Terms & Conditions

 

Around the World with Geoffrey Kent: An Inspiring Expedition by Private Jet 2024

 

13 October – 7 November 2024

 

Created: 13 September 2023

Definitions

“A&K” means Abercrombie & Kent Limited and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers, and all employees, officers, pilots, crew members and agents of such individuals, companies and entities.  

“Booking” means the Guest or Guest’s agent’s agreement to enter into a Contract with the Company. 

“Booking Conditions” or “Terms” means these terms and conditions and the information contained in A&K brochures, its Website and/or other information which will form the express terms of your Contract with A&K.  

“Contract” means the contract between A&K and the Guest for the Tour as reflected in the Confirmation Invoice sent by A&K to Guest’s Travel Advisor or directly to Guest. 

“Guest” means each person, including Minors, named either on the booking confirmation or on the invoices or on a ticket issued by A&K or to whom a Booking is transferred. 

“Minor” means any person under the age of 18.

“Travel Advisor” means any travel agent or any website not owned or operated by A&K and used by the Guest to book their Tour. 

“Tour” means the travel services described in the brochure for Around the World with Geoffrey Kent: An Inspiring Expedition by Private Jet from 13 October to 7 November 2024 booked by the Guest to be delivered by A&K, whether or not in combination with any additional flights. 

“Website” means the set of related web pages, documents and hypertext links served from the web domain www.abercrombiekent.co.uk.

Your contract is with Abercrombie & Kent Limited of St Georges House, Ambrose Street, Cheltenham, Gloucester. GL50 3LG, which is registered in England under company number 1082430 (“the Company”, “A&K”, “we”, “us” and “our”). References to "you" and "your" in these Booking Conditions include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. 

The following conditions together with our Privacy Policy, the relevant information set out on our Website and any other written information we brought to your attention before we confirmed your booking will form part of your contract with the Company, which covers the Tour and all related extensions and reservations. Please read these Booking Conditions carefully before you book.

By making a booking, the first named Guest on the Booking agrees on behalf of all Guests detailed on the Booking that:

a. he/she has read these Terms and has the authority to and does agree to be bound by them;

b. he/she consents to our use of information personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

c. he/she is over 18 years of age, resident in the United Kingdom, and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

d. he/she accepts financial responsibility for payment of the Booking on behalf of all persons detailed on the booking.

TOUR PRICE

The price of the full Tour is £156,605 per person, double occupancy, with an additional £16,090 charge for a single room (subject to availability). Tour prices include Tour flight and all applicable taxes. Prices reflected in this Contract are based on current taxes and jet fuel costs. Rises in the cost of tax and/or fuel could necessitate a supplemental charge, please see clause 3(d) for further information. Any tips or gratuities not specifically mentioned as included in the total Tour price will be at your discretion. Except for where a “significant change” has occurred, as described below, no refund will be made for any accommodations or services included in the Tour price which you voluntarily do not use.

1. BOOKING YOUR HOLIDAY

(a) Our aim is to provide the right holiday to suit your requirements. You can call us on +44 (0)1242 547 892 or email: [email protected] to discuss, to make a booking or to obtain a price per person. In order to maintain our customer services standards and to assist with the ongoing training of our staff, we may record or monitor our telephone conversations or emails with you. We will comply with the terms of our Privacy Policy at all times when doing so.

(b) To secure your Booking we require a non-refundable deposit of £12,700 per person and a signed Reservation Form for the Tour. A second non-refundable deposit of £33,870 person is due by 17 January 2024. Final payment will be due on or before 15 April 2024. If your reservation is made within 180 days of departure (on or after 15 April 2024), the entire cost of the Tour 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 Guests 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. Your booking is not confirmed and no Contract will come into force until we have notified you that we have been able to reserve the relevant number of spaces for you and have issued you with a Confirmation Invoice. Payment can be made by cheque, bank transfer or by most major credit cards in favour of Abercrombie & Kent Limited. (Payment can be made in British Pounds, US Dollars or Euros). If for any reason, we do not accept your Booking your deposit will be returned. If you are due a refund, the Company will return the amounts due to the same bank account or credit card that was used when the original payment was made and in the same currency in which the Company originally received the funds.

Please note: A minimum age to participate in this program applies. Please enquire at the time of booking.

(c) On receipt of your correct deposit and signed Reservation Form, provided that there is space available on the Tour, we will book your arrangements and issue a Confirmation Invoice. A Contract will come into existence on the date on which we issue a Confirmation Invoice. We (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate.

