Agency Booking Conditions

• Intrepid Agency Booking Conditions

These will also be subject to the Operator’s Terms and Conditions as set out below:

• Operator Terms and Conditions

  • Polar (Quark)
    These Expedition Terms and Conditions apply to trips run by our partner Quark in both the Antarctic and Arctic regions

  • Antarctic Voyages (Ocean Nova)
    These Expedition Terms and Conditions apply to trips on board the Ocean Nova.

  • Flights
    These apply to bookings that include the purchase of flights

1. Our contract - services provided to you by Intrepid 
   You have booked a third-party operator trip with Intrepid Travel Pty Ltd (ABN 35 007 172 456) (us/we). In this circumstance, we act as an agent for and sell, certain Travel Products on behalf of the third-party travel operator (Operator). Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) provide travel advisory services, make travel bookings on your behalf and to arrange relevant contracts between you and the Operator (the Booking Services). You pay us for providing the Booking Services to you. Your Booking Confirmation is your acknowledgement that we are entitled to retain payment for the Booking Services from the Operator. The terms of the relationship between us are governed by these Agency Booking Conditions.
    

2. What the Operator provides to you
   In this relationship, we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by the Operators. The Operator is responsible for providing the Travel Product to you. All bookings are made on your behalf subject to the Operator Terms and Conditions, including conditions of carriage and limitations of liability, imposed by these service providers. We will require you to expressly agree to these Operator Terms and Conditions that apply to the Travel Product.  We will provide you with copies of the Operator Terms and Conditions on request.  
    

3. Deposit and final payments
   You will be required to pay a deposit when booking your Travel Product. Unless otherwise specified in the Special Conditions, your sales consultant will advise how much that will be as out in the relevant Operator Terms and Conditions. A deposit will secure your booking, however prices quoted may change before you make the final payment. The timing for your final payment is set out in in the relevant Operator Terms and Conditions unless otherwise advised to you by your Sales Representative. We are not liable for any changes made by an Operator to the payment due date and prices for Travel Products are not guaranteed until payment has been made in full and documents have been processed by the Operator. 
    

4. Price and Itineraries
   The Travel Products offered by the Operator are subject to availability and can be withdrawn without notice by the Operator. Travel Products may also change at any time in accordance with the terms and conditions you agree with the Operator.

   The prices for your Travel Products may be subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means the prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. The most up to date pricing is available on our website.

   The price of your Travel Product may change at any time up to your departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if Operator or government action should require us to do so, even after you have paid all or part of the quoted price for your Travel Product.

   Transfers to a third party or an alternative trip are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees may apply.
    

5. Your details
   For us to confirm your travel arrangements, you must provide all requested details with the balance of the Travel Product price. Necessary details vary by trip; they may include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips you may be required to complete and forward a Self-Assessment form which will be provided to you by your sales representative. Some Operators will deny carriage if the customer's name varies from their booking. We are not liable for any loss or damage arising from the incorrect entry of a customer’s name or as a result of the Operator’s policies.

   For more information about how we treat your personal information please refer to our Privacy Policy.
    

6. Refunds and cancellations
   All bookings are made on your behalf subject to the Operator Terms and Conditions imposed by the relevant Operator. We are only able to provide you with the remedy provided by the Operator (if any, which may include a credit to use for future travel supplied by the Operator). If you are eligible for a refund in relation to a Travel Product for which payment has been made to the Operator, we will not provide a refund to you until we receive the funds from the Operator to return to you.

   In the event of a force majeure event making it impossible or unsafe for an Operator to deliver all or part of any Travel Product, we will use our reasonable endeavours to assist you to obtain a refund from the Operator. Depending on the circumstances, losses may amount to a proportion of the booking price. We will use our reasonable endeavours to minimise losses incurred by you.
    

7. Our liability to you
   Because we provide you with the Booking Services and you pay us for acquiring the Booking Services only, we are liable to you in accordance with these terms and conditions for any breaches of our obligations in providing the Booking Services to you.

   Subject to the application of consumer guarantees which may be implied into the supply of the Booking Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with the: 

   use of (or inability to use), including a disruption to the Booking Services; 
   the delivery or non-delivery of the Travel Product; or 
   any act or omission of the Operator or other third parties.

   Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.  

   Nothing in these terms and conditions is intended to exclude or restrict the application of:  
   consumer guarantees under consumer protection laws (including Australian Consumer Law) but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to use of the Booking Services supplied by us outside these laws; or 
   any package travel regulations or other consumer protections that may apply to your booking.

   All information relating to a Travel Product or an Operator is provided by the Operators or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by the Operators. 
    

8. The liability of Operator
   Your legal rights in connection with the provision of the Travel Products are against the Operator and, except to the extent a problem is caused by fault on our part, are not against us.  Specifically, if for any reason (excluding fault on our part) the Operator is unable to provide the Travel Product for which you have contracted, your rights are against the Operator and not against us.  Any loss or risk from any Operator or Travel Product lies solely with you, whether arising from, but not limited to, insolvency, winding up, bankruptcy or similar.
    

9. Indemnity
   You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, liabilities, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:

   your access or use of the Booking Services, this includes your delegate’s access or use of the Booking Services through any means provided to you; and 
   from any claim arising from your travel arrangements including but not limited to any claim in relation to any Operator or Travel Product.
    

10. Acceptance of risk
    You acknowledge that the nature of your Travel Product may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.  

    You also acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus.  It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. You acknowledge that you may be required to follow additional policies or requirements in order to travel during this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks. 
     

11. Passports and visas
    It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
     

12. Travel insurance
    Travel insurance is mandatory and must be taken out at the time of booking. The specific insurance cover required for your Travel Product will be set out in the Operator Terms and Conditions and may vary between Travel Products. You are also strongly advised to take out cancellation insurance at the time of booking. We are not responsible for any failure by you to acquire adequate insurance cover. 
     

13. Privacy policy
    Any personal information that we collect about you will be handled in accordance with our Privacy Policy and may be used for any purpose associated with the Booking Services and the delivery of the Travel Product. In making this booking you consent to this information being passed on to the Operator and any other relevant persons to enable us to provide the Booking Services or, if permitted by any relevant Spam laws, to send you marketing material in relation to our events and special offers. In particular, you agree that in certain circumstances (such as where you request us to book international travel for you), we are permitted to disclose your personal information to overseas recipients.  Such recipients may include the overseas Operators with whom you make a booking.  These Operators will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. 
    You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy. 
     

14. Applicable laws
    The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Agency Booking Conditions must be initiated in the courts of Victoria, Australia.  Nothing in these Booking Conditions, including this clause 14, affects your rights as a consumer to rely on any applicable local laws.
     

15. Assignment and Registered address 
    We can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website). 
    Level 7, 567 Collins St, Melbourne VIC, 3000, Australia.
     

16. Acknowledgement
    You acknowledge that you are 18 years of age or older and that you understand and agree with the above Agency Booking Conditions and our Privacy Policy.

The Terms and Conditions set out below, apply to the trips and themes noted below and apply globally.

Effective June 26th, 2025

IMPORTANT NOTICE: YOU ARE ADVISED TO CAREFULLY READ AND REVIEW THE TERMS AND CONDITIONS SET FORTH BELOW, AS THEY ARE BINDING AND AFFECT YOUR LEGAL RIGHTS. THESE BOOKING TERMS AND CONDITIONS INCORPORATE THE TERMS OF THE EXPEDITION CONTRACT (AS DEFINED IN SECTION 1.7 BELOW). A COPY OF THE EXPEDITION CONTRACT CAN BE FOUND AT https://www.quarkexpeditions.com/expedition-contract. YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 12, 13, 19 AND 21 OF THE EXPEDITION CONTRACT, WHICH CONCERN QUARK’S LIMITATIONS OF LIABILITY TO YOU, YOUR WAIVER OF JURY TRIAL AND CLASS ACTION, THE ACTS AND RESPONSIBILITIES OF INDEPENDENT CONTRACTORS, AND THE TIME PERIODS FOR YOU TO MAKE ANY CLAIMS.

