(EFFECTIVE April 10, 2025)

IMPORTANT NOTICE TO GUESTS

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY ABERCROMBIE & KENT USA, LLC AND ACCEPTED BY GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS (“TERMS”) BELOW. WHEN THE GUEST COMPLETES THEIR BOOKING, THE GUEST ACCEPTS THESE TERMS AND ANY OTHER TERMS AND CONDITIONS THAT THE GUEST IS PROVIDED DURING THE BOOKING PROCESS.

THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. IT IS IMPORTANT THAT THE GUEST CAREFULLY READS ALL OF THE TERMS.

THE GUEST’S ATTENTION IS SPECIFICALLY DIRECTED TO SECTIONS 20, 22, 26 AND 27, WHICH CONTAIN SIGNIFICANT LIMITATIONS ON THE GUEST’S RIGHT TO ASSERT CLAIMS, INCLUDING DISCLAIMERS, WAIVER OF WARRANTIES, A WAIVER OF A TRIAL BY JURY, A WAIVER OF ANY RIGHT TO BRING, OR PARTICIPATE IN, A CLASS ACTION, FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, AND AGREEMENT TO SUBMIT ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION TO MANDATORY BINDING ARBITRATION.

IF ANYTHING IN THESE TERMS IS (OR BECOMES) INVALID OR UNENFORCEABLE, IT WILL STILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW AND THE GUEST WILL STILL BE BOUND BY ALL OF THE OTHER TERMS. For all other terms and conditions, please refer to A&K’s website at abercrombiekent.com.

Abercrombie & Kent USA, LLC and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, and all employees, officers, and agents of such individuals, companies and entities requires that Guest or anyone else accessing and/or using our: (i) telephone contact centers(s), (ii) website(s), (iii) mobile application(s), or (iv) any other digital or telephonic properties or services, that provide travel content, products, or services (each, a "Digital Platform") adhere to the following Terms. By accessing A&K’s Digital Platforms, Guest indicates that Guest acknowledges and agrees to these Terms, and any other terms and conditions provided on/through a Digital Platform or herein, including, without limitation, Expedition Cruise Additional Terms and Booking Terms & Conditions for Private Jet Journeys & Inspiring Expeditions by Geoffrey Kent, each of which are incorporated herein and form part of these Terms.

These Terms apply to the relationship between Guest and A&K concerning the booking of the Tour Package and Journeys and the Tour Package and Journeys covered by this Contract. Together, the items described in the preceding sentence constitute a contract between the Guest, on behalf of themselves and all other persons travelling under Guest’s booking (including any accompanying minors or other persons for whom the Tour Package or Journey was purchased), and A&K to be bound by these Terms. Guest and A&K agree that the booking of the Tour Package and Journey are subject to the terms and conditions set forth below. In addition, Guest acknowledges the availability of, and Guest agrees to abide by, these Terms, including but not limited to certain payment terms such as minimum deposit requirements and payment due dates, including refunds. In the event of any conflict between a brochure or other written material or website materials and these Terms, these Terms shall prevail. All capitalized words are defined below.

DEFINITIONS

2025 Select Journeys: Australia & New Zealand: The Lands Down Under; Borneo: Land of the Orangutan; Brazil: Wildlife of the Amazon, Pantanal & Iguazu Falls; Cruising the Mekong: Siam, Saigon & Angkor Wat; Easter Island & the Tapati Festival; Egypt & the Nile: A Holiday Journey ; Finland & Sweden: Adventure Across Lapland; 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 and all Small Group Journeys including a European River Cruise.

“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 but does not include those third-party, independent contractor Suppliers and Service Providers that provide Journeys, accommodations, transportation, sightseeing, or any other activities associated with a Tour Package or Journey which is operated outside of the United States of America and arranged by and booked through Abercrombie & Kent USA, LLC. A&K may license qualified professional Suppliers and Service Providers to administer Journeys and Guest may be subject to the separate terms and conditions of the service providers in any country where Guest’s Tour Package travel will take place.

“Booking” means the Guest or Guest’s agent’s agreement to enter into a Contract with Abercrombie & Kent USA, LLC

“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, which expressly includes these Booking Terms and Conditions.

“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.

“Group Journeys” means those journeys offered by A&K including but not limited to Small Group Journeys, Select Journeys, Small Jet Journeys, Expedition Cruises and all related Group Extensions.

“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.

“Journeys” means those journeys offered by A&K including but not limited to Small Group Journeys, Select Journeys, Small Jet Journeys, Expedition Cruises, Tailormade Journeys, Private Journeys, Canal Barge Cruises, Sanctuary Stays, Private Estates, Educational Study Tours and all related Group Extensions.

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

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

“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.

“Sanctuary Stays” means those overnight stays at A&K Sanctuary lodges, camps or riverboats.

“Service Provider” or “Service Providers” means any third parties and/or independent contractors, their parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents, and assigns that are responsible for administering Journeys and providing certain content, products, and services available by and through A&K, including, without limitation, providing services of Suppliers.

“Suppliers” means suppliers that includes, without limitation, suppliers of air travel, lodging accommodations, car rental, cruises, tours, other transportation, restaurants, or other suppliers of services hired, retained, or used by Services Providers in connection with providing services related to Guest’s Journey and Tour Package. Suppliers are independent contractors acting only as an agent for Service Providers.

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

“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.

“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, wire transfer 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

2025 Small Group Journeys and Private Journeys - $1,000

2025 Expedition Cruises - $2,500

2026 Small Group Journeys and Private Journeys - 10% of program price

*2026 Expedition Cruises booked prior to April 10, 2025 - $2,500

2026 Expedition Cruises booked April 10, 2025 or after - 15% of program price

Small Jet Journeys; Tailormade Journeys;

Canal Barge Cruises; Private Estates; Sanctuary Stays - 25% of program price

Educational Study Tours - Full payment

Final Payment Due Dates

120 days prior to departure for all Journeys except the following:

2025 Small Group Journeys excluding Select Journeys - 90 days prior to departure

Small Jet Journeys excluding Europe - 180 days prior to departure

Educational Study Tours - At time of confirmation

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

For Tailormade journeys and Sanctuary Stays, 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 Small Jet Journeys, Expedition Cruises, Private Jet, Inspiring Expeditions by Geoffrey Kent and related extensions are guaranteed to operate with a minimum of two (2) persons unless otherwise 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

The following amenities/services are included in all Journeys: (1) all accommodations, meals and fully guided sightseeing as noted in the itinerary; (2) park and entrance fees; (3) coffee/tea/soft drinks/water at included meals; (4) local bottled water during sightseeing; (5) porterage of up to two (2) pieces of baggage per person; (6) complimentary Internet access (where available on cruises and at land; service levels are not guaranteed); and (7) hotel taxes and internal airfare where indicated.

