Booking Terms & Conditions - Australia & New Zealand Journeys

Please read the conditions below carefully as they set out the basis upon which we accept all bookings. We reserve the right to amend our booking conditions from time to time. Please check with your travel consultant for our up to date booking conditions. We also have different terms & conditions for different travel styles.

To download our Australia & New Zealand Tailor-Made Travel T&C's - Click here.

Please click here to view our International Journey, and Small Group Journey Booking Terms & Conditions.

Tailormade Travel Terms and Conditions for Bookings made in Australia or New Zealand for travel in Australia or New Zealand.

These Terms and Conditions apply to Tailor-made Travel for Bookings made in Australia or New Zealand for travel in Australia or New Zealand.

For all other terms and conditions, please refer to

Please ensure that you read all the Conditions below. In particular, we draw your attention to the following Clauses:

  • Clause 2 – Basis of Contract
  • Clauses 3.1 and 3.2 – Quotations and Deposits
  • Clause 5.1 and 6.1 – Price Policy and Final Payment
  • Clause 8 - Cancellations by the Guest
  • Clause 9 - Force Majeure and Material Alterations by A&K
  • Clause 10 – Obligations and Liability
  • Clause 17 – Travel Advisories and Warnings

Payment of a Deposit indicates your acceptance of these Conditions. A contract is formed once the Guest has paid the Deposit.

1. Definitions

“A&K” means Abercrombie & Kent (Australia) Pty Ltd ACN 005 422 999.

“ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010.

“Amendment Fee” means amount payable by the Guest to A&K for the additional costs of time, communication and associated administration which may be incurred by A&K to provide additional Services when a Guest requests a change to a confirmed Booking.

“Booking” means a Guest’s acceptance of a Quotation as informed to A&K, subject to these Conditions.

“Conditions” means these Terms and Conditions.

“Contract” means any agreement for the provision of Services by A&K, and the provision of the Travel Arrangements, to the Guest.

“Guest” means each person, including minors, jointly or severally if more than one, acquiring or engaging in Services from A&K, or acquiring Travel Arrangements.

“Departure Date” means the date scheduled for the Guest to depart at the start of the Travel Arrangements.

“Deposit” means an amount payable by the Guest to A&K at the time of Booking, as set out in a Quotation.

“Force Majeure” means 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.

“GST” has the definition given in A New Tax System (Goods and Services Tax) Act 1999 (“Act”) or any amending legislation, and includes any similar value–added or consumption tax.

“Material Alteration” means a material change to the Travel Arrangements as reasonably determined by A&K. Examples of a Material Alteration may include, but are not limited to, the following alterations, when made before departure: a change of flight time by more than 12 hours, a change of airport (except between airports serving the same city), a change of destination or a change to a lower standard accommodation, and/or price.

“Products” means individual components of Travel Arrangements, including but not limited to accommodation, airfares, meals, transport, cruises and tours.

“Quotation” means A&K’s quotation provided to the Guest in respect of proposed Travel Arrangements.

“Refundable Amounts” means the amount/s paid by a Guest to A&K in respect of a particular service the subject of amendment or cancellation, less any unrecoverable costs incurred by A&K and any Retainable Amounts.

“Retainable Amounts” means any Amendment Fee, any Cancellation Charge, and any other amount unrecoverable by A&K or identified in a Quotation as retainable.

“Services” means the booking and payment services provided by A&K in relation to the Travel Arrangements, and the delivery of the Travel Arrangements which are directly controlled by A&K, but does not include delivery of any Products provided or to be provided by Suppliers.

“Suppliers” means the parties that are responsible for providing the individual Products.

“Supplier Fees” means any amounts payable by the Guest to a Supplier, including but not limited to amounts payable to the Supplier in the event of amendment or cancellation.

“Tax Invoice” means a tax invoice which complies with the definition contained in section 29 – 70 of the Act or any amending legislation.

“Travel Arrangements” means the travel arrangements made by A&K including all Products.

2. Basis of Contract

2.1 The Conditions apply exclusively to every Contract for Services by A&K to the Guest and cannot be varied or supplanted by any other condition unless expressly accepted in writing by A&K.

2.2 Acceptance: Payment of a Deposit indicates the Guest’s acceptance of the Conditions. A contract is formed once the Guest has paid the Deposit.

