Terms & conditions

Inspiring Expeditions by Geoffrey Kent® Emperors & South Pole

11 - 22 December 2022

Created : 1 March 2021 

Please read the following information carefully. In order for your reservation to be completed, you must indicate your acceptance of the terms of the Agreement by signing and submitting the Reservation Form to Abercrombie & Kent Limited. 

This agreement sets forth the terms and conditions under which Abercrombie & Kent Limited of St Georges House, Ambrose Street, Cheltenham, Gloucester. GL50 3LG, which is registered in England under company number 1082430, agrees to provide the services described in the brochure for Emperors & South Pole: An inspiring Expedition by Geoffrey Kent.  The following conditions together with our Privacy Policy and the relevant information set out on our website will form part of your contract with the Company.  Please read them carefully before you book. 

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that: 

• he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;  
• 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);  
• he/she is over 18 years of age 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; 
• he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking. 

CHARTER TOUR PRICE

The price of the full Tour is £188,000 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.  

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 or make a booking and provide you with 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.  

(b) To secure your booking we require a non-refundable deposit of £112,000 per person and a signed contract is required to secure a confirmed reservation for the Tour. A second non-refundable deposit of £76,000 per person 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 passengers cancel their reservations.  

Payment can be made by cheque, bank transfer or by most major credit cards in favour of Abercrombie & Kent Limited. If for any reason, we do not accept your booking your deposit will be returned.  

Please note: You must be a minimum of 15 years of age to participate in this trip. 

(c) On receipt of your correct deposit 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, 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 holiday direct with the Company all correspondence and other communications will be sent to the address of the person 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 agent, the Company will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you. All monies paid by you to a travel agent under or in contemplation of this contract will be held by the travel agent for the Company until such monies are forwarded to the Company.  

(f) Final payment of the cost of your arrangements is due by April 29, 2022. If your reservation is made after this period, the entire cost of the trip must be paid at the time of the request in order to secure confirmation.  If it is not paid 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 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, signed by the person who made the initial payment.  

(b) Transfers of Booking 

If you cancel and provide a substitute participant for this trip, you will receive a full refund of money paid toward the charter price less an administrative charge of £50 within 14 days after the substitute has paid in full. The costs for visas, commercial air tickets, and pre-tour or post-tour independent arrangements may not be refundable.  

The transfer of participant can occur, subject to the following conditions: 

• that person is introduced by you and satisfies all the conditions applicable to the holiday; 
• we are notified not less than 10 days before departure; 
• 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  
• the transferee agrees to these booking conditions and all other terms of the contract between us. 
• flight tickets may not be able to be transferred in which case a replacement ticket for the transferee would need to be purchased. 

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 passengers not travelling or for unused services.

 

(c) Cancellation by you  

All cancellations must be advised in writing, signed by the person who made the initial payment and sent to the Company at St George’s House, Ambrose Street, Cheltenham, Glos. GL50 3LG. Cancellations are effective on the date they are received by the Company. Recorded delivery is strongly recommended. 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 person
Before 29 April 2022	£112,000
On or after 29 April 2022	£188.000

 

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

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday 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 your 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 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 to the travel destination.  

(e) 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. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.  

(f) Amendments by the Company  

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. 

Most of these changes are insignificant. If we make an insignificant change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant 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.  

We also deem certain Covid-19 related travel and destination requirements as insignificant changes in that we do not expect these changes to significantly affect the performance of the holiday 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 customers to adhere to the local and national guidance that is in force at the destination and whilst travelling to and from the destination, and the Company shall have no liability to you if you fail to comply with those rules and regulations. 

Where we deem Covid-19 changes to have a significant impact upon your holiday we will follow the procedure as outlined below 

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 Abercrombie & Kent received less than two (2) days’ notice.  

(b) A change in the origin or destination city, unless the change affects only the order in which cities are visited. 

(c) A substitution of any hotel of lesser quality that is not named in this contract.  

(d) A price increase of more than 10 percent (10%). 