Group Journey Additional Inclusions:
In addition to the inclusions identified for all Journeys, Group Journeys shall also include: (1) services of A&K Resident Tour Director or appropriate guide on Pre- and Post-Tour Extensions; (2) local wine and beer at all designated welcome and farewell dinners and with all lunches and dinners on European River Cruises on Small Group Journeys; and (3) gratuities throughout, except to the Resident Tour Director/Extension guide and East Africa safari driver-guides (2025 only).

Small Group and Small Jet Journeys Additional Inclusions Excluding Climb Kilimanjaro:
In addition to the inclusions identified for all Journeys, Small Group and Small Jet Journeys (excluding Climb Kilimanjaro) shall also include: (1) private airport transfers regardless of day of arrival and departure, (2) 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, and (3) A&K’s Traveller’s Valet includes laundry service for eight (8) pieces per person once during journey (excludes Pre- and Post-Tour Extensions) but dry cleaning is not included.

Expedition Cruises Additional Inclusions:
In addition to the inclusions identified for all Journeys, Expedition Cruises shall also include: (1) airport transfers to/from hotel/ship in the first/last published city (transfers may be shared and included on start and end dates only), (2) complimentary bar drinks, beer, house wine, soft drinks, coffee drinks, juices and water (excluding premium wines, champagne and spirits) while on board; (3) complimentary local beer and wine for included meals on shore; (4) local bottled water during sightseeing; (5) complimentary room service on board; (6) all shore excursions and lecture program while on board; (7) 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); (8) services of the A&K Expedition Team and local guides; (9) gratuities for the ship’s crew and A&K Expedition Team and Pre- and Post-Tour guides; and (10) for all polar cruises a complimentary expedition parka and backpack and use of waterproof boots, pants and trekking poles provided on board.

Tailormade and Private Journey Additional Inclusions:
In addition to the inclusions identified for all Journeys, Tailormade and Private Journeys shall also include: (1) private sightseeing (except for shared excursions from safari camps/lodges, cruise vessels and trains or other exceptions), as noted in the itinerary; and (2) private arrival and departure transfers.

Sanctuary Stays in Camps and Lodges Additional Inclusions:
In addition to the inclusions identified for all Journeys, Sanctuary Stays in Camps and Lodges shall also include: (1) all meals, (2) alcoholic and non-alcoholic beverages, (3) game drives (excluding Gorilla Forest Lodge), (4) emergency medical evacuation, (5) laundry services, and (6) transfers to/from the nearest local airstrip (excluding Gorilla Forest Lodge). Additional transfer fees may apply in the event the nearest airstrip is not operational or accessible.

Canal Barge Additional Inclusions:
In addition to the inclusions identified for all Journeys, Canal Barge Journeys shall also include: (1) all meals from dinner on day of embarkation through breakfast on day of disembarkation; and (2) 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:
In addition to the inclusions identified for all Journeys, Private Estates shall also include: (1) a dedicated local host to serve as a concierge for the length of stay; (2) meet-and-greet arrival service at the airport; (3) private airport transfers; (4) welcome and farewell dinners at the villa, prepared by a local chef; (5) continental breakfast served daily at the villa; (6) wine-tasting at the villa with a sommelier; (7) one cooking class with a local chef at the villa; (8) one 60-minute photography session with a professional photographer at the villa; (9) pre-arrival grocery fulfillment (excludes cost of groceries); (10) daily housekeeping and (11) a case of Tuscan wine delivered to the villa.

Africa Journeys Additional Inclusions Excluding Sanctuary Stays:
In addition to the inclusions identified for all Journeys, Africa Journeys shall also include: (1) safari duffel on journeys in East and Southern Africa,(2) porters on Climb Kilimanjaro and Uganda Gorilla trekking programs, and (3) 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

The following are not included in Journeys: (1) A&K’s Guest Protection Program; (2) international airfare, unless otherwise noted; (3) costs associated with obtaining passports or entry visas; (4) reciprocity and other border fees; (5) airport departure taxes, unless otherwise noted; (6) excess baggage charges; (7) gratuities to the Resident Tour Director/Extension guide and East Africa safari driver-guides (2025 Small Group Journeys only); (8) meals other than those specified in the itinerary; (9) room service (except on board Expedition Cruises); (10) beverages other than those noted in inclusions above or specified in the itinerary; (11) sightseeing not included in the published itinerary; (12) personal expenses such as laundry (except for A&K’s Traveller’s Valet as noted), (13) communication charges, Internet access for all trains; and (14) optional activities (which are subject to availability).

Tailormade, Private Journey, Sanctuary Stays, Private Estates and Canal Barge Additional Exclusions:
In addition to the exclusions for all Journeys identified above, Tailormade, Private Journey Sanctuary Stays, Private Estates and Canal Barge Journeys also do not include the following: (1) All gratuities; (2) any meals for your guide if you invite him/her to dine with you.

Private Estates Additional Exclusions:
In addition to the exclusions for all Journeys identified above, Private Estates also do not include the following: (1) Groceries; and (2) 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.

Additionally, to be able to accommodate Guest’s specific requests such as, for example, adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs, please advise A&K of Guest’s specific request at the time of booking. A&K will make reasonable efforts to secure Guest’s special requests, but A&K cannot guarantee that Guest’s special request will be met because it is subject to the supplier’s availability and/or capability.

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 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 and are outside of A&K’s control.

Guest understands, acknowledges and agrees that changes to itineraries for any Journey may be made without previous notice to the Guest, and without liability to the Guest for any loss, damage or delay whatsoever, howsoever consequential.

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 airline(s) (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 Tailormade or Sanctuary Stay 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 and select promotional rates. Savings will be applied after other applicable promotions.

11. Travelling with Minors

All Minors must be accompanied by an adult. Unless otherwise indicated herein the minimum age to participate in a Journey is ten (10) years old.

Minimum Ages to Participate in Specific Journeys Identified Below:

Expedition Cruise Journeys: 7 years old

Small Group Journeys including a European River Cruise Journeys: 12 years old

Turkey: A Journey Through History: 13 years old

Tailormade Journeys, Private Journeys, Private Estates: no minimum age unless noted

Sanctuary Stays: minimum age varies and may apply to select activities; children under 15 may be required to share with an adult

Canal Barge Cruises: ranges between 12 and 18 years old*

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

When accompanying a Minor on a Journey, the adult Guest agrees to be the agent of such Minor(s) for all purposes, to accept and maintain full responsibility for supervising, monitoring and ensuring the safety and health of such Minor(s) and to bear full responsibility for the actions of such Minor(s) travelling with the Guest. The Guest further ensures such Minor(s) shall abide by the provisions of these Terms, all applicable rules and regulations, and all applicable laws. The adult Guest further agrees that A&K is not liable for injury to Minor(s) in the adult Guest’s charge arising from the willful or negligent acts or omissions of any Service Providers, Suppliers, or any other third-party. The adult Guest also agrees that under no circumstances will a Minor be left alone on a Journey, while the adult Guest who is responsible for the Minor leaves the Journey for any reason, and in such circumstance the adult Guest agrees to indemnify and hold A&K harmless for any and all loss, injury, or death of the Minor or any other person involving the Minor whatsoever. The adult Guest must accompany all Minors on all Journeys purchased through A&K. Proof of age and/or proof of marriage may be required to be presented at any time.

