INTRODUCTION

Your contract is with Abercrombie & Kent Limited of St George’s House, Ambrose Street, Cheltenham, Gloucestershire, GL50 3LG (registered in England, company number 1082430) (‘A&K’). In these terms,‘we’, ‘us’ and ‘our’ mean A&K. ‘You’ and ‘your’ mean the person making the booking (the “Lead Guest”) and everyone else on the Booking.

These terms, our Privacy Policy, the information in our brochure and on our website, anything else we advise you of prior to booking, and our Confirmation Invoice together make up your contract with A&K (the ‘Contract’). Please read them carefully.

By making a booking, you confirm on behalf of everyone in your party that:

• you have read and agree to these terms, and have the authority to agree on everyone else’s
  behalf;
• you consent to A&K using your personal data in line with our Privacy Policy, including sensitive
  information such as health conditions or dietary needs, and you are authorised to share that
  information on behalf of everyone on the Booking;
• you are over 18 and live in the UK, and (where any part of the trip has age restrictions)
  everyone in the party is old enough; and
• you accept financial responsibility for payment on behalf of everyone on the Booking.

Your Booking is a package under the Package Travel and Linked Travel Arrangements Regulations 2018 (‘PTRs’). That gives you certain legal rights, which are summarised in the ‘Key Rights’ section at the end.

DEFINITIONS
A few terms used throughout these conditions:
Authorised Agent: any travel agent or non-A&K website we’ve authorised to take bookings for us.
Booking: the request made by you (or by your travel agent on your behalf) and accepted by A&K for the travel services making up your trip. A Booking comes into existence when A&K issues a Confirmation Invoice.
Confirmation Invoice: the invoice A&K sends to you or your travel agent confirming the booking.
Guest: each person named on the booking, including children.
Minor: anyone under the age of 18.
Service Provider: any third party (such as a hotel, airline, transport operator, local guide or activity provider) that supplies part of your trip. This includes their staff, subsidiaries and agents.
Trip: any journey, tour or combination of services A&K offers as a package, whether flights are included or not.
Unavoidable and Extraordinary Circumstances: events beyond our or our Service Providers’ control that couldn’t have been avoided even with all reasonable care. Examples: war or terrorism, serious civil unrest, pandemics or serious disease outbreaks, natural disasters, unsafe travel conditions, strikes, government action, fires, cyber attacks or major IT or infrastructure failures (whether affecting us, our Service Providers or third parties on whom they depend), and similar events.
Website: www.abercrombiekent.co.uk

1. BOOKING AND PAYING FOR YOUR TRIP

1.1 How to book

You can book by calling +44 (0)1242 386 450 or by contacting your Travel Consultant or Travel Agent. Please note, we record our calls and retain emails for training and service quality.

For any Trips that are bespoke to you, we will issue a proposal setting out your itinerary and prices based on availability at the time it is produced (‘Proposal’). For any fixed products we may issue a proposal setting out your itinerary (‘Option’) but this may not always be the case.

All prices are shown clearly in our Proposals and Options. Because our trips are sold as packages, we are not required to provide a cost breakdown.

Any Proposal we provide is indicative; prices and availability are only guaranteed once the Booking is confirmed, a deposit has been paid, and a Confirmation Invoice has been issued to you.

1.2 Deposits

To secure your booking you will need to pay a deposit. Our standard deposits are:

Some Service Providers or specific Trips require a higher deposit. If this applies to you, we will tell you before you pay. Once paid, all deposits are non-refundable. If you book after the final balance is due, the full Trip price is payable at the time of booking unless we agree otherwise.

1.3 Final balance

When your final balance is due depends on the type of Trip you have booked; details are explained in the table below. On some occasions we may have to vary these terms; if this applies to you, we will make this clear on Booking. In all cases the final balance due date will be specifically stated on your Confirmation Invoice. If you don’t pay on time, we may treat your Booking as cancelled and charge the cancellation fees in section 3.

1.4 How you can pay

You can pay by bank transfer, PayPal or most major debit and credit cards. You can choose to pay over the telephone or via a payment link sent to you by email. By default, prices are provided in British Pounds, but you can also request that your proposal is priced in US Dollars or Euros. Any payments made to your Booking will be charged in the currency stated on your Confirmation Invoice. If we cannot accept your Booking, we will return your deposit.

1.5 Names and passport details

Airlines and other Service Providers need the full name of every Guest. At booking we’ll ask for each Guest’s first name, surname and title. It is very important that these are accurate and match exactly with the details in each Guest’s passport. If they are incorrect and need to be changed later, there will likely be a cost, which can be significant and will be passed on to you.

1.6 Special requests

If you have any special requirements (such as diet, room location, particular facilities, or specific seating), you should tell us in writing when you book. We’ll pass these on to our Service Providers and make all reasonable efforts to confirm them, but we can’t guarantee they’ll be met. For dietary needs, we will pass your requirements on to the relevant Service Providers (including airlines where we have booked your flights); but you should also check directly with the Service Providers if it is important to your Trip.