(d) It is important for you to check the details on the Confirmation Invoice, and ATOL Certificate where applicable, as soon as you get it, as these set out the services we have agreed to provide. In the event of any discrepancy please contact us immediately. If you arrange your Booking directly with the Company, all correspondence and other communications will be sent to the address of the Guest who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.

(e) If your Booking is made through a Travel Advisor, the Company will address all communications to that Travel Advisor, who will act as agent for you with regards to all communications from us to you. All monies paid by you to a Travel Advisor under or in contemplation of this Contract will be held by the Travel Advisor for the Company until such monies are forwarded to the Company. Any money paid to a Travel Advisor in respect of a Booking covered by the Company’s ATOL is held by that Travel Advisor on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of the Company and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the Company. 

(f) Final payment of the cost of your Tour is due 181 days prior to departure. If your reservation is made within this period, the entire cost of the Tour must be paid at the time of your booking request in order to secure the Booking. If payment of any instalment is not received in time, we reserve the right to treat your Booking as cancelled by you in which case the cancellation charges set out in clause 2(c) below will become payable.

2. AMENDMENTS & CANCELLATION

(a) Amendments by you

The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing and signed by the Guest who made the initial payment. If it is possible to make the amendment, it will be subject to an amendment charge of £50 per person, together with all communication charges or other expenses incurred by the Company as a result of the change (including additional supplier costs). These charges will be payable whether or not the Company succeeds in confirming your requested amendment. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that, save for the transfer of a Booking, it will not be possible to make changes within 28 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(c) below will apply dependent upon the conditions imposed by our suppliers. Where we are unable to assist you and you do not wish to proceed with the original Booking, we will treat this as a cancellation by you and the cancellation charges detailed in clause 2(c) will be payable by you. If you wish to change your arrangements while on your holiday, all costs are payable by you.

(b) Transfer of a Booking

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a. that person is introduced by you and satisfies all the conditions applicable to the Tour;

b. we are notified not less than seven days before departure;

c. you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

d. the transferee agrees to these Terms and all other terms of the contract between us.

Note that flight tickets may not be able to be transferred in which case a replacement ticket for the transferee would need to be purchased.

The costs for visas, commercial air tickets, and pre-tour or post-tour independent arrangements may be non-transferrable and non-refundable.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 2(c) will apply in order to cover our estimated costs. Otherwise, no refunds will be given for Guests not travelling or for unused services.

(c) Cancellation by you

All cancellation requests must be made in writing, by the Guest who made the initial payment. Cancellations are effective on the day they are received by the Company. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.

If you cancel your reservation, your right to receive a refund is limited, per the following schedule:

Written advice of cancellation received	Cancellation fees per Guest
On or before 17 January 2024	£12,700
Between 18 January 2024 and 14 April 2024	£46,570
On or after 15 April 2024	100% of the price payable for the Tour

Partial room cancellation: Should one or more member of a party cancel or leave the Tour, it may increase the per person price of those still travelling and you will be liable to pay this increase.

The cancellation fees referenced in the cancellation provisions above are not a penalty and represent the Company’s reasonable efforts to establish its loss prospectively. These include but are not limited to costs and fees charged to the Company by hotels and travel suppliers for cancelled reservations.

(d) Cancellation by you due to Unavoidable & Extraordinary Circumstances

You have the right to cancel your confirmed Tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at a destination included in the Tour or its immediate vicinity and significantly affecting the performance of the Tour or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to the destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

(e) Cutting your trip short

If you are forced to return home early, the Company cannot refund the cost of any travel arrangements you have not used. If you cut short your Tour and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, the Company will not offer you any refund for that part of your Tour not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

(f) Accuracy of information

We check the information which we provide about our holidays very carefully. However, tour, excursion or cruise itineraries may change as a result of local conditions. When we are told of any significant or long-term changes, we will always endeavour to advise you as soon as possible prior to your departure.

This clause 2 outlines the rights you have if you wish to cancel your Booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(g) Amendments by the Company

Great care is taken to ensure that the description and prices given in our brochures and on our Website are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, including prices, in which case the Company will advise you of any such change before accepting your Booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. We plan arrangements a long time in advance of your trip using independent suppliers such as airlines, hotels, local transport operators and guides, over whom we have no direct control. In very rare circumstances, the Company may have to modify the Tour before you depart. Most of these changes are minor. If we make a minor change to your Tour, we will make reasonable efforts to inform you or your Travel Advisor as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard and changes of carriers.