1. INTRODUCTION

1.1 These Terms and Conditions (“T&Cs”) are applicable for bookings made on or after June 26, 2025. For bookings made prior to June 26, 2025, please refer to your booking documentation received at the time that you made your booking. Please read these T&Cs carefully as, by making a booking, you are entering into a legally binding contract with us which is governed in accordance with these T&Cs.

1.2 Your booking is made with either Quark Expeditions, Inc. (“Quark Expeditions”) a Delaware, USA corporation; or if your booking is aboard the vessel known as the “Ultramarine”, your booking shall be made with Vinson Expeditions LLC, a Marshall Islands corporation (“Ultramarine Owner”). Quark Expeditions is the exclusive agent for the Ultramarine Owner for all bookings aboard the Ultramarine and your contract for an Expedition aboard the Ultramarine shall be with the Ultramarine Owner.

1.3 All references to “Quark” in these T&Cs and/or the Expedition Contract (as defined in section 1.7) is a reference to, as applicable, either Quark Expeditions, the Ultramarine Owner and/or both. All Expeditions which are booked directly with Quark shall be governed by these T&Cs and the Expedition Contract. For the avoidance of doubt, any participation in an Expedition, howsoever booked, is subject to the Expedition Contract. A copy of the Expedition Contract may be found at https://www.quarkexpeditions.com/expedition-contract.

1.4 “Expedition” refers to the overall voyage or travel package booked with Quark, as described in your Booking Confirmation (as defined in section 1.8) and related travel documents. This includes all services confirmed as being provided by Quark, from the commencement of the first such service listed on the Booking Confirmation to the conclusion of the final included service, regardless of the actual dates, duration, or itinerary modifications.

1.5 A “Force Majeure Event” refers to any event or circumstance beyond Quark’s reasonable control that prevents, delays, impairs, or hinders the performance of its obligations or the obligations of any partner, contractor, supplier, service provider, or any other third party upon which Quark relies. These acts and circumstance include, but are not limited to, the following, whether foreseeable, unforeseeable, avoidable, or unavoidable: natural events such as floods, fires, earthquakes, storms, and any other acts of God; war, invasion, revolution, insurrection, hostilities (declared or undeclared), riots, civil unrest, terrorist acts and threats, and any other national emergencies; epidemics, pandemics, and any other outbreaks of communicable disease posing an actual or probable threat to human health, as determined by any governmental, supranational, or public health authority (including the U.S. federal government, the World Health Organization (WHO), and the U.S. Centers for Disease Control and Prevention (CDC)), governmental advisories, warnings, quarantines, restrictions, travel bans, shutdowns, and any other similar actions; mechanical failures and any other technical malfunction of any vessel, aircraft, transport, and accommodation; mismanagement of any vessel and navigational faults or errors; seizure and/or unavailability of any vessel due to legal process; failure of the vessel owner or charterer to deliver any vessel to Quark for any reason; perils of the sea, harbors, and any other navigable waters; strikes, lockouts, and any other labor disputes and industrial actions; power outages, telecommunication failures, and any other infrastructure breakdowns; cyberattacks, ransomware events, data breaches, and any other malicious digital acts; delays, unavailability, restraints, and disruptions of any services, information, or resources for any reason; the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by Quark or the vessel owner (including, in the case of the Ultramarine, the Ultramarine Owner) to fulfil Quark and/or the Ultramarine Owner’s obligations under this Expedition Contract, and any other events and circumstances of a similar nature or effect to those listed above, whether foreseeable, unforeseeable, avoidable, or unavoidable.

1.6 “Component of the Expedition” refers to any individual element, feature, activity, amenity, accommodation, transport segment, or service that forms part of the overall Expedition itinerary, including, but not limited to, wildlife viewing, specific shore landings, and onboard activities.

1.7 References in these T&Cs to “you”, “your” or “passenger” refers to you, as the participant in the Expedition. By placing a booking for the Expedition, you are agreeing to these T&Cs and Quark’s Expedition Contract which may be found on Quark’s website at: https://www.quarkexpeditions.com/expedition-contract (the “Expedition Contract”). The Expedition Contract is incorporated into and forms a part of these T&Cs. If you are making a booking on behalf of anybody else, then it is your responsibility to ensure that all other travelers named on your booking are aware of and agree to be bound by these T&Cs and the Expedition Contract.

1.8 References in these T&Cs to “Day 1 of the Expedition” means the date of the first activity, accommodation, travel, or whatever other arrangement which is listed as being provided as part of your Expedition on the booking confirmation issued to you by Quark once your booking is confirmed (“Booking Confirmation”).

2. TRAVEL AGENTS

2.1 Section 2 of these T&Cs is only applicable when your booking is made with a travel agent or any other person or company that places a booking or pays for the Expedition on your behalf.

2.2 If your booking is made through a travel agent, or any other person or company that places a booking or pays for the Expedition on your behalf, that person shall be referred to as your “Agent” in these T&Cs. In such circumstances, and subject to the provisions of section

2.3 all obligations which are imposed on “you” in these T&Cs may be fulfilled by either you or your Agent, save for those stated in section 1.7 above which must be fulfilled by you. 2.3 Where your booking is made with an Agent, you shall remain responsible for all of your obligations under these T&Cs (which for the avoidance of doubt shall also include the Expedition Contract) and it is your Agent’s responsibility to bring these T&Cs and the Expedition Contract to your attention.

2.4 Your Agent is considered to be your agent and not the agent of Quark. Quark is not liable for any act, omission, or representation of your Agent. Any amounts paid in respect of the Expedition are not considered paid until Quark receives full payment from you or your Agent.

You shall at all times remain liable to Quark for the price of the Expedition. You further acknowledge that Quark is not responsible for the financial condition or integrity of your Agent.

3. BOOKING AND PAYMENT

3.1 Quark has the right to limit, withdraw or change any, and all, discounts and promotions without notice and/or compensation at any time and/or otherwise adjust the price for any Expedition at any time before your Booking Confirmation is issued.

3.2 Your booking shall be confirmed once Quark has received the deposit payment or, subject to when your booking is made, the entire payment for the Expedition. Once the deposit payment is received by Quark it will issue you with a Booking Confirmation. The deposit amount which you shall be required to pay to confirm your booking shall be as follows: a. for bookings which are made 151 days (or more) prior to Day 1 of the Expedition, you shall be required to pay a deposit payment of 25% of the total amount of your booking; and b. for bookings which are made 150 days (or less) prior to Day 1 of the Expedition, you shall be required to make the payment of 100% of the total amount of your booking.

3.3 Irrespective of when your booking is confirmed, the total amount of your booking must be received by Quark no later than 150 days prior to Day 1 of the Expedition.

3.4 If Quark arranges any pre- or post- Expedition options for you then these may not be refundable after the booking is made. In addition to the applicable deposit payable under section 3.2 above, a non-refundable deposit of a minimum of US$350, AU$455, £228, €308, CA$450 is required at the time of booking if you are booking any pre- or post- Expedition options.

3.5 Quark reserves the right to cancel any booking, or to deny participation in the Expedition, where any payments are not received in accordance with the time periods specified in section 3.2 and/or section 3.3 above.