Most hotels allow check-in from mid-afternoon. If you want a room guaranteed for early arrival, you can ask and (for an extra cost) we’ll try to arrange it.

1.7 Confirmation

When we receive your deposit, we will issue a Confirmation Invoice. The contract between us startson the date of that invoice. If the trip includes flights, we’ll also issue an ATOL Certificate. We’re not obliged to issue a Confirmation Invoice, and we won’t if we spot an error in the price (see the Price Policy in section 2).

You should check the Confirmation Invoice and any other documents received carefully as soon as you get them. If anything is incorrect you need to tell us (or your travel agent) straight away. Changes may not be possible, or may attract additional costs, if only raised later.

1.8 Contact details

If you’ve booked directly with us, we’ll send all communications to the Lead Guest’s email address. If you ask us to use a business address, you still need to give a home address for emergencies. If you’ve booked through a travel agent, we’ll communicate through them.

1.9 Money held by Authorised Agents

All monies you pay to an Authorised Agent are held by that Agent and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the Authorised Agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the Authorised Agent, or subsequently accepted from you by them, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

2. PRICE POLICY

2.1 Price corrections

We can change the prices of any unsold Trips on our Website or in our brochure. You’ll be told the correct price before your contract is confirmed.

Occasionally a price may be wrong due to human or system error. If we spot a mistake before issuing your Confirmation Invoice we’ll tell you as soon as we can, usually within 7 days of taking your deposit. If the correct price isn’t acceptable to you, you can change to a different Trip or cancel and receive a full refund of your deposit.

2.2 Price increases after booking

After your Trip is confirmed, we can increase the price only if there’s a direct increase in:

• the cost of fuel or other power used for transport;
• taxes or fees charged by third parties (such as tourist taxes, landing taxes or port fees); or
• exchange rates relevant to your package.

Any increase attributable to transport costs will be calculated by reference to the increase in the cost of fuel applied by the transport provider and the proportion of the package price attributable
to transport. Any increase attributable to taxes or fees will be limited to the actual increase imposed. Any increase attributable to exchange rates will be calculated by reference to the difference between the exchange rate applicable on the booking date and the exchange rate applicable on the date of revision, applied to the relevant cost elements of the package. However, if any increase is more than 8% of your Trip price, you can either:

• accept the new price;
• switch to a different Trip (if we can offer one of similar or better quality at no extra cost, or of lower quality with a refund of the price difference); or
• cancel and receive a full refund of everything you’ve paid to A&K.

You need to tell us which option you would like to take within 7 days of the date we notify you of the price change. If you don’t reply, we’ll follow up once more; if you still don’t reply, we’ll assume you accept the new price.

Prices won’t change, and no refunds are paid, within 20 days of the departure date.

2.3 Price decreases

If the same factors that allow a price increase cause a price decrease, we’ll refund the difference, less any actual administrative costs we incur.

3. AMENDMENTS AND CANCELLATION

3.1 Changes you ask for

We’ll do our best to help if you want to change your arrangements before or during the Trip, but changes aren’t always possible and cannot be guaranteed. Requests must be in writing from the Lead Guest.

If we can make the change, you will be responsible for any additional costs incurred including those imposed or incurred by our Service Providers, as well as any applicable cancellation fees.

Please note that some Service Providers (including most scheduled airlines) treat certain changes, such as name changes, as a cancellation and rebooking. This can result in cancellation charges of up to 100% of the cost of the affected arrangements. If this affects your change, we will explain this to you before proceeding.

Important: the closer to your departure date a change is requested, the higher the costs and Service Provider fees are likely to be.

If we can’t make the change and you don’t want to go ahead as originally booked, we’ll treat it as a cancellation and the cancellation charges in section 3.5 will apply.

3.2 Date changes

If you want to change your departure date, the new date must be within 6 months of the original. If the new date costs more, you pay the difference. After 6 months, we will treat it as a cancellation and rebooking.

3.3 Destination changes

Changing destination is treated as a cancellation and rebooking, and our standard cancellation charges at section 3.5 will apply, unless the change is due to Unavoidable and Extraordinary Circumstances.

3.4 Transferring your Booking to someone else

If you or someone in your party can’t travel, we can transfer the place to another person, as long as:

• they are introduced by you and meet the conditions of the Trip;
• we’re told at least 7 days before departure;
• any outstanding balance is paid, plus any additional costs that we or the Service Provider
  charges; and
• the new person agrees to these terms.

The original Guest and the replacement are both jointly responsible for paying all amounts due. If you can’t find a replacement, the normal cancellation charges apply. No refund is given for Guests not travelling or services not used.