A&K 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 as are necessary, to change the maximum number of Guests, or the Tour inclusions as it deems necessary or desirable.

We deem certain Covid-19 related travel and destination requirements as minor changes in that we do not expect these changes to significantly affect the performance of the Tour or your overall holiday enjoyment. Such changes may include the requirement to wear face masks, make regular use of sanitising stations and maintain social distancing. Some changes may also affect the availability of certain services and facilities. We expect all Guests to adhere to the local and national guidance that is in force at the destination and whilst travelling to and from the destination. 

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following:

(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 the Company 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 change to a lower standard accommodation.

(d) A price increase of more than 8 percent (8%).

Notice of any “significant” change described in this paragraph will be given within seven (7) days of A&K learning of the change, but at least ten (10) days prior to the scheduled departure date where possible. If the Company first learns of a significant change within ten (10) days of the scheduled departure date, it will notify the Guest as soon as possible. If we have to make a significant change and if there is time to do so before departure, we will provide you with three options: (i) you may accept the modification, (ii) you may change your booking to another available holiday, or (iii) you may cancel and receive a full and prompt refund. If you choose another holiday which is cheaper, the Company will make the appropriate refund.

You must notify us of your choice within seven days of our offer. If we do not hear from you within seven days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative Booking arrangements.

 If a significant change occurs after the departure of the flight which you are unwilling to accept, the Company will refund that portion of your payment which applies to any services not provided within a reasonable time.

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below if you do not accept the alternative arrangements we offer you and cancel your booking or if we cancel your booking and no alternative arrangements are available (except where we have been forced to cancel or make a significant change due to Force Majeure or Low Bookings). The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Compensation 

 

Compensation determined by when notification of change is sent
Days prior to departure	Compensation per Guest
More than 180 days	Nil
121 - 180 days prior	£10
61 - 120 days prior	£20
0 - 60 days prior	£30

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

(a) where we make a minor change;

(b) where we make a significant change or cancel your arrangements more than 180 days before departure;

(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

(d) where we cancel your arrangements as a result of your failure to make full payment on time;

(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

(f) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 15) or Low Bookings.

‘Low Bookings’ means that an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form.

If the Company becomes unable to provide a significant proportion of your Tour after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of Force Majeure) or, alternatively, you will be returned to your point of departure and the Company will, where appropriate, pay compensation. No compensation is payable in the case of Force Majeure.

(h) Cancellation by the Company

We reserve the right to cancel the Tour at any time for any reason whatsoever, in our sole and unreviewable discretion. Provided, however, that we shall have no right to cancel the Tour less than ten (10) days before the scheduled departure except due to Force Majeure events that make it impossible to operate the Tour. If a Tour is cancelled 10 or more days before the scheduled departure, we 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 due to Force Majeure events, we will notify the Guests as soon as possible. In the event of a cancellation or material alteration due to a Force Majeure Event, A&K shall have no liability whatsoever for any travel related costs incurred by Guest but not paid to A&K, including but not limited to air, insurance, visas and other travel arrangements of any kind.

A&K and the Air Carrier each assume no responsibility and shall not be held liable for any unusual and unforeseen circumstances including, but not limited to; Acts of God, fire, flood, fog, smog, weather, mechanical and technical 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. 

(i) Payment of refunds 

If you are due a refund, the Company will return the amounts due to the same bank account or credit card that was used when the original payment was made and in the same currency that the Company originally received the funds.

3. PRICE POLICY

(a) We reserve the right to alter the prices of any of the unsold holidays shown in our brochure or on our Website and correct errors in the prices of confirmed Bookings. You will be advised of the current price of the holiday that you wish to book before your Contract is confirmed.

(b) The Company is under no obligation to give a breakdown of the costs involved in the Tour.

(c) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your Booking and prices may go up or down. While we do our utmost to avoid such a scenario, due to human or computer error there may on occasion be an incorrect price shown in a brochure or on our Website. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or within 7 days of the time of booking, or as soon as reasonably possible. We do have to reserve all our rights in a situation such as this which may include cancelling a Booking if the actual price applicable to the Tour is not acceptable to you. We will of course allow you to amend your Booking with us, if you so wish, to an alternative holiday at the correct price.

(d) We also reserve the right to increase the price of confirmed Tours solely to allow for increases which are a direct consequence of changes in:

a. the price of the carriage of passengers resulting from the cost of fuel or other power sources;

b. the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

c. the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

(e) We will absorb, and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed Tour (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Should the price of your Tour go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your Tour due to contractual and other protection in place.

