Terms & Conditions: Exclusive Moderna Private Journeys
These Abercrombie & Kent USA, LLC ("A&K") Terms & Conditions apply to Exclusive Moderna Private Journeys departing between January 1, 2021 and September 30, 2022 and all associated Extra Services confirmed by Moderna Award Recipients.
INCLUDED IN MODERNA PRIVATE JOURNEYS
A&K's Guest Protection Program; international and internal airfares; 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/local beer & wine at included meals; local bottled water during sightseeing; porterage of up to two (2) pieces of baggage per person; complimentary Internet access (where available on cruises and at land accommodations; service levels are not guaranteed); all gratuities; airport departure and hotel taxes.
NOT INCLUDED IN MODERNA PRIVATE JOURNEYS
Costs associated with obtaining passports or entry visas; reciprocity and other border fees; excess baggage charges; meals other than those specified in the itinerary; room service; 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, and optional activities (which are subject to availability).
ROOM UPGRADES/SPECIAL REQUESTS
Upgrades are typically available on request at individual hotels for an additional cost. Please ask A&K for details and prices. 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 reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.
A&K reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Reasonable efforts 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 reasonably similar alternative arrangements. Where any such changes or modifications are made, A&K will not be required to pay compensation to the Moderna Award Recipient directly.
International airfare (roundtrip Boston, MA to the journey starting point and from the ending point unless otherwise agreed including any applicable additional fees) is included in Moderna Private Journeys. Some journeys also include internal flights (not originating from or ending in Boston) as specified in the itinerary. For any additional air purchases, all international and internal air quotes are subject to change until final payment has been received by A&K. Internal air is 100% non-refundable at time of final payment (some exceptions may apply and A&K will use all reasonable efforts to obtain refunds or travel credits for cancelled travel). Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by A&K for any Moderna Private Journey that requires a passport (or other suitable identification which includes the full legal name of the traveler, if a passport is not required).
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 shall not be liable and does not assume responsibility for, 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 up to 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 and additional costs 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.
No minimum age is required unless noted on the itinerary and all children under age 18 must be accompanied by an adult. Note that some accommodations require that children below a certain age share a room with an adult.
The parent or guardian travelling alone with a child is recommended to carry documentation that proves their relationship to the child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Guests travelling with children who are not related are recommended to carry documentation which provides evidence they have permission to travel with the child. Guests are advised to check with the appropriate government authority to determine the necessary documents required for travel with children. A&K cannot be held responsible should the guest, child or any member of the travelling party be denied entry to a country due to noncompliance with a country’s requirements.
ACTIVE ELEMENTS & CONDUCT
The suppliers of some activities on journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the journeys 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 journey and/or could create a hazard to himself or herself or to other members of the group. Specific journeys have conditions that may require a guest produce a doctor’s certificate to A&K prior to travel. A&K will make reasonable efforts to accommodate a disability-related request for accommodation. However, if A&K, in its sole discretion, 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 guest’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 included with Moderna Private Journeys. A&K’s Guest Protection Program is administered by AON and provides cancellation coverage, medical coverage and protection against lost or stolen or damaged luggage. For more information on purchasing insurance for additional guests, visit 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 required for their travel. 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 completion 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. A&K shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.
Confirming your reservation constitutes your acceptance of the terms and conditions set out herein and in more specific pre-travel documentation, including the guest information form.
Moderna Award Recipients may book additional services in connection with Moderna Private Journeys. Additional services are referred to as “Extra Services” in these terms and conditions and may include (but are not limited to) air, air upgrades, hotel nights, room upgrades, sightseeing, guests and related insurance, etc. All bookings of Extra Services will be a booking made directly between A&K and the Moderna Award Recipient and will be payable by the Moderna Award Recipient.
EXTRA SERVICES PRICES AND ARRANGEMENTS
Quoted 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. Any modifications to an itinerary, including dates or number of people travelling, will require a revised proposal.