3.5 Cancellation by you

There is no automatic right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or similar law.

All cancellation requests must be in writing from the Lead Guest. Cancellation takes effect on the day we receive it. Because we incur costs when a Booking is cancelled, the following charges apply depending on how close to departure you cancel. If you cancel before the final balance is due, you lose any deposit you have paid. Some trips, or parts of trips, are non-refundable as soon as they’re paid; if that applies, we will tell you before you book.

Tailormade Journeys

Small Group Journeys & Related Extensions & Private Ready-To-Book Journeys; Sanctuary Stays; Small Jet Journeys (including European Destinations); Canal Barge Cruises; Curated Escapes by Curated Escapes by Condé Nast & Expedition Cruises

Small Jet Journeys (with no European Destinations)

Internal flights: all internal flights are 100% non-refundable from the date the final balance is due (which is set out in your Confirmation Invoice) (some exceptions may apply).

If the size of your party reduces: if Guest(s) is removed from your Booking, the per-person price for those still travelling may go up, and you’ll need to pay the difference.

3.6 Cancellation by you due to Unavoidable and Extraordinary Circumstances

You can cancel without paying a cancellation charge if Unavoidable and Extraordinary Circumstances occur at, or very near, your destination and significantly affect the Trip or the journey to it. In that case we give you a full refund of your Trip price, but no extra compensation. We’ll carefully consider UK Foreign, Commonwealth and Development Office (FCDO) advice, among other factors, when deciding whether this applies.

3.7 Cutting your Trip short

If you choose, or are required, to return home early, we cannot refund any part of the Trip or travel arrangements you haven’t used. Your travel insurance may cover curtailment; any claim should be made directly with your travel insurer.

3.8 Accuracy of information

We check our Trip information carefully, but itineraries may change due to local conditions. We can change itineraries, sightseeing, featured experts, accommodation, vessels, aircraft and trains at any time because of unforeseen circumstances or things outside our control. We’ll try to run Trips as planned, but changes can happen even after a final itinerary has been issued. Expedition Cruise itineraries are for guidance only; the Captain may adjust them due to weather, wildlife, ice, mechanical issues, medical emergencies or other conditions as they see fit in their sole discretion. We’ll tell you about any significant or long-term changes as soon as we reasonably can.

3.9 Changes we make

We take care to make sure descriptions and prices in our brochures and on our Website are accurate when published, but things can change. We’ll tell you about any changes before accepting the Booking.

Once the Booking is confirmed, we aim to deliver the Trip as advertised. Occasionally we have to modify a Trip before departure and we reserve the right to do so. Most changes are minor; for example, a flight time change of less than 12 hours, a change of aircraft type, an accommodation change to an equivalent or better standard, or a change of carrier. We’ll try to let you know about
minor changes as soon as reasonably possible, but we do not accept responsibility for minor changes.

Significant changes are, for example: a flight time change of more than 12 hours, a different international airport (unless serving the same city), a destination change, or a change to lower standard accommodation or a lower price. If we have to make a significant change, we’ll tell you as soon as possible and give you three options:

• accept the change;
• switch to another comparable available Trip (with a refund of the difference if the alternative
  is cheaper); or
• cancel and get a full refund.

You need to reply within 7 days. If you don’t, we’ll follow up once more; if you still don’t reply, we’ll assume you’ve accepted the change.

As well as a full refund, we’ll pay you the following compensation if you decline the alternative and cancel, or if we cancel and have no alternative to offer:

We don’t pay compensation if:

• the change is minor;
• a significant change or cancellation is notified before you have paid your final balance;
• you accept the changed or alternative arrangements;
• we cancel because you didn’t pay on time;
• the change results from alterations you asked for; or
• the change or cancellation is due to Unavoidable and Extraordinary Circumstances.
  

If, after the Trip has started, we can’t provide a significant part of it, we’ll arrange suitable alternatives at no extra cost to you or return you to your departure point and, where appropriate, pay
compensation. No compensation is payable where changes are necessary due to Unavoidable and Extraordinary Circumstances.

3.10 Cancellation by us

We can cancel a Booking at any time. However, we won’t cancel after you have paid your final balance unless it’s due to Unavoidable and Extraordinary Circumstances, minimum numbers not being reached (where applicable) , or because you failed to pay the final balance.

If you don’t pay the balance by the due date shown on your Confirmation Invoice, we’ll treat the Booking as cancelled and apply the cancellation charges in section 3.5.

If we cancel for other reasons, we’ll do our best to offer a suitable alternative of similar quality and price (or a lower-quality one with a refund of the difference). If no suitable alternative is available, or you don’t accept it, we’ll refund your Trip price. Unless the cancellation is due to Unavoidable and Extraordinary Circumstances, minimum numbers not being reached (where applicable), or your non payment, we’ll also pay compensation as set out in section 3.9.