3.6 Payment must be made in US Dollars (US$), Australian Dollars (AU$), Euros (€), Pounds Sterling (£) and/or Canadian Dollars (CAD$).

3.7 For customers who choose to pay via Automated Clearing House (“ACH”) then such service is made available by Quark’s bank, Bank of America. In making such payment the person paying must agree to the Bank of America ACH terms and conditions (as updated from time-to-time) and authorizes us to accept and process payments via ACH.

3.8 Quark is not responsible for any charges levied by third parties which are payable by you as a result of credit card or other payment transactions. If you make payment by credit card then to cover the cost of processing a credit or charge card transaction, and pursuant to applicable state regulations in the USA (including, with respect to Colorado, section 5-2-212, Colorado Revised Statutes), Quark imposes a surcharge of 2.8% for all credit card payments. This surcharge is not greater than our acceptance costs for credit card transactions. It does not apply to payments which are made via debit card, ACH, wire transfer, check or credit card payments with a billing address outside of the USA or in the States of Connecticut, Massachusetts, or Puerto Rico. Any surcharge is to cover the cost of the booking service provided and the surcharge fee does not constitute part of the price of the Expedition.

4. AMENDMENTS

4.1 If you want to make any changes to your booking, then Quark shall use reasonable efforts to accommodate such change request. However, it may not always be possible to amend your booking as the Expedition includes some Components of the Expedition which are not controlled by Quark (such as, for example, flights and hotel stays). Any request to amend your booking must be made in writing to Quark no less than 120 days prior to Day 1 of the Expedition. To the extent that any amendment is possible, you shall be (a) responsible for any and all additional costs or charges which become due and payable as a result of such amendment to your booking and (b) required to pay to Quark an administration fee of US$500, AU$650, £320, €440, or CAD$640.

4.2 Should you be unable to take the Expedition you originally booked, but would like to travel on an alternative date, it may be possible to transfer deposits or payments from the original booking to an alternative booking, subject to the following conditions: (i) the new Expedition must occur within the same season (i.e. the same Arctic or Antarctic season as set out on Quark’s website) of the original Expedition date, and (ii) a request to transfer must be made in writing to Quark more than 180 days prior to Day 1 of the Expedition. Quark reserves the right in its sole discretion to prohibit the amendment of dates on any of its Expeditions pursuant to this section. To the extent that any transfer request is granted, you shall be (a) responsible for any and all additional costs which become due and payable as a result of such transfer and (b) required to pay to Quark an administration fee of US$ 1000, AU$1300, £650, CA$1280 per person will be charged.

4.3 In the event that the amended booking is less than the value of your original booking then you shall not be entitled to any refund. In the event that the amended booking is of a greater value than your original booking then you will be responsible for that additional amount as setout in the new booking confirmation (“New Booking Confirmation”) as well as the sums stated in sections 4.1 and 4.2. If you fail to pay such additional amount at the time the New Booking Confirmation is issued or by 150 days before Day 1 of the Expedition, if the request is more than 150 days prior to departure, then Quark reserves the right to cancel your booking and the cancellation charges in section 5.2 shall apply.

5. CANCELLATIONS

Cancellations by you

5.1 All cancellations must be made in writing to Quark by you and/or your Agent and sent by email to guest@quarkexpeditions.com. The cancellation shall be effective from the date that Quark receives notice of your cancellation. You hereby agree that losses sustained by Quark in the event of your cancellation would be very difficult or impossible to quantify and that the fees set forth in the below cancellation schedule in section 5.2 represent a fair and reasonable assessment as liquidated damages, since a cancellation means a diminished opportunity to sell the same space on the booked Expedition.

5.2 In the event that you cancel your booking for the Expedition (or are deemed to have cancelled your booking in accordance with the terms of these T&Cs), then the following cancellation charges shall be applicable (in addition to, as applicable, any amounts paid by you under section 3.4):

Cancellations, interruptions, postponements and deviations by Quark

5.3 Except where set out in section 6 of these T&Cs, and/or in the Expedition Contract, in no event shall Quark be liable to you and shall not be obligated to provide any refunds or other compensation payments as a result of any cancellations, postponements, deviations or other amendments to your booking, whether before the Expedition commences or during the Expedition, as a result of any Force Majeure Event.

5.4 Quark reserves the right, in its sole discretion, to cancel any Component of the Expedition prior to Day 1 of the Expedition for any reason. In such circumstances, unless the cancellation or other non-fulfilment of the Component of the Expedition is due to a Force Majeure Event (in which case the provisions of section 9 of the Expedition Contract shall apply), then Quark shall determine, in its discretion, whether to provide you with (i) an alternative component; OR (ii) an appropriate refund (such amount to be determined by Quark in its sole discretion) to reflect the value of the cancelled and/or unavailable Component of the Expedition without any further obligation or liability on the part of Quark. Where an alternative component is provided by Quark then this shall be construed as a “Component of the Expedition” for the purposes of these T&Cs.

5.5 Quark will not be liable or responsible to you for any failure or delay in fulfilling or performing any of its obligations under these T&Cs or the Expedition Contract, or all or part of the Expedition, when and to the extent such failure or delay is caused by a Force Majeure Event.

5.6 In the event that a Force Majeure Event occurs, Quark may, in its sole discretion, choose to cancel or curtail the Expedition, or allow you to remain aboard the vessel while it remains in port. In the event of such cancellation or termination due to a Force Majeure Event, Quark shall not be liable to pay any refund, compensation, interest or damages to you and you will be liable to pay for the services and products utilized by you until the date of such termination. For more information about your rights and Quark’s obligations in respect of any Force Majeure Event, refer to section 9 of the Expedition Contract.

Trip Cancellation Coverage

5.7 We strongly recommend you carry trip cancellation insurance or equivalent coverage. In the event that you must cancel your participation in the Expedition, or that Quark cancels or curtails the Expedition due to a Force Majeure Event, trip cancellation insurance may be the only source of reimbursement. It is your responsibility to check the terms of any policy and Quark makes no representations that the policy recommended in Section 5.8 (or any other policy) covers all such circumstances. Further information and requirements regarding insurance are detailed in section 15 of the Expedition Contract.

Travel Protection

5.8 For your convenience, Quark offers a Travel Protection Plan administered by Trip Mate, a Generali Global Assistance & Insurance Services brand. This may help protect your travel investment, your belongings and most importantly, you, from many unforeseen circumstances that may arise before or during your trip, including sickness or injuries that may arise. Individuals looking to obtain additional information regarding the features of the Travel Protection Plan, please visit Travel Protection Plans – Quark Expeditions. Insurance benefits in the Plan are subject to limitations and exclusions, including an exclusion for pre-existing conditions. Plan benefits, limits and provisions vary by state/jurisdiction and not all coverage is available in all states. To review full plan details online and Important Disclosures, please visit Travel Insurance Policy, Certificate, and Description of Coverage Download.

6. ANTARCTIC EXPRESS

6.1 If Quark is required to interrupt an “Antarctic Express” Expedition in accordance with the provisions of Section 10.2.4 of the Expedition Contract where the Expedition is delayed, cancelled, or otherwise curtailed due to adverse weather conditions, then, subject to the applicable provisions of section 10 of the Expedition Contract, the maximum liability of Quark shall be refunding any sums paid by you for the Expedition. All airfares and/or any other additional services which are purchased by you shall not be refunded by Quark.

