(EFFECTIVE 26 August 2026)

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. The Contract binds all 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.

Guest acknowledges that specific Tour Packages and Journeys may be subject to additional terms and conditions, including Expedition Cruise Additional Terms and Booking Terms & Conditions for Private Jet Journeys & Inspiring Expeditions by Geoffrey Kent or any other specific terms you are made aware of prior to the Contract coming into effect - each of which are incorporated herein and form part of these Terms.

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

“A&K” means Abercrombie & Kent (Australia) Pty Ltd 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.

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

“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 or via a Travel Agent, which expressly includes these Booking Terms and Conditions.

“Digital Platform” means A&K’s (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.

“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, Curated Escapes by Conde Nast, 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.

“Force Majeure Event” means acts of God, Government Restrictions (as defined below) 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.

Government Restrictions means any new or change in law, order, decree, rule or regulation of any government authority (for example border closures or quarantine orders) or a do not travel advisory issued by the Department of Foreign Affairs and Trade.

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

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

“Refund” means a return of all or part of the fare paid.

“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 Agent” means any travel agent or any website not owned or operated by A&K and used to facilitate the booking of 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. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

All payments must be received on the date determined at the time of booking. If applicable, please contact your Travel Agent for complete details. Failure to strictly comply with the deposit and final payment schedules, or any other applicable policies and procedures, will subject to these Terms result in the automatic cancellation of pending reservations.

Deposit per Person Required at Time of Booking

Small Group Journeys and Private Journeys - 10% of program price per person

Expedition Cruises - 15% of program price per person

Small Jet Journeys; Tailormade Journeys; Canal Barge Cruises; Japan by Luxury Train: Seven Stars in Kyushu; Sanctuary Stays - 25% of the total cost set out on the Quotation or AU$1,000 per person (whichever is the higher amount)

Educational Study Tours - Full payment

Final Payment Due Dates

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

Small Jet Journeys excluding Europe; Japan by Luxury Train: Seven Stars in Kyushu - 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.

Payment Failure

If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking and standard cancellation fees will apply.

Payment by card

Please note that payments by card are subject to card processing fees reflecting the fees incurred by us for processing card payments. These processing fees are not refundable in any circumstance.

2. Guaranteed Departures

All Group Journeys excluding Small Jet Journeys, Expedition Cruises, Private Jet, Inspiring Expeditions by Geoffrey Kent, Curated Escapes by Conde Nast, 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.

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.

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.

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.

Small Group and Small Jet Journeys Additional Inclusions:

In addition to the inclusions identified for all Journeys, Small Group and Small Jet Journeys 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 is excluded from Climb Kilimanjaro 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) , Climb Kilimanjaro, Conde Nast Curated Escapes and Egypt in a week) but dry cleaning is not included (excludes Conde Nast Curated Escapes).

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 where available; (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 Cruise 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.

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 East and Southern Africa Small Group, Small Jet, and Private Ready-to-Book journeys for travel through 2027 and Tailormade journeys confirmed before 1 September 2026, (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, 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) international airfare, unless otherwise noted; (2) costs associated with obtaining passports or entry visas; (3) reciprocity and other border fees; (4) airport departure taxes, unless otherwise noted; (5) excess baggage charges; (6) gratuities to the Resident Tour Director/Extension guide; (7) meals other than those specified in the itinerary; (8) room service (except on board Expedition Cruises); (9) beverages other than those noted in inclusions above or specified in the itinerary; (10) sightseeing not included in the published itinerary; (11) personal expenses such as laundry (except for A&K’s Traveller’s Valet as noted), (12) communication charges, Internet access for all trains; and (13) optional activities (which are subject to availability).

Tailormade, Private Journey, Sanctuary Stays, and Canal Barge Additional Exclusions:

In addition to the exclusions for all Journeys identified above, Tailormade, Private Journey Sanctuary Stays, 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.

5. Hotel Check-In

Most hotels allow check-in to take place during the mid-afternoon. 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 & Amendments

General Amendments

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.

Expedition Cruises

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.

Canal Barge Cruises

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.

Notification

If prior to travel A&K becomes aware of any significant changes to the itinerary or its inclusions which materially detract from the overall characteristic or value of the Tour or Journey (where A&K determines it can still proceed), then A&K will notify Guest within a reasonable time and refund Guest an amount attributable to any reduction in value determined by A&K acting reasonably.