If the minimum number of people for any Trip is not reached, we’ll let the Lead Guest know within the following period:

(i) trips lasting more than 6 days, 20 days before the start of the Trip;
(ii) trips lasting between 2 and 6 days, 7 days before the start of the Trip;
(iii) trips lasting less than 2 days, 48 hours before the start of the Trip.

If the minimum number of people for any Trip is not reached, we may in our sole discretion, decide to continue with the Trip if we wish to or otherwise we will terminate the contract and provide you with a full refund (but not compensation).

3.11 Refunds

Any refund is paid using the same method and currency as the original payment.

3.12 Guaranteed departures

All Group Journeys (apart from Small Jet Journeys, Expedition Cruises, Private Jet, Inspiring Expeditions by Geoffrey Kent, Curated Escapes by Condé Nast, and Japan by Luxury Train: Seven Stars in Kyushu) are guaranteed to run with a minimum of two Guests, unless the itinerary says otherwise. If a trip has a higher minimum number, we’ll tell you at booking. Guaranteed departures will go ahead except in Unavoidable and Extraordinary Circumstances.

4. OUR RESPONSIBILITIES

4.1 General

We make all reasonable checks to make sure those involved in preparing and running your Trip meet appropriate standards.

As the “package organiser” under the PTRs, we are responsible for the performance of the travel services listed on your Confirmation Invoice, ATOL Certificate and final itinerary. The descriptions and opinions in our brochures and on the Website about airlines, hotels and other Service Providers are given in good faith and based on the latest information available at publication. We are not
responsible for any extra services provided to you that are not shown on your Confirmation Invoice.

We take Guest safety very seriously. We are responsible for personal injury or death shown to be caused by our negligence or the negligence of our Service Providers. We do not exclude or limit any liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

We will not be liable where any failure to perform or improper performance of the travel services is due to:

• you or another member of your party; or
• a third party unconnected with the provision of the travel services in the package and is
  unforeseeable or unavoidable; or
• unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had
  been taken.
  

4.2 Limits on compensation

For loss of or damage to luggage, personal possessions or money, the most we will pay is equivalent to the excess on your insurance, because you are required to have suitable cover.

For other claims not involving injury, illness or death, the most we will pay is three times the price of the Trip paid by the affected Guest(s).

For claims that relate to international travel by air, sea or rail, or any hotel stay, our liability is limited as if we were the carrier under the relevant international conventions. These include the Montreal
Convention 1999 (or the Warsaw Convention 1929 as amended), the Athens Convention 1974, the Berne/COTIF Convention 1961, and the Geneva Convention 1973. These conventions may limit or
exclude the carrier’s liability and the amounts payable. Copies are available from us on request. The carrier’s own ‘Conditions of Carriage’ also apply, and form part of your contract with the carrier, and with us.

Where a carrier is liable under UK Regulation 261 (EC 261/2004), which covers denied boarding and flight disruption, any liability we have to you on the same facts is limited to what the Regulation
provides, as if we were the carrier.

4.3 Deductions and complaints

If we make a payment to you, we can deduct any amount you’ve received (or are entitled to receive) from a Service Provider for the same complaint or claim.

If we or our Service Providers fail to carry out the services in your Confirmation Invoice and final itinerary with reasonable care and skill, we don’t put things right within a reasonable time, and this
affects your enjoyment of the Trip, you may be entitled to a price reduction or compensation (or both).

You must tell us without undue delay about any failure in the services. The amount of any price reduction or compensation will depend on all the circumstances, including whether you followed the complaints process and how much our or our Service Providers’ negligence affected the Trip. It is your responsibility to show that we or our Service Providers have been negligent.

Accepting any liability under this section depends on you notifying any claim to us and our Service Providers in line with the complaints procedure in section 10.

4.4 Service Providers’ own terms

Certain Service Providers have their own terms and conditions or operational rules relating to their services. By making a Booking, you agree to comply with any such Service Provider terms, conditions and operational rules that are applicable to your Trip. In particular, carriage by air, sea and rail may be subject to the relevant carrier’s conditions of carriage and to appliable international conventions set out in section 4,2 and 7, which may limit the carrier’s or our liability in certain circumstances. You can get copies from us, from the Service Provider, or by email.

Nothing in any Service Provider’s terms and conditions affects your statutory rights or our obligations to you under the applicable law.

4.5 Airlines

Airlines and airports make operational decisions that can cause delays, diversions or rescheduling. We have no control over these and can’t accept responsibility for them. If Unavoidable and Extraordinary Circumstances force us to change or end the Trip after departure, we won’t pay compensation or reimburse expenses. You should have adequate travel insurance and claim on it for luggage or possession losses. Any claim brought directly against us will be limited as explained above.