6.2 If the charter flight is unable to fly on the final attempt day (as per section 10.2.4 of the Expedition Contract) then Quark, in its sole discretion, may officially interrupt the Expedition and offer to rebook you on an alternative future Expedition. If an alternative future Expedition is not suitable, then Quark will issue a full refund for the full cruise fare and any unused Adventure Options without any further obligation or liability on the part of Quark. In order to assist passengers to obtain reimbursement for their airfare and potentially other costs to change flights, Quark may provide trip interruption letters for submission to your travel insurance providers. Quark will provide one final additional night hotel accommodation on the day of cancellation of the Expedition and all additional hotel nights and meals shall be your responsibility. Any, and all other, additional costs such as (without limitation) changing your flights shall not be the responsibility of Quark.

7. MARKETING MATERIALS

7.1 Quark reserves the right to amend any of its marketing materials, including (without limitation) any travel brochures or other materials used on its website, including pricing and any Expedition itineraries. Nothing in any of Quark’s materials is meant to signify the use of any specific design or model of helicopter (if applicable to the Expedition) and any images are inspirational in character and do not necessarily depict the exact people, animals and/or places that you may encounter during the Expedition.

7.2 Further, Quark shall not be liable or responsible for any typographical errors and/or omissions in any of its marketing materials or any other documentation and reserves the right to make any amendments to rectify any errors and/or omissions.

8. LIMITATION OF LIABILITY

THE LIMITATION OF LIABILITY OF QUARK IN RESPECT OF THE PERFORMANCE OF, AND YOUR PARTICIPATION IN, THE EXPEDITION IS AS SET OUT IN SECTION 13 OF THE EXPEDITION CONTRACT.

9. MISCELLANEOUS

9.1 Definitions. Any definitions which are denoted in these T&Cs with a capitalized letter without any prescribed definition, shall have the definition set out in the Expedition Contract.

9.2 Governing law, jurisdiction and waiver. These T&Cs and any disputes, actions and/or legal proceedings shall be governed in accordance with section 21 of the Expedition Contract.

9.3 Severability. If any provision of these T&Cs shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

9.4 Consumer Protection Plan. Quark Expeditions is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, Quark is required to post $1 million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Quark Expeditions’ customers in the unlikely event of Quark Expeditions’ bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Ave., Suite 1801, New York, New York 10001, or by e-mail to information@ustoa.com or by visiting its website at www.USTOA.com.

9.5 Entire Agreement. These T&Cs along with the Expedition Contract shall represent the entire agreement between the parties on the subject matter hereof and any and all prior agreements, discussions, representations, whether oral or in writing, are hereby superseded by the terms herein.

9.6 Conflicts. In the event of a direct conflict between a provision of these T&Cs and the PBOR (as defined in section 23.1 of the Expedition Contract) then the T&Cs shall prevail.

Effective June 26th, 2025

IMPORTANT NOTICE: YOU ARE ADVISED TO CAREFULLY READ AND REVIEW THE TERMS AND CONDITIONS SET FORTH BELOW, AS THEY ARE BINDING AND AFFECT YOUR LEGAL RIGHTS.

YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 12, 13, 19 AND 21, WHICH CONCERN QUARK’S LIMITATIONS OF LIABILITY TO YOU, YOUR WAIVER OF JURY TRIAL AND CLASS ACTION, THE ACTS AND RESPONSIBILITIES OF INDEPENDENT CONTRACTORS, AND THE TIME PERIODS FOR YOU TO MAKE ANY CLAIMS.

1. INTRODUCTION

1.1 The terms and conditions set forth herein (the “Expedition Contract”) are applicable for all passengers who are travelling on any Expedition provided by Quark Expeditions, Inc. (“Quark Expeditions”) a Delaware, USA corporation; or if your booking is aboard the vessel known as the “Ultramarine”, your booking shall be made with Vinson Expeditions LLC, a Marshall Islands corporation (“Ultramarine Owner”). Quark Expeditions is the exclusive agent for the Ultramarine Owner for all bookings aboard the Ultramarine and, your contract for Expeditions aboard the Ultramarine shall be with the Ultramarine Owner. All references to “Quark” in this Expedition Contract is a reference to, as applicable, either Quark Expeditions, the Ultramarine Owner and/or both.

1.2 “Expedition” refers to the services confirmed as being provided by Quark to you, from the commencement of the first such service to the conclusion of the final included service provided by Quark, regardless of the actual dates, duration, or itinerary modifications.

1.3 “Component of the Expedition” refers to any individual element, feature, activity, amenity, accommodation, transport segment, or service that forms part of the Expedition itinerary, including, but not limited to, wildlife viewing, specific shore landings, and aboard activities.

1.4 References to “you”, “your” or “passenger” refers to you, as the participant in the Expedition. By partaking in the Expedition, you are agreeing to do so on the terms and conditions set forth in this Expedition Contract.

1.5 The terms and conditions set forth in this Expedition Contract shall apply to all passengers who partake in any Expedition, irrespective of whether your booking was made directly with Quark or with any third party. By participating in the Expedition, you agree to be bound by the terms of the Expedition Contract and acknowledge that compliance with the Expedition Contract is a condition of your participation in the Expedition. It is important that you comply with this Expedition Contract and any failure to do so may result in the termination of your Expedition and no refund for any sums paid will be provided, nor shall Quark have any liability to you arising from your failure to comply with this Expedition Contract. You must read this Expedition Contract carefully and contact Quark or your travel agent as soon as possible before the start date of the Expedition if you have queries in respect of the terms and conditions set out in this Expedition Contract.

1.6 In order for you to participate in the Expedition, you must indicate your acceptance of the Expedition Contract by checking the appropriate box when making an online reservation or, for reservations made by telephone or through an agent or third party, by signing and returning the Expedition Contract. Regardless, your participation in an Expedition constitutes your acceptance of the Expedition Contract. Quark reserves the right to amend this Expedition Contract at any time with or without notice. You are advised to check on the Quark website located at www.quarkexpeditions.com or to request the latest version of the Expedition Contract from Quark prior to booking the Expedition.

1.7 Quark reserves the right to assign its rights and obligations without your prior consent under the Expedition Contract to another company within the Travelopia group of companies (of which both Quark Expeditions and the Ultramarine Owner are members of). This shall have no effect on your booking.

2. THIRD PARTY SUPPLIER TRAVEL CONDITIONS

Depending on the type of Expedition that you have booked, you may be asked to accept, or read and comply with, a separate set of conditions for any carrier, accommodation or other transport provider (“Third Party Supplier“) which shall govern the relationship, responsibilities and liabilities as between you and the Third Party Supplier. In such circumstances, you must raise any dispute with respect to those services which are provided by the applicable Third Party Supplier directly with that Third Party Supplier and any dispute will be governed by and subject to the terms of the Third Party Supplier’s conditions. Any Third Party Supplier conditions shall be additional and supplementary to this Expedition Contract.

3. MEDICAL TREATMENT, FORMS, AND BEHAVIOUR

3.1 Medical forms shall be sent to you via email link. These medical forms must be completed and submitted by you no later than 90 days before the start of the Expedition. If your booking is made within 90 days of the start date of the Expedition then you must submit these immediately. Medical forms must be filled out in full, honestly and accurately, disclosing your full medical history, and you must update the medical forms immediately should your medical situation change after submitting the medical forms. You acknowledge that you are the best judge of your own conditions and limitations. It is your responsibility and obligation to inform Quark, at the time your booking is made (or any time thereafter), of any medical or physical disability or limitation that might render you unable to perform or safely complete the Expedition or any activity on the Expedition. Quark will review the information submitted and reserves the right to ask for further information, clarity on information, or for you to provide any requested documentation from your medical practitioner if necessary. Quark is unable to offer any medical advice.