2.3 Different Products may have specific terms and conditions, Deposit requirements and cancellation charges applicable to the Products. These will be communicated in the Quotation or prior to the Guest making a Booking.

2.4 Guests who book with A&K are also bound by the terms and conditions of any relevant Suppliers (Supplier T&Cs) insofar as they relate to Products and Travel Arrangements, and the Guest accepts and agrees that:

(a) it is the Guest’s responsibility to read and understand the Supplier T&Cs as provided to them or where access is made available to them; and

(b) in the event of an inconsistency between these Terms and any Supplier T&Cs, these Terms will prevail to the extent they relate to any Contract between a Guest and A&K.

3. Making a Booking For Your Travel Arrangements

3.1 Quotations are valid for a period of 7 days.

3.2 Deposit – a Deposit of 10% of the total cost set out on the Quotation or $500 per person (whichever is the higher amount) and full names of all Guests as per passports are required to secure a Booking. The Guest is responsible for the accuracy of the information it provides. There may be an additional Deposit depending on the policies of the Supplier of Products. Any additional Deposits will be advised at or before the time of making a Booking.

3.3 Requests to make a Booking within 45 days before the Departure Date must be accompanied by full payment and may be subject to an urgent processing fee, in addition to any applicable Supplier Fees.

4. Public Health: Communicable Or Infectious Diseases

4.1 “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, including a cruise ship. 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 that participation in Travel Arrangements is entirely voluntary. By participating in Travel Arrangements Guest attests that Guest is knowledgeable about his or her individual risk of developing severe illness if Guest is exposed to and/or infected with highly contagious or communicable illnesses or diseases such as COVID-19. Guest must make an informed decision about travelling based on Guest’s individual risk and Guest is strongly encouraged to consult with a medical provider before deciding to participate in Travel Arrangements based on Guest’s individual risk.

Guest further acknowledges and agrees to abide by, and consent to, all public health rules, regulations, mandates and safety protocols issued by A&K and/or its Suppliers 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 or A&K or its Suppliers, which may include testing before, during and after your Travel Arrangements; (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 or its Suppliers 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 A&K and/or its Suppliers and/or 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 your 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.

4.2 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 Travel Arrangements; 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 Travel Arrangements.

Guests must comply with all vaccination requirements for country entry and any local regulations which may change from time to time. Noncompliance with these measures will result in not being able to continue on the Travel Arrangements. The Guest voluntarily assumes all related expenses in the event that they or any member of their travelling party are not in compliance with these requirements. 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.

4.3 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 the 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 the Products to a Guest on the basis that the 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;

d) a Supplier refusing to provide the Products to a Guest on the basis that the Guest has not met the health and safety protocols applied by the Supplier or its authorised agents (including, but not limited to, if the Guest develops or presents with symptoms of COVID-19);

e) a Guest developing or presenting with symptoms of COVID-19 prior to departure or at any point throughout the Travel Arrangements, and refusing to comply with a reasonable direction by A&K or a Supplier to seek medical care; and

f) a Guest providing inaccurate or misleading information at or before the time of making a Booking.

5. Price Policy

5.1 All prices shown herein are per person in Australian Dollars unless otherwise specified. Prices shown are indicative only and usually for travel during the low season. ‘From’ prices are the lowest prices for the Products we believe are available based on known costs, and information available from Suppliers at the time of establishing those prices. Prices do vary across date ranges, are subject to availability and to change due to factors including currency exchange rate fluctuations fuel levies, tax changes, or any other changes in connection with the Travel Arrangements. Please contact A&K for best available price for your preferred travel dates. Prices are subject to the Quotation provided.

5.2 Travel Arrangement prices set out in a Quotation are for the entire package of Products, and itemised component costs cannot be given.

5.3 Prices per person may be based on Products being booked for all Guests in the Booking, and accordingly Guests must travel together throughout the Travel Arrangements, unless variations are explicitly agreed.

5.4 Surcharges – the price of the Travel Arrangements is subject to the possibility of surcharges. Surcharges may be incurred for circumstances beyond our control (without limitation) in connection with currency exchange rates, increases in Product prices, fuel levies, the imposition of new or amended government charges, scheduled airfares, hotel, cruise and ground transportation charges, park entrance fees, and any other increases in connection with the Travel Arrangements. A&K will not surcharge for currency fluctuations once full payment has been received.

5.5 Where there is any unforeseeable change in the costs incurred by A&K in providing the Services, A&K may vary its price to account for such change by notifying the Guest, whether or not the Guest has made full payment.

