Terms & Conditions: Emperors & South Pole

EMPERORS & SOUTH POLE
AN INSPIRING EXPEDITION BY GEOFFREY KENT
December 11–22, 2022

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 Emperors & South Pole: An Inspiring Expedition by Geoffrey Kent, (hereinafter called the “Tour”) from December 11–22, 2022.

RESPONSIBILITY
A&K is the tour operator and, except as expressly provided in this Agreement, 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.

TOUR PRICE
The price of the full Tour is $250,000 per person, double occupancy. Tour price includes all services and on-tour transportation, all applicable taxes and the additional services as described in Emperors & South Pole: An Inspiring Expedition by Geoffrey Kent brochure. Prices reflected in this contract are based on current taxes and 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 tour price will be at your discretion. No refund will be made for any accommodations or services included in the tour price which you voluntarily do not use.

RESERVATIONS AND PAYMENT
A deposit of $150,000 per person, which is non-refundable if you cancel, is required to secure a confirmed reservation for the Tour. A second payment of $100,000 per person, also non-refundable if you cancel, is due by April 29, 2022. If your reservation is made on or after April 29, 2022, 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, or with your authorization, we can retain the deposit and place your name on a waiting list in case other guests cancel their reservations.

Payment may be made using any major credit card, check or wire transfer.

Please note: A minimum age of 15 is required to participate in this program.

INSURANCE
Trip cancellation is strongly recommended for coverage of any cancellation or curtailment of the program arising from circumstances such as, without limitation, change in itineraries, change in medical condition, and change in logistical arrangements or circumstances beyond our reasonable control. You should ensure that the insurance policy does not contain any exclusion clauses limiting coverage for the type of activities included or the locations included in this program. We will provide you with details of our recommended insurance provider. Insurance premiums and refunds are subject to the policies of the insurance carrier. We reserve the right at our discretion to refuse to allow any member of your party who is inadequately insured to participate in the program or any part of it. In that situation, we would not refund any part of the program price and would have no further liability to you arising from such refusal. It is your responsibility to ensure that the policy is suitable for the Tour.

SPECIAL REQUIREMENT FOR EMPERORS & SOUTH POLE
Due to the remote locations, A&K requires guests to provide proof of a minimum of $500,000 per person in emergency evacuation/repatriation insurance for this journey. A&K recommends insurance coverage to begin on December 11, 2022 and should not end until December 24, 2022. This ensures that you are covered throughout your time in Antarctica and in the case of an unforeseen change to flight times. Please ensure that the policy does not exclude the Antarctic region and covers the activities that will be undertaken, which may involve ‘Adventure Sports’ coverage. Carry proof of coverage with you when you travel.

CANCELLATION
Cancellations by you 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.

CANCELLATION FEES PER PERSON

CANCELLATION BY A&K
A&K reserves the right to cancel the Tour at any time for any reason whatsoever, in its sole and absolute discretion.

The guest’s acceptance of any alternate arrangement or refund offered under this Agreement shall constitute a waiver of any additional remedies. If we are unable to offer you a suitable alternative, then we will give you a refund of the tour price which you have already paid, less any irrecoverable costs already incurred in relation to the cancelled program, which shall not exceed 25% of the program price. Subject hereto, we will have no further liability to you arising from the tour cancellation.

Refunds are not made for any missed services. Please see our Limits on A&K’s Responsibility clause below.

A&K assumes no responsibility and shall not be held liable for acts of nature, 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, quarantines, hazards incident to sea, land and air travel, or any other similar occurrence, without limitation, that is beyond its reasonable ability to control.

ITINERARIES
A&K reserves the right to modify program itineraries, including arranged sightseeing, and substitute accommodations and/or aircraft at any time due to unforeseen circumstances or circumstances beyond A&K’s control and which may affect our ability to provide the scheduled itinerary or which may make the operation of the scheduled itinerary unsafe or otherwise inadvisable. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued. As this tour does involve adventurous travel to remote and inhospitable regions, the logistics associated with the tour are unique to the Polar Regions and, as such, are very complex. Accordingly, changes may need to be made in the interest of safety, due to logistical factors or other reasons associated with travel to a polar environment.

The possible changes to the scheduled itinerary may notably include certain components of it, dates and departure times and aircraft types used to perform the Tour.

We will endeavor to give as much advance notice of any changes as possible but, due to the nature of the circumstances, it may not always be possible to do so and, consequently, we reserve the right to make such changes at any time and without prior notification to you.

While A&K acknowledges the participation of Geoffrey Kent in the tour forms a part of the tour experience, this cannot be guaranteed. Events outside of A&K’s control such as medical or personal reasons may result in Geoffrey Kent not being able to participate or join the tour. Notwithstanding any non-participation by Geoffrey Kent the tour shall continue to operate on the set itinerary.

GUEST REPRESENTATIONS
(a) Guest 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. Guest agrees that he or she may be removed from the Tour at his or her 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) 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.

(d) Guest 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.

(e) Guest warrants that his or her passports have a sufficient number of blank pages (at least one per destination) to last the duration of the itinerary as described in the Emperors & South Pole: An Inspiring Expedition by Geoffrey Kent brochure.

(f) Guest accepts that he or she is not permitted to leave the base camp in Antarctica without being accompanied by our local supplier’s expedition leader or guide. Our local supplier’s expedition leader or guide has the authority to make decisions regarding the operation of the Tour and their decision on such operational issues will be final.