(f) There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

4. RESPONSIBILITIES OF THE COMPANY

(a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your Tour maintain the appropriate standards.

(b) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below, and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your Confirmation Invoice, ATOL Certificate and Final Itinerary. The descriptions, information and opinions given in our brochures or on the Website by the Company in respect of the airlines, hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your Confirmation Invoice or Final Itinerary.

(c) We will not be responsible or pay you compensation for any personal injury or death unless you are able to provide that it was caused by our negligence or the negligence of our suppliers.

(d) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense cost or other claim of any description if it results from:

a. the acts and/or omissions of the person affected; or

b. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

c. Force Majeure (See clause 15)

(e) We limit the amount of compensation we may have to pay you if we are found liable for loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind. The maximum amount we will have to pay for any other claims which don’t involve injury, illness or death is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or y our party has not received any benefit at all from your Booking.

(f) The extent of the Company’s liability will in all cases be limited as if the Company were carriers under the appropriate conventions when it comes to claims in respect of international travel by air, sea and rail, or any stay in a hotel. International Conventions which apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by The Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne/Cotif Convention 1961; and in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained caused by an accident which takes place onboard the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

(g) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

(h) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider, hotelier or other supplier for the complaint or claim in question.

(i) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the Confirmation Invoice and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Tour you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Tour. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your Tour. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

(j) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaint’s procedure set out in these conditions.

(k) Our suppliers (such as accommodation or transport providers) have their own terms and conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier or request a copy by email.

(l) If we make any payment, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must co- operate fully with us in seeking recovery of any payment we make and any other assistance we may reasonably require.

(m) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. The Company has no control over such decisions and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your Tour after departure, but before the end of your Tour, we will not pay compensation or reimburse you for expenses incurred. We strongly recommend you have adequate travel insurance for the Tour and should claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (f) above.

(n) Please note, the Company does not accept any liability for any damage, loss or expense or other sum of any description which on the basis of the information given to us by you concerning your Booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, if it relates to any business or if it is an indirect or consequential loss of any kind.

(o) Where it is impossible for you to return to your departure point as per the agreed return date of your Tour, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. If the circumstances continue beyond a three night period our responsibility under this clause will cease and you will need to claim upon your travel insurance where you are able to do so. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Tour. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as pandemic, epidemic and/or the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

(p) Please be aware that the Company accepts no responsibility or liability for any destination that imposes access restrictions or otherwise hinders peaceful enjoyment of destination services and facilities based upon race, gender or sexual preference. The Company will provide general information in line with its obligations however, you accept that it is your responsibility to thoroughly research your intended destination to ensure that it satisfactorily meets your holiday needs and requirements.

(q) The Company reserves the right to modify the programme 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 the Company’s control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

(r) There are many inherent risks in adventure travel of the type involved in the Tour, 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 the travel services.

(s) 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 A&K from any liability whatsoever related thereto.

5. YOUR RESPONSIBILITIES

(a) Make yourself travel aware - Before making a Booking, please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under. Also ensure you make yourself familiar with the Foreign, Commonwealth and Development Office advice on staying safe and healthy on your trip – www.gov.uk/travelaware. Advice can change, so always check regularly for the latest updates.

(b) If the Foreign Commonwealth and Development Office advises that people should not visit a particular country, we will act on this advice.

(c) In the event of active government advice and warnings against travel to a specific destination or location(s) of a Tour, should a Guest still choose to travel, notwithstanding such travel advisory or warning, the Guest assumes all risks of loss, personal injury, death or property damage from any event that may arise out of or associated with the travel advice or warnings given.

(d) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Company or your Travel Advisor.

(e) General information concerning passport, visa and health requirements applicable to UK Citizens is set out in our literature. However, such requirements are subject to change and you must check current requirements before departure. Many countries require that Guests’ passports are valid for at least six months after the completion of their journey, and/or contains blank pages (for visas). Please visit www.gov.uk/foreign-travel-advice for advice by country. Some destinations also require visas and additional documentation and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel. Further information is available from Visa Central (http://visacentral.co.uk/). You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take prior to departure. It is your responsibility to obtain all documents required for your Tour, including passports, visas, heath certificates and international driving licenses, to ensure that these are in proper order and to take them with you. The Company cannot be held responsible should you or any member of your travelling party be denied entry to a country and the Company does not accept any responsibility if you incur any other loss due to non-compliance with these requirements. Please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under for further details. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the Tour as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements. You agree to reimburse the Company in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

(f) Approximately 7 days before departure you will receive your flights tickets together with other information concerning your Booking. Please ensure that you check the names and flight timings on your tickets carefully and contact us immediately if you have any queries. The correct timings, using the 24 hour clock system, may have been adjusted since you received your Confirmation Invoice.