12. Active Elements; Fitness to Travel; Special Needs; Pregnancy

(A) Active Elements

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.

(B) Fitness to Travel

All Guests are strongly encouraged to contact their physician to discuss their health concerns before travelling. Each Guest warrants that he / she and those traveling with Guest are fit for travel and that such travel will not endanger themselves or others. A&K reserves the right to terminate a Guest’s Journey at any time, at the risk and sole expense of the Guest, when in the opinion of A&K, Guest may create a safety concern, or a disturbance or danger to others.

(C) Special Needs

A&K requests that any condition of Guest that may require a reasonable accommodation, special request, or need of any kind be reported to A&K by Guest at the time of booking the Journey by calling 800-323-7308 or as soon as possible thereafter so that A&K has sufficient time to determine whether the accommodation, special request, or need can be met and, if so, to allow sufficient time to arrange for same. Guest acknowledges that if A&K is not notified of a need for an accommodation, special request or other special need in sufficient time to arrange for same, then Guest may not be able to be accommodated. Guests with special needs are advised that certain international safety requirements, shipbuilding requirements, applicable regulations, and/or the restrictions of certain Journeys may cause difficulty for persons with disabilities, including, but not limited to, mobility, sight and/or hearing impairments. Note also that the Americans with Disabilities does not apply outside of the United States and international travel destinations may present difficulties for persons with special needs. Guest is encouraged to consult with their travel advisor concerning the destinations for travel and whether those destinations may present challenged for the Guest.

(D) Pregnancy

Guest agrees not to present herself for boarding for Expedition Cruise Journeys under any circumstances if she will be at least twelve (12) weeks pregnant at the start of the cruise, or any time during the sailing, which is a requirement due to ship restrictions outside of A&K’s control. Application for passage from an expectant mother must be accompanied by a medical certificate establishing her fitness for travel.

13. A&K’s Guest Protection Program

Travel insurance is not included in the price of the booking and is strongly encouraged. 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, subject to certain exclusions and limitations). 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.

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 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. Travel to Certain Destinations, Safety and Travel Documents

(A) Travel to certain destinations may involve more risk than travel to other destinations; therefore, A&K strongly recommends that Guest reviews current government-issued travel advisories, warnings, requirements, restrictions, weather conditions and public health directives prior to making a reservation and prior to traveling. A&K strongly recommends Guest obtain and consider such information when making travel decisions. A&K assumes no responsibility for gathering such information for or on behalf of Guest. Guest acknowledges and agrees that Guest assumes all risks imposed by travel and that any information provided by A&K, Service Providers, Suppliers, or these Terms shall not replace Guest’s own judicious risk assessment, based on Guest’s personal circumstances, and that of prudent health, safety, and security considerations. Guest assumes responsibility for his/her own comfort and safety and acknowledges and agrees that A&K cannot guarantee Guest’s comfort and safety at any time.

(B) All Guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. Guest acknowledges and agrees that Guest is solely responsible for determining, obtaining, and having available, when necessary, proper documents for travel, for both domestic and international destinations, complying with all entry/exit and other governmental travel requirements or restrictions applicable to/from/within Guest’s destinations of travel, and to comply with all Service Provider and/or Supplier requirements for travel, including, without limitation, completion of health forms and provision of any required health test results. Due to frequent changes, A&K cannot guarantee the accuracy of any information provided on its Website, including, without limitation, information provided by A&K’s travel consultants or any government or third-party websites A&K may reference, and A&K expressly disclaims any and all liability for inaccurate or incomplete information contained on such sites or provided by A&K.

(C) 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, which will be indicated in Guest’s pre-travel documentation. Citizens of countries other than the U.S. should contact the appropriate consular office for entry requirements pertaining to their Journey. Guest may be refused boarding or be disembarked from a plane, vessel or train if Guest does not present the proper travel documents. Under no circumstances shall A&K be liable for a refund, payment, compensation, or credit of any kind, including but not limited to costs, damages, or expenses whatsoever incurred by any Guest as a result of such failure, cancellation, disembarkation or denial of boarding. Guest is solely responsible for all related costs and fines incurred by Guest and/or A&K arising out of, related to, or otherwise in connection with Guest’s improper documentation or noncompliance with applicable law, rules, and/or regulations and any travel expenses or other costs, including for example, for proper travel documentation. Guest acknowledges and agrees that A&K shall not be responsible if any Guest is denied entry to a country due to noncompliance with these requirements.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, A&K DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE, OR WITHOUT RISK, AND A&K IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM CANCELLATIONS OF BOOKINGS, TRAVEL ARRANGEMENTS AND/OR TRAVEL TO SUCH DESTINATIONS.

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
2025 Small Group Journeys and related Group Extensions (except Select Journeys as listed above)

91 days prior to departure or more - $500

90-61 days prior to departure - 20% of program price

60-31 days prior to departure - 50% of program price

30 days prior to departure or less - 100% of the program price

2025 Select Journeys and related Group Extensions

121 days prior to departure or more - $500

120-91 days prior to departure - 20% of program price

90-61 days prior to departure - 50% of program price

60 days prior to departure or less - 100% of the program price

2026 Small Group Journeys and related Group Extensions

121 days prior to departure or more - $500

120-91 days prior to departure - 25% of program price

90-61 days prior to departure - 50% of program price

60 days prior to departure or less - 100% of the program price

2025 Expedition Cruises and related Group Extensions

121 days prior to departure or more - $1,500

120-91 days prior to departure - 25% of program price

90-61 days prior to departure - 50% of program price

60 days prior to departure or less - 100% of the program price

2026 Expedition Cruises and related Group Extensions

121 days prior to departure or more - Loss of deposit up to $3,000 per person

120-91 days prior to departure - 25% of program price

90-61 days prior to departure - 50% of program price

60 days prior to departure or less - 100% of the program price

Small Jet Journeys (journeys that include European destinations)

181 days prior to departure or more - 10% of program price

180-121 days prior to departure - 25% of program price

120-91 days prior to departure - 50% of program price

90 days prior to departure or less - 100% of program price

Small Jet Journeys (journeys that do not include European destinations)

211 days prior to departure or more - 10% of program price

210-181 days prior to departure - 25% of program price

180-121 days prior to departure - 50% of program price

120 days prior to departure or less - 100% of program price

Tailormade, Private Journeys and Sanctuary Stays

121 days prior to departure or more - Private: $500.
Tailormade and Sanctuary Stays: 10% of the program price up to a maximum of $2,500 per person. Additional fees may apply; see below.