3.2 Quark reserves the right at any time and in its sole discretion for reasonable medical, behavior or other grounds, to deny your participation in the Expedition, disembark you at any port or place, or confine you to a cabin/room at any time where your presence, in the sole opinion of Quark, may be detrimental to the comfort, safety, and enjoyment of yourself, other passengers, the vessel, its officers, or crew, there is a risk that you might be excluded from

landing at any port or place by immigration or other governmental authorities, or you may be suffering from any contagious or infectious disease or other condition with justifies confinement.

3.3 Before the start date of the Expedition you must have an adequate supply of all medicines and medical supplies that you may need, as they may not be available onboard the vessel. This supply should be sufficient to cover the entire Expedition and any possible delays beyond the Expedition itinerary.

3.4 All medicines and medical services furnished by the vessel’s physician or medical personnel, whether onboard the vessel or ashore, if any, or any other physician or medical personnel or the vessel’s officers, employees or agents of Quark shall be and are accepted by you at your sole risk and expense, and Quark shall not be responsible for the quality, nature or consequence thereof as Quark does not exercise control or supervision of medical personnel.

4. SPECIAL REQUESTS

Quark shall use all reasonable efforts to accommodate any special requests, but will not guarantee any requests such as (without limitation) cabin/room numbers, bedding type, dietary requirements and special meals. It is your responsibility to convey all special requests to Quark and/or your booking agent at the time that you make your booking.

5. TRAVEL DOCUMENTS AND BAGGAGE

5.1 You are solely responsible for ensuring that you are in possession of all required documentation for your booking and the Expedition, including but not limited to a valid and proper passport and any visas, permits, inoculations and certificates that are required for the entire Expedition and be able to satisfy all requirements of all immigration, port or health authorities of all and any ports or other entrances during the Expedition. If immigration or other government authorities refuse you permission to land, or give orders for deportation, you shall be responsible for all costs incurred personally and/or by Quark.

5.2 You are permitted to bring aboard total baggage not exceeding 250 pounds (115 kg) in weight and not exceeding 25 cubic feet in volume. Each individual piece of baggage must be under 50 pounds (23 kg) in weight. It is your responsibility to confirm baggage restrictions related to your international travel which is not included as part of the Expedition. Any Expedition that includes a charter flight to the embarkation point may be subject to further baggage restrictions. This shall be notified to you at the time of booking.

5.3 You are not allowed to bring on the Expedition, any firearms, flammable, inflammable or hazardous items, controlled or prohibited substances or drugs, contraband or any articles, the importation or exportation of which may be forbidden, or which do not conform to the customs or police regulations or the laws of any country to which the vessel may go in the course of the Expedition. A passenger who violates this section 5.3 will be held liable for all resulting fines, losses, damages or delays. You are not allowed to place in baggage any firearms or any flammable or inflammable matter of any kind, such as (but not limited to) matches, gunpowder, fireworks, cigarette lighters, cartridges, films, etc. Quark may dispose of or destroy such items without liability. You will be liable for the full amount of all loss, damage or delay to the vessel or her cargo and for all injury to, or death of any fellow passengers, staff, officers or crew or other persons caused by such hazardous articles brought on board by you.

5.4 Passengers using, if carried on board, any athletic or recreational equipment, facilities or supplies, does so at the passenger’s own risk and expense, without any responsibility of Quark.

5.5 YOU ARE RESPONSIBLE FOR INSURING YOUR BAGGAGE AND ALL OTHER PROPERTY TAKEN BY YOU. YOU AND QUARK STIPULATE AND AGREE THAT THE AGGREGATE VALUE OF ALL OF YOUR BAGGAGE AND PROPERTY TAKEN ON THE EXPEDITION WHICH INCLUDES BUT IS NOT LIMITED TO JEWELRY, WATCHES, CELL PHONES, CLOTHING, AND CASH DOES NOT EXCEED US$250 DOLLARS AND QUARK’S LIABILITY, IF ANY, IN THE EVENT OF LOSS, DAMAGE OR DELAY TO ANY OF YOUR BAGGAGE OR OTHER PROPERTY SHALL NOT EXCEED US$250 (TWO HUNDRED AND FIFTY DOLLARS). PASSENGERS MAY OBTAIN INSURANCE PROTECTION AGAINST THEFT AND OTHER LOSSES BY MAKING THEIR OWN ARRANGEMENTS FOR SUCH INSURANCE WHICH MAY BE OFFERED BY THIRD PARTIES.

6. ON-BOARD THE VESSEL AND PASSENGER INDEMNITY

6.1 Unless you are advised otherwise at the time of booking, the Expedition shall be an English speaking expedition and it is a condition of your booking that you have a strong command of the English language in order to safely participate in the Expedition. If you have any concerns about your ability to participate in the Expedition then it is your responsibility to contact Quark in sufficient time before the commencement of the Expedition. If Quark determines your English language skills are not sufficient then, without prejudice to any other right or remedy Quark may have, Quark may, without any liability refuse your participation in certain Components of the Expedition including, but not limited to, certain Adventure Options.

6.2 You must behave in a manner that does not cause a nuisance to other passengers and that will not cause any safety or practical problems for the vessel, its crew, Quark’s staff or anybody else either participating in or working during the Expedition.

6.3 You are required to follow and obey the orders of the Captain of the vessel, Quark’s Expedition Leader and/or all Expedition staff at all times. Further you agree and consent to any reasonable searches being made of your person, baggage or any other property, whether in your accommodation or otherwise, in the interests of international security and safety at sea. These searches may take place at any time during the Expedition. Quark reserves the right to remove and/or confiscate and/or destroy any object that may, in the opinion of Quark, the Captain, or any of its contractors, put the safety of the vessel and/or any other passengers in danger or may otherwise be illegal.

6.4 You must not bring any pets or animals onboard the vessel or on any other part of the Expedition.

6.5 The Expedition may include activities or excursions which begin, or take place from, the vessel, such as (without limitation) helicopter outings, zodiac outings, hiking and kayaking. No specific activity or excursion can be guaranteed to take place on any Expedition, and there is the possibility that off-ship activities will not take place and Quark shall have no liability in such circumstances. You are responsible for following all directions of Quark and its employees and contractors as regards to, without limitation, boarding, disembarking and behavior on-board all zodiacs, including in respect to any instructions regarding maximum passenger numbers on any zodiacs.

6.6 Unless expressly stated, there will be a charge for all tobacco products, along with all alcoholic or special beverages, miscellaneous extras, personal needs, medical supplies or facilities and any other item which is not expressly included within your Expedition itinerary. The purchase of any of these items shall be at your sole expense.

6.7 You shall be responsible to Quark for, and shall indemnify Quark against, any and all damage to the vessel, breakage of any fixtures on the vessel and the rigid inflatable boats or zodiacs, and any other losses or expenses which Quark may incur (including, any penalties, fines, costs, charges, damages, attorney’s fees, losses or expenses incurred or imposed upon Quark) arising out of your presence onboard the vessel or any conduct or activity undertaken by, or any omission or violation of law by you or by any minor passenger for who you are responsible.

7. CHILDREN

7.1 Quark welcomes minors (which, for purposes of the Expedition Contract, are passengers under the age of 18) above the age of 8 years old at the time of travel on all Expeditions provided that they are accompanied by a parent at all times. For the purpose of this Expedition Contract, a reference to a “parent” shall include any other guardian or person over the age of 21 years of age who is responsible for looking after the minor and their compliance with the Expedition Contract. A waiver signed by a parent of such minor prior to the start date of the Expedition will be required.