4.6 Limits on Liability

We do not accept liability for:

• damage, loss or expense we couldn’t reasonably have foreseen based on the information you gave when Booking;
• any expense or loss relating to business (including self-employed loss of earnings) or any
  indirect or consequential loss;
• any services that are not part of the Booking with us, for example extras, facilities, excursions
  or activities arranged by a Service Provider outside our Booking.
  

None of the above excludes or limits liability where it would be unlawful to do so, including for death or personal injury caused by our (or our employees’, agents’ or sub-contractors’) negligence, or for fraud.

4.7 If you can’t get home

If Unavoidable and Extraordinary Circumstances mean you can’t return home on the agreed date, we’ll provide necessary accommodation (of a comparable standard where possible) for up to 3 nights per Guest. After that, you’ll need to claim on your travel insurance. The 3-night cap doesn’t apply to people with reduced mobility, pregnant women, unaccompanied minors, or anyone needing specific medical assistance, provided we were told about these needs at least 48 hours before the Trip started.

4.8 Destination restrictions

We don’t accept responsibility for any destination that restricts access, or otherwise limits enjoyment, based on race, gender, sexual orientation, religion or other personal characteristics. You should research your chosen destination carefully to make sure it meets your needs.

4.9 Adventure travel

Some of our trips involve adventure travel with inherent risks, which can include illness, injury or death; these risks are made greater by remote locations far from medical facilities. By booking, you
accept these risks.

5. YOUR RESPONSIBILITIES

5.1 Travel advice

Before booking you should check the travel advice from the UK government and any government that issued your passport or visa. Please see www.gov.uk/travelaware. Advice changes often, so you should keep checking.

We closely monitor FCDO guidance and, on occasion, we may need to cancel trips, adjust itineraries, or make other changes in response to such guidance. Any such decisions will always be made with your safety and security as our top priority and will be fully communicated to you.

If there’s active government advice against travel to your destination and you choose to go anyway, you accept all risks of loss, injury, death or property damage arising from the events warned about. It is also a condition of Booking that you have adequate travel insurance covering this.

5.2 Passports, visas and health

General information on passport, visa and health requirements for UK citizens is in our literature. These requirements can change. You must check the current position before travelling. Many
countries require passports to be valid for at least 6 months after your trip ends and to have blank pages for visas. You should check www.gov.uk/foreign-travel-advice and contact the relevant embassy or consulate in good time. You should also see your doctor or a vaccination centre about health requirements. All children must travel on full passports.

It is your responsibility to obtain all required documents (passports, visas, health certificates, international driving licences) and to make sure they are in order and you have them with you. If you
are travelling with a child who doesn’t share your surname, you should carry documentation showing the relationship and your permission to travel with them. We are not responsible if anyone is refused entry, or for any loss caused by not meeting these requirements.

You won’t get a refund or compensation if anyone can’t travel because of incorrect or missing documents, or for other passport, visa or immigration reasons. You agree to reimburse us for any fines or losses we incur as a result.

5.3 Flight details and check-in

Around 7 days before departure, you’ll receive flight tickets and other information. You should check the names and flight times carefully and contact us straight away if anything looks wrong; times may have been adjusted since the Confirmation Invoice. Times use the 24-hour clock.

You are responsible for checking in on time and showing up for every pre-booked part of your Trip. We are not responsible for delays due to Unavoidable and Extraordinary Circumstances or for missed flights due to late check-in. No refund or credit is given for services you don’t take up, or for lost or destroyed travel documents.

5.4 Behaviour

Most people go on a trip to relax. If, in our reasonable opinion (or that of a Service Provider or other person in authority), your behaviour, or that of anyone in your party, is dangerous to yourself or others, causing damage, or persistently affecting other people’s enjoyment, we can terminate your entire Booking immediately. If that happens, our liability ends. You and your party will have to leave your accommodation and other arrangements at once. No refunds will be given, and we won’t pay any costs or expenses resulting from the termination.

You and everyone in your party are jointly and individually liable for any damage or losses caused. Payment must be made directly to the Service Provider before leaving. If you don’t pay, you’ll be
responsible for any claims (including legal costs) made against us and for our costs in pursuing those claims.

We are not responsible for the actions of other Guests or people unconnected with your booking.

If you lose personal items during the trip, you should get a written police report to support any insurance claim.

5.5 Local laws and customs

You and everyone in your party must respect and comply with the laws, customs, religious practices and dress codes of every country you visit. Some destinations have laws or customs that differ significantly from the UK, including (for example) restrictions relating to alcohol, dress, photography, religious observance, the rights of LGBTQ+ travellers, and the possession or use of certain medicines. You should research your destination carefully before travelling and follow guidance from the FCDO at www.gov.uk/foreign-travel-advice. We are not responsible for any consequences (including arrest, detention, fines or refused entry) arising from your failure to comply with local laws or customs.