EXTRA SERVICES PAYMENT SCHEDULE
Deposit required at time of booking: 20% of Extra Services price. Final payment is due 120 days prior to departure. If your reservation for Extra Services is made within 120 days of departure, the entire cost must be paid at the time of the request in order to secure confirmation. Additional deposits may be required for planes, vessels and trains, including private charters; select accommodations as noted in your proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival seasons.
A&K accepts all major credit cards.
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
91 days prior to departure or more
20% of the Extra Services price. Additional cancellation penalties may apply to planes, vessels and trains including private charters; select accommodations as noted in your proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival seasons.
90-61 days prior to departure
50% of Extra Services price
60 days prior to departure (or less)
100% of Extra Services 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.
The guest agrees that if requested (for example, in the event of cancellation), the guest will sign an insurance benefit waiver for the cost of the Moderna Private Journey which will assign all insurance benefits (other than for Extra Services) to Moderna.
Where a booking of a Moderna Private Journey has been confirmed and any or all members of the party are prevented from travelling, in some circumstances that person(s) or group may be able to transfer their Moderna Private Journey place to someone else, provided that they meet certain conditions. In the event you or any member of your party are prevented from travelling, you must immediately notify A&K and Moderna to allow Moderna to transfer the Moderna Private Journey and/or receive any refunds or credits, if applicable.
Extra Services are non-transferrable in all circumstances and cancellation charges as set out in “Cancellation Fees Per Person” will apply. No refunds will be given for passengers not travelling or for unused Extra Services unless A&K using all reasonable efforts is able to obtain a refund or credit.
Additional cancellation penalties may apply to itineraries that fall over holiday or festival seasons which would be specific to the dates of travel and notified to the guest at the time of booking.
Changes to the Itinerary:
The guest will be responsible for any changes or cancellations made to the itinerary at their request or beyond their control, before or during travel, including expenses incurred due to a change, delay or cancellation of any flights.
CANCELLATION CHARGES FOR INTERNAL AIR
All internal air is 100% non-refundable at time of final payment (some exceptions may apply).
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. Guest is required to follow the legal and regulatory requirements regarding COVID-19 testing and quarantine per individual country regulations. The testing procedures and results are solely subject to the control of local governments. A&K has no control and no authority to overrule, change or amend local government policies as they relate to testing or providing private quarantine facilities. A&K will assist all guests where COVID-19 testing is required; however, A&K is merely acting as a facilitator in order to assist guests who require a COVID-19 test. All COVID-19 testing is carried out by third party testing facilities with no association or affiliation to A&K, and A&K is not liable or responsible for any results, issues, delays or problems encountered during the testing process or the performance or non-performance of the testing facilities.
Force majeure means unusual and unforeseeable circumstances beyond A&K's control or the control of our suppliers, the consequence of which neither A&K, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers.
In the event of a cancellation or material alteration to the journey as a result of the circumstances as described in this clause, A&K may in its sole and absolute discretion:
(i) offer the guest(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
(ii) if alternative travel arrangements or products are not commercially feasible for A&K, A&K will provide a travel credit to the guest in relation to any Extra Services equal to the value of the Extra Services less any sums A&K is not able to recover from any supplier(s). A&K cannot give any assurances or guarantees that refunds will be procured from suppliers.
A&K cannot assume responsibility for any other travel related costs included but not limited to air, insurance, visas and other travel arrangements, etc. which are not included within a Moderna Private Journey or Extra Services, or have not been booked through A&K.
CLAIMS AND REFUNDS
A&K will not accept any liability for any claims and will not provide refunds except as may be specifically allowed herein.
A&K MOBILE APP
PHOTOGRAPHY DURING TRAVEL
A&K may not take photographs or video of any guests during the operation of any program or part thereof or otherwise use, re-use, publish, or 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 or any other purposes during the program and thereafter without first obtaining each applicable guest’s written consent or a parent or guardian’s written consent on behalf of any minor child travelling with them.
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.
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. Amendments to these Terms and Conditions shall not apply unless agreed to in writing.
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.