5.6 Changes in the Australian Dollar – the financial commitments A&K undertakes in order to offer the prices mean that prices cannot be reduced or refunded if the Australian dollar strengthens.

5.7 Products not Utilised – no refunds are made in respect of Products booked but not utilised, for example, flights, accommodation, meals and sightseeing excursions.

5.8 Prices set out in a Quotation include GST. Prices for the supply of the Travel Arrangements and the Services exclude any other taxes, duties or imposts imposed on or in relation to the Travel Arrangements and the Services in Australia or overseas. The Guest is liable to pay any amount of GST imposed on any Product.

6. Payment

6.1 Final Payment – unless otherwise agreed in writing, the final payment must be received by A&K no later than 45 days (for Tailor-Made) and 60 days (for Luxury Lodges) and 90 days (for True North Products) prior to the Departure Date.

6.2 Where a Booking is made less than 45 days (for Tailor-Made),60 days (for Luxury Lodges) and 90 days (for True North Products) before the Departure Date, full payment must be made at the time of the Booking.

6.3 If you pay A&K by credit card, a surcharge will be added to the total price. The current surcharge for all credit cards is 1.5% of the total price.

7. Amendments by the Guest

7.1 A&K will endeavour to assist if the Guest requests an amendment to the Travel Arrangements up to 45 days (for Tailor-Made) and 60 days (for Luxury Lodges) prior to the Departure Date subject to the following:

a) Amendment Fees – fees may apply to any Guest requesting a change to a confirmed Booking or Contract. Additional Supplier Fees may also apply.

b) Any charges or fees arising from a request for an amendment are payable by the Guest whether or not A&K is successful in confirming the requested amendment.

c) Late Amendments – amendments made by the Guest within 45 days (for Tailor-Made) and 60 days (for Luxury Lodges) of the Departure Date are treated as cancellations and re-bookings. Cancellation fees apply as detailed below.

8. Cancellations by the Guest

8.1 The Guest must give A&K notice if the Guest intends to cancel any Travel Arrangements.

8.2 Charges – Unless otherwise agreed by A&K and the Guest in writing, the following cancellation charges, excluding international airfares, are payable by the Guest based on the number of days prior to the Departure Date A&K receives notice of cancellation.

Days prior to Departure Date & Amount or Percentage of Travel Arrangements Price Payable
46 days or more: 10% cancellation fee or $500 per person (whichever is higher)
45-31 days prior: 50% cancellation fee
30-15 days prior: 75% cancellation fee
14 – 0 days prior: 100% cancellation fee

The Guest agrees the sums referenced in the cancellation provisions above are not a penalty and represent a genuine pre-estimate of the loss and damage to which A&K will be subject in the event of such cancellation. These include, amongst other costs but not limited to, fees charged by hotels and travel suppliers to A&K for cancelled bookings.

8.3 Additional Charges – the Guest may further incur Supplier Fees for cancellation, including flight providers, over which A&K has no control. These charges can vary up to the amount paid.

8.4 A&K may treat a Booking as cancelled and levy cancellation charges if the Guest does not pay the balance of the Travel Arrangements price 45 days (for Tailor-Made), 60 days (for Luxury Lodges) and 90 days (for True North Products) prior to the Departure Date.

9. Force Majeure and Alterations by A&K

9.1 A&K and, where applicable, any relevant Supplier, shall be excused from performance of their respective obligations under these Conditions to the extent that it is prevented from acting due to circumstances amounting to a Force Majeure Event, for as long as such circumstances last and affect such performance.

9.2 To the maximum extent permitted at law, A&K is not liable to the Guest or any third party in any way whatsoever to the extent provision of the Services, or availability of the Products or any part of the Travel Arrangements, is impacted by a Force Majeure Event.

9.3 Where a Force Majeure Event occurs, if A&K seeks to rely on clause 9.1, it must:

(a) give immediate notice to the Guest stating the nature of the event, and its likely duration (if known to A&K), and the effect of the Force Majeure Event on its ability to perform any of its obligations under these Conditions; and

(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

9.4 If A&K considers the provision of its services to a Guest, or a Product or the Travel Arrangements or any party of a Product or the Travel Arrangements, is or will be impacted by a Force Majeure Event, it may:

(a) suspend or terminate the Agreement by written notice to the Guest;

(b) cancel the Travel Arrangements or any part of the Travel Arrangements;

(c) subject to Clause 8.5, offer the Guest alternative Travel Arrangements of comparable standard as may be appropriate in the circumstances; or

(d) elect to offer the Guest, at A&K’s discretion:

(i) travel credit with A&K in the sum of the Refundable Amounts; or

(ii) a refund in the sum of the Refundable Amounts.