6. INSURANCE

It is a condition of your Booking that everyone travelling is covered by appropriate travel insurance. You must buy insurance that suits the Trip and provides a level of cover that meets your needs, at the latest when you book (so you have cancellation cover), not just before departure. It should cover cancellation, curtailment, all medical expenses (including evacuation and repatriation), personal baggage, personal liability, death, permanent disability and loss of travel documents. You must declare any disability or medical condition to the insurer.

For some Trips (for example, polar cruises) we require proof of a minimum level of emergency evacuation and repatriation cover. If this applies, we’ll tell you at the time of booking and it is a
condition of booking that you arrange suitable cover.

Note that emergency evacuation insurance covers the costs within the plan limits but does not guarantee the timing, method or mode of evacuation or repatriation; that depends on weather, location and other factors outside our control.

Some activities carry inherent risks. For those, you may be asked to sign an additional form from the local Service Provider. Some Service Providers also require a waiver as a condition of taking part, which may limit or exclude their liability (including for personal injury, illness or property damage). By booking, you agree that A&K may sign such a waiver on your behalf. The waiver does not affect your rights under the PTRs or UK consumer law. A&K is not responsible for the acts, omissions or negligence of any Service Provider, except where liability can’t be excluded by law.

Special insurance may be needed if you plan to scuba dive or do other risky sports. You should keep your insurance details with you on the Trip.

7. AIRLINES AND CARRIER LIABILITY

This section deals with your rights against airlines and other carriers (including delay, cancellation, denied boarding and check-in). For what flights are included in your package and how internal flights work, see section 15 (Flight Arrangements).

Between you and the providers of transport, accommodation and other parts of your Booking, the Service Provider’s own conditions apply. These may be subject to international conventions that limit or restrict the Service Provider’s liability. Copies are available on request (please allow 28 days).

Under UK law you have rights to refunds or compensation from an airline in cases of denied boarding, cancellation or delay in certain circumstances. Full details are published at airports and available from the airline. Any reimbursement is the airline’s responsibility and does not automatically entitle you to a refund of all or part of your Trip price from A&K. Your rights to compensation from us are set out in section 3 above.

If the airline doesn’t acknowledge your rights, you can complain to the Civil Aviation Authority (CAA) at www.caa.co.uk. Any amount you receive, or are entitled to receive, from the airline under UK 261 is the full extent of your entitlement to compensation or any other payment from the airline arising from such cancellation, delay, downgrading or denied boarding, including for any disappointment, distress, inconvenience or knock-on effect on travel arrangements.

A flight delay may entitle you to cancel that flight, but it does not automatically entitle you to cancel the whole Trip, even if the Trip was booked together with the flight.

If the airline must compensate you under UK 261, any responsibility we have on the same facts is limited to what the Regulation requires. If we end up paying something the airline should have, you must, if asked, transfer your rights against the airline to us. Other regulations may apply depending on where you are flying to and from.

Transport times are set by the carrier and depend on factors like weather, maintenance, passenger check-in times and air traffic control. Times are estimates and cannot be guaranteed.

Where possible we’ll tell you the operating carrier (or likely carrier) at booking. If only the likely carrier is known, we’ll confirm the actual carrier as soon as we can. Any change of carrier after booking will be notified as soon as possible. A change of carrier, flight time, aircraft type or seat doesn’t give you the right to cancel or change the rest of your trip without paying our normal charges.

The UK Air Safety List (www.caa.co.uk) lists carriers banned from operating in, from and to the UK. If your carrier is banned and no suitable alternative can be offered, the “significant change” provisions above apply.

Airlines regularly overbook. We recommend you check in online as soon as the airline allows, or 24 hours before departure. If you can’t check in online, you should arrive at the airport at least 3 hours before departure, as airlines reallocate seats for late arrivals. A&K cannot check you in.

Seat reservations are at the airline’s discretion and can be changed at any time without notice.

All airlines are independent contractors not owned or operated by A&K. An airline ticket is a contract between you and the airline based on the airline’s terms, even if bought through A&K. A&K is not liable for seat assignments, name changes or insufficient travel documentation. If you change or cancel flights, all airline change and cancellation fees apply.

8. EXCURSIONS

If you book an excursion locally with a third-party operator during the Trip, your contract is with that local operator, not with A&K. Excursions you book locally are not part of the Trip we’ve provided. We have no legal liability for anything that goes wrong on such an excursion; any claim is against the local operator under their terms. We may, at our discretion, offer advice, guidance and assistance if anyone in your party suffers death, illness or injury on a locally-arranged activity.

Some additional excursions can be booked through us before or after departure. If so, we’ll make clear that the Booking is with us. If in doubt, you should ask.

9. HEALTH, DISABILITY AND FITNESS TO TRAVEL

9.1 General health and fitness

If you or anyone in your party has a disability or medical condition, you must tell us before Booking. We’ll be happy to advise and to help choose a suitable Trip. Air travel can cause problems for people with circulatory or breathing conditions (for example, deep vein thrombosis). Anyone with high blood pressure or breathing problems should be careful at altitude. You should consult your doctor before booking and in good time before departure.

