Terms & Conditions: Emperors & South Pole
Please read the following information carefully. In order for your reservation to be completed, you must indicate your
acceptance and execution of (i) these terms & conditions; (ii) the Waiver at Schedule 1 and the Medical Form at
EMPERORS & SOUTH POLE
AN INSPIRING EXPEDITION BY GEOFFREY KENT
December 12-23, 2018
This agreement sets forth the terms and conditions under which Abercrombie & Kent USA, LLC., 1411 OPUS PLACE, EXECUTIVE TOWERS WEST II, DOWNERS GROVE, ILLINOIS 60515 (hereinafter called “A&K”), agrees to provide the services described in the brochure for Emperors & South Pole: An Inspiring Expedition by Geoffrey Kent, (hereinafter called the “Tour”) from December 12-23, 2018.
A&K is the tour operator and, except as expressly provided in this Agreement, is responsible to the passenger for contracting for all services and accommodations offered in connection with the Tour. However, in the absence of negligence of A&K, we are not responsible for personal injury, property damage or other loss caused by (a) any air carrier, hotel or other supplier of any of the services being offered in connection with the Tour, or by (b) delays, or defects in or failures of any aircraft, vessel, automotive vehicle, or other means of transportation or supplier that is not under its direct control.
The price of the full Tour is $185,000 per person, double occupancy. Tour price includes all services and on-tour transportation, all applicable taxes and the additional services as described in Emperors & South Pole: An Inspiring Expedition by Geoffrey Kent brochure. Prices reflected in this contract are based on current taxes and fuel costs. Rises in cost of tax and/or fuel could necessitate a supplemental charge. Any tips or gratuities not specifically mentioned as included in the total tour price will be at your discretion. No refund will be made for any accommodations or services included in the tour price which you voluntarily do not use.
RESERVATIONS AND PAYMENT
A deposit of $135,000 per person, which is non-refundable if you cancel, is required to secure a confirmed reservation for the Tour. A second payment of $50,000 per person, also non-refundable if you cancel, is due by April 30, 2018. If your reservation is made on or after April 30, 2018, the entire cost of the trip must be paid at the time of confirmation. If the Tour is fully booked when your reservation is received, your payment will be returned, or with your authorization, we can retain the deposit and place your name on a waiting list in case other passengers cancel their reservations.
Payment may be made using any major credit card, check or wire transfer.
Please note: A minimum age of 15 is required to participate in this program
Trip cancellation is strongly recommended for coverage of any cancellation or curtailment of the program arising from circumstances such as, without limitation, change in itineraries, change in medical condition, and change in logistical arrangements or circumstances beyond our reasonable control. You should ensure that the insurance policy does not contain any exclusion clauses limiting coverage for the type of activities included or the locations included in this program. We will provide you with details of our recommended insurance provider. Insurance premiums and refunds are subject to the policies of the insurance carrier. We reserve the right at our discretion to refuse to allow any member of your party who is inadequately insured to participate in the program or any part of it. In that situation, we would not refund any part of the program price and would have no further liability to you arising from such refusal. It is your responsibility to ensure that the policy is suitable for the Tour.
Compulsory emergency medical and evacuation insurance is included in the cost of the tour. Summary coverage amounts are as follows:
$1,000,000; Medical Maximum is per person per Period of Coverage. Age 70-79, maximum limited to $100,000. Age 80+, maximum limited to $15,000.
Emergency Medical Evacuation/Repatriation
$500,000 (in addition to the Medical Maximum) A copy of your policy is attached at Schedule 3. You will be responsible for any additional expenses over and above the limits set out above and set out in the policy. If you require additional medical or evacuation coverage, then please purchase this separately.
Cancellations by you must be received in writing and will become effective on the date of the postmark, fax or email receipt. All payments are non-refundable. Refunds will not be made for any missed services or missed days.
CANCELLATION FEES PER PERSON
Before April 30, 2018 $135,000
On or after April 30, 2018 $50,000
CANCELLATION BY A&K
A&K reserves the right to cancel the Tour at any time for any reason whatsoever, in its sole and absolute discretion.
