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THE ROYAL SCOTSMAN - Luxury Territory

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<strong>THE</strong> <strong>ROYAL</strong> <strong>SCOTSMAN</strong><br />

TERMS AND CONDITIONS<br />

1. YOUR TOUR INCLUDES<br />

State Cabin with twin or single accommodations and private en suite shower and toilet facilities;<br />

table d’hôte meals daily, including wine and all alcoholic beverages; sightseeing excursions and<br />

entertainment; and all applicable taxes.<br />

2. YOUR TOUR DOES NOT INCLUDE<br />

Crew gratuities and Travel insurance. (A&K’s Passenger Travel Protection Program, which helps<br />

provide reimbursement in the event of unexpected cancellation, is strongly recommended).<br />

3. TOUR PAYMENT (INDIVIDUAL BOOKINGS)<br />

A deposit of 25% of the tour price is required at the time of booking. The remainder of the<br />

cost of your tour is due 90 days prior to departure. If your reservation is made within 90 days<br />

of departure, the entire cost of the tour must be paid at the time of confirmation.<br />

4. TOUR CANCELLATION (INDIVIDUAL BOOKINGS)<br />

Cancellations received 120 days or more prior to departure will be subject to cancellation<br />

fee of 5% of the tour price; cancellations received 119–56 days, 25%; cancellations received<br />

55–21 days, 50%; and cancellations received 20 days or less, 100%.<br />

In the unlikely event that it is necessary for The Great Scottish & Western Railway Company Ltd.<br />

(GS&WR) to cancel a tour or to make a major change to a confirmed tour (and a major change<br />

is a change to the departure date, or a change to departure time of more than 12 hours),<br />

GS&WR will advise A&K who will tell guests as soon as is practically possible before departure.<br />

Guests will then have the choice of accepting the major change with such alternative arrangements<br />

for the tour, or choosing an alternative departure date for the tour, or withdrawing from the<br />

contract and accepting a full refund of all monies paid.<br />

Other than major changes as above, GS&WR reserves the right to make changes in routings,<br />

visits and tour timings at any time, and although will, if practical, be advised of any such changes<br />

before departure, GS&WR is not obligated to advise guests or pay them compensation.<br />

GS&WR may cancel a tour more than 60 days before departure where the minimum number<br />

of 20 bookings required for a tour has not been met. Guests will then have the choice of<br />

accepting an alternative departure date for the tour, or withdrawing from the contract and accepting<br />

a full refund of all monies paid.<br />

5. REFUNDS FOR MISSED DAYS<br />

There will be no refunds for days missed on any tour.<br />

6. PRICES AND ARRANGEMENTS<br />

Quoted tour prices include planning, handling and operational charges, and are based on current<br />

rates of exchange, tariffs and taxes as of June, 2007. A&K and/or the Great Scottish & Western<br />

Railway Company reserve the right to increase tour prices to cover increased costs, tariffs and<br />

taxes received after prices are published, and to reflect fluctuations in foreign exchange markets.<br />

7. LIMITS ON ABERCROMBIE & KENT’S RESPONSIBILITY<br />

Abercrombie & Kent, Inc., its employees, shareholders, officers, directors, successors, agents<br />

and assigns (collectively A&K), does not own or operate any entity which is to or does provide<br />

goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or<br />

otherwise), hotel and other lodging accommodations, restaurant, ground handling and other<br />

services from various independent suppliers (including from time to time other affiliated<br />

Abercrombie & Kent companies). All such persons and entities are independent contractors.<br />

