Terms & Conditions: Cuba People to People Journeys
These Abercrombie & Kent USA, LLC ("A&K") Terms and Conditions apply to 2019 Cuba: People to People Connections group journeys.
SPECIAL PROGRAM NOTES: PEOPLE TO PEOPLE
Please note that the special Cuba people-to-people programs will be different from other programs on which you may have previously participated. Abercrombie & Kent USA, LLC operates the people-to-people program to Cuba under a general license issued by the U.S. Department of the Treasury, Office of Foreign Assets Control and, as dictated by U.S. law, all participants are required to adhere to a full-time schedule of activities designed to inform, educate and promote meaningful interaction with the people of Cuba. Deviation from this itinerary, even in part, is not permitted. Per the general license requirements, this is a full-time program with many inclusions and there will be little to no free time on most days of the program.
Specific itinerary inclusions (visits, meetings with individuals and organizations, home visits) are dependent on outside factors and host availability; therefore, it may sometimes be necessary to substitute with alternatives of equal relevance and interest. Things work differently in Cuba, and activities that had been scheduled far in advance may sometimes become unavailable for a number of reasons. Therefore, flexibility is key and it is very important to go into this experience with an open mind. Your local guide will be adept at swapping activities for others when and if needed, but do not be disappointed if something in your program changes - it is likely to happen. This is a once-in-a-lifetime opportunity to visit a country that has been inaccessible to Americans for a long time, so you are encouraged to make the most of it and enjoy every moment.
The comprehensive itineraries will put you in direct contact with Cuban citizens, and provide structured activities to facilitate your discussions. Your experienced guide will facilitate many of these interactions, but it is a good idea to ask questions to get the most out of the experience. While the people you meet may not speak English, you will be surprised at how much you can share through body language and with the help of a good translator.
As part of your obligations as an authorized traveller under the general license, you are obligated to comply with certain requirements, including maintaining a record of your activities and expenses for five years. We encourage you to keep a travel journal. In addition, there are limits on what you can bring to Cuba, what you can spend and what you can bring back from Cuba that are explained in more detail in your Destination Information.
All Cuba land journeys are guaranteed to operate with a minimum of two (2) persons. Guaranteed departures will operate except only in cases of force majeure, which could include any major world event adversely affecting international travel patterns or other circumstances beyond A&K's control.
A&K PRICE ASSURANCE
A&K will honor any lower advertised price on abercrombiekent.com for the same program, travel date and accommodation classification for all small group and Signature journeys available through A&K excluding Luxury Expedition Cruises, Private Jet, Inspiring Expeditions by Geoffrey Kent, international and internal air and extra services. Travel professional or guest must contact A&K for a price adjustment prior to travel. A&K reserves the right to modify or cancel the A&K Price Assurance for future bookings without prior notice.
INCLUDED IN JOURNEYS
All accommodations, meals and fully guided activities and meetings/exchanges (including park and entrance fees) as noted in the itinerary (please note activities are subject to change without notice due to unforeseen circumstances); airport transfers to the hotel, regardless of day of arrival; services of an A&K Program Director; coffee/tea/soft drinks/water at included meals; local wine and beer at welcome and farewell dinners; local bottled water during sightseeing; porterage of two (2) pieces of baggage; complimentary Internet access at hotels where available; hotel taxes and service charges; and gratuities throughout, except to the Program Director.
NOT INCLUDED IN JOURNEYS
A&K's Guest Protection Program; international and internal airfare; costs associated with obtaining passports and visas for non-U.S. citizens visas; excess baggage charges; gratuities to the A&K USA Program Director; beverages other than those noted in inclusions above; activities and meetings not included in the published itinerary; and personal expenses such as laundry and communication charges.
Specific requests, such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs, should be advised at time of booking. Please note that while every effort will be made to secure a special request, it cannot be guaranteed.
A&K reserves the right to modify program itineraries, including arranged sightseeing, and substitute accommodations, at any time due to unforeseen circumstances or circumstances beyond A&K's control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.
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 typically not included and must be purchased from A&K in addition to the journey. In the instance where charter flights are used and seating is limited, A&K reserves the right to substitute and confirm air reservations on a suitable 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 and internal air quotes are subject to change until final payment has been received by A&K. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by A&K.
All air carriers are independent contractors and are not owned, managed, controlled or operated by A&K. Your airline ticket constitutes a contract between yourself and the airlines (and not A&K), even if purchased through A&K. A&K is not liable for, and does not assume responsibility or accept claims with regard to, seat assignments, name changes, schedule changes, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.
Medical insurance is required for all travellers from the U.S. to Cuba in case of emergency and is included in the cost of your air ticket. Should you encounter any medical emergency during the course of the program, local representatives will be on hand to assist; however, you will need to show your return air ticket and passport in order to receive treatment.
A&K provides porterage of two (2) pieces of baggage per person. Additional fees will be applied for each additional checked bag and are the sole responsibility of the guest.
Additional 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 or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.