120-91 days prior to departure - 20% of program price

90-61 days prior to departure - 50% of program price

60 days prior to departure or less - 100% of program price

Canal Barge Cruises

All Private Charters

121 days prior to departure or more - 25% of program price
120 days prior to departure or less - 100% of program price

Individual Travel

91 days prior to departure or more - 25% of program price
90 days prior to departure or less - 100% of program price

Private Estates

121 days prior to departure or more - 25% of program price

120 days prior to departure or less - 100% of program price

(A) Tailormade and Sanctuary Stays 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.

(B) 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.

(C) 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 A&K 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.

(D) 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.

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

(F) 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

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 whatsoever arising out of, relating to, or otherwise in connection with any act, omission, or circumstance by, or as a consequence of, any act beyond A&K’s, including any of its Service Providers’ and/or Suppliers’, reasonable control, including but not limited to US or foreign governmental advisories or travel warnings, Acts of God, sabotage, failure of Suppliers, act of the public enemy, war or threat of war, invasion, insurrection, riot, safety and security, airport and port closings, late air, sea, car or motor coach departures or arrivals, earthquake, explosion, hostilities, blockades, labor conflicts, strikes, restraint of rulers or princes, collision, 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, public health emergencies, quarantines, pandemics, epidemics or outbreaks of illness, civil commotions, national or regional emergencies, breakdown or machine malfunction, ice conditions, or any other cause or causes beyond A&K’s or its Service Providers’ and/or Suppliers’ control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities (collectively “Force Majeure Event”).

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 Journey-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 videos of Guest during the operation of any Journey or part thereof and to use, re-use, publish, and republish Guest’s image, identity, likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest may be included (each an “Image”), for promotional, commercial, or any other purpose during or after the Journey. Guest further agrees that A&K shall be the owner and have all rights, title, interest and copyrights to all Images, which may thereafter be used by A&K for any purpose. Guest’s consent extends to Minors and other persons in the care and/or charge of any Guest.

By booking a Journey with A&K, Guest acknowledges, understands, and agrees to allow their likeness and image to be used by A&K without compensation to the Guest. Guests who prefer that their images and likeness 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 no later than thirty (30) days following the end of the Guest’s Journey. If Guest fails to comply with both of the foregoing obligations, then Guest agrees to allow their likeness and image to be used by A&K without compensation or liability. If such written notice is not timely provided, the Guest, individually and on behalf of any Minor travelling with him/her, has granted unrestricted rights and permission for A&K to use the Images.

COPYRIGHT OF ALL PHOTOGRAPHS, VIDEO, AND RELATED MATERIALS CREATED BY GUESTS (“GUEST IMAGES”) WILL BELONG TO THE GUEST UPON CREATION. GUESTS AGREE TO GRANT TO THE A&K RELEASED PARTIES, AS DEFINED IN SECTION 20 BELOW, A NON-EXCLUSIVE, WORLDWIDE, IRREVOCABLE LICENSE TO USE ANY GUEST IMAGES PROVIDED TO A&K IN ANY MEDIA FOR THE FOLLOWING LIMITED PURPOSES: EDITORIAL USE, PROMOTION OF THIS EDITORIAL USE, PROMOTION OF A&K’S TRAVEL PROGRAMS, OR PROMOTION OF A&K’S MISSION AND/OR BRAND.

20. Limitation of Liability

(A) SERVICE PROVIDERS AND SUPPLIERS. A&K PURCHASES TRANSPORTATION (BY AIRCRAFT, COACH, TRAIN, VESSEL OR OTHERWISE), HOTEL AND OTHER LODGING ACCOMMODATIONS, RESTAURANT, GROUND HANDLING, TOURS, EXCURSIONS, AND OTHER SERVICES FROM VARIOUS SERVICE PROVIDERS AND SUPPLIERS (INCLUDING, FROM TIME TO TIME, OTHER AFFILIATES OF A&K) FOR TOUR PACKAGES. NEITHER A&K NOR ITS PARENT COMPANY, SISTER COMPANIES, RELATED COMPANIES, AFFILIATES, PREDECESSORS, SUCCESSORS, OR SUBSIDIARIES, NOR ANY OF ITS/THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS, SUCCESSORS, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY THE “A&K RELEASED PARTIES”), OWN OR OPERATE ANY TRANSPORTATION, LODGING ACCOMMODATIONS ON LAND, RESTAURANTS, GROUND TRANSPORT AND OTHER GOODS AND SERVICES FOR GUEST’S TRIP THAT ARE OWNED OR OPERATED BY SERVICE PROVIDERS OR SUPPLIERS. ALL SERVICE PROVIDERS AND SUPPLIERS ARE INDEPENDENT CONTRACTORS. IN CONSIDERATION OF THE SERVICES PROVIDED BY A&K, THE GUEST ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT THE A&K RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY (1) DAMAGE TO, OR LOSS OF, PROPERTY, (2) INJURY TO, OR DEATH OF, GUEST, AND/OR (3) LOSS OF SERVICES, PROFITS, OR MONIES, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR OTHERWISE, ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH ANY ACT OR OMISSION OF ANY SERVICE PROVIDERS AND SUPPLIERS, INCLUDING BUT NOT LIMITED TO ANY DEFECT IN ANY AIRCRAFT, WATERCRAFT, OR VEHICLE OPERATED OR PROVIDED BY SUCH SUPPLIERS, CANCELLATIONS, DELAYS, AND/OR ANY NEGLIGENT OR WILLFUL ACTS OF SERVICE PROVIDERS OR SUPPLIERS, INCLUDING ACTS OF ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS OR ASSIGNS. GUEST HEREBY RELEASES THE A&K RELEASED PARTIES FOR ANY SUCH LOSS, DAMAGE, INJURY, OR DEATH.

IN ADDITION AND WITHOUT LIMITATION, THE GUEST AGREES, UNDERSTANDS, AND ACKNOWLEDGES THAT A&K RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INJURY, FINANCIAL OR PHYSICAL LOSS, DEATH, INCONVENIENCE, DELAY, CANCELLATION, DISRUPTION, VARIATION OR DEVIATION FROM THE SCHEDULED JOURNEY, OR DAMAGE TO PERSONAL PROPERTY ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH SERVICE PROVIDERS’ AND SUPPLIERS’ PROVISION OF ANY GOODS OR SERVICES WHETHER CAUSED BY LAWS, REGULATIONS, ACTS OR FAILURES TO ACT, DEMANDS, ORDERS, OR INTERPOSITIONS OF ANY GOVERNMENT OR ANY SUBDIVISION OR AGENT THEREOF, OR BY ACTS OF GOD OR FORCE MAJEURE, ILLNESS, DISEASE, ACTS OF WAR, CIVIL UNREST, INSURRECTION OR REVOLT, ANIMALS, STRIKES OR OTHER LABOR ACTIVITIES, FIRE, FLOOD, REBELLION, QUARANTINE, PANDEMIC, EPIDEMIC, THEFT, CRIMINAL OR TERRORIST ACTIVITIES OF ANY KIND, OVERBOOKING OR DOWNGRADING OF SERVICES, FOOD POISONING, MECHANICAL, OTHER FAILURE OF AIRCRAFT OR OTHER MEANS OF TRANSPORTATION OR FOR FAILURE OF ANY TRANSPORTATION MECHANISM TO ARRIVE OR DEPART ON TIME, OR ANY OTHER CAUSE(S) BEYOND SERVICE PROVIDERS’ AND SUPPLIERS’ CONTROL. GUEST HEREBY WAIVES ANY CLAIM AGAINST A&K RELEASED PARTIES AND HEREBY RELEASES THE A&K RELEASED PARTIES FROM AND AGAINST ANY SUCH INJURY, FINANCIAL OR PHYSICAL LOSS, DEATH, LOSS, INCONVENIENCE, DELAY, CANCELLATION, DISRUPTION, OR DAMAGE TO PERSONAL PROPERTY SET FORTH HEREIN.

