Terms & Conditions: Holiday Sale Private Journeys 2020
These Abercrombie & Kent USA, LLC ("A&K") Terms & Conditions apply to Holiday Sale Private Journeys departing between January 1 and December 31, 2020.
INCLUDED IN JOURNEYS
All accommodations, meals, English-speaking guides and private sightseeing (except for shared excursions from safari camps/lodges, cruise vessels and trains or other exceptions), as noted in the itinerary; park and entrance fees; arrival and departure transfers; coffee/tea/soft drinks/water at included meals; local bottled water during sightseeing; porterage of two (2) pieces of baggage; and hotel taxes.
NOT INCLUDED IN JOURNEYS
A&K's Guest Protection Program; international and internal airfares, unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; all gratuities; meals other than those specified in the itinerary; beverages other than those noted in inclusions above or specified in the itinerary; any meals for your guide if you invite him/her to dine with you; sightseeing not included in the itinerary; and personal expenses such as laundry, communication charges, Internet access; and optional activities (which are subject to availability).
Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it can be arranged for an additional charge. Please ask A&K for details and prices.
Specific requests such as adjacent or connecting rooms, types of beds, 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, including vessels, aircraft and trains, 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. All scheduled sightseeing has been confirmed in advance, but venues including wildlife reserves, museums and other points of interest can change their hours of operations at short notice. If this occurs, your guide will offer alternative arrangements.
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 air purchase. 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.
A&K provides porterage of two (2) pieces of baggage per person. Please note should your journey include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions may apply.
Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner's risk throughout the travel program, and A&K assumes no liability for lost 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. 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.
No minimum age is required unless noted on the itinerary and all children under age 18 must be accompanied by an adult. Some activities contained within an itinerary may have a different age restriction than the overall minimum age requirement. Details will be provided at the time of booking.
ACTIVE ELEMENTS & CONDUCT
Some active elements have been incorporated into select itineraries. To enjoy the trip 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 may require guests to produce a doctor’s certificate certifying that they are fit to participate. Acting reasonably, if A&K is unable to properly accommodate the need of the person(s) concerned or believes that health and safety may be compromised, A&K reserves the right to refuse participation. 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 himself or herself or other members of the tour. 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. and Canadian 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 visa pages for entry and exit stamps. Many destinations also require a visa for U.S. and Canadian citizens; this will be indicated in your Pre-Travel Documentation. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train 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 which result from improper documentation or noncompliance with applicable regulations.
RESERVATION AND PAYMENT SCHEDULE
Any payments made to A&K constitute your acceptance of the terms and conditions set out herein and in more specific pre-travel documentation, including the guest information form.
A&K accepts all major credit cards.
100% of the program price is required at time of booking and is non-refundable.
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 consideration 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 Local Guide at the beginning of their program.
LIMITS ON A&K’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, helicopter flights, ziplining, high altitude treks, climbing, whitewater rafting, jet boat rides, snowmobiling, 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.
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.
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.
©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, TRAVELLER'S VALET, TRAVELLING BELL BOY and the ampersand design are service marks owned by A&K Sarl.