The participant acknowledges receiving, reading, and agreeing to the terms and conditions set forth below covering the charter to be operated by Vacations-Hawaii. Please read this agreement and sign it. Otherwise, Department of Transportation regulations prevent us from carrying you, and we may not accept your payment. No employee or Travel Agent has the authority to change this agreement.

RESPONSIBILITY: Vacations-Hawaii, 1585 Kapiolani Blvd., Suite 900, Honolulu, Hawaii 96814, is the principal responsible for arranging and providing all of the services and accommodations offered in connection with this charter flight, provided, however, that in the absence of Vacations-Hawaii’s negligence, Vacations-Hawaii is not responsible for personal injury or property damage caused by the air carrier, hotel or other suppliers of any of the services being offered in connection with the charter.

AIRLINE/AIRCRAFT: The flight(s) will be performed by Omni Air International, Inc., utilizing DC10-30 aircraft with 355 seats or B757-200 aircraft with 194 seats. The air carrier may substitute comparable aircraft, if necessary. Vacations-Hawaii reserves the right to substitute another carrier and/or to make stops en route.

BAGGAGE LIABILITY: Liability for lost or damaged baggage is limited by the airline to a total of $2,500.00 per passenger for all checked baggage.

TOUR CONTRACT: The tour itinerary, name and location of hotels, length of stay at each hotel, and other ground accommodations and services, including the price and payment schedule, are set forth on the on the attached tour itinerary form, which is a part of this contract. Tour prices may be increased up to the time of payment.

MAJOR CHANGES/CANCELLATION BY VACATIONS-HAWAII: Vacations-Hawaii may cancel or change the particular charter or charters due to inadequate participation or for any other reason. A "major change" is defined on the back of this contract. If Vacations-Hawaii learns of a major change ten (10) or more days before the scheduled departure, it will notify you with in seven (7) days after first learning of it, but in any event at least ten (10) days before departure. If Vacations-Hawaii learns of a major change less than ten (10) days before the departure, it will notify you as soon as possible. Within seven (7) days of receiving a pre-departure notification of a major change but in no event later than departure, you may cancel and a full refund will be made to you within fourteen (14) days after canceling. Upon receiving post-departure notification of a major change, you may reject the substitution or change and be sent, within fourteen (14) days after the return date listed on the attached itinerary, a refund of the portion of your payment allocable to the accommodations or transportation not provided.

In the event of a cancellation by Vacations-Hawaii, Vacations-Hawaii will notify you within seven (7) days of the cancellation but at least ten (10) days before the scheduled departure. Vacations-Hawaii may not cancel the charter or charters less than ten (10) days before departure, except for circumstances that make it physically impossible for it to perform the charter trip, in which case Vacations-Hawaii will notify you as soon as possible. If Vacations-Hawaii cancels the particular charter or charters, it will make a full refund to you within fourteen (14) days after the cancellation.

CANCELLATION FOR MAKING FALSE/MISLEADING STATEMENTS: If you purchase a charter package that does not include hotel accommodations based on a representation that you are separately reserving hotel accommodations at a property owned by Boyd Gaming Corporation, Vacations-Hawaii reserves the right, at any time, to verify whether you have made such a hotel reservation and to cancel your charter reservation if you are found not to have already made such a hotel reservation. If Vacations-Hawaii cancels your reservation pursuant to this provision, you will be entitled to no refund.

INSURANCE: Trip cancellation, health, and accident insurance is available. If you would like Vacations-Hawaii to furnish details to you, please check this space. ___________

FINANCIAL SECURITY: All checks and money orders must be made payable to the Vacations-Hawaii Escrow Account. First Hawaiian Bank, or to the travel agent who has sold you this contract, in which case the travel agent must make the check or money order payable to the Vacations-Hawaii Escrow Account, First Hawaiian Bank. Your payments will be held in a client trust account at First Hawaiian Bank, 2411 South King Street, Honolulu, Hawaii 96826, until travel is completed. First Hawaiian Bank, 2411 South King Street, Honolulu, Hawaii 96826, has issued a security agreement to protect the charter participants’ funds. First Hawaiian Bank will be released from all liability under the security agreement to you unless you file a claim with Vacations-Hawaii or First Hawaiian Bank within sixty (60) days after termination of the charter. Termination means the date of arrival (or intended date of arrival) of the return flight.

FAILURE TO CHECK IN/BOARD AIRCRAFT: Neither Vacations-Hawaii nor Omni Air International, Inc. will be responsible or liable for the transportation of passengers who fail to report at the specified check-in point at the airport one (1) hour prior to the scheduled departure time of the flight or who are, through no fault of Omni Air International, Inc. or Vacations-Hawaii, not aboard the aircraft at the time of departure.

CANCELLATIONS/CHANGES BY YOU: If you cancel your reservation, your right to receive a refund is limited, as described below. Any refund due to you will be sent within 14 days of the cancellation or substitution of a new tour participant, as applicable.