(B) RISK OF ILLNESS, INJURY OR DEATH. BY PURCHASING A JOURNEY, GUEST ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT HE/SHE IS AWARE THAT THE TRAVEL ASSOCIATED WITH PARTICIPATING IN THE JOURNEY INVOLVES ACTIVITIES WITH A RISK OF ILLNESS (INCLUDING COMMUNICABLE AND INFECTIOUS DISEASES), INJURY, OR DEATH WHICH MAY BE CAUSED BY FORCES OF NATURE, ILLNESS, OR BY NEGLIGENT, WILLFUL OR CRIMINAL CONDUCT OF THIRD PARTIES OR TERRORISM. GUEST FURTHER ACKNOWLEDGES THAT WEATHER CONDITIONS MAY BE SEVERE, ADVERSE AND/OR UNPLEASANT AND THAT MEDICAL SERVICES OR FACILITIES MAY NOT BE READILY AVAILABLE OR ACCESSIBLE OR CONSISTENT WITH STANDARDS IN THE UNITED STATES DURING SOME OR ALL OF THE TIME DURING WHICH HE/SHE IS PARTICIPATING IN THE JOURNEY AND THAT WHEN AVAILABLE MEDICAL SERVICES OR FACILITIES MAY NOT BE OF THE QUALITY WHICH EXISTS IN THE UNITED STATES. GUEST ASSUMES ANY AND ALL SUCH RISKS ASSOCIATED WITH PARTICIPATING IN THE JOURNEYS AND GUEST AGREES TO AND HEREBY RELEASES THE A&K RELEASED PARTIES FROM ANY AND ALL LIABILITY WHATSOEVER THAT IS IN ANY WAY RELATED THERETO.

BY PURCHASING A JOURNEY, GUEST FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT HE/SHE IS AWARE THAT WHILE TRAVELLING IN A REMOTE LOCATION CERTAIN SERVICES, INCLUDING, BUT NOT LIMITED TO, TELEPHONES, MEDICAL ASSISTANCE, MEDICAL EVACUATION, WATER/GROUND/AIR TRANSPORTATION, ETC., MAY BE UNAVAILABLE OR PROVIDED AT A DIFFERENT OR LOWER STANDARD THAN THAT WHICH WOULD BE AVAILABLE IN THE UNITED STATES. GUEST UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT A&K RELEASED PARTIES (REGARDLESS OF THE COUNTRY WHERE GUEST IS TRAVELLING) SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSS, INJURY, DAMAGE OR DEATH, HOWSOEVER ARISING WHILE THE GUEST AND THEIR TRAVELLING COMPANION(S), INCLUDING MINORS, ARE ON THE JOURNEY.

GUEST FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT A&K MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE QUALITY AND/OR SUITABILITY OF ANY MEDICAL CARE, INCLUDING ANY FIRST AID SERVICES, THAT IS AVAILABLE OR PROVIDED, IF ANY, DURING THE GUEST’S JOURNEY. ALL MEDICAL CARE AND SERVICES PROVIDED TO GUEST ARE PROVIDED BY INDEPENDENT CONTRACTOR, LOCAL MEDICAL SERVICE PROVIDERS (“MSPs”) AUTHORIZED TO PRACTICE IN THE COUNTRY IN WHICH THE GUEST RECEIVES MEDICAL CARE, SERVICES, AND/OR TREATMENT, AND SUCH CARE/SERVICES/TREATMENT ARE RENDERED PURSUANT TO THE MSP’S SOLE PROFESSIONAL JUDGMENT AND DISCRETION. GUEST ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT ANY MEDICAL CARE/SERVICES/TREATMENT WILL BE LIMITED TO THE TYPE OF CARE AND TREATMENT NECESSARY, IN THE SOLE OPINION OF THE THIRD-PARTY MEDICAL SERVICES PROVIDER, FOR THE GUEST’S CONDITION AT THE TIME OF TREATMENT WTIHIN THE SCOPE OF THE LIMITED AVAILABLE MEDICAL FACILITY IN THE LOCATION AND COUNTRY OF TREATMENT. GUEST FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT A&K HAS NO CONTROL OVER AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OF THE INDEPENDENT CONTRACTOR MSPS, EXCEPT FOR A&K’S OWN NEGLIGENCE OR MISCONDUCT, AND MSPS AND OTHER INDEPENDENT CONTRACTORS DO NOT HAVE AUTHORITY TO MAKE COMMITMENTS FOR, OR ON BEHALF OF, A&K.

GUEST FURTHER AGREES THAT GUEST WILL NOT HOLD A&K RELEASED PARTIES RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, JUDGMENTS, CAUSES OF ACTION, DAMAGES, AND LIABILITIES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THE PROVISION OF FIRST AID SERVICES AND/OR THE MSP’S PROVISION OF MEDICAL SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY AND SUITABILITY OF SUCH MEDICAL SERVICES. GUEST UNDERSTANDS THAT A&K HAS MADE NO INVESTIGATION AS TO THE MEDICAL BACKGROUND, LICENSING, TRAINING, EDUCATION AND QUALIFICATIONS AND SKILLS OF THE MSP(S) AND UNDER NO CIRCUMSTANCES SHALL A&K RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING TO GUEST’S CARE OR TREATMENT BY THE MSP(S). GUEST HEREBY WAIVES, RELEASES, AND DISCHARGES A&K RELEASED PARTIES FROM ANY AND ALL NEGLIGENCE AND LIABILITY FOR DEATH, PERSONAL INJURY, DISABILITY, PROPERTY DAMAGE, PROPERTY THEFT, OR CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE AS A DIRECT OR INDIRECT RESULT OF ANY MEDICAL TREATMENT/CARE/SERVICES PROVIDED TO GUEST DURING THE JOURNEY. GUEST FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD A&K RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY NATURE, INCLUDING ALL COSTS, EXPENSES, AND ATTORNEYS’ FEES, WHICH IN ANY MANNER ARISE OUT OF, RELATE TO, OR ARE IN CONNECTION WITH ANY MEDICAL CARE, TREATMENT, OR SERVICES PROVIDED TO GUEST DURING THE JOURNEY.