Liability Exclusion

To the fullest extent permitted by law:

we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond A&K’s control happening after A&K has accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;

if Guest is entitled to any compensation for any modifications or omissions, then Guest agrees it will be reduced by the value of any alternative services A&K provides or facilitates at A&K’s cost which Guest accepts; and

A&K will not be responsible to Guest for any other expenses or loss incurred resulting from any amendment or change to the itinerary or its inclusions.

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

Prices

Quoted Journey prices are per person, double occupancy except where indicated. 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 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.

Variations

Although not expected, A&K reserves the right to vary the price at any time prior to commencement of the Tour or Journey Package beyond A&K’s control such as the imposition of fuel surcharges or new or amended Government taxes and charges.

A&K also reserves the right to vary price at any point prior to final payment due to currency fluctuations. However, A&K will not vary the cost for currency fluctuations once full payment has been received and A&K will absorb the first 2% of any negative currency fluctuation.

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: 6 years old

Japan by Luxury Train: Seven Stars in Kyushu: 12 years old

Turkey: A Journey Through History: 13 years old

Journeys including a European River Cruise: 12 years old

Family Adventure in Alaska: 6 years

Family Safari in Kenya and Tanzania: 5 years old

East Africa by Private Air: 15 years old

Climb Kilimanjaro: The Machame Route: 16 year old

East Africa by Private Air: 15 years old

All programs including Gorilla Trekking in Uganda: 15 years old

A Desert Safari in Namibia: 12 years old

Tailormade Journeys, Private Journeys: 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.

To the fullest extent permitted by law, the parent or legal guardian of any minor Guest agrees to personally defend, indemnify, and hold harmless A&K from and against any claims, actions, or proceedings brought by or on behalf of the minor. This obligation applies to the extent that such claims would have been limited, excluded, or otherwise barred had the minor been of legal age and capable of agreeing to be bound by these Terms.

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 reasonable opinion of A&K, Guest may create a safety concern, or a material 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 contacting A&K as soon as possible 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 that international travel destinations may present difficulties for persons with special needs. Guest is encouraged to consult with their Travel Agent concerning the destinations for travel and whether those destinations may present challenged for the Guest.

(D) Pregnancy

A&K will not accept reservations for expectant mothers who have entered the stated weeks of pregnancy at time of sailing based on ship restrictions. Restrictions vary by vessel (e.g., 12 weeks on Ponant, 24 weeks on Crystal and 30 weeks on Ecoventura). All pregnant women who are less than the required weeks must produce a doctor’s letter stating that mother and baby are in good health, fit to travel taking into account the proposed Itinerary and that the pregnancy is not high-risk.

13. Insurance

A&K strongly recommends that all Guests insure themselves against loss of Deposit, cancellation charges, medical and repatriation expenses, personal injury and accident, death, loss of personal possessions or baggage, and any other foreseeable loss, expense, cost, damage or liability related to the Travel Arrangements. A&K expressly excludes liability to the Guest or any third party for any loss, expense, cost, damage or liability arising from or in any way related to a Guest’s failure to obtain suitable travel insurance.

Special Requirement for Select Expedition Cruises:

Due to the remote locations, A&K requires proof of a minimum of AU$200,000 per person in emergency evacuation/repatriation insurance for all polar cruises and other Select Expedition Cruises as specified at the time of booking. 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, standard 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 accepts the general risks associated with travel and agrees that any information provided by A&K, Service Providers, Suppliers, or these Terms is provided in good faith without warranty as to completeness or accuracy and 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 to travel 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. U.S. citizens aged 18 and over must present a REAL ID-compliant driver's license or a valid passport to board domestic flights within the United States. Many destinations also require a visa. Guest 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.

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 public health authorities, 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 (which are reasonable) 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 to respond to revised safety protocols, 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 Department of Foreign Affairs and Trade (“DFAT”) travel advisories. In the event of an active DFAT 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 DFAT travel advisory, warning, or recommendation relating to travel prior to making your Journey reservation at https://www.smartraveller.gov.au/.

