Terms & Conditions: 2020 Around the World with Geoffrey Kent: An Inspiring Expedition by Private Jet
PRIVATE JET OPERATOR-PARTICIPANT
CONTRACT AND TERMS AND CONDITIONS
Please read the following information carefully. In order for your
reservation to be completed, you must indicate your acceptance
of the terms of the Agreement by signing and submitting the
Reservation Form to Abercrombie & Kent USA, LLC.
AROUND THE WORLD WITH GEOFFREY KENT:
AN INSPIRING EXPEDITION BY PRIVATE JET
September 30–October 25, 2020
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 Around the World with Geoffrey
Kent: An Inspiring Expedition by Private Jet (hereinafter called the
“Tour”) from September 30–October 25, 2020.
RESPONSIBILITY
A&K is the charter 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.
CHARTER TOUR PRICE
The price of the full Tour is $160,000 per person, double
occupancy, with an additional $18,500 charge for a single room
(subject to availability). Tour price includes any internal flights,
all applicable taxes and the additional services as described in the
Around the World with Geoffrey Kent: An Inspiring Expedition
by Private Jet brochure. Prices reflected in this contract are based
on current taxes and jet fuel costs. Rises in cost of tax and/or
fuel could necessitate a supplemental charge. Except for “major
changes,” as described below, no refund will be made for any
accommodations or services included in the charter price which
you voluntarily do not use.
RESERVATIONS AND PAYMENT
A non-refundable deposit of $15,000 per person and a signed
contract is required to secure a confirmed reservation for the
Tour. A second non-refundable deposit of $30,000 per person is
due by January 4, 2020. Final payment will be due on or before April
3, 2020. If your reservation is made within 179 days of departure
(on or after April 3, 2020), 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 within 7
days, or with your authorization, we can retain the deposit and
place your name on a waiting list in case other passengers cancel
their reservations. Even if you authorize us to put your name on
a waiting list, we will notify you within 7 days that the tour is
fully booked.
All checks and money orders must be made payable to our
depository bank, “Shelby Financial Corporation – Abercrombie
&Kent USA, LLC, Escrow Account,” or to your travel agent,
who in turn must make a check payable to “Shelby Financial
Corporation – Abercrombie & Kent USA, LLC, Escrow Account.”
Payment may be made using any major credit card, check or wire
transfer, and all payments are secured in an escrow account.
Please note: A minimum age to participate in this program applies. Please inquire at the time of booking.
ESCROW AGREEMENT
All payments received by Abercrombie & Kent USA, LLC, for travel
services on this charter program are protected in part by a surety
trust agreement that we have obtained from Level One Bank, 32991
Hamilton Court, Farmington Hills, MI 48334. Unless you file a
claim with us, or, if we are not available, with the securer within 60 days after the completion of the charter, the securer will be
released from all liability to you under this security agreement.
Claims should be filed directly with Abercrombie & Kent USA,
LLC, and Shelby Financial Corporation, Attention: Michael Glynn,
5 Great Valley Parkway, Suite 110, Malvern, PA 19355 within 60
days after the completion of the trip. Otherwise, Shelby Financial
Corporation, Level One Bank and Abercrombie & Kent USA, LLC,
shall be released from all liability to you under this Agreement.
INSURANCE
Trip cancellation, health and accident insurance are strongly
recommended.We will send you information on Abercrombie &
Kent’sGuest Protection Program. To cover a pre-existing condition,
the insurance premium must be confirmed at the time of booking
and will be based on the initial deposit required.The balance of the
insurance premium must be paid at the time of the second deposit.
Insurance premiums and refunds are subject to the policies of the
insurance carrier.
BAGGAGE
Each participant is strictly limited to 80 lbs. of checked baggage in
a maximum of two suitcases. Small carry-ons should be limited to
one per person. A carry-on bag will be provided by Abercrombie &
Kent USA, LLC, for each guest prior to departure. 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 other baggage restrictions applicable to your
flights to join and leave the Tour.