(g) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your Booking. The Company cannot accept responsibility for any delay which is due to Force Majeure or for Guests missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your Booking. No credit or refunds will be given for lost, mislaid or destroyed travel documents.

(h) Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your Booking. Should this happen no refund or compensation would be paid. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. The Company cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with the Company.

(i) If you lose any personal items whilst on the Tour, please obtain a written report from the police, to help with any insurance claim upon your return.

(j) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during the Tour. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorise the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.

6. INSURANCE

We cannot emphasise enough the importance of purchasing comprehensive travel insurance at the time of booking the Tour and, at the latest, prior to date of travel. This insurance should be commensurate to the value of your Booking, and cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance. If you suffer from a disability or medical condition, you should disclose this to insurers. For those who participate in sports and activities whilst on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you whilst on the Tour.

7. AIRLINES & OTHER SUPPLIERS

(a) As between you and the suppliers of the transport, accommodation and other components making up your Booking, the conditions of the supplier will apply. These conditions may be subject to international Conventions which limit and/or restrict the suppliers' liability. (Copies are available on request - please allow 28 days). Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from your airline. Reimbursement in these cases is the responsibility of the airline and will not automatically entitle you to refund of your holiday cost from the Company. Your rights to compensation from the Company is set out in clause 2(g). If your airline does not acknowledge your rights, you should complain to the Civil Aviation Authority at www.caa.co.uk/

(b) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly, the times of flights and other forms of transport are estimates only and cannot be guaranteed.

(c) ICELANDAIR, Reykjavikurflugvollur, IS-101 Reykjavik, Iceland, the Air Carrier, will be using a Boeing 757-23N(WL) Business Jet with 52 VIP-style seats. The Air Carrier reserves the right to change the aircraft if it becomes unserviceable with a reasonable substitute. 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 cancelled, the Guest will receive a refund with respect to that cancelled destination. Guests and their personal belongings, including baggage, are subject to search by airport authorities to ensure the safety and security of the flight. Any Guest who, upon request, refuses to consent to any such procedure may be refused transportation, in which case they shall not be eligible for a refund in respect of any services and A&K shall have no further responsibility or liability towards such Guest. No individual air ticket will be issued to the Guests on the private jet. Rather, each Guest 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 Guest:

i. Who appears to be intoxicated or under the influence of any illicit drug or controlled substance;

ii. 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;

iii. If necessary, for the reasonable safety and comfort of the other Guests or if the Guest is creating a hazard or risk to himself or other persons or property;

iv. 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 Tour flight is operated on the Tour.

(d) Some activities carry inherent risks and if you are participating in such activities, you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered for free.

Tour Itinerary

The full Tour begins in Portland, Oregon on 13 October 2024 and ends in Los Angeles, California on 7 November 2024. The information regarding the itinerary, flight segments, hotels, and ground services can be found at abercrombiekent.co.uk. Please note that Geoffrey Kent’s participation in the Tour cannot be guaranteed; if Geoffrey Kent is unable to join due to unforeseen circumstances beyond A&K’s control, the Tour will continue to operate as planned. This will be a minor change for the purposes of these Terms and shall not entitle any Guest to a refund or compensation.

8. EXCURSIONS

Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company's terms and conditions. The Company will, at its discretion offer advice, guidance and assistance if you or any member of your party suffer death, illness or injury arising out of an activity which does not form part of your holiday with the Company, or an excursion arranged locally.

9. ILLNESS AND DISABILITY, ACTIVE ELEMENTS AND FITNESS TO TRAVEL

If you or any member of your party suffer from a disability or other medical condition, please tell us before you book. The Company is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. This is an active programme, which requires you to make a realistic assessment of your health. All Guests 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. Medical facilities may not be readily available. The Company will require prior notice if any Guest 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. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. A medical form will be sent to you for this purpose. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure. We cannot accept any liability if we are not told about any mobility/medical issues before travel. You must advise us of any changes to your level of mobility or medical condition which may affect your holiday between the point of Booking and when you travel. The Company will make reasonable efforts to accommodate a disability-related request for accommodation or other services. Acting reasonably, but in our sole discretion, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your Booking. If you did not give us full details at the time of booking and we are not able to properly accommodate the needs of the person(s) concerned, we reserve the right to cancel the Booking and impose applicable cancellation charges when we become aware of these details. 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 others.

