BOOKING TERMS & CONDITIONS FOR JOURNEYS

(EFFECTIVE September 4, 2024)

IMPORTANT INFORMATION ABOUT THESE TERMS
When you complete your Booking, you accept these Terms and Conditions (“Terms”) and any other terms and conditions that you are provided during the booking process. These Terms include an agreement to mandatory binding individual arbitration, which means that you agree to proceeding in court. These Terms also include your waiver of any right to bring, or participate in, a class action and a jury trial waiver. If anything in these Terms is (or becomes) invalid or unenforceable, it will still be enforced to the fullest extent permitted by law and you will still be bound by everything else in these Terms. For all other terms and conditions, please refer to abercrombiekent.com/terms.

Definitions

“A&K” means Abercrombie & Kent USA, LLC and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers, and all employees, officers, pilots, crew members and agents of such individuals, companies and entities. A&K’s address is 1411 Opus Place, Suite 300, Downers Grove, Illinois 60515.

“Booking” means the Guest or Guest’s agent to enter into a Contract with the Company.

“Booking Terms and Conditions” or “Terms” means these terms and conditions and the information contained in A&K brochures, its website and/or other information that will form the express terms of your Contract with A&K.

“Contract” means the contract between A&K and the Guest for the Tour Package as reflected in the confirmation invoice sent by A&K to Guest’s Travel Advisor or directly to Guest.

“Journeys” means those journeys offered by A&K including but not limited to Luxury Small Group, Marco Polo, Family, Limited Edition Small Group Journeys, Select Journeys, Connections and Connections European River Cruise Journeys, Wings Over the World Journeys, Luxury Expedition Cruises, Tailor Made and Private Journeys, Private Estates, Educational Study Tours and all related Group Extensions.

“Group Journeys” means those journeys offered by A&K including but not limited to Luxury Small Group, Marco Polo, Family, Limited Edition Small Group Journeys, Select Journeys, Connections and Connections European River Cruise Journeys, Wings Over the World Journeys, Luxury Expedition Cruises and all related Group Extensions.

“Limited Edition Small Group Journeys” means those journeys operated by Abercrombie & Kent (Australia) Pty. Ltd.

“Educational Study Tour” means those journeys intended for Travel Advisors selected at the sole discretion of A&K for business purposes to provide education and familiarization. Deviation from the published itinerary, including participation in site inspections, is not permitted.

“Guest” means each person, including minors, named either on the booking confirmation, on the invoices, or on a ticket issued by A&K.

“Guest with Disabilities” means any Guest who has special needs.

“Private Estates” means those overnight stays at a private property from the curated portfolio contracted by A&K on behalf of our guests.

“Minor” means any person under the age of 18.

“Refund” means a return of all or part of the fare paid and is applicable only on the conditions described herein. A Refund may, at A&K’s sole option, be issued in the form of a travel credit which shall have no cash value.

Select Journeys: Australia & New Zealand: The Lands Down Under; Borneo: Land of the Orangutan; Brazil: Wildlife of the Amazon, Pantanal & Iguazu Falls; Colombia: Bogotá to Cartagena (2024); Cruising the Mekong: Siam, Saigon & Angkor Wat; Easter Island & the Tapati Festival; Egypt & the Nile: A Holiday Journey; Family Galápagos (2024); Finland & Sweden: Adventure Across Lapland; Galápagos Wildlife Adventure (2024); Hidden Wonders of Colombia; India Wildlife Safari; Madagascar: Island of Lemurs & Baobabs; Mongolia: Naadam Festival & the Khan Legacy; Morocco: Tangier & the Blue City; Namibia: Dunes & Desert Safari; Oman & the Emirates: Sands of Time; Patagonia: The Last Wilderness; Peru by River & Rail; Peru: Machu Picchu & the Amazon; Peru: Machu Picchu & the Sacred Valley; Pharaohs & Pyramids; Saudi Arabia: A Kingdom Revealed; South Korea & Japan: Cultural Legacies; Southern India: Temples & Traditions; Splendors of Chile, Argentina & Brazil; Splendors of Morocco; Taj Mahal & the Treasures of India; and Wonders of the Galápagos & Machu Picchu.