On local flights in India and Brazil, guests are strictly limited to one 44 lb/20 kg checked bag per person.The remainder of guests’ luggage will be stored by Abercrombie & Kent USA, LLC, during these program segments.
For INTERNATIONAL FLIGHTS, the air carrier’s liability is
limited to the actual value of the baggage but not more than 1,131
special drawing rights (SDR) per passenger.
CANCELLATION
Cancellations 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.
If you cancel your reservation, your right to receive a refund is
limited, per the following schedule:
CANCELLATION FEES PER PERSON
Date Amount
Before January 4, 2020 $15,000
Between January 4 and April 3, 2020 $45,000
On or after April 3, 2020 100% of the program price
If you cancel and provide a substitute participant for this trip, you will receive a full refund of money paid toward the charter price less an administrative charge of $25 within 14 days after the substitute has paid in full. The costs for visas, commercial air tickets, and pre-tour or post-tour independent arrangements may not be refundable. If you paid for the Tour by credit card, you may cancel and receive a full refund any time until you have signed an Operator Participant Contract. Such refunds will be made within 14 days of cancellation.
The passenger shall have the right to cancel and receive a full refund
if A&K makes any of the following “major changes” in the Tour
prior to departure:
(a) A change in the departure or return date, unless the change
results from a flight delay required by the Air Carrier that does not
exceed forty-eight (48) hours, and of which A&K received less than
two (2) days’ notice.
(b) A change in the origin or destination city, unless the change
affects only the order in which cities are visited.
(c) A substitution of any hotel of lesser quality that is not named in
this contract.
(d) A price increase of more than 10 percent (10%).
Notice of any “major change” described in this paragraph will be given within seven (7) days of learning of the change, but at least ten (10) days prior to the scheduled departure date. Provided, however, that if A&K first learns of a major change within ten (10) days of the scheduled departure date, it will notify the passenger as soon as possible. Within seven (7) days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within fourteen (14) days. If a major change occurs after the departure of the flight which you are unwilling to accept, A&K will refund, within fourteen (14) days after the return date named in this agreement, that portion of your payment which applies to any services not provided.
A&K reserves the right to cancel the Tour at any time for any
reason whatsoever, in its sole and unreviewable discretion.
Provided, however, that A&K shall have no right to cancel the
Tour less than ten (10) days before the scheduled departure except
due to circumstances that make it physically impossible for it to
operate the Tour.If a charter is canceled 10 or more days before the
schedule departure, A&K will notify you in writing within 7 days
after the cancellation, but in any event, at least 10 days before the
scheduled departure. If cancellation within 10 days of the departure
date is required because it is physically impossible to operate the
Tour, A&K will notify the passenger as soon as possible.
The passenger’s acceptance of any refund offered under this
Agreement shall constitute a waiver of any additional remedies.
A&K and the Air Carrier each assume no responsibility and shall
not be held liable for Acts of God, 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
that is beyond its reasonable ability to control.
AIRCRAFT AND FLIGHTS
ICELANDAIR, Reykjavikurflugvollur, IS-101 Reykjavik, Iceland,
the Air Carrier, will be using a Boeing 757-200ER Business Jet with
50 VIP-style seats.The Air Carrier reserves the right to change the
aircraft if it becomes unserviceable with a reasonable substitute of
comparable capacity.The timetable and flight routes for the Tour are
approximate and subject to change. In addition, international flights
are subject to landing rights and other restrictions that are under
foreign government control. If a foreign government for any reason
denies landing rights, and if travel to that destination is canceled,
the passenger will receive a refund with respect to such flight.
Passengers and their personal belongings, including baggage, are subject to search by airport authorities to ensure the safety and security of the flight. Any passenger who, upon request, refuses to consent to any such procedure may be refused transportation.