GUEST FURTHER UNDERSTANDS AND AGREES THAT IF MEDICAL TRANSPORTATION AND/OR EVACUATION FURTHER THAN THE NEAREST TOWN IS NEEDED, WHICH TRANSPORTATION/EVACUATION IS NOT INCLUDED IN THE FEES PAID TO A&K AND/OR ANY TRAVEL INSURANCE, TO THE EXTENT GUEST PURCHASED TRAVEL INSURANCE, SUCH COSTS COULD BE SIGNIFICANT, AND GUEST SHALL BE SOLELY LIABLE AND RESPONSIBLE FOR PAYING ANY SUCH FEES FOR SERVICES NOT INCLUDED IN THE FEES PAID TO A&K. GUEST UNDERSTANDS AND AGREES NOT TO HOLD A&K RELEASED PARTIES RESPONSIBLE OR LIABLE FOR ALL OR ANY PORTION OF ANY MEDICAL SERVICE FEES, CHARGES, AND/OR EXPENSES CHARGED TO GUEST THAT ARE NOT INCLUDED IN THE FEES PAID TO A&K.

(C) INHERENT RISKS OF DANGEROUS ACTVITIES.

IF GUEST PARTICIPATES 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, HIKING, HIGH ALTITUDE TREKS, CLIMBING, QUAD BIKING, PARASAILING, PARACHUTING, KAYAKING, WHITEWATER RAFTING, JET BOAT RIDES, SNOWMOBILING, PRIMATE TRACKING AND ANY OTHER ACTIVITY WHICH CARRIES INHERENT RISK OF SERIOUS ILLNESS, INJURY OR DEATH (COLLECTIVELY “DANGEROUS ACTIVITIES”), THEN GUEST FULLY UNDERSTANDS AND ACKNOWLEDGES THAT DANGEROUS ACTIVITIES CARRY WITH THEM VARIOUS INHERENT RISKS, INCLUDING SERIOUS ILLNESS, INJURY OR DEATH, AND GUEST ACCEPTS COMPLETE RESPONSIBILITY FOR GUEST’S OWN HEALTH AND SAFETY AND AGREES TO ASSUME ALL RISKS OF INJURY, ILLNESS OR DEATH, WHETHER FORESEEN OR UNFORESEEN, ARISING OUT OF, RELATING TO, OR OTHERWISE IN CONNECTION WITH PARTICIPATING IN ANY OF THE DANGEROUS ACTIVITIES AND GUEST FURTHER AGREES TO RELEASE THE A&K RELEASED PARTIES FROM ANY AND ALL LIABILITY WHATSOEVER RELATED THERETO.

FURTHER, AS CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE DANGEROUS ACTIVITIES, GUEST AGREES TO AND HEREBY RELEASES AND AGREES NOT SUE OR MAKE ANY CLAIM AGAINST THE A&K RELEASED PARTIES, FOR ANY CLAIMS, PROPERTY DAMAGE, CANCELLATION OF ANY ACTIVITIES FOR ANY REASON, ILLNESS, NEGLIGENT RESCUE OPERATIONS OR PROCEDURES, PERSONAL INJURY, OR DEATH ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH GUEST’S PARTICIPATION IN THE DANGEROUS ACTIVITIES, AND ANY ACTIVITY RELATED THERETO, INCLUDING TRANSPORTATION TO AND FROM THE SITE OF THE DANGEROUS ACTIVITIES, REGARDLESS OF WHETHER SUCH PROPERTY DAMAGE, ILLNESS, PERSONAL INJURY, OR DEATH RESULTS FROM THE NEGLIGENCE OF THE A&K RELEASED PARTIES AND/OR FROM ANY DEFECT IN EQUIPMENT. GUEST FURTHER AGREES TO INDEMNIFY AND HOLD THE A&K RELEASED PARTIES HARMLESS WITH RESPECT TO ANY CLAIM MADE AGAINST THE A&K RELEASED PARTIES BY ANYONE ELSE (A) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH GUEST’S PARTICIPATION IN ANY TRIP OR ANY DANGEROUS ACTIVITIES, OR (B) WHICH WOULD BE SUBJECT TO THE ABOVE RELEASE AND COVENANT NOT TO SUE IF GUEST HAD MADE THE CLAIM DIRECTLY HIMSELF. UPON RECEIPT OF NOTICE OF THE ASSERTION OF A CLAIM, THE A&K RELEASED PARTIES RESERVE THE RIGHT TO SELECT DEFENSE COUNSEL OF ITS OWN CHOICE AND IN ITS SOLE DISCRETION AND AT THE EXPENSE OF GUEST.

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, CAUSES OF ACTION AND LAWSUITS

(1) TIME LIMITS FOR PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS
A&K SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS WHATSOEVER UNLESS FULL PARTICULARS IN WRITING ARE PROVIDED TO A&K AT THE ADDRESS PROVIDED IN SECTION 31 WITHIN SIX (6) MONTHS AFTER THE DATE GUEST COMPLETES THE JOURNEY, AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS FOR PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS.

(2) TIME LIMITS FOR ALL OTHER CLAIMS (EXCEPT 22(A)(1) ABOVE)
A&K SHALL NOT BE LIABLE FOR ANY CLAIMS OTHER THAN PERSONAL INJURY, ILLNESS AND DEATH WHATSOEVER UNLESS FULL PARTICULARS IN WRITING ARE PROVIDED TO A&K AT THE ADDRESS PROVIDED IN SECTION 31 WITHIN THIRTY (30) DAYS FROM THE DATE OF THE EVENT THAT RESULTED IN THE LOSS, DAMAGE OR LIABILITY. LEGAL PROCEEDINGS TO RECOVER FOR ANY CLAIM WHATSOEVER ENCOMPASSED BY THIS SECTION 29(A)(2) SHALL NOT BE MAINTAINABLE UNLESS COMMENCED (FILED) WITHIN SIX (6) MONTHS FROM THE DATE OF THE EVENT THAT RESULTED IN THE LOSS, DAMAGE OR LIABILITY, 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), DECEPTIVE TRADE PRACTICES, PRIVACY AND/OR ADVERTISING.