“Travel Advisor” means any travel agent or any website not owned or operated by A&K and used by the Guest to book their Tour Package.

“Tour Package” means the Journey whether or not in combination with any flights.

“Website” means the set of related web pages, documents and hypertext links served from the web domain www.abercrombiekent.com.

1. DEPOSIT/PAYMENT INFORMATION
A deposit is required to confirm a reservation that shall be determined at the time of booking. For reservations confirmed in U.S. Dollars, final payment in the form of a check or all major credit cards must be received on the date determined at the time of booking. If applicable, please contact your Travel Advisor for complete details. Failure to strictly comply with the deposit and final payment schedules, or any other applicable policies and procedures, will result in the automatic cancellation of pending reservations.

For payments by mail, send to:

ABERCROMBIE & KENT USA, LLC
1411 Opus Place
Ste 300
Downers Grove, Illinois 60515

Deposit per Person Required at Time of Booking

Final Payment Due Dates

If your reservation is made inside of the final payment window, the entire cost of the trip must be paid at the time of the request in order to secure confirmation.

For Tailor Made journeys, additional deposits may be required for planes, vessels and trains, including private charters; select accommodations as noted in your proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival seasons.

An additional nonrefundable permit fee is required at time of booking for journeys including Uganda and Rwanda.

2. GUARANTEED DEPARTURES
All Group Journeys excluding Wings Over the World Journeys, Luxury Expedition Cruises, Private Jet, Inspiring Expeditions by Geoffrey Kent and related extensions are guaranteed to operate with a minimum of two (2) persons unless noted on the itinerary. Guaranteed departures will operate except only in cases of force majeure, which could include any major world event adversely affecting international travel patterns or other circumstances beyond A&K’s control.

3. INCLUDED IN ALL JOURNEYS
All accommodations, meals and fully guided sightseeing as noted in the itinerary; park and entrance fees; coffee/tea/soft drinks/water at included meals; local bottled water during sightseeing; porterage of up to two (2) pieces of baggage per person; complimentary Internet access (where available on cruises and at land accommodations excluding Limited Edition Small Group Journeys; service levels are not guaranteed); hotel taxes and internal airfare where indicated.

Group Journey Additional Inclusions:
Services of A&K Resident Tour Director or appropriate guide on Pre- and Post-Tour Extensions; local wine and beer at all designated welcome and farewell dinners and with all lunches and dinners on Connections European River Cruise Journeys; and gratuities throughout, except to the Resident Tour Director/Extension guide/East Africa safari driver-guides.

Luxury Small Group, Marco Polo, Family and Wings Over the World Journeys Additional Inclusions Excluding Climb Kilimanjaro:
Private airport transfers regardless of day of arrival and departure. A&K’s Travelling Bell Boy Service is provided; however, because of security regulations, this service may be limited at airports, rail stations and points of embarkation for cruises. A&K’s Traveller’s Valet includes laundry service for eight (8) pieces per person once during journey (excludes Pre- and Post-Tour Extensions). Dry cleaning is not included. A&K’s Breakfast in Bed service is included on select days up to two times per journey (2024 only; limitations may apply for safari journeys).

Limited Edition Small Group Journeys Additional Inclusions:
Private airport transfers regardless of day of arrival and departure; local wine and beer at all designated lunches and dinners; all gratuities throughout inclusive of the Resident Tour Director.

Luxury Expedition Cruises Additional Inclusions:
Airport transfers to/from hotel/ship in the first/last published city (transfers may be shared and included on start and end dates only). Complimentary bar drinks, beer, house wine, soft drinks, coffee drinks, juices and water (excluding premium wines, champagne and spirits) while on board; complimentary local beer and wine for included meals on shore; local bottled water during sightseeing; complimentary room service on board; all shore excursions and lecture program while on board; A&K’s Traveller’s Valet laundry service for eight (8) pieces per person once during cruises fewer than 12 nights and twice on cruises 12 nights or longer on board only (dry cleaning excluded); services of the A&K Expedition Team and local guides; gratuities for the ship’s crew and A&K Expedition Team and Pre- and Post-Tour guides; a complimentary expedition parka and backpack and use of waterproof boots, pants and trekking poles provided on board for all polar cruises.