1. You will be given a full refund if you cancel this contract before you sign it and you paid for your reservation by credit card.
2. You will be given a full refund, less a $25 per person service fee, if: (a) you provide a substitute tour participant for your reservation before canceling, (b) Vacations-Hawaii is able to resell your canceled reservation (as evidenced by a full manifest for the flight), or (c) you or your companion decease before the departure. Your “companion” is the person who is your confirmed scheduled roommate during the tour.
3. You will be given a full refund, less a $75 per person service fee, if you cancel your reservation more than twenty-one (21) days before departure.
4. Other cancellations or changes are not permitted, and no refund will be provided.

FLIGHT SCHEDULE CHANGE: Any change in itinerary, delay, or cancellation by the airline will not be the responsibility of Vacations-Hawaii.

INTER-ISLAND CONNECTIONS: Any intra-Hawaii air transportation you may purchase, whether from Vacations-Hawaii or a third party, is not a part of the charter transportation Vacations-Hawaii and Omni Air International are providing. The terms and conditions on which such inter-island travel will be provided are not governed by this charter tour contract but by the Contract of Carriage of the air carrier that will operate the inter-island flight(s). Any such inter-island transportation purchased from Vacations-Hawaii is sold by Vacations-Hawaii solely as the agent for the carrier(s) operating the inter-island flight(s), and Vacations-Hawaii has no obligation or responsibility to passengers for the performance of those flights. Passengers purchasing inter-island travel are solely responsible for making connections between those flights and the charter flights, and Vacations-Hawaii assumes no responsibility or obligation to passengers who may miss connections for any reason, including any delay in the performance or cancellation of the charter flights.

RELOCATION: Unusual situations may occur in which case the hotel identified on the itinerary may not be able to provide accommodations as agreed upon. Should such an event occur, Vacations-Hawaii reserves the right to provide comparable accommodations at another hotel.

NOTICE:

1. Air seats and hotel rooms are valid only for the travelers indicated on the charter documents. Vacations-Hawaii and Omni Air International, Inc. may require positive identification of the traveler’s identity at any time.
2. Unauthorized passengers or unregistered hotel guest may be denied service or subject to criminal trespass or other charges applicable under law.
3. Vacations-Hawaii will bear no responsibility or liability for persons violating airline or hotel policies.
4. Meal coupons are for hotel guests only. Guests must be twenty-one (21) years of age. Coupons are non-transferable and not redeemable for cash. Coupons are void if detached. One coupon book per person.

RIGHTS AND REMEDIES: The rights and remedies described in this contract, including the procedures for major changes, are in addition to other rights and remedies available under applicable law. However, Vacations-Hawaii conditions any refund to you on your waiver of additional remedies.

DECLARATION: I have read the tour participant contract and hereby consent to accept all terms and conditions set forth. (One participant may sign for additional passengers traveling together).

As used in this agreement, the term "Major Change" means:

1. A change in the departure or return date shown in the operator-participant contract (or, if the contract states alternative dates, the date designated to the participant by the character operator in accordance with 14 CFR §380.33a(b)), unless the change resulted from a flight delay. In any event, however, a date change that the operator knows of more than 2 days before the scheduled flight date, and any delay of more than 48 hours, will be considered a major change.
2. A change in the origin or destination city shown in the operator-participant contract for any flight leg (or, if the contract states alternative cities, the city designated to the participant by the operator in accordance with 14 CFR §380.33a(b)), unless the change affects only the order in which cities named in a tour package are visited;
3. A substitution of any hotel that is not named in the operator-participant contract; or
4. A price increase to the participant that occurs 10 or more days before departure and results in an aggregate price increase of more than 10 percent.

Consumer’s Rights
(Chapter 468L, Hawaii Revised Statutes)

As a consumer, you have the following rights regarding the purchase of travel and travel related services from travel agencies registered in Hawaii.

The right to be informed by the travel agency, prior to the purchase of travel services from the travel agency, of any limitations, conditions, events, circumstances, or other business or commercial factors which may affect the availability of the travel services and your ability to obtain a refund of monies paid for the travel services.

The right to rely on any promises, guarantees, representations, or information provided by the travel agency, regarding travel services. These include, but are not limited to: 1) the availability of travel services offered or sold by the travel agency; 2) the conditions for obtaining a refund of monies paid for the travel services; and 3) the nature or quality of the travel services provided.

The right to have the travel agency fulfill any term or condition of the contract for travel services between you and the travel agency, whether the term or condition was made in writing or otherwise by the travel agency.

The right to have the travel agency fulfill any promises, guarantees, or representations made by the travel agency regarding travel services, whether the promises, guarantees, or representations are made by the travel agency in written or verbal form.

The right to be informed of any conditions upon which the contract between the travel promoter and the entity providing the transportation or related services may be cancelled, and the respective rights and obligations of all parties in the event of cancellation.

The right to obtain the ticket or other similar documentation for travel services from the travel agency, upon making payment in full to the travel agency.

The right to a refund within 14 calendar days from the date the refund is requested of all monies paid to the travel agency for travel services which are not performed in accordance with the contract for travel services. However, the travel agency may withhold any amounts for cancellation fees previously disclosed to you, and any amounts held by the ultimate provider of the travel services, or by a representative that the ultimate provider required the travel agency to contract with.

The right to bring legal action against any travel agency that violates these rights.

(Taken from the Hawaii State Department of Commerce and
Consumer Affairs, DCCA Form #1, September 1991)