9.5. If a Guest accepts an offer made by A&K under clause 9.4(c):

(a) Unless otherwise agreed by A&K in writing, A&K may charge the Guest, and the Guest must pay, the Amendment Fee; and

(b) the Guest will be liable for and must pay any relevant Supplier Fees.

9.6 A&K must use reasonable endeavours to ensure Travel Arrangements proceed as booked by the Guest. However, the Guest acknowledges and agrees:

a) delivery of the Products and certain parts of the Travel Arrangements are matters out of A&K’s control or influence; and

b) A&K, or any Supplier, may alter any part of the Travel Arrangements, including programme itineraries, arranged activities and sightseeing, accommodation and transport, where reasonably necessary due to matters beyond their control other than a Force Majeure Event, without liability. Such alterations may occur after the final itinerary has been issued.

9.7 Where A&K alters any part of the Travel Arrangements subject to Clause 8.6(b), it must endeavour to ensure any alternative arrangements substituted in place of the affected Travel Arrangements are of a comparable standard.

9.8 Material Alteration – if A&K, or any Supplier, makes a Material Alteration to the Travel Arrangements other than as a result of a Force Majeure Event within 45 days of the Departure Date for Tailormade (60 days Luxury Lodges, 90 days for True North Products) for any reason other than the circumstances described in clause 9.3, A&K will give notice to the Guest within a reasonable time. The Guest will have the choice to accept the Material Alteration, or accept comparable Products offered by A&K (if applicable), or receive a full refund of all monies paid by the Guest less any unrecoverable costs. The Guest must notify A&K of its choice within seven days of the offer. If A&K does not hear from the Guest within seven days, A&K will assume that the Guest has chosen to accept the Material Alteration.

9.9 Refunds related to a Material Alteration or Force Majeure Event – subject to clauses 9.4 and 9.8, and without prejudice to any obligations it has at law, A&K will refund the Guest the Refundable Amounts within a reasonable time after cancellation. However, the Guest acknowledges and agrees that in certain circumstances, a refund will be delayed if A&K requires the refund to be processed by a Supplier.

9.10 Claims and Refunds – In circumstances other than those relating to a Material Alteration or Force Majeure Event, refunds are not made for any missed Services, except for verifiable extenuating circumstances. Please see Clause 10 relating to our obligations and liability. For claims to be considered, they should be received in writing within 30 days of the termination of the Travel Arrangements and be accompanied by supporting documentation and/or a statement from the local destination management company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals.

10. Obligations and Liability

10.1 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. A&K acts as an agent for the Suppliers of Products. The Guest forms a contract with A&K for the provision of Services (as defined in Clause 1 above). Once A&K provides its booking and payment services the Guest also forms a contract with the Supplier who is responsible for the provision of Travel Arrangements to the Guest. To the maximum extent permitted at law, A&K accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Guest or third party resulting from the Guest’s or third party’s use of the Products, unless recoverable from A&K on the failure of a statutory guarantee under the ACL. A&K makes reasonable enquiries to determine that Suppliers provide appropriate Products, but A&K is not responsible for the Products or their standard.

10.2 Except as the Conditions specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, specification or performance of the Travel Arrangements or Services or any contractual remedy for their failure.

10.3 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. The 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, snorkelling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, white-water 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.

10.4 Further, as consideration for being permitted to participate in the Activities, to the maximum extent permitted at law, you release A&K and its Parties whether known or unknown, from, and agree not to sue or make claim against A&K and its 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 A&K and its Parties and/or from any defect in equipment. You further agree to indemnify and hold A&K and its Parties harmless with respect to any claim made against A&K and its Parties by anyone else (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, A&K and its Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.

10.5 Nothing in these Conditions restricts, limits or modifies the Guest’s rights or remedies as a consumer against A&K for failure of a statutory guarantee under the ACL.