(B) VENUE FOR CLAIMS UNDER $75,000 EXCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS AND DEATH
ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCLUDING PERSONAL INJURY, ILLNESS, AND DEATH, WHETHER BROUGHT BASED ON CONTRACT, 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, IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THESE TERMS, THE BOOKING OF THE JOURNEY AND ALL REQUESTS FOR REFUNDS OR CREDITS ARISING FROM, RELATED TO OR IN CONNECTION WITH BOOKINGS, 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 $75,000 (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN BROWARD COUNTY, FLORIDA 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 PERSONAL INJURY, ILLNESS AND DEATH CLAIMS AND ALL OTHER NON-PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS OVER $75,000

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES FOR: (1) PERSONAL INJURY, ILLNESS, AND DEATH AND (2) ANY AND ALL OTHER DISPUTES, CLAIMS OR CONTROVERSIES WHATSOEVER OTHER THAN PERSONAL INJURY, ILLNESS, AND DEATH IN WHICH GUEST OR ANY OTHER CLAIMANT ASSERTS DAMAGES FOR MORE THAN $75,000.00 (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) WHETHER BROUGHT BASED ON CONTRACT, 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 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. §§ì 202-208 (“THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN BROWARD COUNTY, FLORIDA, 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 BROWARD COUNTY, FLORIDA. 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 NON-PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS WITH DAMAGES AND LOSSES LESS THAN $75,000). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.

(D) Jurisdiction, Venue and Jury Trial Waiver
EXCEPT AS PROVIDED IN SECTIONS 29(B) AND (C) ABOVE OR IF THE ABOVE-REFERENCED ARBITRATION CLAUSE IS RULED UNENFORCEABLE BY AN ARBITRATOR, IT IS AGREED BY AND BETWEEN THE GUEST AND A&K THAT ALL DISPUTES AND MATTERS WHATSOEVER RELATED TO, ARISING OUT OF, IN CONNECTION WITH OR INCIDENT TO THESE TERMS, SHALL BE LITIGATED, IF AT ALL, EXCLUSIVELY BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA OR, AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, EXCLUSIVELY BEFORE THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, 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 OR DEFENSE THAT MAY BE AVAILABLE. GUEST HEREBY 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 (EXCEPT AS TO NON-PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS WITH DAMAGES LESS THAN $75,000 AS SET FORTH ABOVE). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR A&K 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. A&K 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 29(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 FLORIDA. ANY CLAIMS, CONTROVERSIES AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH A&K BOOKINGS, THE JOURNEY, OR THE RELATIONSHIP BETWEEN THE GUEST AND A&K, INCLUDING BUT NOT LIMITED TO ANY CONTRACTUAL AND NON-CONTRACTUAL CLAIMS AND STATUTES, SHALL BE GOVERNED, INTERPRETED, AND/OR ENFORCED PURSUANT TO FLORIDA LAW, INCLUDING ITS STATUTES OF LIMITATION, WITHOUT REGARD TO ANY CONFLICT OF LAW PRINCIPLES OR OTHER RULE THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF A DIFFERENT JURISDICTION. GUEST WAIVES ANY OBJECTION OR DEFENSE THAT MAY BE AVAILABLE CONCERNING THE APPLICATION OF FLORIDA LAW. GUEST FURTHER AGREES THAT ENFORCEABILITY OF THIS CHOICE OF LAW CLAUSE SHALL BE ANALYZED AND DETERMINED PURSUANT TO FLORIDA’S CHOICE OF LAW PRINCIPLES.

(G) Class and Collective 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 IN 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 29(C) 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 A&K 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, GUEST HEREBY AGREES THAT IN NO EVENT SHALL A&K RELEASED PARTIES, INCLUDING 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, RELATED TO, OR IN CONNECTION WITH THE TRANSACTION CONTEMPLATED HEREIN.

23. Service Providers, Relationship And Use Of Digital Platform

(A) Service Providers. Certain content, products, and services available on/through a Digital Platform are provided by Service Providers. Certain content, including, without limitation, software, data, and other information that may be found on or provided in conjunction with A&K’s Digital Platforms may be the copyrighted property of Service Providers and other third parties. Guest is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content for commercial or public purposes.

(B) Relationship. In A&K’s role as a tour operator and provider of Digital Platforms, A&K acts as an intermediary third party between Guest and the Service Providers and Suppliers; no joint venture, partnership, employment, agency, representative, fiduciary or similar relationship exists between A&K and any Service Provider or Supplier as a result of Guest’s use of A&K’s travel services. We create, plan and arrange Tour Packages and Journeys and make travel arrangements for Guest by finding and booking travel through Service Providers and Suppliers for Tour Packages and Journeys. We consider various factors in identifying travel Services Providers and Suppliers and recommending specific itineraries. In identifying Service Providers and Suppliers and recommending itineraries, A&K may consider a number of factors, including, without limitation, Supplier and Service Provider availability and Guest’s preferences. The relationships A&K has with Service Providers and Suppliers may also influence the Service Providers and Suppliers A&K identifies and the itineraries A&K recommends. While A&K may recommend certain destinations of travel and Service Providers and Suppliers, these are solely suggestions; Guest agrees that any and all decisions as to appropriate destinations of travel and Service Providers and Suppliers are Guest’s sole and exclusive decision and A&K has no responsibility or liability if the Guest is dissatisfied, for any reason, due to the destinations and services provided by the Service Providers and Suppliers A&K may suggest.

(C) Guest’s and/or Others’ Use of Digital Platform. Guest may only use Digital Platforms to make legitimate reservations or purchases for Guest or other persons for whom Guest is authorized to act, and Guest shall not use A&K’s Digital Platforms for any other purposes, including, without limitation, making any speculative, false, fictitious or fraudulent reservation or bookings. Guest shall not: (i) use Digital Platforms or anything contained therein or provided in conjunction therewith for commercial purposes, (ii) use any "robot," "spider", or other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor, scrape, copy, or republish any of the webpages, data, or content found on Digital Platforms, (iii) “frame,” “mirror,” or otherwise incorporate any part of Digital Platforms (or anything contained therein or provided in conjunction therewith) into any other website or application, or (iv) use Digital Platforms in violation of, or to violate, any law, rule, or regulation.

Guest shall not use, nor shall Guest permit any use of, A&K’s Digital Platforms in conjunction with any of Guest’s activities or by anyone that resides, stays, or is accessing Digital Platforms from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, without limitation, regulations based upon sanctions, country programs, or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. Guest shall become unauthorized to use Digital Platforms in the event of a breach of these obligations, and Guest shall indemnify and hold harmless A&K, Service Providers, and Suppliers for any breach of this section.

24. Reservation And Purchase

Guest shall abide by these Booking Terms and Conditions, including, without limitation, payment of all amounts when due. Guest understands that any violation of A&K’s Booking Terms and Conditions, policies, rules, or restrictions, including, without limitation, timely payment, may result in: (i) Guest forfeiting any monies paid for such reservation or purchase, (ii) cancellation of Guest’s reservation or purchase, (iii) Guest being denied access to any flights, hotels, or any other products or services, and (iv) A&K debiting Guest’s account for any costs A&K incurs as a result of such violation. Guest acknowledges and agrees that: (i) A&K may change its prices without notice prior to reservation or purchase by Guest, and (ii) Guest shall be responsible for all charges, fees, duties, taxes, and assessments arising out of Guest’s use of A&K’s travel services by and through its Digital Platforms and Guest’s Journey. Guest acknowledges that some Suppliers and/or Service Providers may require Guest to sign a liability waiver or other forms prior to using their services, and Guest understands that Guest’s unwillingness to do so may result in a cancellation of his/her reservation(s), being denied access to the Supplier’s and/or Service Providers’ services, and/or forfeiting any monies paid for such reservation(s), in accordance with applicable Supplier and/or Service Provider’s terms and conditions.