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

Small Group Journeys, Curated Escapes by Conde Nast, Private Journeys and related Group Extensions

121 days or more prior to departure: AU$785 per person

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

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

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

Expedition Cruises and related Group Extensions

121 days or more prior to departure: Loss of deposit, capped at AU$4,500 per person

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

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

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

Small Jet Journeys (journeys that include European destinations) and Japan by Luxury Train: Seven Stars in Kyushu

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 and Sanctuary Stays

121 days prior to departure or more: 10% of the program price up to a maximum of AU$3,750 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

The Guest agrees the sums referenced in the cancellation provisions above are not a penalty and represent a genuine pre-estimate of the loss and damage to which A&K will be subject in the event of such cancellation. These include, amongst other costs but not limited to, fees charged by hotels and travel suppliers to A&K for cancelled bookings.

(A)Additional Charges – the Guest may further incur Supplier Fees for cancellation, including international flight providers, over which A&K has no control. These charges can vary up to the amount paid.

(B) A&K may treat a Booking as cancelled and levy cancellation charges if the Guest does not pay the balance of the Travel Arrangements price at 90 days prior to the Departure Date.

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

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.

(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 and A&K’s control, before or during travel, including expenses incurred due to a change, delay or cancellation of any flights.

(C) 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.

(D) Cancellations Charges for Internal Air

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

(E) Cancellations Charges for Extra Services

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

17. Force Majeure

Force Majeure - Prior to travel

If:

1. in A&K’s reasonable opinion it (either directly or any Supplier or Service Provider) determines that Journey or Tour Package cannot safely, lawfully or reasonably proceed due to a Force Majeure Event; or

1. any Force Majeure Event (excluding the failure or delay of commercial airlines) directly prevents Guest from travelling to the destination where the Journey or Tour Package is scheduled to commence or if Government Restrictions make it impractical for Guest to make use of the Journey or Tour Package and you give us notice of this no more than 14 days prior to commencement of Guest’s Journey or Tour Package

then A&K may:

1. reschedule the Journey or Tour Package, but only if Guest agrees to the rescheduled arrangements; or

1. cancel the Journey or Tour Package, in which case A&K’s Contract with the Guest will terminate.

If the Contract terminates, neither A&K or Guest will have any claim for damages against the other. However, A&K will either:

issue Guest with a credit equal to any credits A&K receives from Service Providers or Suppliers for the cancelled travel arrangements, together with any receipts from Guest that A&K has not yet paid, or committed to pay, to Suppliers or Service Providers*; or

refund payments less: (a) unrecoverable third party costs and other expenses incurred or payable by A&K for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled tour; and (c) fair compensation for work undertaken by us until the time of cancellation and in connection with the processing of any refund.

*Please note that A&K’s ability to issue Guest with a credit may be dependent on Service Providers or Suppliers issuing corresponding credits to A&K. A&K cannot guarantee that Suppliers or Service Providers will issue corresponding credits and A&K may opt to pay you a limited cash refund as outlined.

Any credit issued by A&K is subject to the following terms: (a) it must be redeemed within 24 months of issue; (b) it cannot be combined with any other discount or offer; (c) it is not redeemable for cash; (d) it must be applied to a Journey or Tour Package principally sold by A&K.

Force Majeure - During travel

If A&K cancels a Journey or Tour Package after it has commenced, A&K will provide Guest with a refund of recovered third party costs plus any third party costs A&K doesn’t incur for cancelled travel arrangements only.

Force Majeure – General

Where a limited cash refund is to be paid by A&K, A&K will use reasonable endeavours to recover payments from third parties attributable to Guest’s booking, but A&K makes no guarantee that it will be able to recover these payments either partially or at all. If after A&K has paid Guest a limited cash refund (or after A&K determines that no cash refund is currently payable) A&K recovers payments from third parties attributable to your booking, then A&K will pass on this payment to you less a reasonable administration fee.

A&K will not be responsible for any other loss or costs Guest incurs in connection with a booking (for example, airfares, insurance and visa expenses) if a Journey, Tour Package or particular travel arrangements are cancelled due to a Force Majeure Event.

If A&K provides Guest with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to a Force Majeure Event which Guest accepts, then Guest agrees the amount to be refunded to Guest will be reduced by the value of these services and assistance.

To the fullest extent permitted by law, A&K’s obligations to Guest in relation to any Force Majeure Event is limited in the manner set out in this section. Guest acknowledges that the terms in this section are reasonably necessary to protect A&K’s legitimate business interests. A&K strongly encourages Guest to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure Events as soon after payment of a deposit.