Notice of any “significant” described in this paragraph will be given within seven (7) days of learning of the change, but at least ten (10) days prior to the scheduled departure date. Provided, however, that if Abercrombie & Kent first learns of a significant change within ten (10) days of the scheduled departure date, it will notify the passenger as soon as possible.  Within seven (7) days after receiving notification of a significant change, but in no event later than departure, you may cancel your reservation and you will receive a full refund. If a significant change occurs after the departure of the flight which you are unwilling to accept, Abercrombie & Kent will refund after the return date named in this agreement, that portion of your payment which applies to any services not provided. 

The passenger’s acceptance of any refund offered under this Agreement shall constitute a waiver of any additional remedies.  

If you cancel and receive a full refund following a significant change made for any reason other than Force Majeure or Low Bookings you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change. 

(g) Compensation when Notification of Change is sent  

Compensation when notification of change is sent
Days prior to departure	Compensation per person
More than 42 days	£10
29-41 days prior	£20
15-28 days prior	£25
0-14 days prior	£30

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

• where we make an insignificant change;  
• where we make a significant change or cancel your arrangements more than 180 days before departure; 
• where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements; 
• where we have to cancel your arrangements as a result of your failure to make full payment on time; 
• where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;  
• where we are forced to cancel or change your arrangements due to Force Majeure.

 

Force Majeure has the meaning set out in clause 16. 

If there is an insignificant change before you depart (that is, any change not included in the definition of a significant change set out above), the Company will try to notify you, although it is not obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday 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 

Abercrombie & Kent reserves the right to cancel the Tour at any time for any reason whatsoever, in its sole and unreviewable discretion. Provided, however, that Abercrombie & Kent shall have no right to cancel the Tour less than ten (10) days before the scheduled departure except due to circumstances that make it physically impossible for it to operate the Tour. If a charter is cancelled 10 or more days before the schedule departure, Abercrombie & Kent will notify you in writing within 7 days after the cancellation, but in any event, at least 10 days before the scheduled departure. If cancellation within 10 days of the departure date is required because it is physically impossible to operate the Tour, Abercrombie & Kent will notify the passenger as soon as possible.  

3. ABERCROMBIE & KENT PRICE POLICY  

(a)  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 UK, 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. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. 

(b)  When you make your booking you must pay a deposit, see section 1b for relevant deposits.  The balance of the price of your travel arrangements must be paid by the date indicated on your confirmation.  If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements.  If the balance is not paid in time, we shall retain your deposit.  

(c) In respect of any booking covered by our ATOL, all moneys you pay to the travel agent are held by them on behalf and for the benefit of the Trustees of the Air Travel Trust at all times.  This is subject to the agent’s obligation to pay it to us for so long as we do not fail.  If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. 

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

(e) 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 online. 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 holiday if the actual price applicable to the holiday is not acceptable to you.  We will of course allow you to amend your holiday with us, if you so wish, to an alternative holiday at the correct price. 

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

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

(g) 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 holiday (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 equivalent or higher quality you will not have to pay more but if it 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.  

(h) Should the price of your holiday 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 travel due to contractual and other protection in place. 

(i) 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. 

Every effort will be made to see the wildlife included in this itinerary; however, as animals are unpredictable, these sightings cannot be guaranteed. Minimum age for participation applies. Please inquire at the time of booking. 

4. RESPONSIBILITIES OF THE COMPANY  

(a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday 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 all travel services included in your package, as set out in your confirmation invoice. 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. The Company accepts liability for any loss you may suffer if due to fault on our part, or that of our agents or suppliers, any part of the holiday arrangements you book with the Company before your departure is not as described in our brochure, on our website, or itinerary or not of a reasonable standard and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday, in such circumstances 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 package. The Company limits its liability in respect of these claims to a maximum of three times the holiday cost. Subject to the conditions set out below, The Company also accepts liability if you or any member of your party suffers death or personal injury as a direct result of the negligence of the Company or its suppliers. However, these acceptances of liability do not apply if there has been no fault on the part of the Company or its servants, agents, or suppliers or if,  the loss, death or personal injury suffered is attributable to (i) your own acts or omissions, (ii)  the acts or omissions of a third party not involved in providing the services which make up your holiday and which were unavoidable and extraordinary or (iii) Force Majeure. In addition, where claims do not involve personal injury or death, they are also conditional upon you following the procedures for notification of complaints set out in clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company’s liability. Nothing in the above shall limit or exclude the Company’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law. 