Tailor Made and Private Journey Additional Inclusions:
Private sightseeing (except for shared excursions from safari camps/lodges, cruise vessels and trains or other exceptions), as noted in the itinerary; private arrival and departure transfers.

Canal Barge Additional Inclusions:
All meals from dinner on day of embarkation through breakfast on day of disembarkation; all alcoholic and non-alcoholic beverages on board the vessel and transfers to/from the vessel as indicated in the itinerary.

Private Estates Additional Inclusions:
A dedicated local host to serve as a concierge for the length of stay; meet-and-greet arrival service at the airport; private airport transfers; welcome and farewell dinners at the villa, prepared by a local chef; continental breakfast served daily at the villa; wine-tasting at the villa with a sommelier; one cooking class with a local chef at the villa; one 60-minute photography session with a professional photographer at the villa; pre-arrival grocery fulfillment (excludes cost of groceries); daily housekeeping; a case of Tuscan wine delivered to the villa.

Africa Journeys Additional Inclusions:
Safari duffel on journeys in East and Southern Africa. Porters on Climb Kilimanjaro and Uganda Gorilla trekking programs. Medical evacuation service, when available, including air transportation to medical care facilities, is included within Kenya, Tanzania (excluding climbing Kilimanjaro), Botswana, Zambia and Zimbabwe. Hospitalization and medical expenses are the sole responsibility of the guest.

4. NOT INCLUDED IN JOURNEYS
A&K’s Guest Protection Program; international airfare, unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; gratuities to the Resident Tour Director/Extension guide/East Africa safari driver-guides; meals other than those specified in the itinerary; room service (except on board Luxury Expedition Cruises); beverages other than those noted in inclusions above or specified in the itinerary; sightseeing not included in the published itinerary; and personal expenses such as laundry (except for A&K’s Traveller’s Valet as noted), communication charges, Internet access for all trains; and optional activities (which are subject to availability).

Tailor Made, Private Journey, Private Estates and Canal Barge Additional Exclusions:
All gratuities; any meals for your guide if you invite him/her to dine with you.

Private Estates Additional Exclusions:
Groceries; additional optional touring.

5. HOTEL CHECK-IN
Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it requires an additional room night to be confirmed. Please ask A&K for details and prices. Requests for early check-in based on hotel availability cannot be guaranteed and are at the sole discretion of the hotel.

6. ROOM UPGRADES/SPECIAL REQUESTS
Upgrades are typically available on request at individual hotels for an additional cost. Please ask A&K for details and prices. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.

7. ITINERARIES
A&K reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

Due to the nature of Luxury Expedition Cruises, itineraries are for guidance purposes only and may be adjusted due to unforeseen circumstances including but not limited to weather, wildlife, ice, mechanical and other malfunctions, medical emergencies and other conditions beyond A&K’s control at the sole discretion of the Captain on board.

For Canal Barge cruises, some waterways may be subject to occasional closures due to drought, storms, floods, canal or lock repairs or other unforeseen circumstances. In the event of such an occurrence, the vessel may remain stationary, with guests accommodated on board and continuing excursions until cruising can resume. Alternatively, the cruise route may run in reverse or guests may be moved to an alternative vessel of a similar standard and/or cruise a different waterway. All decisions are at the sole discretion of the Captain.

8. AIR TRANSPORTATION
International airfare (to the Journey starting point and from the ending point) is not included in program pricing. A&K has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is included and must be purchased from A&K. In the instance where charter flights are used and seating is limited, A&K reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international air quotes are subject to change until final payment has been received by A&K. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by A&K.

All air carriers are independent contractors and are not owned, managed, controlled or operated by A&K. Your airline ticket constitutes a contract between yourself and the airlines (and not A&K), even if purchased through A&K. A&K shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, insufficient travel documentation, flight changes and/or cancellations. Should you change or cancel your international air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.

9. BAGGAGE
A&K provides porterage of up to two (2) pieces of baggage per person. Please note: Should your journey include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply.

Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and A&K assumes no liability for lost, stolen or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.