No individual air ticket will be issued to the travellers on the private jet. Rather, each traveller will be listed on a master air manifest that will be the responsibility of the Tour Director throughout the Tour. Air Carrier’s Right to Deny Boarding.The Air Carrier shall have the right to refuse boarding or to remove any passenger:
(a) Who appears to be intoxicated or under the influence of any
illicit drug or controlled substance;
(b) Who refuses to consent to any reasonable checks of his person
or baggage deemed by the Air Carrier or responsible airport
authorities to be in the best interest of the flight;
(c) If necessary for the reasonable safety and comfort of the other
passengers or if the passenger is creating a hazard or risk to himself
or other persons or property;
(d) Whose passport, visas, vaccination certificates and all other
required travel documents are not complete, or who has not
complied with the applicable laws, regulations, orders, demands
or travel requirements of any country or state from, through or to
which a charter flight is operated on the Tour.
Tour Itinerary. The full Tour begins in Seattle on September 30,
2020, and ends in New Orleans on October 25, 2020.The information
regarding the itinerary, flight segments, hotels, and ground services
provided in the Around the World with Geoffrey Kent: An Inspiring
Expedition by Private Jet brochure is hereby incorporated by reference.
Passenger’s Representations.
(a) Passenger 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. Passenger agrees that he
or she may be removed from the Tour at his or her own expense if
not compliant with the foregoing.
(b) Passenger 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)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.
(d) 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 Around the World with
Geoffrey Kent: An Inspiring Expedition by Private Jet brochure.
PROGRAM INCLUSIONS
Included in the quoted program price:
Aircraft: The private jet flights will be performed using a Boeing
757-200ER aircraft with 50 lie-flat, VIP-style seats from Seattle,
Washington, routing via Anchorage, Alaska (technical stop);
Komatsu, Japan; Hanoi, Vietnam; Luang Prabang, Laos; Delhi,
India; Malé, Maldives; Asmara, Eritrea; Cotonou, Benin; São Luis
Maranhao, Brazil; New Orleans, Louisiana, USA.The air carrier
for the private jet flights will be Icelandair. Additionally, local
charter flights and helicopters will be used for transportation and
excursions in Vietnam, India and Brazil.
Accommodations: Accommodations as indicated in the itinerary, based on double occupancy. Single occupancy is available at a supplementary cost. Single accommodations are limited on this program. A limited number of suite upgrades are available at additional cost at some destinations and can be purchased on a first-come, first-served basis.
Note: A&K will assign seats on the private jet and hotel/camp accommodations on a first-come, first-served basis at its discretion.
Visas: Concierge service to facilitate the procurement of required visas.
Meals: All meals, beginning with dinner in Seattle on September 30, 2020 and ending with breakfast on October 25, 2020.
Beverages: Bottled water at all meals and on excursions. Beer, wine, soft drinks and bottled water at all lunches and dinners where available. Full bar service on private jet flights and at scheduled cocktail events.
Private transfers: Transfers on arrival to join the trip in Seattle and on departure from New Orleans at the end of the trip are included, regardless of the day of arrival or departure.
Additional inclusions:A&K’s Travelling Bell Boy Service is provided; however, because of security regulations, this service may be limited at airports, rail stations and points of embarkation for cruises. A&K’s Traveller’s Valet includes laundry service for ten (10) pieces at several stops during the trip; dry cleaning is not included.
Services: Services of professional A&K Tour Director, Tour Managers, Luggage Manager, Photographer and a Physician throughout the itinerary; local guides are provided in each destination.
Hotel and airport taxes.
Internet access: Internet access will be limited in some destinations; where available, complimentary Internet access is included.
Entrance fees: During all sightseeing tours.
Gratuities: All gratuities, including those for your professional A&K Tour Director/Managers and Luggage Manager.
Not included in the quoted program price:
A&K’s Guest Protection Program; 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;
premium liquor except on the private jet and during special events;
beverages, other than those with group meals or at group functions;
personal laundry (except for A&K’s Traveller’s Valet); 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 AND ARRANGEMENTS
The quoted Tour price includes planning, handling and operational
charges, and is based on current rates of exchange, tariffs and taxes
as of May 2019. 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.