7.2 During the Expedition you shall take complete responsibility, and remain at all times responsible, for the behavior of any minors that you are travelling with, and ensuring their compliance at all times with the Expedition Contract.

7.3 Any minor must be accompanied in the same or connecting suite by their parent. In addition, if the adult accompanying this child is not the child’s parent, a “Parental Consent Guardianship Form” must be signed by the parent or legal guardian and received by Quark prior to the start of the Expedition. This will be sent to any passengers who are travelling with minors. Minors are not permitted in any area that may be designated as inaccessible to certain ages by Quark. No childcare services will be provided on board the vessel.

8. ADVENTURE OPTIONS

8.1 Some activities which are included within the Expedition, including but not limited to kayaking, paddle excursion, stand up paddle boarding, camping, skiing, mountain trekking (together, the “Adventure Options”) are planned for and sold in advance and are dependent on a complex set of variables. The decision whether to carry out any Adventure Options is at the sole discretion of Quark, the Captain and/or the Expedition Leader. Adventure Options may also not be carried out if prevented from doing so due to a Force Majeure Event. Quark will not give any refunds for any Adventure Options that were successfully carried out but in which you choose not to participate in for any reason whatsoever or which do not go ahead as a result of a Force Majeure Event and/or the decision taken by the Captain and/or any Expedition Leader.

8.2 Participation in any Adventure Options on an Expedition may be restricted depending on the age of the passenger. The minimum age requirements to participate in Adventure Options for minors shall be set out in the waiver that you will be required to sign (as set out in section 8.1) in respect of any minors travelling with you during the Expedition. Such information is also available from Quark Expeditions upon request. Irrespective of such age requirements, any passengers under the age of 18 must be accompanied by an adult over the age of 21 at all times during any participation in any Adventure Options. Parents must be with children under the age of 18 at all times during the Expedition and this means that parents’ participation in Adventure Options may be limited.

8.3 Quark reserves the right to deny participation in the Adventure Options to anyone who does not follow the rules set out by Expedition staff, the Captain or is deemed by Quark, in its sole discretion, to not be medically/physically able to participate safely in all, or any part, of the Adventure Options. For the avoidance of doubt, where providers of any such Adventure Options are independent contractors then neither Quark, its affiliates, owners, officers, agents, employees, contractors, nor any associate organization shall be held liable for any act, default, injury (including emotional injury, injury to person or property, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any such provider. Adventure Options are not transferable at any time.

8.4 For Expeditions that do or may include helicopter flights then Quark does not make refunds for helicopter time not used or for cancelled helicopter flights, regardless of the reason. Where the helicopter flights do operate, Quark cannot guarantee the specific number, make and model of the helicopters used for your flight excursions. Quark can never guarantee that there will be helicopters onboard the vessel at all times or at all.

9. FORCE MAJEURE, DELAYS AND CHANGES

9.1 For the purpose of the Expedition Contract, a “Force Majeure Event” refers to any event or circumstance beyond Quark’s reasonable control that prevents, delays, impairs, or hinders the performance of its obligations or the obligations of any partner, contractor, supplier, service provider, or any other third party upon which Quark relies. These acts and circumstance include, but are not limited to, the following, whether foreseeable, unforeseeable, avoidable, or unavoidable: natural events such as floods, fires, earthquakes, storms, and any other acts of God; war, invasion, revolution, insurrection, hostilities (declared or undeclared), riots, civil unrest, terrorist acts and threats, and any other national emergencies; epidemics, pandemics, and any other outbreaks of communicable disease posing an actual or probable threat to human health, as determined by any governmental, supranational, or public health authority (including the U.S. federal government, the World Health Organization (WHO), and the U.S. Centers for Disease Control and Prevention (CDC)), governmental advisories, warnings, quarantines, restrictions, travel bans, shutdowns, and any other similar actions; mechanical failures and any other technical malfunction of any vessel, aircraft, transport, and accommodation; mismanagement of any vessel and navigational faults or errors; seizure and/or unavailability of any vessel due to legal process; failure of the vessel owner or charterer to deliver any vessel to Quark for any reason; perils of the sea, harbors, and any other navigable waters; strikes, lockouts, and any other labor disputes and industrial actions; power outages, telecommunication failures, and any other infrastructure breakdowns; cyberattacks, ransomware events, data breaches, and any other malicious digital acts; delays, unavailability, restraints, and disruptions of any services, information, or resources for any reason; the

unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by Quark or the vessel owner (including, in the case of the Ultramarine, the Ultramarine Owner) to fulfil Quark and/or the Ultramarine Owner’s obligations under this Expedition Contract, and any other events and circumstances of a similar nature or effect to those listed above, whether foreseeable, unforeseeable, avoidable, or unavoidable.

9.2 Quark reserves the right to, and may, substitute the vessel which is to be used for the Expedition for another vessel, whether owned or operated by Quark or not, at any point prior to or during the Expedition. Such substitution shall not give rise to any right of cancellation, refund, or other claim by you or any passenger of the Expedition.

9.3 Occasionally, Quark has to make changes both before and after bookings have been confirmed. Quark reserves the right to change (including cancelling) any Component of the Expedition prior to the start date of the Expedition; including but not limited to change in vessel, transfer packages (ground or air), group hotel nights and the Expedition and itinerary itself. Such changes can be made by Quark without notice and for any reason whatsoever, without allowance or refund. In addition, Quark reserves the right to cancel any services prior to the start date of the Expedition, in which case a pro-rata payment may be refunded without further obligation on Quark’s part.

9.4 If the Expedition is interrupted, cancelled, the itinerary changed or if the vessel is unduly delayed or prevented from proceeding in the ordinary course by any Force Majeure Event, Quark shall have the right, in its sole discretion, to terminate the Expedition and to land you and your baggage at any port or place at which the vessel may call at or may then be. In such event, this Expedition shall be considered to have been fully performed as if the Expedition were completed and the responsibility of Quark shall cease without any liability on the part of Quark to refund any part of the price paid by you for the Expedition (and any extras) or liability for any other costs or expenses.

9.5 You acknowledge that the Expedition is to a remote part of the world and you agree that Quark, and the Captain, has the right to change the itinerary without liability for any reason and have the right to substitute services, proceed without pilots; tow and assist vessels in all situations; deviate from the usual advertised or scheduled route; put back to or into or to call or stop, or omit to call or stop, at any port or place, on land or at sea, in or out of the route of the usual, advertised or scheduled Expedition, even though doing so may involve going backwards or away from the port of destination; adjust compasses; dry dock, go on ways and/or be towed; comply with all orders given by governmental or ruling authorities and the underwriters of the vessel. Examples may include, but are not limited to returning to port early and/or delaying departure from port to avoid adverse weather, or altering the itinerary for a medical emergency on board to bring a passenger to the nearest disembarkation that will allow the quickest evacuation to a suitable medical facility.

10. ANTARCTIC EXPRESS

10.1 Quark’s “Antarctic Express” Expeditions include either a one way or a return charter flight across the Drake Passage. Weather conditions may cause a delay to the itinerary of the Expedition and/or could ultimately involve the Expedition being cancelled or interrupted.

