Terms & Conditions

Definitions

"A&K" or "Abercrombie & Kent" refers to Abercrombie & Kent as a global network of companies without referring to a particular entity.

"A&K Inc" means Abercrombie & Kent USA, LLC, a company registered in Illinois, USA, the principal contracting party under this Agreement.

"A&K Australia" means Abercrombie & Kent (Australia) Pty Ltd ACN 005 422 999, a company registered in Australia under the Corporations Act 2001 (Cth), acting as agent for A&K Inc under this Agreement.

"Customer" means a person, firm or corporation who books an Extreme Adventures Program with A&K.

"Extreme Adventures Program" means a program listed in A&K's Extreme Adventures Brochure.

Scope of Agreement

In the Extreme Adventures Programs Abercrombie & Kent (Australia) Pty Ltd ACN 005 422 999 acts as agent for Abercrombie & Kent USA, LLC, a company registered in Illinois, USA and does not act in its own right.

The agreement constituted by a Customer booking an Extreme Adventures Program is subject to and governed by these Terms and Conditions is between the traveller and A&K USA, LLC as the principal contracting party, not between the traveller and A&K Australia.

A&K Australia, in its capacity as agent for A&K USA, LLC, will provide services to Customers, namely, booking Customer air travel, and arranging for visas and travel insurance for Customers ("Local Services"). A&K Australia provides the Local Services in its capacity as agent for A&K Inc and not on its own behalf.

All prices quoted are in US Dollars. A&K Australia will offer Customers prices in Australian dollars, which are valid for 7 days from the time they are given.

Limitation of liability for A&K Australia

A&K Australia is not liable for any injury, loss, damage, accident, delay or irregularity suffered by any Customer or third party resulting from the provision of the Local Services to the Customer or third party.

To the extent permissible by law, A&K Australia shall not be liable for any injury, loss, damage, accident, delay or irregularity suffered by any Customer, whether resulting from A&K Australia's negligence, breach of contract or otherwise.

Except as specifically set out herein, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, specification or performance of the Local Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded to the extent permissible by law.

If A&K Australia is unable to provide the Local Services due to circumstances beyond its control it is not liable for any injury, loss, damage, accident, delay or irregularity arising to the Customer or any third party.

A&K Australia is not liable for any direct or indirect loss, expense, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident delay or irregularity occasioned to the Customer as a result of booking an Extreme Adventures Program.

A&K Australia strongly recommends that the Customer insure themselves against loss of deposit, cancellation charges, medical expenses and loss of personal possessions, and any other foreseeable loss or expense.

Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or Federal legislation which cannot be excluded, restricted or modified.

To the extent that any program or activity undertaken by a Customer is a recreational service which involves a significant degree of exertion or risk within the meaning of section 68B of the Trade Practices Act 1974 (Cth), A&K Australia shall not be liable for any loss or damage suffered by any person as a result of injury or death to any person.

These Terms and Conditions are to have their plain and natural meaning and no clause is to be construed to the disadvantage of a party because that party was responsible for the preparation of or obtains the benefit of that clause.

A&K Australia makes no warranty or representation that any injury, loss, damage, accident, delay or irregularity arising out of any activity or circumstance during an Extreme Adventures Program will be covered by any insurance arranged by A&K Australia.

ABERCROMBIE & KENT, A&K, A&K EXTREME ADVENTURES are service marks owned by Abercrombie & Kent Group of Companies, S.A.