Abercrombie & Kent USA, LLC, also reserves the right to change
the aircraft if it becomes unserviceable with a reasonable substitute
of comparable capacity, withdraw a Tour or any part of it, to make
such alterations in the itinerary, to change the maximum number
of passengers, or withdraw the Tour inclusions as it deems necessary
or desirable and to pass on to Tour members any expenditures or
losses caused by delays or events beyond its control.
Visa Documents/Entry Permits: Tour visas and/or entry permits
will be required by U.S. and Canadian passport holders for Vietnam, India, Eritrea
and Benin and should be obtained prior to departure. Tour visas and/
or entry permits for Laos and the Maldives will be obtained on your
behalf by A&K. At the time of publication, visas are not required
for U.S. or Canadian passport holders for any other destination on this itinerary.
A&K provides a visa processing concierge service; information and
instructions for the procurement of required visas to Vietnam, India,
Eritrea and Benin will be provided in your pre-tour documentation.
Our service does not guarantee the issuance of visas or passports.
Officials may request additional documentation and, in declining to
issue a passport or visa, such officials may not disclose their reasoning.
Failure to obtain visas and/or entry permits does not negate the terms
and conditions. Any extra costs for rerouting participants without
visas and/or entry permits will be the responsibility of the participant.
Health Requirements: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 cultural differences with
grace. Walking and climbing stairs are required in many hotels and
airports, to board the aircraft, and as part of many excursions. Prior
to travelling, we highly recommend visiting your personal physician
for a check-up, so that you may discuss your ability to participate
in this type of journey. Malaria and other diseases are present in
some of the countries featured in this itinerary. Proof of yellow
fever inoculation is required. 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. If you require a
slower pace, extra assistance, or the use of a cane or walking stick,
arrangements will be made for private touring at each destination, if
necessary, at the discretion of our Tour staff. Any extra cost for such
arrangements will be the responsibility of the participant. If you
would like to forgo some of the scheduled sightseeing to rejuvenate
and relax, please feel free to do so at any time..
PHOTOGRAPHY DURING TRAVEL
Abercrombie & Kent reserves the right to take photographs and
video 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 and video. 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.
TRAVEL ADVISORIES
It is the responsibility of the traveller to become informed about
the most current travel advisories 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
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.
ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to these
Terms and Conditions, 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
(cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/610/2007-
CPR-Rules-for-Non-Administered-Arbitration-of-International-
Disputes.aspx), 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.
GUEST’S REPRESENTATIONS
The guest represents that neither he nor she nor anyone travelling
with him or her has any physical or other condition or disability
that could create a hazard to him or herself or other members of
the Tour.
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. Additional guest assistance is available at a
supplemental cost.
AIR TRANSPORTATION TO SEATTLE AND FROM
NEW ORLEANS
Air transportation to Seattle and from New Orleans 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.
ALL AIRFARES AND CONDITIONS THEREOF ARE
SUBJECT TO CHANGE
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.
ANY PAYMENT TO ABERCROMBIE & KENT CONSTITUTES
YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS
SET OUT HEREIN, WHICH MUST BE CONFIRMED BY
SIGNATURE ON THE OPERATOR-PARTICIPANT CONTRACT
THAT WILL BE SENT TO YOU UPON CONFIRMATION OF
YOUR RESERVATION.
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.
©2019 Abercrombie & Kent USA, LLC, ABERCROMBIE & KENT,
A&K, CONNECTIONS, CONNECTIONS BY ABERCROMBIE
& KENT, DESIGN YOUR DAY, INSPIRING EXPERIENCES,
GUARDIAN ANGEL, MARCO POLO CLUB, MARCO POLO
JOURNEYS, RESIDENT TOUR DIRECTOR, SIGNATURE
SERIES, SIMPLY THE BEST WAY TO TRAVEL, TRAVELLING
BELL BOY, TRAVELLER’S VALET and the ampersand design are
service marks owned by A&K Sarl.
CST #2007274-20
USDOT #PC-19-049