We will make reasonable efforts to accommodate Guests 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 Guest. If you would like to forgo some of the scheduled sightseeing to rejuvenate and relax, please feel free to do so at any time.

By making a Booking, Guest represents that Guest and Guest’s travelling party are physically and emotionally fit to travel and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or result in a deviation of any group journey.  A&K recommends that any Guest who is not self-sufficient should travel with a companion who shall take responsibility for any personal assistance needed during the Booking.

Health Requirements

Proof of yellow fever inoculation is required. For the latest recommendations on specific health precautions for the areas you will visit, you should consult your doctor for advice before you book and in good time before your departure.

Pregnancy

Some of our activities may not be appropriate for an individual that is pregnant. Please inform us at the time of making your Booking if you are pregnant so that we can advise you of the suitability of any services you wish to book. If you become pregnant after the date of Booking, please inform us as soon as possible. We will always seek to accommodate an individual that is pregnant and will liaise with our suppliers to try to source appropriate alternative activities wherever possible. Acting reasonably, but in our sole discretion, if we are unable to properly accommodate the needs of the person(s) concerned due to their pregnancy, we will not confirm your Booking. If you did not give us details at the time of Booking or you become pregnant after Booking and we are not able to properly accommodate the needs of the person(s) concerned, we reserve the right to amend or cancel the Booking. We will only ever take such action where we reasonably believe there's a risk to your health and safety if the service was provided to you.

10. IF YOU HAVE A PROBLEM

(a) If you are unhappy with any aspect of the Company's arrangements while you are on the Tour, you must address your complaint immediately to the Company's local representative (or, if none, to the Company by contacting the Duty Manager on +44 207 998 4141) and to the management of the hotel or other supplier whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive ideally within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this Contract.

(b) In the rare event of a dispute which cannot be amicably settled, it may (if you wish) use ABTA’s approved Alternative Dispute Resolution (ADR) scheme, available through www.abta.com which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Centre for Effective Dispute Resolution (CEDR). The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on holidaymakers in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per party, neither does it apply to claims which are solely or mainly in respect of physical injury, illness, nervous shock, death or their consequences. The scheme can, however, deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Application for arbitration under this scheme must be made within 18 months of the date of return from the holiday, otherwise it will only be available if we agree, but the ABTA Code does not require such agreement from us. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation.

11. PROMPT ASSISTANCE

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Terms, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

12. GOVERNING LAW

These Booking Conditions and any matters arising from them are governed in all respects by the laws of England and Wales. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales.

You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

13. DESCRIPTIONS

Every effort is made to ensure that the details, description and prices contained in company literature are correct, based on inspections, and information passed to the Company by its suppliers. However, changes do occur, sometimes at short notice and therefore the Company will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for the Company to control all elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works etc.

14. FINANCIAL PROTECTION

We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number 2881, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].
When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk.

The Company is a member of ABTA (number V6398) and holds an ATOL Licence (number 2881) issued by the Civil Aviation Authority. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. For further information about ABTA, The Code of Conduct and the arbitration scheme available to you, or if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 0203 117 0500 or www.abta.com. For further information, visit www.abta.com.

15. FORCE MAJEURE

Except where otherwise expressly stated in these Terms we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Terms, Force Majeure unusual and/or unforeseeable circumstances beyond A&K’s control or the control of our suppliers, the consequence which neither A&K, nor its suppliers, could avoid even with all due care and which affect the ability of A&K to provide the Services or the ability of the Suppliers to provide Products, including, but without limitation, acts of God, flood, drought, earthquake, extreme weather or other natural disaster, ice conditions in oceans and level of water in rivers, epidemic, pandemic or significant risk to human health such as the outbreak of disease (including but not limited to Covid-19 and any disease caused by a new strain of the coronavirus), terrorist activity, civil strife, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, natural, or chemical or biological disaster, contamination or sonic boom, any law, guidance or advice issued, or any other action taken by a government (local or national) or port, border, river and/or aviation authority (local or national) or other public authority, collapse of buildings, fire, explosion or accident, or interruption or failure of utility service and all similar events outside our or the supplier concerned’s control.