PRICES AND ARRANGEMENTS
Quoted program prices are per person, double occupancy except where indicated. Marco Polo Club discount is not eligible on any Connections journey to Cuba for memberships established prior to November 1, 2015. For full program terms and conditions, visit akmarcopolo.com. Although not expected, published prices may be modified due to unexpected significant external factors not forecasted at the time of printing. A&K is under no obligation to give a breakdown in costs of any journey. Modification of program content to accommodate a smaller group size will not affect the published program price.
The minimum age is 18 years old unless noted on the itinerary.
ACTIVE ELEMENTS AND CONDUCT
Some active elements have been incorporated into select itineraries. To enjoy the trips as intended, a minimum level of fitness is required. A&K will require prior notice if any participant has any physical or other condition or disability that would prevent them from participating in active elements of any trip and/or could create a hazard to him or herself or to other members of the group. A&K reserves the right to decline acceptance of anyone whom it considers unsuitable due to fitness level. A&K also reserves the right to remove from the trip, at the participant's own expense, anyone whose physical condition or conduct negatively impacts the enjoyment of the other guests or disrupts the tour.
A&K'S GUEST PROTECTION PROGRAM
Travel insurance is not included in the price of the program and is recommended. You may purchase A&K's Guest Protection Program (which provides cancellation coverage, medical coverage and protection against lost or stolen or damaged luggage) or A&K’s Guest Protection Program with Cancel for Any Reason Coverage for an additional fee. Coverage only takes effect upon A&K’s receipt of payment for the plan. The Guest Protection Program is available up to final payment for your journey; however the plan must be purchased within 14 days of trip deposit in order to waive the pre-existing medical condition exclusion. The Cancel for Any Reason Program is only available for purchase within 14 days of trip deposit and is not available to New York residents and on select journeys. The cost of coverage is calculated based on the total cost of your travel arrangements and is non-refundable 10 days after purchase. For more information, visit www.affinitytravelcert.com/abk.
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 is required for U.S. citizens travelling to all international destinations. Passports must be valid for six (6) months after the return of your journey and should also have sufficient blank pages for visas and immigration stamps.
Visas and authorization for U.S. citizens to travel to Cuba must be obtained prior to arrival in Cuba. Associated fees are included in the cost of the program. U.S. citizens on all programs must sign and return a Travel Affidavit to A&K confirming that they are travelling under the auspices of an OFAC-authorized, people-to-people general license no later than 90 days prior to departure. This form will be sent to you in your Pre-Travel Documentation. A&K will send the required Cuba visa (tarjeta del turista) with your Final Documents prior to departure. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their journey.
You may be refused boarding or disembarkation from a vessel without liability for refund, payment, compensation or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by A&K that result from improper documentation or noncompliance with applicable regulations.
A $500-per-person, non-refundable deposit is required at the time of booking Cuba: People to People Connections group journeys, with final payment due 90 days prior to departure. For departures within 90 days, full payment is required at the time of booking.
Cancellations must be received in writing and will become effective on the date of receipt, fax or email. Cancellations received by A&K are subject to the following:
CANCELLATION FEES PER PERSON
Cuba: People to People Connections group journeys:
91 days prior to departure or more: $500
90-61 days prior to departure: 20% of program price
60-31 days prior to departure: 50% of program price
30 days prior to departure or less: 100% of the program price
Partial Room Cancellation: If a guest cancels or leaves a journey and a roommate remains, an additional supplement may apply to the price for the remaining guest
CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with A&K programs are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.
CLAIMS AND REFUNDS
Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our Limits on A&K's Responsibility clause below. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the local destination company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. A&K will not accept any liability for any claims that are not received within 30 days of the termination of your travel program.
PHOTOGRAPHY DURING TRAVEL
A&K reserves the right to take photographs and video during the operation of any program or part thereof and to use them for promotional purposes during the program and thereafter. By booking a program with A&K, guests agree to allow their images to be used in such photographs and video. Guests who prefer that their images not be used are asked to identify themselves to their Program Director at the beginning of their program.
LIMITS ON ABERCROMBIE & KENT'S RESPONSIBILITY
A&K, its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any property or 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 A&K 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 these trips
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.
Because of the U.S. embargo on Cuba you, as an authorized traveller under this general license, are personally responsible for complying with U.S. laws including, without limitation, restrictions regarding what may be brought to Cuba and what may be brought back.
It is the responsibility of the guest to become informed about the most current travel advisories by referring to the US State Department's travel website at travel.state.gov or by phone at 888 407 4747. In the event of a State Department Travel Advisory against travel to the specific destination location(s) of the trip, 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.
Any controversy or claim arising out of or relating to these Terms and Conditions, to the Limits on A&K'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 (which can be found at cpradr.org), 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.
ANY PAYMENT TO A&K CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN AND IN MORE SPECIFIC PRETRAVEL DOCUMENTATION, INCLUDING THE GUEST INFORMATION FORM.
A&K accepts all major credit cards.
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 Abercrombie & Kent companies that work with A&K, 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.
A&K reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by A&K to the website abercrombiekent.com. Accordingly, guests should check the website abercrombiekent.com prior to travel in order to ensure they are aware of any changes.
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