Terms & Conditions: Africa: Across a Continent by Private Jet
AFRICA: ACROSS A CONTINENT BY PRIVATE JET
September 29–October 20, 2023
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 Africa: Across a Continent by Private Jet (hereinafter called the “Tour”) from September 29–October 20, 2023.
A&K is the charter operator and, except as expressly provided in these Terms and Conditions, is responsible to the guest 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 $134,500 per person, double occupancy, with an additional $29,500 charge for a single room (subject to availability). Tour prices include charter flight, all applicable taxes and the additional services as described in the Africa: Across a Continent by Private Jet brochure. Prices reflected in these Terms and Conditions 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. 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 is required to secure a confirmed reservation for the Tour. A second nonrefundable deposit of $45,000 per person is due by January 2, 2023. Final payment will be due on or before April 3, 2023. If your reservation is made within 179 days of departure (on or after April 3, 2023), 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.
Payment may be made using any major credit card, check or wire transfer.
Please note: A minimum age to participate in this program applies. Please inquire at the time of booking.
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, accident and sickness medical coverage and protection against lost or stolen or damaged luggage). The initial plan cost will be based on the initial deposit amount. When you make your second deposit, you must pay additional plan costs to cover your second deposit and any remaining outstanding deposits. Insurance coverages in the plan are subject to limitations and exclusions, including an exclusion for pre-existing conditions. If you are not disabled from travel, you can waive the preexisting medical condition exclusion by purchasing the plan within 14 days of the date your initial trip deposit is received. For Trip Cancellation and Trip Interruption coverages, the pre-existing medical condition exclusion waiver applies only to the first $50,000 of trip cost. For more information, visit affinitytravelcert.com/abk. (AH-4185)
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. 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.
In Rwanda, Tanzania, Botswana and Morocco, guests are strictly limited to 33 lbs. of soft-sided luggage per person. A duffel bag for this purpose will be provided by Abercrombie & Kent USA, LLC, for each guest prior to departure. The remainder of guests’ luggage will be stored by Abercrombie & Kent USA, LLC, during these program segments.
The governments of Benin, Botswana, Morocco, Rwanda, South Africa, and Tanzania have implemented a ban on plastic bags. The ban applies to “carrier and flat bags,” primarily targeting bags from shops and grocery stores, but also extending to Ziploc-type bags, duty-free bags and bubble wrap. If a visitor has these types of bags visible while in the airport, they are likely to be confiscated, and a fine may be levied. Bags designed for repeated use, such as zippered cosmetic bags, are not included in the ban.
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.
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 before January 2, 2023||$15,000|
|Between January 3 and April 3, 2023||$60,000|
|On or after April 4, 2023||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.
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 scheduled 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 guest 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
ICELANDAIR, Reykjavikurflugvollur, IS-101 Reykjavik, Iceland, the Air Carrier, will be using a Boeing 757-23N(WL) 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.
The full Tour begins in London, United Kingdom, on September 29, 2023, and ends in London, United Kingdom, on October 20, 2023. The information regarding the itinerary, flight segments, hotels, and ground services provided in the Africa: Across a Continent by Private Jet 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 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 the minimum required number of blank pages to last the duration of the itinerary as described in the Africa: Across a Continent by Private Jet brochure.
Included in the quoted program price:
Aircraft: The private jet flights will be performed using a Boeing 757- 23N(WL) aircraft with 50 lie-flat, VIP-style seats from London, United Kingdom, routing via Cairo, Egypt; Kigali, Rwanda; Arusha, Tanzania; Maun, Botswana; Cape Town, South Africa; Cotonou, Benin; Er Rachidia, Morocco; Marrakech, Morocco; and London, United Kingdom. The air carrier for the private jet flights will be Icelandair. Additionally, local charter flights will be used for transportation and excursions in Tanzania and Botswana.
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 London on September 29, 2023, and ending with breakfast in Marrakech on October 20, 2023.
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: Transfer on arrival to join the trip in London is included, regardless of the day of arrival. Upon return to London on October 20, 2023, transfers will be provided to other London-area airports or into central London.
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 two selected locations during the trip; dry cleaning is not included.
Services: Services of professional A&K Tour Director, Tour Managers, Photo Enrichment Coach, 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. Wi-Fi speed and coverage on board the private jet is limited and may vary depending on location.
Entrance fees: During all sightseeing tours.
Gratuities: All gratuities, including those for your professional A&K Tour Director/Managers, Photo Enrichment Coach 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 August 2022. 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. A&K is under no obligation to give a breakdown in costs of any journey. Marco Polo Club discount is not applicable to this program.
Abercrombie & Kent USA, LLC, also reserves the right to 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 passport is required for all guests on this journey. Your passport needs to be valid beyond April 21, 2024, and should have a minimum of (12) blank visa pages for entry and exit stamps. At least two blank pages must be consecutive for entering and leaving South Africa. Tourist visas and/or entry permits are also required for U.S. and Canadian passport holders for entry into for Egypt, Rwanda, Tanzania, and Benin, and must be obtained prior to departure. At the time of publication, visas are not required for U.S. or Canadian passport holders for any other destination on this itinerary. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. A&K provides a visa processing concierge service; information and instructions for the procurement of required visas to Egypt, Rwanda, Tanzania, and Benin will be provided in your pre-tour documentation. This service does not include visa fees or 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.
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. 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.
COVID-19 VACCINATION REQUIREMENT
All guests must be fully vaccinated for COVID-19 and present proof of vaccination during travel on Private Jet Journeys. A&K accepts approved vaccines per the World Health Organization list. Guests must also comply with each country’s testing and/or vaccination requirements at the time of entry.
Guest must provide required health documentation for travel and agree to comply with all health protocols as directed by A&K staff during their journey. Noncompliance with these measures will result in not being able to travel or 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 or quarantine, become infected with COVID-19 or experience travel interruptions or delays. 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 has 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 offered by A&K, A&K will provide a travel credit to the guest equal to the value of the trip less any sums A&K is not able to recover from any supplier.
A&K cannot assume responsibility for any other travel related costs included but not limited to air, insurance, visas and other travel arrangements, etc.
A&K MOBILE APP
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 Resident Tour Director at the beginning of their Tour; 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 AND FROM LONDON
Air transportation to and from London 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.
Aircraft are 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 Aircraft used 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. 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 AND IN YOUR PRE-TRAVEL DOCUMENTATION.
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.
©2022 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.