10. PRICES AND ARRANGEMENTS
Quoted Journey prices are per person, double occupancy except where indicated. Although not expected, prices may be modified due to unexpected significant external factors not forecasted at the time of publishing. A&K is under no obligation to give a breakdown in costs of any Journey. Pre- and Post-Tour Extensions are only available to guests booked on related group journeys. Modification of program content to accommodate a smaller group size will not affect the published program price. Any modifications to a Tailor Made itinerary, including dates or number of people travelling, will require a revised proposal. Private Canal Barge charter prices apply to use of the entire barge up to the published maximum capacity.

Marco Polo savings excluded on A&K's Guest Protection Program, internal and international air, additional hotel nights, incentive group programs, Private Jet Journeys, Inspiring Expeditions by Geoffrey Kent, Limited Edition Small Group Journeys, and select promotional rates. Savings will be applied after other applicable promotions.

11. CHILD POLICY
All children under the age of 18 must be accompanied by an adult. Unless otherwise indicated herein the minimum age to participate in a Journey is ten (10) years old.

Ages

* varies by vessel for Canal Barge charters and is at the discretion of the vessel owner.

A&K reserves the right to marginally exceed the published maximum group size on Family Journeys to accommodate a family. Note that some accommodations require that children below a certain age share a room with an adult.

The parent or guardian travelling alone with a child is recommended to carry documentation that proves their relationship to the child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Guests travelling with children who are not related are recommended to carry documentation which provides evidence they have permission to travel with the child. Guests are advised to check with the appropriate government authority to determine the necessary documents required for travel with children. A&K cannot be held responsible should the guest, child or any member of the travelling party be denied entry to a country due to noncompliance with a country’s requirements.

12. ACTIVE ELEMENTS & FITNESS TO TRAVEL
The suppliers of some activities on Journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the Journeys as intended, a minimum level of fitness is required.

By booking a Journey, Guest represents that Guest and Guest’s travelling party are physically and emotionally fit to travel and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or result in a deviation of the Journey. Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the Journey is requested to notify A&K in writing at the time of the booking of such special needs. Upon booking the Journey, Guests who have special needs are requested to contact A&K at 800 323 7308 to discuss details of their special needs. A&K recommends that any Guest who is not self-sufficient should travel with a companion who shall take responsibility for any personal assistance needed during the Journey.

For Luxury Expedition Cruise Journeys, due to ship restrictions, women who will be at least twelve (12) weeks pregnant at the start of the cruise, or any time during the sailing, will not be permitted to travel.

13. A&K’S GUEST PROTECTION PROGRAM
Travel insurance is not included in the price of the booking and is strongly encouraged. Beginning October 1, 2023, you may purchase A&K’s Guest Protection Program administered by Allianz Global Assistance (which provides cancellation benefits, emergency medical benefits, and protection for lost, stolen, or damaged luggage). Benefits take effect the day A&K receives payment for the plan. The Guest Protection Program is available up to final payment. However, the plan must be paid for no later than final payment to be eligible for waiver of the pre-existing medical condition exclusion. Additional terms apply. The Guest Protection Plan with Cancel Anytime must be paid for within 14 days of the initial trip deposit. Cancel Anytime can provide reimbursement up to 75% of non-refundable trip costs if you need to cancel for any unforeseeable reason. This plan is not available on certain journeys. The plan cost is calculated based on the total price of your travel arrangements. For more information, visit Allianz Global Assistance. Insurance benefits are subject to the terms, conditions, and exclusions in the plan, including an exclusion for pre-existing conditions.

Prior to October 1, 2023, you may have purchased A&K’s Guest Protection Program administered by Aon (which provides cancellation coverage, medical coverage and protection against lost or stolen or damaged luggage) or A&K’s guest protection program with Cancel For Any Reason (CFAR) coverage for an additional fee. Coverage takes effect the day A&K receives payment for the plan. The Guest Protection Program is available for purchase until the day of final payment for your journey; however, the plan must be purchased within 14 days of the date your initial trip deposit is received by A&K in order to waive the pre-existing medical condition exclusion. Additional terms apply. The Cancel For Any Reason program is only available for purchase within 14 days of the date your initial trip deposit is received by A&K (additional terms apply). CFAR provides reimbursement of up to 75% of non-refundable cancellation charges but is not available on select journeys or to New York residents. The cost of coverage is calculated based on the total cost of your travel arrangements. For more information, visit affinitytravelcert.com/abk. Insurance coverages are subject to the terms, limitations and exclusions in the plan, including an exclusion for pre-existing conditions.