10.2 Due to the adverse weather conditions which may impact on the “Antarctic Express” Expeditions, in order to try and limit the impact on the Expedition, Quark has a contingency plan in place in accordance with the below. Quark reserves the right to make exceptions to the timings in this section 10 in its sole discretion:

For Expeditions which include a flight from Punta Arenas

10.2.1 The first day of the Expedition – The flight to King George’s Island is not scheduled to depart until day 2 of the itinerary. This shall be brought forward to the first day of the Expedition if Quark is advised of any potential delays or impact to the Expedition that may arise due to adverse weather. For this reason, you are required to arrive in Punta Arenas no later than 3:00 pm on the first day of the Expedition. No refund will be provided for the Expedition in the event that you miss the flight which departs from Punta Arenas where it is brought forward and you are not in Punta Arenas on or before 3.00 pm on the first day of the Expedition of the itinerary.

10.2.2 Day 2 until final attempt – For each day after day 2 of the Expedition itinerary until the applicable time set out in either section 10.2.3(a) or 10.2.3(b), if the flight does not take off as expected, then all passengers will be briefed daily by the ground staff on what shall happen. Once a window opens with acceptable weather conditions the flight could depart with very little notice. You will therefore be required to be on stand-by until notified by Quark’s staff. During this period, you shall be required to be at the airport or other location notified by Quark. If the weather does not permit travel on any given day then you will be returned back to your hotel.

10.2.3 Final attempt day:

a) for “Antarctic Express: Fly the Drake” Expeditions – Quark shall attempt the scheduled flight to King George’s Island up to and including the fourth (4th) day of the scheduled itinerary of the Expedition and should the flight not depart as scheduled, the provisions of section 10.2.4 below shall apply;

b) for “Antarctic Express: Crossing the Circle” Expeditions – Quark shall attempt the scheduled flight to King George’s Island up to and including the sixth (6th) day of the scheduled itinerary of the Expedition and should the flight not depart as scheduled, the provisions of section 10.2.4 below shall apply.

10.2.4 Last itinerary day for flight attempts – Should the charter flight be unable to fly on the final attempt day set out in section 10.2.3 above, then Quark will officially interrupt the Expedition and shall cancel the Expedition as necessary. In such circumstances, the cancellation shall be deemed to be a Force Majeure Event and the provisions of section 9 of the Expedition Contract shall apply. In order to assist you to obtain reimbursement for your airfare and potentially other costs to change flights, Quark may provide trip interruption letters for submission to your travel insurance providers. Quark will provide one final additional night hotel accommodation on the day of cancellation of the Expedition and all additional hotel nights and meals shall be your responsibility. Any, and all other, additional costs such as (without limitation) changing your flights shall not be the responsibility of Quark.

For all Expeditions with a flight from, or to, Punta Arenas

10.3 Passengers onboard the vessel during any delays under this section 10 will remain on board at no additional cost until the time in which the charter flight is able to arrange transport. Full board and all planned excursions are included. Quark advises all passengers to book changeable airline tickets along with strongly recommending that you have cancellation and interruption insurance to assist with additional airline change fees. Quark advises all passengers to have flexible travel arrangements upon disembarkation of the Expedition if delays arise. Quark will not be held responsible for any change/cancellation fees due to weather related delays or any other situations arising from Force Majeure Events. No refund will be issued for any reason whatsoever. At the sole discretion of Quark, the Captain and/or the Expedition Leader, the vessel may be sailed to a port of call for any reason whatsoever including, but not limited to, any Force Majeure Event.

11. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

11.1 You understand and acknowledge that there are certain unavoidable risks which are associated with your participation in the Expedition. This includes, but is not limited to, potential exposure to personal injury (including emotional injury), injury to property or even death.

11.2 All activities which you undertake during the Expedition are done so at your own risk and you voluntarily and willingly assume full responsibility for any injury, loss or damage which is suffered (howsoever suffered) as a result of your participation in any of the activities during the Expedition. For the avoidance of doubt, this is in respect of all activities you participate in during the Expedition.

11.3 In recognition of the inherent risk of participating in the Expedition, you confirm that you are physically and mentally capable of participating in the Expedition, that you are willingly and knowingly electing to participate in the Expedition in spite of the potential risks and danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage sustained by you or caused by you and you agree to hold Quark harmless for any injuries, losses and/or damages sustained as a result of your participation in the Expedition.

11.4 Due to the remoteness of the destinations which are included in the Expedition, emergency evacuation and/or search and rescue may be delayed or unavailable and medical facilities and supplies may be limited and you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s) before participating in the Expedition.

12. INDEPENDENT CONTRACTORS

12.1 Quark purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its supervision, direction or control. These suppliers are independent contractors and any of their acts are not acts of Quark. Neither Quark, its affiliates, owners, officers, agents, employees, contractors, nor any associate organization (“Quark And Its Affiliates”) shall be held liable for any act, default, injury (including emotional injury, injury to person or property, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Quark and Its Affiliates, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of any aircraft, rotorcraft, boat, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers or onboard the vessel. In issuing tickets, or making arrangements, for travel, hotel or other accommodation, Quark is not acting as principal but only as agent for the companies, corporations, owner, public carriers or persons providing or offering the means of transportation and accommodation.

12.2 You further understand that Quark and Its Affiliates neither own, operate, supervise or control any third party suppliers and accordingly you agree to seek remedies directly and only against those suppliers and you shall not hold Quark and Its Affiliates responsible for their acts or omissions.

13. DISCLAIMERS , LIMITATIONS AND WAIVER OF LIABILITY

13.1 QUARK DISCLAIMS ALL LIABILITY TO YOU OR ANY OTHER PASSENGER FOR ANY INJURY, ILLNESS, OR DEATH OF ANY PASSENGER OCCURING DURING THE EXPEDITION NO MATTER WHAT THE CAUSE.

13.2 QUARK DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR ANY PSYCHOLOGICAL INJURY OF ANY KIND.

13.3 QUARK MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE VESSEL OR ITS MERCHANTABILITY, FITNESS OR SEAWORTHINESS NOR DOES QUARK WARRANT THE CONDITION OF ANY PERSON ONBOARD THE VESSEL OR ANY FOOD, DRINK, PROVISIONS OR MEDICINE SUPPLIED BY THE VESSEL. QUARK EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY.

13.4 QUARK IS NOT AN INSURER OF THE PASSENGER’S SAFETY.

13.5 YOU ASSUME THE RISKS OF TRAVEL BY SEA AND UNDERSTAND AND AGREE THAT QUARK SHALL HAVE NO LIABILITY FOR ANY INJURIES OR DAMAGES RESULTING FROM ANY FORCE MAJEURE EVENT. IN NO EVENT SHALL QUARK BE LIABLE TO YOU WITH RESPECT TO ANY OCCURRENCE TAKING PLACE OTHER THAN ON THE VESSEL.

13.6 QUARK SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO YOU WHICH OCCUR WHILE YOU ARE ONBOARD THE VESSEL OR ONSHORE DUING THE COURSE OF YOUR EXPEDITION.

13.7 SUBJECT TO SECTION 5.5, QUARK IS NOT LIABLE FOR LOSS OF OR DAMAGE TO ANY OF PASSENGER’S BAGGAGE OR PROPERTY UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF QUARK.