Some activities have minimum ages, or minimum or maximum height or weight. Some itineraries include active elements and therefore a minimum level of fitness is required to enjoy them as
intended.

By booking, you confirm that you and everyone in your party are physically and emotionally fit to travel, and have no medical or emotional condition that would endanger anyone or require the Trip to be changed. Anyone with additional and/or specific needs, or who needs medical attention or special accommodation, must tell us in writing at the time of Booking. We recommend that anyone who is not self-sufficient travels with a companion who can help.

You must tell us in advance if any Guest has a physical or other condition or disability that might prevent participation in active elements, or could be a hazard to themselves or others. Some Trips
may require a doctor’s certificate before travel. We will make reasonable efforts to accommodate disability-related requests. If, acting reasonably, we decide we cannot properly accommodate
someone’s needs or that health and safety may be compromised, we can refuse participation. We can also remove, at the Guest’s own expense, anyone whose physical condition or conduct affects the Trip.

For physically demanding Trips (for example, Inca Trail hikes or Kilimanjaro climbs), you and every Guest may need to complete a medical waiver form. If so, we’ll tell you at enquiry and send the form at Booking. It must be returned promptly; if not, we can terminate the Booking. If the answers raise concerns, we’ll discuss them and may need to terminate the Booking.

We cannot accept liability if we’re not told about mobility or medical issues before Booking.

9.2 Public health

There is always some risk of exposure to communicable or infectious diseases or other illnesses in any public place, including on a cruise ship. No precautions eliminate this risk, and older adults or people with underlying conditions may be at higher risk. You acknowledge that by travelling you could also expose others, even if you have no symptoms.

By booking, you voluntarily assume all such risks. Participation is voluntary, and you should consider your own risk and consult a medical provider before travelling.

You agree to follow all public health rules, guidelines and safety protocols issued by A&K or relevant authorities, including (for example) testing, health screening, denial of participation based on
symptoms or exposure, contact tracing, isolation or quarantine, temperature checks, masks, and physical distancing. These rules can change at any time, and it’s your responsibility to confirm and comply with any rules that apply at your destinations.

You are responsible for obtaining current travel advisories and requirements; see www.gov.uk/foreign-travel-advice for the countries you are visiting. If there’s an active travel warning
and you still choose to travel, you assume all related risks.

9.3 Pregnancy

Some activities may not be suitable during pregnancy. If you are pregnant when you book, or become pregnant afterwards, you must tell us as soon as possible. We’ll always try to find suitable alternative activities. If we reasonably decide we can’t properly accommodate someone’s needs due to pregnancy, we may not confirm the Booking or may need to amend or cancel it. We’ll only do this where we reasonably believe there’s a risk to health and safety.

Some cruise ships have specific restrictions (for example, 12 weeks on Ponant, 24 weeks on Crystal, 30 weeks on Ecoventura). Pregnant Guests within the allowed weeks must provide a doctor’s letter confirming mother and baby are in good health, fit to travel for the proposed itinerary, and that the pregnancy is not high risk.

10. IF SOMETHING GOES WRONG

If you are unhappy with anything during the Trip, you must raise it immediately with our local representative (or, if there isn’t one, the Duty Manager on +44 (0)20 7998 4141) and with the hotel or
other Service Provider involved. They’ll do their best to put it right. It is unreasonable to do nothing on the Trip and then write to complain afterwards.

If the problem can’t be resolved locally and you want to complain formally, you should write to us with full details, ideally within 30 days of return. We’ll do our best to investigate and reply within 28
days. Not following these steps may prevent us from resolving or investigating properly and can affect your rights under this contract.

If we make a payment, the recipient (and their parent or guardian if under 18) must transfer to us or our insurers any rights they have to claim against a third party, and must cooperate fully in any recovery.

11. GOVERNING LAW

These terms and anything arising from them are governed by the laws of England and Wales. Any dispute or claim will be dealt with by the Courts of England and Wales. If you live in Scotland or
Northern Ireland, you can choose the law and jurisdiction of those countries instead.

12. FINANCIAL PROTECTION

We provide financial security for flight-inclusive packages and ATOL-protected flights under our Air Travel Organiser’s Licence (‘ATOL’) number 2881, issued by the CAA, Gatwick Airport South, West Sussex, RH6 0YR (tel +44 (0)333 103 6350, email [email protected]). When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at https://www.caa.co.uk/atolprotection/. The price of our flight inclusive packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.We, or the Suppliers identified on your ATOL certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your Contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk.
You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original Booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your Booking to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.