Special Requirement for Select Luxury Expedition Cruises:
Due to the remote locations, A&K requires proof of a minimum of $100,000 per person in emergency evacuation/repatriation insurance for all polar cruises and other select Luxury Expedition Cruises as specified at the time of booking. This minimum amount is included in A&K’s Guest Protection Program. If you do not purchase A&K’s Guest Protection Program, we require proof of alternative coverage. Please note emergency evacuation insurance provides benefits for the costs associated with covered emergency evacuation and repatriation up to the limits of the respective plan; however, it does not guarantee the timing, method or mode of such evacuation and repatriation, which is subject to weather, location and other conditions or variables outside of A&K’s control.

14. PASSPORTS AND VISAS
It is the Guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for U.S. and Canadian citizens travelling to all international destinations. Passports must be valid for six (6) months after completion of the Journey and should also have sufficient blank visa pages for entry and exit stamps. Many destinations also require a visa for U.S. and Canadian citizens; this will be indicated in your Pre-Travel Documentation. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by A&K that result from improper documentation or noncompliance with applicable regulations. A&K shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.

15. PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES
“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present, including a cruise ship. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC and others worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness.

Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges that participation in a Journey is entirely voluntary. By participating in a Journey, Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about travelling and is strongly encouraged to consult with a medical provider before deciding to participate in a Journey based on Guest’s individual risk.

Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by A&K and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities or A&K, which may include testing before, during and after your Journey; (b) submission to enhanced health screening for signs and symptoms of or known exposure to Communicable or Infectious Diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to Communicable or Infectious Diseases such as COVID-19 as determined by A&K at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for Communicable or Infectious Disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following A&K physical distancing requirements.

You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by A&K and/or Public Health Authorities and/or other governing bodies are subject to change. A&K reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is your sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols.

It is the responsibility of the Guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency travel warning against travel to the specific destination location(s) of the Journey, should the Guest still choose to travel, notwithstanding any travel advisory, the Guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against. You are also strongly encouraged to review any CDC travel advisory, warning, or recommendation relating to travel prior to making your Journey reservation at https://www.cdc.gov, and to visit the U.S. State Department’s website at http://travel.state.gov.

16. CANCELLATION CHARGES
Cancellations will be effective on the date of receipt by A&K whether by phone or email. Cancellations received by A&K are subject to the following cancellation fees:

CANCELLATION FEES PER PERSON
Luxury Small Group Journeys, Marco Polo Journeys, Family Journeys, Connections Land Journeys, and related Group Extensions (except Select Journeys as listed above)

Connections European River Cruise Journeys, Select Journeys and related Group Extensions

Limited Edition Small Group Journeys

Luxury Expedition Cruises and related Group Extensions

Wings Over the World Journeys (journeys that include European destinations)

Wings Over the World Journeys (journeys that do not include European destinations)

Tailor Made and Private Journeys

Canal Barge Cruises

Private Estates

Tailor Made Additional Cancellation Fees:
Additional cancellation fees may apply to planes, vessels and trains including private charters; select accommodations as noted in Guest’s proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival season.

Changes to the Itinerary:
Guests will be responsible for any changes or cancellations made to the itinerary at their request or beyond their control, before or during travel, including expenses incurred due to a change, delay or cancellation of any flights.

Private Estates Damages:
Where a Guest books a Private Estate, the Guest will be responsible for any damages to the property (including any property within it or any gardens) that occur during their stay whether caused by willful or accidental damage by any members of Guest’s party. As a condition of your Booking we shall also require details of a credit card in the Guest’s name at the time of final payment. Prior to commencement of the Journey, we will carry out a pre-authorization check to ensure that the credit card details are valid. We shall hold such details securely on file until the Booking is complete and we have confirmation that no damages have been incurred. This is to protect against the cost of any damage or loss caused by willful or accidental damage by members of the party that may occur during your stay. By making a booking and supplying your credit card details, you authorize us to take payment of up to $2,500 to cover the cost of any damages. It is essential that you reconcile any damages or extra costs incurred with us prior to departure from the property, as you authorize the Company to automatically debit your card to the value of such damages up to $2,500. For damages in excess of $2,500, Guest will be notified of the amount and shall be responsible for making payment of any excess upon demand.

