasonable control.
I will review my travel documents for accuracy upon receipt and understand that I may contact AP Custom Travel, LLC if I have any questions. I understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money. Conversely, cancellation of any aspect of my travel arrangements may result in financial penalties, in accordance with the Supplier's cancellation policies.
I understand that the Transportation Security Administration requires me to carry a government issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on my identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight.
I agree that this disclaimer includes the entire traveling party and that in the event of any disputes; they may only be litigated in the state of Texas, with a maximum penalty not to exceed the total earned by AP Custom Travel, LLC in the original transaction.
19. MEDIATION & ARBITRATION
If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees.
20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
These Terms and Conditions (and any other terms and conditions referenced herein constitute the entire agreement between the Client and AP Custom Travel, LLC with respect to travel bookings made with AP Custom Travel, LLC by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and AP Custom Travel, LLC with respect to communications with AP Custom Travel, LLC. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.