PROGRAM INCLUSIONS
All accommodations, meals and fully guided sightseeing (including park and entrance fees) as noted in the itinerary; airport transfers to/from hotel/airport in Cape Town, South Africa, regardless of day of arrival and departure; all on-tour charter aircraft transportation; services of A&K Tour Director and experienced guides/expedition staff throughout; coffee/ tea/soft drinks/ water at included meals; wine and beer with all lunches and dinners; local bottled water during sightseeing; porterage of two (2) pieces of baggage; hotel taxes; gratuities throughout; and a complimentary expedition parka.

BAGGAGE
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 baggage restrictions applicable to your flights to join and leave the Tour.

On local charter flights during the course of this journey, participants are limited to 48 lbs. (22 kilos) of checked luggage. Small carry-ons should be limited to one per person and weighing not more than 17 lbs. (8 kilos).

EQUIPMENT
Due to the hostile nature of Antarctica’s environment, it is essential that each member of your party is properly equipped and clothed in accordance with the requirements set forth in our packing recommendations. A&K local representatives are experts in polar clothing and, consequently, will have the final decision as to whether a member of your party is suitably equipped and clothed or not. If, either prior to commencement of the program or during the program, our representatives consider that any member of your party is not suitably equipped or clothed, than that member’s participation in the program or relevant part of the program will be cancelled, in which case you will not be entitled to a refund of any part of the program price and we will have no further liability to you arising from the cancellation. You will further be responsible for any additional costs (such as flight, accommodation and subsistence costs) incurred as a result of the cancellation. A&K will provide for the appropriate polar boots and polar jackets for your use during the program.

NOT INCLUDED IN THE QUOTED PROGRAM PRICE
Trip cancellation insurance; emergency evacuation/repatriation insurance; 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; beverages, other than those with group meals; and communication charges. Itinerary, accommodations and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Every effort will be made to operate the Tour as planned.

PRICES & ARRANGEMENTS
The quoted Tour price includes planning, handling and operational charges, and is based on current rates of exchange, tariffs and taxes as of October 2020. Abercrombie & Kent USA, LLC, reserves the right to increase Tour price to cover increased costs, fuel surcharges, tariffs and taxes after brochure is published, and to reflect fluctuations in foreign exchange markets. 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.

PASSPORTS AND VISAS
It is the guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All guests are advised to check with the appropriate government authority to determine the necessary documents. A valid passport with multi-entry use for South Africa is required. Passports must contain at least two (2) consecutive blank (unstamped) pages and must be valid for six (6) months after the return of your journey. South Africa Immigration is extremely strict and may refuse entry or require participants to return home on the next available flight if these requirements are not met. If any member of your party if refused entry to South Africa, for whatever reason, that member’s participation in the program will be cancelled and will not be entitled to a refund of the program price.

HEALTH REQUIREMENTS
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 difficult terrain and a hostile environment. Within one month of booking, you must visit your personal physician and procure his signature on our confidential Medical Information form and return it to us to confirm your ability to participate in this type of journey. No one may participate in the tour unless the medical report is acceptable to the local operator. If you are not accepted on the tour following your booking you will have your deposit returned. If you do not provide the Medical Information form within one month of booking, it will be deemed to be a cancellation by you and no refund of the deposit will be made. If, after you have provided the medical reports and been accepted on the tour, there is any change to your medical condition, you are required to disclose this to us as soon as possible. The local operator will assess the change in your medical condition and has total discretion to refuse to accept you on the tour as a result of the change in your medical condition. If you are refused participation as a result there is no refund of the Program Cost and you will be liable for any additional costs (such as flight, accommodation and subsistence cost), which is why we highly recommend that you purchase trip cancellation insurance.

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.

COVID-19 VACCINATION REQUIREMENT
All guests must be fully vaccinated for COVID-19 and present proof of vaccination during travel on Inspiring Expeditions by Geoffrey Kent 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.

COVID-19 ACKNOWLEDGEMENT
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.

A&K MOBILE APP
Abercrombie & Kent 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.

PHOTOGRAPHY DURING TRAVEL
A&K reserves the right to take photographs and video of guests during the operation of any program or part thereof and to use, re-use, publish, and republish their image, identity likeness, name, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a program with A&K, guests acknowledge that A&K is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter, be used by A&K. Guests who prefer that their images not be used must (1) identify themselves to their Tour Director at the beginning of their Journey; and (2) notify their A&K Travel Consultant by email, not later than thirty (30) days following the end of the guest’s journey. In the event the guest fails to comply with both obligations, the guest shall not be exempt from this section. If such written notice is not timely provided, the guests, individually and on behalf of any minor child travelling with them, have granted unrestricted rights and permission for A&K to use the Images.

LIMITS ON ABERCROMBIE & KENT'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.

TRAVEL ADVISORIES AND WARNINGS
IIt 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.

ARBITRATION AGREEMENT
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.

AIR TRANSPORTATION TO AND FROM CAPE TOWN
Air transportation to join and leave the program in Cape Town, South Africa, 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.

Airlines concerned are not to be held responsible for any act, omission or event during the time guests are not on board their planes or conveyances. These programs may use the services of any IATA carrier.

International air carriers 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. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage. A&K reserves the right to substitute, without giving reason, another one or more aircraft of suitable standard and configuration for the aircraft operated.

ONE NAME: ONE UNPARALLELED STANDARD WORLDWIDE
International air carriers 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. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage. A&K reserves the right to substitute, without giving reason, another one or more aircraft of suitable standard and configuration for the aircraft operated.

AMENDMENTS
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.

PRIVACY NOTICE
See the A&K USA Privacy Notice, which can be found at abercrombiekent.com/privacy, and which is incorporated herein.

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