Partial Room Cancellation:
If a Guest cancels or leaves a Journey and a traveller remains, an additional supplement may apply to the price for the remaining Guest.

CANCELLATION CHARGES FOR INTERNAL AIR
All internal air is 100% non-refundable at time of final payment (some exceptions may apply).

CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with A&K journeys are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.

17. FORCE MAJEURE
Force majeure means unusual and unforeseeable circumstances beyond A&K's control or the control of our suppliers, the consequence of which neither A&K, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers. In the event of a cancellation or material alteration to the Journey as a result of the circumstances as described in this clause, A&K shall have no liability whatsoever for any travel related costs incurred by Guest, including but not limited to air, insurance, visas and other travel arrangements of any kind.

18. A&K APP
A&K may provide information for your Journey via a web platform and an A&K mobile app (the “App”). The use of the App is merely intended to offer an interactive option to view your itinerary and other related information. Once downloaded, you are subject to the A&K privacy policy and terms of use as found in the App. You are responsible if you provide access or use of the App to any members of your travelling party.

19. PHOTOGRAPHY DURING TRAVEL
A&K reserves the right to take photographs and video of Guests during the operation of any Journey or part thereof and to use, re-use, publish, and republish their image, identity likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a Journey with A&K, Guests acknowledge that A&K is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter be used by A&K. Guests who prefer that their images not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey; and (2) notify their A&K Travel Consultant by email, not later than thirty (30) days following the end of the Guest’s Journey. In the event the Guest fails to comply with both obligations, the Guest shall not be exempt from this section. If such written notice is not timely provided, the Guests, individually and on behalf of any Minor travelling with them, have granted unrestricted rights and permission for A&K to use the Images.

20. LIMITS ON A&K’S RESPONSIBILITY FOR THIRD PARTIES WHO PROVIDE GOODS AND SERVICES
A&K purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including, from time to time, other affiliates of A&K). Neither A&K nor its parent company, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “A&K Parties”), own or operate any transportation, lodging accommodations on land, restaurants, ground transport and other goods and services for your trip. All such persons and entities are independent contractors. As a result, the A&K Parties are not liable for any injury to Guest, including any negligent or willful acts of any such person or entity or of any third person providing such goods and services.

In addition and without limitation, the A&K Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in the Journeys.

If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, polar plunge, snowmobiling, primate tracking and any other activity which A&K considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death, and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the A&K Parties from any liability whatsoever related thereto.

Further, as consideration for being permitted to participate in the Activities; you release the A&K Parties, whether known or unknown, from, and agree not to sue or make claim against the A&K Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the A&K Parties and/or from any defect in equipment. You further agree to indemnify and hold the A&K Parties harmless with respect to any claim made against the A&K Parties by anyone else (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the A&K Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.

21. AMENDMENTS
A&K reserves the right to correct any errors or omissions in its published materials and to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by A&K to the Website. Guests should check the Website prior to travel in order to ensure they are aware of any changes.

22. IMPORTANT LIMITATIONS ON THE COMPANY’S LIABILITY
Nothing in these Terms shall limit or deprive A&K of the benefit of any applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability. In the event multiple statutes, laws or conventions may apply, A&K shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws or conventions, in which case A&K shall be entitled to invoke the limitation which provides the most favorable limitation to A&K.

(A) Time Limits For Claims
A&K shall not be liable for any claims whatsoever unless full particulars in writing are given to A&K within thirty (30) days after the Guest completes the Journey. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six (6) months after the date Guest completes the Journey, and unless served upon A&K within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the Americans with Disabilities Act (ADA), trade practices and/or advertising.

(B) Small Claims under $8,000
Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of, related to, or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and A&K in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in DuPage County, Illinois, U.S.A. to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.

(C) Arbitration for All Claims Over $8,000
Any and all disputes, claims, or controversies whatsoever whether brought based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with these Terms and the booking of the Journey, no matter how described, pleaded or styled, between the Guest and A&K, in which Guest or any other claimant asserts damages for more than $8,000.00 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in DuPage County, Illinois, U.S.A. to the exclusion of any other forum. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available to any such arbitration proceeding in DuPage County, Illinois. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its comprehensive dispute resolution rules and procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. Each party shall bear their own costs and fees associated with any such filing. If guest has a question about the arbitration process or wants to obtain a current copy of the comprehensive dispute resolution rules and procedures and/or fee schedule, guest may contact NAM at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court in DuPage County, Illinois). The arbitrator’s decision will be final and binding.