16. PUBLIC HEALTH: COMMUNICABLE OR INFECTIOUS DISEASES 

“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. Guest agrees, understands, and acknowledges, that an inherent risk of exposure to Communicable and Infectious Diseases such as, for example, COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in any public place where people are present. Extremely contagious Communicable Diseases can lead to severe illness and death. No precautions can eliminate the risk of exposure to them, and the risk of exposure applies to everyone. Relevant public health authorities worldwide, are referred to herein as “Public Health Authorities.” You acknowledge that the risk of exposure to Communicable or Infectious Disease, such as COVID-19, includes the risk that you will expose others that you encounter, even if you are not experiencing or displaying any symptoms of illness. 

Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to any Communicable or Infectious Disease such as COVID-19, including illness, injury, or death of Guest or others. Guest acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by A&K and/or Public Health Authorities worldwide, including but not limited to: (a) Submission to mandatory testing at such times and frequency as required by Public Health Authorities, which may include testing before, during and after your Tour; (b) submission to enhanced health screening for signs and symptoms of or known exposure to communicable or infectious diseases such as COVID-19; (c) denial of participation due to signs and symptoms of a possible infection or known exposure to communicable or infectious diseases such as COVID-19 as determined by A&K at its sole discretion, according to technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection for contagious or infectious disease surveillance; (e) mandatory isolation and/or quarantine; (f) mandatory daily temperature checks; (g) mandatory use of face coverings/face masks according to Public Health Authorities’ guidelines and (h) following A&K physical distancing requirements. 

You further acknowledge that the public health rules, regulations, mandates, and safety protocols issued by Public Health Authorities and/or other governing bodies are subject to change. A&K reserves the right to change any of its health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing at its sole discretion, without notice. It is Guest’s sole responsibility to confirm any changes to any health and safety protocols that may be applicable at any destination worldwide and ensure compliance with all health and safety protocols. 

It is Guest’s sole responsibility to a) obtain any vaccinations or take any other health precautions applicable to the country of travel; b) take all steps reasonably necessary (including, without limitation, the consultation of appropriate medical professionals) to identify whether they have any pre-existing medical conditions or health issues (whether known or unknown) that may preclude, delay, affect or interfere with the Tour; and c) notify A&K if Guest has any pre-existing medical conditions or health issues that may preclude, delay, affect or interfere with the Tour.

Covid-19

A&K is not liable for and accepts no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident, delay or irregularity occasioned to Guest as a result of:   

a) local quarantine restrictions, government-imposed travel restrictions, or other laws, regulations or orders imposed by governmental authorities;  

b) any failure of a Guest to comply with local quarantine restrictions, government-imposed travel restrictions, or other laws, regulations or orders imposed by governmental authorities;  

c) a supplier refusing to provide travel services to a Guest on the basis that Guest has failed to comply with the supplier’s reasonable directions, or local quarantine restrictions, government-imposed travel restrictions, or other laws, regulations or orders imposed by governmental authorities;

Guest is solely responsible for obtaining current travel advisories, warnings and requirements by contacting your Travel Advisor, where applicable, and applicable embassies and consulates worldwide. For further information we suggest you visit https://www.gov.uk/foreign-travel-advice and search for the country(s) you are planning to travel to, as well as the website and/or terms and conditions of your specific travel arrangements. In the event of an active government agency travel warning against travel to the specific destination location(s) of the travel services, 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.

17. GUEST’S REPRESENTATIONS

(a) Guest certifies that they have not recently been treated for, nor are they aware, of any physical or other condition or disability that would create a hazard to themselves or other members of this Tour or reduce their ability to enjoy and benefit from the sightseeing and dining programme. Guest agrees that they may be removed from the Tour at their own expense if not compliant with the foregoing.

(b) Guest 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) Guest accepts full responsibility for all consequences of their failure to obtain passports, visas, vaccination certificates and all other documents required for travel to destinations in the Tour itinerary.

(d) Guest warrants that their passport has a sufficient number of blank pages (at least one per destination) to last the duration of the itinerary and are valid beyond 7 May 2025.

18. 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, 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 Journey; and (2) notify us or their A&K Travel Consultant by email, not later than thirty (30) days following the end of Guest’s journey. In the event Guest fails to comply with both obligations,  Guest shall not be exempt from this section. If such written notice is not timely provided,  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.

