Terms & Conditions: The American West by Private Air
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.
THE AMERICAN WEST BY PRIVATE AIR: AN INSPIRING
EXPEDITION BY GEOFFREY KENT
June 12-23, 2021
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 The American West by Private Air: An Inspiring Expedition by Geoffrey Kent (hereinafter called the “Tour”) from June 12-23, 2021.
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.
The price of the full Tour is $125,000 per person, double occupancy, with an additional $20,000 charge for a single room (subject to availability). Tour prices include charter flights, all applicable taxes and the additional services as described in The American West by Private Air: An Inspiring Expedition by Geoffrey Kent 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. Any tips or gratuities not specifically mentioned as included in the total charter price will be at your discretion. 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 $37,500 per person and a signed contract is required to secure a confirmed reservation for the Tour. Final payment will be due on or before March 14, 2021. If your reservation is made within 90 days of departure (on or after March 14, 2021), 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 your selected flight 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.
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.
A&K’S GUEST PROTECTION PROGRAM
Travel insurance is not included in the price of the journey and is strongly recommended. You may purchase A&K’s Guest Protection Program for Private Jet administered by AON (which provides cancellation coverage, medical coverage and protection against lost or stolen or damaged luggage). To waive the pre-existing medical condition exclusion of the policy 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. For more information, visit affinitytravelcert.com/abk.
Each participant is strictly limited to 30 lbs. of checked baggage each. Small carry-ons should be limited to one per person. 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.
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
|On or after March 14, 2021||100% of the program price|
The guest agrees the sums referenced in the cancellation provisions above are not a penalty and represent a reasonable effort on behalf of A&K to establish its loss prospectively and represent liquidated damages. These include amongst other costs but not limited to fees charged by hotels and travel suppliers to A&K for cancelled bookings.
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, pandemics, outbreaks of illness, 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
MEMBERJETS, LLC (“MemberJets”), 1234 AIRPORT RD, SUITE 215, DESTIN, FLORIDA, 32541, is the authorized Co-Charter Operator. All flights will be conducted on a Dornier 328 with 30 business class seats. The Charter Operator 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.
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.
The full Tour begins in San Francisco on June 12, 2021, and ends in Jackson Hole on June 23, 2021. The information regarding the itinerary, flight segments, hotels, and ground services provided in the American West by Private Air: An Inspiring Expedition by Geoffrey Kent brochure is hereby incorporated by reference.
(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 police, public health and other regulations.
(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.
Included in the quoted program price:
Aircraft: The private charter flights will be performed using a Dornier 328 aircraft with 30 business class seats from Santa Rosa, California, routing via Page, Arizona; Grand Canyon, Arizona; Page, Arizona; Moab, Utah; Canyonlands, Utah ; Jackson Hole, Wyoming. The air carrier for the private charter flights will be Denver Air Connection. Additionally, local aircraft and helicopters will be used for flightseeing excursions.
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 charter aircraft and hotel accommodations on a first-come, first-served basis at its discretion.
Meals: All meals, beginning with dinner in San Francisco on June 12, 2021 and ending with breakfast at the hotel in Jackson Hole on June 23, 2021.
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 at scheduled cocktail events.
Private transfers: Transfer on arrival to join the trip in San Francisco is included, regardless of the day of arrival. Departure transfer to the airport in Jackson Hole is included, regardless of the day of 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 one selected location during the trip; dry cleaning is not included.
Services: Services of professional A&K Tour Director, Luggage Manager 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 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 & ARRANGEMENTS
The quoted Tour price includes planning, handling and operational charges, and is based on current rates of exchange, tariffs and taxes as of October 2020. 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 with 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.
PASSPORTS & VISAS
A valid driver’s license, REAL ID or passport is required for all US citizens on this journey. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. Your passport needs to be valid beyond December 23, 2021, and should have sufficient blank visa pages for entry and exit stamps.
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.
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. For the latest recommendations on specific health precautions, 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.
Guest must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by A&K staff during their journey. Guest may not travel if they test positive for COVID-19 during the 14 days prior to departure; standard cancellation terms will apply. Guest must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and in accordance with local regulations. Noncompliance with these measures will result in not being able to continue on the journey. Guest voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party require testing, quarantine or become infected with COVID-19.
PHOTOGRAPHY DURING TRAVEL
A&K reserves the right to take photographs and video of guests during the operation of any program or part thereof and to use, re-use, publish, and republish their image, identity likeness, name, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a program with A&K, guests acknowledge that A&K is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter, be used by A&K. Guests who prefer that their images not be used must (1) identify themselves to their Tour Director at the beginning of their Journey; and (2) notify their A&K Travel Consultant by email, not later than thirty (30) days following the end of the guest’s journey. In the event the guest fails to comply with both obligations, the guest shall not be exempt from this section. If such written notice is not timely provided, the guests, individually and on behalf of any minor child travelling with them, have granted unrestricted rights and permission for A&K to use the Images.
LIMITS ON A&K’S RESPONSIBILITY
Neither A&K nor its parent company, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “A&K Parties”), owns or operates any entity which is to or does provide goods or services for your trip with the exception of a limited number of vehicles. A&K 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, the A&K Parties are not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, the A&K Parties are 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, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other 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 the A&K Parties from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release the A&K Parties, whether known or unknown, from, and agree not to sue or make claim against the A&K Parties 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 the A&K Parties and/or from any defect in equipment. You further agree to indemnify and hold the A&K Parties harmless with respect to any claim made against the A&K Parties by anyone else which (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the A&K Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.
It is the responsibility of the guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency Travel Warning 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, or to any information regarding any A&K journey, service or package, or to any A&K-related trip, activity, service or package, shall be settled in the first instance by binding arbitration before one (1) arbitrator in Chicago, Illinois. 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; however, the prevailing party shall be entitled to full recovery of all such costs and fees. Disputes shall be arbitrated on an individual basis, with there being no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other travel suppliers or other entities similarly situated.
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 SAN FRANCISCO AND
FROM JACKSON HOLE
Air transportation to San Francisco and from Jackson Hole 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.
The Air Carrier is not responsible for any act, omission or event during the time guests are not on board the aircraft during the itinerary. These programs may use the services of any IATA carrier.
The Air Carrier used is 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. 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 OPERATORPARTICIPANT 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 Abercrombie & Kent companies that work with A&K, to provide its guests 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.
See the A&K USA Privacy Notice, which can be found at abercrombiekent.com/privacy, and which is incorporated herein.
©2020 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.