Guest’s reservation/purchase may be non-refundable and non-cancellable. Any cancellation or change, if permitted, is subject to these Booking Terms and Conditions and A&K’s policies. At the time of reservation/purchase, Guest’s credit/charge card may be charged the total cost of the Tour Package and/or Journey that Guest selected, including taxes and fees (but excluding any mandatory hotel-imposed charges that may be applicable upon check out from the hotel). If applicable, certain mandatory hotel-imposed charges are payable to the property upon check-out (e.g., mandatory resort fees); any incidental charges that Guest incurs during Guest’s stay will be charged to Guest by the property upon check-out, including but not limited to parking, phone calls, internet access, room service, and damage to the room or property. Some properties have age requirements; please check with A&K for more information. Guest’s reservation/purchase includes the products/services that Guest selected; therefore, if baggage, seat-selection, or similar ancillary items were not included in those products/services, additional Service Provider and/or Supplier fees may apply. If Guest purchased a flight, Guest’s flight is not confirmed until ticketed. Once ticketed, the name on the ticket cannot be changed and tickets are non-transferable. If permitted, and Guest chooses to change Guest’s reservation/purchase, Guest may incur a change fee and shall be responsible for any difference in the fare attributable to the change. If Guest’s reservation/purchase includes arrangements made by A&K with multiple Service Providers and/or Suppliers, and if cancellation is made by Guest for one or more Service Providers or Suppliers and not the other(s), Guest will not be refunded for the portion of Guest’s trip for which cancellations are not permitted and Guest will be required to (1) cancel Guest’s entire trip if travel has not commenced or (2) if travel has commenced, Guest will not be entitled to a refund of any remaining portion of the Journey and/or Tour Package . If cancellation is permitted, Guest may incur a cancellation fee. Upon receipt, Guest is responsible for promptly reviewing Guest’s reservation/purchase and confirmation/itinerary for accuracy and immediately notifying A&K of any errors.

In addition to the foregoing, for reservations/purchases of a cruise: Guest must have both: (i) a valid government-issued photo ID, such as a driver’s license, and (ii) proof of citizenship, such as a passport. The name on the documents must match the Guest’s name on the reservation. If Guest does not have the required documents, boarding will be denied. Requirements may vary by Service Provider and/or Supplier and destination; please contact A&K or the Service Provider and/or Supplier for the requirements of the cruise Guest selected. If Guest chooses to reserve/purchase an air-inclusive cruise package, Guest acknowledges that: (i) A&K controls all flight arrangements, including, without limitation, choice of airlines, flight routing, and time schedules, and (ii) Guest’s travel documents, including flight itinerary, will be either emailed or mailed to Guest prior to Guest’s departure date. Some air travel may be provided by a public charter; please refer to the operator-participant contract in Guest’s travel documents for additional information. The price of air travel may depend on certain factors including, without limitation, date of departure, departure city, ship, cabin level, class of airfare, and availability.

25. Age And Responsibility

Guest represents and warrants that: (i) Guest is of sufficient legal age to use A&K travel services and to create binding legal obligations for any liability Guest may incur as a result of the use or purchase of any A&K travel service, (ii) Guest shall supervise all use of A&K travel service by Minors and others using Guest’s name or account, and (iii) all information supplied by Guest, or using Guest’s name or account, in using A&K travel services is true, complete, and correct. Guest acknowledges and agrees that: (i) Guest is financially responsible for all uses of A&K travel services by Guest and those using Guest’s name and/or account, (ii) some Service Providers and/or Suppliers have age requirements and restrictions for use of their products and services, and Guest and those traveling with Guest shall be subject to such requirements and restrictions, and (iii) should Guest make a reservation and/or purchase for other people, Guest agrees to inform those people of all terms, conditions, policies, rules, and restrictions that apply.

26. Disclaimer Regarding Service Providers And Suppliers

SERVICE PROVIDERS AND SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF A&K. A&K ACTS SOLELY AS A TOUR OPERATOR FOR GUESTS AND IS NOT LIABLE FOR, INCLUDING, WITHOUT LIMITATION, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, WHETHER DIRECTLY OR INDIRECTLY. A&K SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND A&K’S DIRECT CONTROL (EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW). A&K HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, CANCELLATIONS OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER, SERVICE PROVIDER, OR GOVERNMENTAL AUTHORITY. THE FACT THAT A&K INCLUDES OR OFFERS ANY PRODUCT OR SERVICE DOES NOT MEAN A&K IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED ARE LIMITED TO CLAIMS AGAINST THE SERVICE PROVIDER AND/OR SUPPLIER OF SUCH PRODUCTS AND SERVICES. A&K HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SERVICE PROVIDER AND/OR SUPPLIER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SERVICE PROVIDERS AND/OR SUPPLIERS AND GUEST HEREBY EXONERATES A&K FROM ANY LIABILITY WITH RESPECT TO THE SAME.

27. No Warranties

TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR TERMS OF SERVICE, A&K MAKES NO WARRANTY OF ANY KIND REGARDING ITS WEBSITE AND ANYTHING PROVIDED ON OR THROUGH ITS WEBSITE, BROCHURES AND/OR MARKETING MATERIALS, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. A&K DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT, DATA, OR INFORMATION FOUND ON/THROUGH ITS WEBSITE, BROCHURES AND/OR MARKETING MATERIALS (MUCH OF WHICH IS PROVIDED BY SERVICE PROVIDERS OR SUPPLIERS), AND A&K EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. A&K DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR ANY E-MAIL SENT FROM A&K ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO GUEST. SUCH WARRANTIES GIVE GUEST SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.

28. Severability

Should any provision of these Terms be contrary to or invalid by virtue of the law of any jurisdiction in which these Terms are attempted to be enforced, or for any other reason, said provision shall be deemed to be severed from these Terms and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.

29. Written Notices

Except as otherwise expressly noted in this Contract, all written notices required by this Contract must be mailed to:

ABERCROMBIE & KENT USA, LLC
1010 South Federal Highway
Suite 1500
Hallandale Beach, Florida 33009
Attn: Legal Department

30. Privacy Notice

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

©2025 ABERCROMBIE & KENT USA, LLC, ABERCROMBIE & KENT, A&K, , DESIGN YOUR DAY, INSPIRING EXPERIENCES, GUARDIAN ANGEL, MARCO POLO CLUB, 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