The passenger’s acceptance of any alternate arrangement or refund offered under this Agreement shall constitute a
waiver of any additional remedies. If we are unable to offer you a suitable alternative, then we will give you a refund of the
tour price which you have already paid, less any irrecoverable costs already incurred in relation to the cancelled program,
which shall not exceed 25% of the program price. Subject hereto, we will have no further liability to you arising from the
Refunds are not made for any missed services. Please see our Limits on A&K's Responsibility clause below.
A&K assumes no responsibility and shall not be held liable for acts of nature, fire, flood, fog, smog, weather, mechanical failures, acts of government or other civil or military authorities, wars, civil disturbances, riots, terrorist acts, crimes, strikes, shortages of aviation fuel, epidemics, quarantines, hazards incident to sea, land and air travel, or any other similar occurrence, without limitation, that is beyond its reasonable ability to control.
A&K reserves the right to modify program itineraries, including arranged sightseeing, and substitute accommodations and/or aircraft at any time due to unforeseen circumstances or circumstances beyond A&K's control and which may affect our ability to provide the scheduled itinerary or which may make the operation of the scheduled itinerary unsafe or otherwise inadvisable. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued. As this tour does involve adventurous travel to remote and inhospitable regions, the logistics associated with the tour are unique to the Polar Regions and, as such, are very complex. Accordingly, changes may need to be made in the interest of safety, due to logistical factors or other reasons associated with travel to a polar environment.
The possible changes to the scheduled itinerary may notably include certain components of it, dates and departure times and aircraft types used to perform the Tour.
We will endeavor to give as much advance notice of any changes as possible but, due to the nature of the circumstances, it may not always be possible to do so and, consequently, we reserve the right to make such changes at any time and without prior notification to you.
While A&K acknowledges the participation of Geoffrey Kent in the tour forms a part of the tour experience, this cannot be guaranteed. Events outside of A&K’s control such as medical or personal reasons may result in Geoffrey Kent not being able to participate or join the tour. Notwithstanding any non-participation by Geoffrey Kent the tour shall continue to operate on the set itinerary.
(a) Guest certifies that he or she has not recently been treated for, nor is he or she aware, of any physical or other condition or disability that would create a hazard to him or herself or other members of this Tour or reduce their ability to enjoy and benefit from the sightseeing and dining program. Guest agrees that he or she may be removed from the Tour at his or her own expense if not compliant with the foregoing.
(b) Guest agrees to comply with all treaties, customs, police, public health and other regulations including the immigration and customs laws of each country or state from, through, or to which the Tour is operated.
(c) A&K reserves the right to decline to accept anyone on a trip, and to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or herself or others, or otherwise impact the enjoyment of other guests on the trip.
(d) Passenger accepts full responsibility for all consequences of his or her failure to obtain passports, visas, vaccination certificates and all other documents required for travel to destinations in the Tour itinerary.
(e) Passenger warrants that his or her passports have a sufficient number of blank pages (at least one per destination) to last the duration of the itinerary as described in the Emperors & South Pole: An Inspiring Expedition by Geoffrey Kent brochure.
(f) Passenger accepts that he or she is not permitted to leave the base camp in Antarctica without being accompanied by our local supplier’s expedition leader or guide. Our local supplier’s expedition leader or guide has the authority to make decisions regarding the operation of the Tour and their decision on such operational issues will be final.
All accommodations, meals and fully guided sightseeing (including park and entrance fees) as noted in the itinerary; airport transfers to/from hotel/airport in Cape Town, South Africa, regardless of day of arrival and departure; all on-tour charter aircraft transportation; services of A&K Tour Director and experienced guides/expedition staff throughout; coffee/tea/soft drinks/ water at included meals; wine and beer with all lunches and dinners; local bottled water during sightseeing; porterage of two (2) pieces of baggage; hotel taxes; gratuities throughout, except to the local guides/expedition staff; and a complimentary expedition parka.