19. A&K MOBILE APP

We may provide information for your journey via a web platform and an A&K mobile app (the “App”). The use of the App is not part of your holiday package experience and is merely intended to offer an interactive option to view your itinerary and other related information. Once downloaded, you are subject to the privacy policy and terms of use as found in the App. You are responsible if you provide access or use of the App to any members of your travelling party.

20. PROGRAMME INCLUSIONS

Included in the quoted programme price

• Aircraft: The private jet flights will be performed using a Boeing 757-23N(WL) aircraft with 52 lie-flat, VIP-style seats from Portland, Oregan, USA; routing via Anchorage, Alaska (technical stop); Toyama, Japan; Dhaka, Bangladesh (technical stop); Delhi, India; Luqa, Malta; Ras Al Khaimah, UAE (technical stop); Dakar, Senegal; St. Helena, British Territory; Punta del Este, Uruguay; Easter Island, Chile; Papeete, French Polynesia; Kona, Hawaii, USA (technical stop); Los Angeles, California, USA.
• Accommodation: Accommodations as indicated in the itinerary, based on double occupancy. Single occupancy is available at a supplementary cost. Single accommodations are limited on this programme. 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: The Company 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 Portland on 13 October 2024, and ending with breakfast on board the private jet on 7 November 2024. 
• Beverages: Bottled water at all meals and on excursions. Local beer and house wine 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 Portland is included, regardless of the day of arrival. 
• Additional inclusions: The Company’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. The Company’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 a professional Tour Director of the Company, Tour Managers, Luggage Manager, Photographer and a Physician throughout the itinerary; local guides are provided in each destination.
• Hotel and airport taxes.
• Internet access: Internet access will be limited in some destinations; where available, complimentary Internet access is included.
• Entrance fees: During all sightseeing tours.
• Gratuities: All gratuities, including those for your professional Tour Director/Managers of the Company and Luggage Manager.
• Baggage: Each Guest 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 the Company, and personal effects are at all times the sole responsibility of the Guest. Check with your selected airline for other baggage restrictions applicable to your flights to join and leave the Tour.
• In French Polynesia, guests are strictly limited to 20kg/44lbs of soft-sided luggage per person. A duffel bag for this purpose will be provided by A&K, for each Guest prior to departure. The remainder of Guests’ luggage will be stored by A&K, during these program segments.
• For INTERNATIONAL FLIGHTS, the air carrier’s liability is limited to the actual value of the baggage but not more than 1,131 special drawing rights (SDR) per passenger.

Not included in the quoted programme price:

Airfares to join/leave the programme; additional or alternative sightseeing not included in the itinerary; excess baggage charges; personal expenses such as costs to obtain passports, visas and regulatory travel documentation 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; personal laundry (except for the Company’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 the Company’s control. Every effort will be made to operate the Tour as planned.

AIR TRANSPORTATION TO PORTLAND AND FROM LOS ANGELES

Air transportation to Portland and from Los Angeles 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.

AIRLINE TERMS

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 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 THE COMPANY CONSTITUTES YOUR ACCEPTANCE OF THE TERMS SET OUT HEREIN, WHICH MUST BE CONFIRMED BY SIGNATURE ON THE RESERVATION FORM WITHIN THE OPERATOR-PARTICIPANT CONTRACT THAT WILL BE SENT TO YOU UPON CONFIRMATION OF YOUR RESERVATION.

KEY RIGHTS UNDER THE PACKAGE TRAVEL 

AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018

PART 1 General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore you will benefit from all EU rights applying to the package. Abercrombie & Kent Limited will be fully responsible for the proper performance of the package as a whole. 

Additionally, as required by law, Abercrombie & Kent Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. 

PART 2 Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

• Travellers will receive all essential information about the package before concluding the package travel contract. 
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract. 
• Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent. 
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs. 
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs. 
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate. 
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package. 
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. 
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem. 
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed. 
• The organiser has to provide assistance if the traveller is in difficulty. 
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Abercrombie & Kent Limited has taken out insolvency protection for flight-inclusive packages sold to residents of the United Kingdom by way of an Air Travel Organiser’s Licence number 2881, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected] and for non-flight packages protection by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk. Travellers may contact this entity or, where applicable, the competent authority if services are denied because of Abercrombie & Kent Limited’s insolvency. 

PART 3 The Package Travel and Linked Travel Arrangements Regulations 2018

You can find a copy of The Package Travel and Linked Travel Arrangements Regulations 2018 here:

https://www.legislation.gov.uk/uksi/2018/634/contents/made