(D) Jurisdiction, Venue and Jury Trial Waiver
Except as provided above and only if the above-referenced arbitration clause is ruled unenforceable by a court of law, it is agreed by and between the Guest and A&K that all disputes and matters whatsoever related to, arising under, in connection with or incident to these Terms, shall be litigated, if at all, before the United States District Court For The Northern District of Illinois in Chicago or, as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in DuPage County, Illinois, U.S.A. to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available. If a matter is brought in the federal courts of the United States and no diversity jurisdiction exists, then the matter must proceed under the court’s admiralty jurisdiction and guest may not be allowed a trial by jury. If a matter proceeds under the court’s admiralty jurisdiction, then carrier consents to a trial by jury pursuant to Federal Rule of Civil Procedure 39(C). Guest acknowledges and understands that a federal court presiding over the matter under admiralty jurisdiction may not grant a trial by jury despite carrier and Guest’s request for a trial by jury, and in such event, Guest knowingly and voluntarily waives a trial by jury.

(E) Arbitration Rules and Jury Trial Waiver
Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator’s decision will be final and binding. Other rights that guest or carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carrier and guest further agree to permit the taking of a deposition under oath of the guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of section 22(d) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this clause.

(F) Governing Law
A&K bookings are deemed to be contracts made in the state of Illinois and are governed by Illinois law.

(G) Class Action Waiver
Guest hereby agrees that these Terms provide for the exclusive resolution of disputes through individual legal action on each Guest’s behalf rather than any class, collective or representative action. Guest may only bring claims against A&K Guest's individual capacity. Even if the applicable law provides otherwise, Guest agrees that any arbitration or lawsuit against A&K whatsoever shall be litigated by Guest individually and not as a member of any class or as part of a class or representative or action, and Guest expressly agrees to waive any law entitling guest to participate in a class action. If Guest’s claim is subject to arbitration as provided in section above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration. The validity and effect of this class action waiver may be determined only by a judge or court of law and not by an arbitrator. Guest agrees that carrier can receive immediate judicial assistance to enforce this class action waiver.

(H) Claims for Emotional Distress
A&K shall not be liable to the Guest for any emotional distress, mental anguish or psychological injury of any kind, except where said emotional distress, mental anguish or psychological injury was the result of either (a) physical injury to the Guest caused by the negligence or fault of A&K or (b) the Guest having been at actual risk of physical injury and such risk was caused by the negligence or fault of A&K.

(I) Claims of Improper Performance or Breach of the Contract
A&K’s liability for improper performance or breach of the Contract shall be limited to a maximum of two times the price which the Guest paid for their Tour Package.

(J) No Consequential, Indirect or Punitive Damages
Notwithstanding anything to the contrary elsewhere in these Terms, in no event shall A&K or its members, partners, shareholders, directors, officers, managers, employees or agents be liable for any indirect, consequential, incidental or punitive damages (including but not limited to damages for lost profits, loss of revenue, loss of use, loss of contract or other opportunity, for any other consequential or indirect loss or damage of a similar nature) arising out of the transaction contemplated herein.

23. PRIVACY NOTICE
See the A&K USA Privacy Notice, which can be found at abercrombiekent.com/privacy, and which is incorporated herein.

©2024 ABERCROMBIE & KENT USA, LLC, ABERCROMBIE & KENT, A&K, CONNECTIONS, CONNECTIONS BY ABERCROMBIE & KENT, DESIGN YOUR DAY, INSPIRING EXPERIENCES, GUARDIAN ANGEL, MARCO POLO CLUB, MARCO POLO JOURNEYS, RESIDENT TOUR DIRECTOR, SIGNATURE SERIES, SIMPLY THE BEST WAY TO TRAVEL, TRAVELLER’S VALET, TRAVELLING BELL BOY and the ampersand design are service marks owned by A&K Sarl.

CST #2007274-20