13. PROMPT ASSISTANCE

If you run into difficulty during the Trip for any reason, we’ll offer prompt help appropriate to the situation. In particular, we’ll provide information on health services, local authorities and consular
assistance, and help you with distance communications and finding alternative travel. If the difficulty isn’t caused by us, our employees or sub-contractors, we won’t be liable for the cost of alternative travel or other help you need; however, a carrier or other Service Provider may pay for or provide refreshments or accommodation, and you should claim directly from them.

We won’t cover costs, fees or charges you incur if you make your own alternative arrangements without our prior authorisation. We reserve the right to charge a fee for our assistance if the difficulty is caused deliberately by you or your party, or by your negligence.

14. CHILDREN AND MINORS

Some specific Trips may have their own minimum age; if so, we’ll tell you at booking. Some accommodation requires that children below a certain age share a room with an adult. Acting reasonably, if we can’t properly accommodate a child’s needs, we may not confirm the booking or that activity. If the child wasn’t declared at booking, or is added later, we can amend or cancel the booking.

15. FLIGHT ARRANGEMENTS

This section explains what flights are included in your package and how internal flights work. For your rights against airlines (delay, cancellation, denied boarding, check-in and so on), see section 7.

We will clearly state in your proposal what flights are included, and we will work to include your preferred carrier and routing if you have one. A&K has agreements with many carriers and can quote
from any departure point in the world.

Where charter flights are used and seats are limited, we can substitute and confirm a seat on an available alternative scheduled flight. Internal flights are in economy class and are 100% non
refundable after booking (some exceptions may apply). Flights are confirmed subject to availability, and will be booked in the Guest names confirmed by you.

16. BAGGAGE

If your Trip with us includes flights, we will clearly state the baggage allowance in your travel documents. If you require additional allowance, we can arrange this for you at an additional charge.
On some Trips, luggage allowance may be limited for various reasons; if this is the case, we will make this clear before you book.

17. A&K MOBILE APP

We may provide information for your trip through a web platform and the A&K mobile app. The app is just an interactive way to view your itinerary and related information. If you download it, you are subject to A&K’s privacy policy and app terms. You are responsible for anyone in your party who uses the app via you.

18. ABTA

We are a member of ABTA (membership number V6398/72314). We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

19. INCLUSIONS AND EXCLUSIONS

Everything included in (and excluded from) the Trip will be set out in the Proposal, Option and/or Confirmation Invoice.

Unless we have expressly agreed otherwise in writing, the Trip price does not include: visa and entry fees; vaccinations or other medical costs; travel insurance; gratuities and tips; meals, drinks or excursions not specified in your itinerary; airport transfers not specified in your itinerary; laundry; telecommunications charges; or other personal expenses.

20. DATA PROTECTION

We process the personal information of everyone on the Booking in accordance with our Privacy Policy and applicable data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018.

To make and deliver your Booking, we may need to share personal data (including sensitive information such as health conditions, dietary requirements, mobility needs and passport details) with
our Service Providers and other parties involved in your Trip, some of whom are located outside the UK. By making the Booking, you confirm that you have the consent of everyone in your party to share their personal data with us for these purposes.

Our full Privacy Policy explains the categories of data we hold, how we use it, how long we keep it, who we share it with, your rights, and how to contact us. It is available on our Website. If you have any questions about how we handle personal data, please contact us at [email protected].

21. OTHER IMPORTANT TERMS

These terms, our Privacy Policy, the information in our brochure and on our website, anything else we advise you of prior to booking and the Confirmation Invoice are the whole agreement between us. You are not relying on any other statement, promise or assurance about the Booking.

These terms are between you and A&K. No one else can enforce them.

If we don’t immediately insist on something you are required to do under these terms, or delay taking steps against you for a breach, that doesn’t mean you don’t have to do it, and doesn’t stop us taking steps later. For example, if you miss a payment and we don’t chase straight away, we can still require payment later.

We may transfer our rights and obligations under these terms to another organisation. We’ll do our best to tell you if that happens. It won’t affect your rights or our obligations.

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

If you have any questions about these terms, you should contact us before booking.

KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL
ARRANGEMENTS REGULATIONS 2018

Part 1 — General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore you will benefit from all EU rights applying to the packages. Abercrombie & Kent Limited will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, Abercrombie & Kent Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

Part 2 — Key rights

• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Abercrombie & Kent Limited has taken out insolvency protection with for flight-inclusive packages sold to residents of the United Kingdom by way of an Air Travel Organiser’s Licence number 2881, issued by the Civil Aviation Authority, Aviation House, Beehive Ringroad, Crawley, West Sussex RH6 0YR, UK, telephone 0333 103 6350, email: [email protected] and for non flight packages protection by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk. (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of Abercrombie & Kent Limited’s insolvency.
  

Part 3
A copy of the Package Travel and Linked Travel Arrangements Regulations 2018 is at www.legislation.gov.uk/uksi/2018/634/contents/made.