10.6 Nothing in the 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.

10.7 Insurance - A&K strongly recommends that all Guests insure themselves against loss of Deposit, cancellation charges, medical and repatriation expenses, personal injury and accident, death, loss of personal possessions or baggage, and any other foreseeable loss, expense, cost, damage or liability related to the Travel Arrangements. A&K expressly excludes liability to the Guest or any third party for any loss, expense, cost, damage or liability arising from or in any way related to a Guest’s failure to obtain suitable travel insurance.

10.8 The Guest agrees and acknowledges that A&K will not be liable for any loss or damage incurred by the Guest due to the Guest’s failure to obtain any valid passports, visas, permits or any other governmental requirements of the countries of transit or travel.

10.9 The Guest acknowledges and accepts that different places, countries, facilities and tour operators may have lower standards of safety, labelling, warnings and precautions. The Guest is responsible for maintaining personal diligence and safety notwithstanding the level of standards. A&K is not liable for any loss, damage, injury or death that could be avoided if the Australian standards were to apply.

11. Notice

11.1 A notice by the Guest must be in writing, and may be delivered by hand, sent by prepaid mail, sent by facsimile or sent by electronic means such as e-mail to the address or number specified.

11.2 A notice is treated as given to A&K, when:

a) if hand delivered, when delivered;

b) if sent by prepaid mail, when received or within 48 hours after posting, whichever is the sooner;

c) if sent by email or facsimile, on confirmation of successful transmission.

12. Governing Law

12.1 These Conditions are governed by and are to be construed in accordance with the laws of the State of Victoria and Australia.

12.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts and Tribunal of Victoria and Courts entitled to hear appeals from those Courts and Tribunals.

13. Privacy Information

13.1 Any personal information that A&K obtains from the Guest, or about the Guest from its representative, is necessary for A&K’s business purposes or providing the Guest with A&K’s Travel Arrangements, Products and Services, and may be used in answering any queries the Guest may have, considering the Guest’s application for credit or to become a Guest, performing internal administration and operations, developing, improving and marketing A&K’s Services, and related purposes.

13.2 A&K’s Privacy Policy details why A&K collects this personal information, who A&K may disclose it to (including whether A&K is likely to disclose it to overseas recipients), and the main consequences (if any) if A&K does not collect the personal information of the Guest. A&K’s Privacy Policy also contains information about how the Guest may seek access to, or correction of, the personal information held about the Guest, and A&K’s complaint resolution procedures.

13.3 A&K will not disclose any personal information to any other party without the consent of the Guest except to the Suppliers, a related entity or adviser of A&K or where A&K is otherwise required by law to do so.

13.4 A&K’s Privacy Policy is available at or by request to A&K by phoning +61 3 9536 1800 or via email at [email protected]

14. Miscellaneous

14.1 A&K’s failure to enforce any of these Conditions shall not be construed as a waiver of any of A&K’s rights.

14.2 If any Condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the Conditions without affecting the enforceability of the remaining conditions.

14.3 A&K reserves the right to correct any errors or omission in its published materials and to amend these Terms and Conditions at any time as a result of any material change to legislation or regulations or change to A&K policies. Amended Terms and Conditions shall automatically be effective upon being posted by A&K to the website or by providing Notice to the Guest.

15. Photography or Recording During Travel

15.1 A&K reserves the right to take photographs or video or audio recordings during the operation of any Travel Arrangements or part thereof and to use them for promotional purposes during the Travel Arrangements and thereafter.

15.2 By making a Booking with A&K, Guests agree to allow their images and/or voice to be used in such photographs, video and recordings.

15.3 Guests who prefer that their images and/or voice not be used are asked to identify themselves to an A&K representative at the beginning of their Travel Arrangements.

16. Travel Documents

16.1 Travel documents will be issued after final payment has been received. Travel documents may include special conditions including restrictions such as baggage size and weight limits. Travel documents are not transferable. All airline tickets must be issued in the name of the passport holder and some carriers will deny carriage if the name varies and the booking may be cancelled. It is the Guest’s responsibility to collect all travel documents prior to travel.

16.2 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 traveling party.

17. Travel Advisories and Warnings

17.1 It is the responsibility of the Guest to be informed about the most current travel advisories and warnings by referring to the relevant State or National Government’s website of your home country. In the event of an active Travel Advice against travel to the specific destination location(s) of the trip, should the Guest still choose to travel, notwithstanding any travel advisory or warning, the Guest assumes all risk of personal injury, death or property damage that may arise out of events like those advised or warned against.

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