Baggage, when not handled by Abercrombie & Kent USA, LLC, and personal effects are at all times the sole responsibility of the participant. Check with your selected airline for baggage restrictions applicable to your flights to join and leave the Tour.
On local charter flights during the course of this journey, participants are limited to 48 lbs (22 kilos) of checked luggage. Small carry-ons should be limited to one per person and weighing not more than 17 lbs (8 kilos).
Due to the hostile nature of Antarctica’s environment, it is essential that each member of your party is properly equipped and clothed in accordance with the requirements set forth in our packing recommendations. A&K local representatives are experts in polar clothing and, consequently, will have the final decision as to whether a member of your party is suitably equipped and clothed or not. If, either prior to commencement of the program or during the program, our representatives consider that any member of your party is not suitably equipped or clothed, than that member’s participation in the program or relevant part of the program will be cancelled, in which case you will not be entitled to a refund of any part of the program price and we will have no further liability to you arising from the cancellation. You will further be responsible for any additional costs (such as flight, accommodation and subsistence costs) incurred as a result of the cancellation. A&K will provide for the appropriate polar boots and polar jackets for your use during the program.
NOT INCLUDED IN THE QUOTED PROGRAM PRICE
Trip cancellation insurance; airfares to join/leave the program; additional or alternative sightseeing not included in the itinerary; excess baggage charges; personal expenses such as costs to obtain passports and visas which are not included in the Tour cost; special assistance; meals other than specified in the itinerary; beverages, other than those with group meals; and communication charges. Itinerary, accommodations and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Every effort will be made to operate the Tour as planned.
PRICES & ARRANGEMENTS
The quoted Tour price includes planning, handling and operational charges, and is based on current rates of exchange, tariffs and taxes as of August 2017. Abercrombie & Kent USA, LLC, reserves the right to increase Tour price to cover increased costs, fuel surcharges, tariffs and taxes after brochure is published, and to reflect fluctuations in foreign exchange markets. Marco Polo Club discount is not applicable to this program.
PASSPORTS AND VISAS
It is the guest's sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All guests are advised to check with the appropriate government authority to determine the necessary documents. A valid passport with multi-entry use for South Africa is required. Passports must contain at least two (2) consecutive blank (unstamped) pages and must be valid for six (6) months after the return of your journey. South Africa Immigration is extremely strict and may refuse entry or require participants to return home on the next available flight if these requirements are not met. If any member of your party if refused entry to South Africa, for whatever reason, that member’s participation in the program will be cancelled and will not be entitled to a refund of the program price.
This is an active program, which requires you to make a realistic assessment of your health. All participants are expected to be in active good health, to enjoy travelling as part of a group, and to be ready to experience difficult terrain and a hostile environment. Within one month of booking, you must visit your personal physician and procure his signature on our confidential Medical Information form and return it to us to confirm your ability to participate in this type of journey. No one may participate in the tour unless the medical report is acceptable to the local operator. If you are not accepted on the tour following your booking you will have your deposit returned. If you do not provide the Medical Information form within one month of booking, it will be deemed to be a cancellation by you and no refund of the deposit will be made. If, after you have provided the medical reports and been accepted on the tour, there is any change to your medical condition, you are required to disclose this to us as soon as possible. The local operator will assess the change in your medical condition and has total discretion to refuse to accept you on the tour as a result of the change in your medical condition. If you are refused participation as a result there is no refund of the Program Cost and you will be liable for any additional costs (such as flight, accommodation and subsistence cost), which is why we highly recommend that you purchase trip cancellation insurance.
For the latest recommendations on specific health precautions for the areas you will visit, consult your physician and the Centers for Disease Control. Any physical condition requiring special attention, diet, or treatment should be reported in writing when the reservation is made. We will make reasonable efforts to accommodate participants with special needs; however, we cannot accommodate wheelchairs.