(c) The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked with us before your departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited as if we were the carrier under any international convention which governs such services. International Conventions which may 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 1980; 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 should also know that the carrier will rely upon its ‘conditions of carriage’ which may limit or remove the carrier’s liability to you and limit compensation under international conventions. 

(d) Our suppliers (such as accommodation or transport providers) have their own booking 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. 

(e) If we make any payment to you or any member of your party for death, personal injury or illness, you must co-operate fully with us in seeking recovery of any payment we make. 

(f) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Abercrombie & Kent 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 holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. We strongly recommend you have adequate travel insurance for your holiday 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 (c) above. 

(g) If you suffer death, injury or illness during your holiday arising out of an activity which does not form part of the inclusive arrangements booked with the Company, the Company will offer assistance where appropriate and in its sole discretion. This assistance must be requested within 90 days of your misadventure and will be limited to general advice and/or assistance with legal fees up to £5,000 per party, such contributions to be repaid to the Company out of any judgment or insurance payment you subsequently obtain. 

(h) Where it is impossible for you to return to your departure point as per the agreed return date of your package, 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 holiday. 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. 

(i) 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 

(j) Abercrombie & Kent 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 Abercrombie & Kent’s control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.  

5. YOUR RESPONSIBILITIES  

(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. No refund will be provided in this event. 

(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.   

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. 

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. 

(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. 

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 holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements 

(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. 

(g) 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 agent. 

(h) Approximately 7 days before departure you will receive your flight tickets together with other information concerning your holiday. 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. 

(i) 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 holiday. The Company cannot accept responsibility for clients 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 holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents. 

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

(k) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. 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 prior to date of travel.  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. 

7. DATA PROTECTION  

(a) In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact the Company during normal working hours.  

(b) The information you are required to provide may include debit/credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory and business requirements this information will be securely deleted as soon as it is no longer required. However, it is necessary for the Company to retain your debit/credit card details for a reasonable period of time after the conclusion of you holiday, and you consent to such retention, in the event that any costs referred to in clause 5(j) above are incurred and you fail to settle these directly with the supplier, in order that the Company can debit your card for the relevant amount. This will be reviewed on a regular basis to ensure that the information is not kept longer than is strictly necessary for the purposes set out above. 

8. ILLNESS AND DISABILITY  

If you or any member of your party suffer from a disability or other medical condition please tell us before you book. Abercrombie & Kent 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 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. 

9. IF YOU HAVE A PROBLEM  

(a) If you are unhappy with any aspect of the Company's arrangements while you are on holiday, 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 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. 

10. GOVERNING LAW  

This contract and any matters arising from it are governed by the laws of England and Wales and are subject to the jurisdiction of the Courts of England and Wales. 

11. 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. 

12. 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 and European Economic Area (EEA). 

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. 

Abercrombie & Kent 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. 

13. 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 Booking Conditions, 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. 

14. FORCE MAJEURE 

Except where otherwise expressly stated in these Booking Conditions 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 Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as pandemics, epidemics 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 to the travel destination or remain at the travel destination,  the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier concerned’ control.  

15. COVID-19 ACKNOWLEDGEMENT 

Guest must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by Abercrombie & Kent staff during their journey. Guest may not travel if they test positive for COVID-19 during the 14 days prior to departure; standard cancellation terms will apply. Guest must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and in accordance with local regulations. Noncompliance with these measures will result in not being able to continue on the journey. Guest voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party require testing, quarantine or become infected with COVID-19. 

16. 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. 

17. PROGRAMME 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. 

Not included in the quoted programme 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. 

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. 

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.  

ONE NAME: ONE UNPARALLELED STANDARD WORLDWIDE 

Throughout this brochure, you’ll see references to “Abercrombie & Kent” (or simply “A&K”). This is our shorthand for the many independent Abercrombie & Kent companies that work with A&K, to provide its guests with a consistent worldwide standard of expertise and excellence in travel. Their independence allows our guests to benefit from unique local knowledge and specialized services available only from destination-based operating companies around the globe. 

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 UK Privacy Notice, which can be found at abercrombiekent.co.uk/privacy, and which is incorporated herein.