As a result A&K is not liable for any negligent or willful act of any such person or entity or of<br />

any third person.<br />

In addition and without limitation, A&K is not responsible for any injury, loss, death, inconvenience,<br />

delay or damage to personal property in connection with the provision of any goods or services<br />

whether resulting from but not limited to acts of God or force majeure, illness, disease, acts<br />

of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or<br />

PAGE SEVEN<br />

terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical<br />

or other failure of aircraft or other means of transportation or for failure of any transportation<br />

mechanism to arrive or depart on time.<br />

Travel Advisories and Warnings: It is the responsibility of The Traveler to become informed about<br />

the most current travel advisories and warnings by referring to the U. S. State Department’s<br />

travel website at www.travel.state.gov/ or by phone at 1-888-407- 4747. In the event of an<br />

active State Department Travel Warning against travel to the specific destination location(s)<br />

of the trip, should The Traveler still choose to travel, notwithstanding any travel advisory or<br />

warning, The Traveler assumes all risk of personal injury, death or property damage that may<br />

arise out of the events like those advised or warned against.<br />

Arbitration Agreement: Any controversy or claim arising out of or relating to these Terms and<br />

Conditions, to the Limits on Abercrombie & Kent’s Responsibility clause, to the brochure, to any<br />

information relating in any way to the trip, to the trip itself, or to any products or services related<br />

to the trip, shall be settled solely and exclusively by binding arbitration in Chicago, Illinois in<br />

accordance with the Commercial Arbitration Rules of the American Arbitration Association,<br />

except that (a) in lieu of a personal appearance at arbitration, the arbitration may be conducted<br />

by telephonic means, (b) arbitration is the exclusive forum for dispute resolution (no court<br />

actions), and (c) except as otherwise provided by statute, each party shall bear its own costs<br />

and expenses and an equal share of the arbitrator and administrative fees.<br />

Travelers Representations: The Traveler represents that neither he nor she nor anyone traveling<br />

with him or her has any physical or other condition or disability that could create a hazard to<br />

himself or herself or other members of the tour. A&K reserves the right to decline to accept<br />

anyone on a trip. A&K reserves the right to remove from the trip, at his or her sole expense,<br />

anyone whose condition is such that he or she could create a hazard to himself or others, or<br />

otherwise impact the enjoyment of other passengers on the trip.<br />

ANY PAYMENT TO ABERCROMBIE & KENT CONSTITUTES YOUR ACCEPTANCE OF <strong>THE</strong><br />

TERMS AND CONDITIONS SET OUT HEREIN AND IN MORE SPECIFIC PRE-DEPARTURE<br />

PASSENGER DOCUMENTATION, INCLUDING <strong>THE</strong> RESERVATION INFORMATION FORM.<br />

Abercrombie & Kent, Inc. accepts all major credit cards.<br />

ASTA TOP TOUR OPERATOR PROGRAM<br />

Abercrombie & Kent, Inc. is a member of the American Society of Travel Agents’ TOP Program,<br />

open only to select tour operators.<br />

UNITED STATES TOUR OPERATORS’ ASSOCIATION<br />

Abercrombie & Kent, Inc., as an Active Member of the United States Tour Operators Association<br />

(“USTOA”) is required to post $1 Million with USTOA to be used to reimburse, in accordance<br />

with the terms and conditions of the USTOA Travelers Assistance Program, the advance<br />

payments of Abercrombie & Kent, Inc. customers in the unlikely event of A&K’s bankruptcy,<br />

insolvency or cessation of business. Further, you should understand that the $1 Million posted<br />

by Abercrombie & Kent, Inc. may be sufficient to provide only a partial recovery of the advance<br />

payments received by Abercrombie & Kent, Inc.<br />

Complete details of the USTOA Travelers Assistance Program may be obtained by writing to<br />

USTOA at 275 Madison Avenue, Suite 2014, New York 10016, or by email to<br />

information@ustoa.com or by visiting their website at www. USTOA.com.<br />

For reservations, contact your travel agent or<br />

Telephone 1-800-323-7308 or 1-630-954-2944<br />

Facsimile 1-630-954-3324<br />

info@abercrombiekent.com<br />

www.abercrombiekent.com<br />

© Venice Simplon-Orient-Express Ltd whose registered and head office is at 20 Upper<br />

Ground, London SE1 9PF. Telephone +44 (0)20 7921 4000. Registered in England No. 1551659.<br />

This publication is copyright Venice Simplon-Orient-Express Ltd 2007.<br />

A&KUSD

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