VOLUNTARY ASSUMPTION OF RISK
You acknowledge that there are certain known and unknown hazards involved in Antarctic expeditions which you and each member of your party accept voluntarily at your own risk. The Waiver attached at Schedule 1 must be read and executed by each participant.
PHOTOGRAPHY DURING TRAVEL
Abercrombie & Kent reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with A&K, program members agree to allow their images to be used in such photographs. Program members who prefer that their images not be used are asked to identify themselves to their Tour Director at the beginning of their program.
LIMITS ON ABERCROMBIE & KENT'S RESPONSIBILITY
Abercrombie & Kent USA, LLC, its employees, shareholders, officers, directors, successors, agents and assigns (collectively A&K), does not own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated Abercrombie & Kent companies). All such persons and entities are independent contractors. As a result, A&K is not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, A&K is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation, or for failure of any transportation mechanism to arrive or depart on time. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in this trip.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, SCUBA diving, snorkeling, hot air ballooning, ziplining, high altitude treks, climbing, whitewater rafting, primate tracking and any activity which A&K considers to carry inherent risk of serious illness, injury or death ("Activities") then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release A&K and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release A&K, whether known or unknown, from, and agree not to sue or make claim against A&K for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of A&K (but not its reckless, willful, or fraudulent conduct), and/or from any defect in equipment. You further agree to indemnify and hold A&K harmless with respect to any claim made against A&K by anyone else which (a) related to your participation, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself.
TRAVEL ADVISORIES AND WARNINGS
It is the responsibility of the traveller to become informed about the most current travel advisories and warnings by referring to the U.S. State Department’s travel website at travel.state.gov or by phone at 888 407 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, should the guest still choose to travel, notwithstanding any travel advisory or warning, 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.
Any controversy or claim arising out of or relating to these Terms and Conditions, the Schedules, to the Limits on Abercrombie & Kent’s Responsibility clause, to any A&K brochure, to any information regarding any A&K trip, service or package, or to any A&K-related trip, activity, service or package, shall be submitted exclusively to and resolved in binding arbitration in Chicago, Illinois under the (CPR International Non-administered Arbitration Rules), before a single arbitrator appointed by CPR. Any party or their representative may appear for the arbitration by telephone or video conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees.
AIR TRANSPORTATION TO AND FROM CAPE TOWN
Air transportation to join and leave the program in Cape Town, South Africa, is not included in the Tour price. Upon request we will arrange the best-priced airfare available in the class category you request at the time of your booking. Please note that certain airfares are subject to a service fee. Should you cancel or change your air reservation before or after your departure, cancellation penalties may apply. Air reservations will not be confirmed until a passport copy is received.
Airlines concerned are not to be held responsible for any act, omission or event during the time guests are not on board their planes or conveyances. These programs may use the services of any IATA carrier.
International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage. A&K reserves the right to substitute, without giving reason, another one or more aircraft of suitable standard and configuration for the aircraft operated.
ONE NAME: ONE UNPARALLELED STANDARD WORLDWIDE
Throughout this brochure, you’ll see references to “Abercrombie & Kent” (or simply “A&K”). This is our shorthand for the many independent A&K companies that work with Abercrombie & Kent USA, LLC, of Downers Grove, Illinois, to provide its travellers with a consistent worldwide standard of expertise and excellence in travel. Their independence allows our guests to benefit from unique local knowledge and specialized services available only from destination-based operating companies around the globe.
®2017 Abercrombie & Kent USA, LLC, ABERCROMBIE & KENT, A&K, CONNECTIONS, CONNECTIONS BY ABERCROMBIE & KENT, DESIGN YOUR DAY, INSPIRING EXPEDITIONS, GUARDIAN ANGEL, MARCO POLO CLUB, MARCO POLO JOURNEYS, RESIDENT TOUR DIRECTOR, SIGNATURE SERIES, SIMPLY THE BEST WAY TO TRAVEL, TRAVELLER’S VALET, TRAVELLING BELL BOY and the ampersand design are service marks owned by A&K Sarl.