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 the purpose of advertising or promoting A&K’s travel programs, services and brand. 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 Releases Parties, as defined below, a non-exclusive, worldwide, irrevocable royalty-free 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. To the maximum extent permitted by law, Guest acknowledge and agree that this license is granted without any requirement for compensation, attribution, or further consent.

20. Limitation of Liability

(A) A&K Services

A&K will exercise reasonable skill and care in supplying any services that it owns, controls or operates. A&K will only be responsible for its employees in the course of their employment, and for its agents and contractors (where A&K controls them) if they were carrying out the work A&K had asked them to do.

(B) Service Providers and Suppliers

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.

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 Journeys and Tour Packages.

All service providers and suppliers are independent contractors.

The Guest acknowledges that, to the fullest extent permitted by law, A&K’s responsibility in relation to Service Providers and Suppliers is limited to exercising reasonable care in selecting reputable Service Providers and Suppliers for the delivery of Journeys or Tour Packages.

In consideration of the services provided by A&K, the guest acknowledges, understands, and agrees that to the fullest extent permitted by law 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. This includes without limitation 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.

The Guest hereby waives any claim against the A&K Released Parties and releases them from any liability for the events and losses described above.

(C) Recreational Services

If A&K supplies any recreational services to Guest, then to the maximum extent permitted by law A&K excludes any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.

This exclusion does not apply to significant personal injury caused by A&K’s reckless conduct.

Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i) involves a significant degree of physical exertion or physical risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

(D) Consumer Guarantees

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Terms do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these Terms, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.

(E) Risk of illness, injury or death.
By purchasing a Tour Package or 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 his or her country of residence during some or all of the time during which he/she is participating in the Journey or Tour Package and that when available medical services or facilities may not be of the quality which exists in his or her country of residence. Guest assumes any and all such risks associated with participating in the Journeys and Tour Packages 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 or Tour Package, 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 his or her country of residence. Released Parties

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 or Tour Package. 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 within 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 or Tour Package. 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 legal 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 or Tour Package.

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.

(F) INHERENT RISKS OF DANGEROUS ACTIVITIES.

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 and assumes all risks arising from the materialization of inherent risks of participating in any of the dangerous activities. To the fullest extent permitted by law ,Guest further agrees to release the A&K Released Parties from any and all liability whatsoever arising from the materialization of an inherent risk of participating in a dangerous activity.

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 arising out of the materialization of an inherent risk to the extent such claim would have been excluded or limited had Guest directly made it.

(G) SUPPLIER WAIVER

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, each without any right of refund.

(H) No Consequential, Indirect or Exemplary Damages

Notwithstanding: (a) anything to the contrary elsewhere in these Terms; and (b) and to the maximum extent permitted by law, including under any applicable Australian Federal or State legislation relating to the supply of goods or services that cannot be excluded, modified or restricted; the Guest agrees that in no event shall the A&K Released Parties be liable for any indirect, consequential, incidental or exemplary arising out of, related to, or in connection with the Contract.

(I) Important Limitations on A&K’s Liability

Nothing in these Terms shall limit or deprive A&K of the benefit of any applicable statutes or laws of Australia or any State or Territory 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.

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. For the avoidance of doubt, the Contract will be governed by the Terms in effect when A&K confirmed the Guest’s booking.

22. 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. t

(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.

23. 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. 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.g

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. 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.

Flights

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.

Cruises

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.

24. 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.

25. Complaints

In the event of a problem with any aspect of your Journey or Tour Package you must tell us or make our representative or our local Supplier aware of such problems as soon as possible. This is so we or our Suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and it has not been resolved it to your satisfaction, please follow this up in writing within 30 days from the end of Journey. This is so we have the opportunity to pursue the claim with our own Suppliers or Service Providers (if relevant). If you fail to follow this procedure, this may limit your rights to make a claim.

26. Governing Law

The Contract is governed by the laws of the State of Victoria, Australia provided that if the civil liability legislation of Victoria does not apply because a cause of action arose outside Victoria, then the contract (to the extent it relates to that cause of action) shall be governed by the State or Territory in which the cause of action arose if it arose within Australia. Any disputes shall be exclusively dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law. Guest waives any objection or defence that may be available concerning this exclusive jurisdiction.

27. 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.

28. Written Notices

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

ABERCROMBIE & KENT

Level 26
80 Collins Street (North Tower)
Melbourne, 3000
Victoria, Australia

29. Privacy Notice

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

©2026 ABERCROMBIE & KENT