13.8 IN CONSIDERATION OF THE SERVICES AND ARRANGEMENTS PROVIDED BY QUARK, YOU, FOR YOURSELF AND FOR YOUR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND AGREE TO INDEMNIFY QUARK AND ITS AFFILIATES, WHICH SHALL INCLUDE (WITHOUT LIMITATION) ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AND AFFILIATES FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR EMOTIONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES, LOST PROFITS, LOST WAGES OR EARNINGS CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, OR

OTHERWISE, THAT MAY ARISE OUT OF OR OCCUR DURING THE EXPEDITION IN CONNECTION WITH THE SCHEDULED VOYAGE OR TRAVEL PACKAGE OR ANY ACTIVITIES CONDUCTED IN CONJUNCTION OR RELATION THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY DELAY, LOSS, DAMAGE, OR INJURY CAUSED BY OR ARISING FROM A FORCE MAJEURE EVENT, BREAKAGE OF SHAFTS OR ANY DEFECT OR UNSEAWORTHINESS IN HULL, MACHINERY OR APPURTENANCES, EQUIPMENT, FURNISHINGS, SUPPLIES OR OFFICERS OR CREW OF THE VESSEL OR ITS LAUNCHES OR WATERCRAFT; FAULT OR NEGLECT OF THE MASTER, TUGS, OFFICERS OR MEMBERS OF THE CREW, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS; THE QUALITY, NATURE OR CONSEQUENCES OF MEDICAL OR SURGICAL TREATMENT; ANY INHERENT DEFECT, OR VICE OR QUALITY OF THE TRAVELER’S BAGGAGE; ANY INSUFFICIENCY, INADEQUACY OF ABSENCE OF BAGGAGE MARKS OR OF ADDRESS OR DESCRIPTION OF SUCH BAGGAGE; ANY DELAY IN, OR PREVENTION OF SAILING, PROLONGATION OF THE EXPEDITION, DEVIATION OR STOPPAGE IN TRANSIT; ANY CALLS AT PORTS OR VARIATIONS FROM THE SCHEDULED OR REGULAR COURSE OF THE EXPEDITION; SEIZURE OF THE VESSEL UNDER LEGAL PROCESS; ANY ACT, OMISSION, FAULT, OR NEGLIGENCE OF THE TRAVELER OR FELLOW TRAVELERS; ANY RISKS OF TRAVEL BY SEA (INCLUDING, BUT NOT LIMITED TO, WEATHER-RELATED HAZARDS, NAVIGATIONAL DANGERS, WEAR AND TEAR, AND CARGO MOVEMENT AND DAMAGE); AND ANY OCCURRENCE OR EVENT THAT TAKES PLACE OFF THE VESSEL. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING, AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS, OR CONDUCT OF QUARK AND THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR AFFILIATES OF QUARK. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES RESULTING FROM SUCH ACTS OR OMMISSIONS ARE SPECULATIVE, UNCERTAIN, AND NOT REASONABLY FORESEEABLE AT THE TIME YOU ENTER INTO THIS EXPEDITION CONTRACT.

13.9 IN NO EVENT WILL QUARK BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR LOSS SUFFERED BY ANY PERSON. QUARK’S MAXIMUM LIABILITY FOR ANY REASON WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID TO QUARK FOR THE EXPEDITION.

13.10 EU REGULATION 392/2009 AND THE ATHENS CONVENTION

IN THE EVENT THAT ALL OR ANY OF THE PROVISIONS OF SECTIONS 13.1 THROUGH 13.9 ARE INAPPLICABLE OR DEEMED UNENFORCEABLE, THEN QUARK SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES FOR PERSONAL INJURY, DEATH AND/OR LUGGAGE AS SET FORTH IN EU REGULATION 392/2009 (“THE REGULATION”) RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA. ON EXPEDITIONS THAT DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT, QUARK SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES FOR PERSONAL INJURY, DEATH AND/OR LUGGAGE AS SET FORTH IN THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF GUESTS AND THEIR LUGGAGE BY SEA, 1974 AND THE PROTOCOL OF 2002 TO THAT CONVENTION ON THE LIABILITY OF CARRIERS TO GUESTS IN THE EVENT OF ACCIDENTS (BOTH TOGETHER REFERRED TO AS THE “ATHENS CONVENTION”). UNDER BOTH THE REGULATION AND THE ATHENS CONVENTION, QUARK’S LIABILITY IS LIMITED AS SET FORTH BELOW:

13.10.1 EXCEPT IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPWRECK, CAPSIZING, COLLISION, STRANDING OF THE SHIP, EXPLOSION OR FIRE ABOARD THE SHIP OR A DEFECT IN THE SHIP AS DEFINED BY THE REGULATION AND THE ATHENS CONVENTION, AND PROVIDED THAT THE PASSENGER PROVES THAT THEIR LOSS OR DAMAGE WAS CAUSED BY QUARK’S NEGLIGENCE OR FAULT, QUARK’S LIABILITY TO PASSENGERS FOR DEATH OR PERSONAL INJURY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $535,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL).

13.10.2 IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPWRECK, CAPSIZING, COLLISION, STRANDING OF THE SHIP, EXPLOSION OR FIRE ABOARD THE SHIP OR A DEFECT IN THE SHIP AS DEFINED BY THE REGULATION AND THE ATHENS CONVENTION, QUARK’S LIABILITY TO PASSENGERS FOR DEATH OR PERSONAL INJURY IS LIMITED TO NO MORE THAN 250,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $335,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) EXCEPT WHERE THE INCIDENT RESULTED FROM AN ACT BEYOND QUARK’S CONTROL (i.e. WAR, TERRORISM, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTER, INTENTIONAL ACTS OF THIRD-PARTIES, ETC.) QUARK’S LIABILITY FOR LOSS OR DAMGE RESULTING FROM SUCH INCIDENTS MAY INCREASE TO 400,000 SDR UNLESS QUARK PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT.

13.10.3 IF THE LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, THEN QUARK’S LIABILITY FOR PERSONAL INJURY OR DEATH SHALL BE LIMITED TO THE LESSER OF 250,000 SDR PER PASSENGER (APPROXIMATELY US$345,000) OR TOTAL 340 MILLION SDR (APPROXIMATELY U.S. $469,200,000) PER INCIDENT.

13.10.4 SUBJECT TO SECTION 5.5, QUARK’S LIABILITY FOR LOSS OF, OR DAMAGE TO, PASSENGER’S LUGGAGE OR OTHER PROPERTY SHALL NOT EXCEED 2,250 SDR (APPROXIMATELY $3,011.00 WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) PER PASSENGER PURSUANT TO THE ATHENS CONVENTION.

13.10.5 PUNITIVE OR EXEMPLARY DAMAGES ARE NOT AVAILABLE UNDER EU REGULATION 392/2009 OR THE ATHENS CONVENTION.

13.10.6 ANY DAMAGES PAYABLE BY QUARK SHALL BE REDUCED IN PROPORTION TO ANY FAULT OR NEGLECT BY THE PASSENGER AS PROVIDED IN ARTICLE 6 OF THE REGULATION AND THE ATHENS CONVENTION.

13.10.7 A COPY OF THE REGULATION MAY BE FOUND AT Regulation – 392/2009 – EN – EUR-Lex.

13.10.8 A COPY OF THE ATHENS CONVENTION AND THE 2002 PROTOCOL IN THEIR ENTIRETY CAN BE FOUND AT https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=68431 and https://assets.publis hing.service.gov.uk/media/5a7b9ee1e5274a7318b8fd94/Misc.6.2013_Prot_2002_Athens_8760 .pdf.

13.11 IN ADDITION, QUARK SHALL HAVE THE FULL BENEFIT OF ANY APPLICABLE LAWS PROVIDING FOR LIMITATION AND/OR EXONERATION OF LIABILITY AVAILABLE UNDER ANY NATIONAL LAW, INTERNATIONAL LAW, THE LAW OF THE FORUM WHERE A CLAIM IS LITIGATED OR ARBITRATED, INCLUDING BUT NOT LIMITED TO 46 U.S.C. 30501 THROUGH 46 U.S.C. 30529 AND 46 U.S.C. 30301 THROUGH 30305 AND NOTHING IN THIS EXPEDITION CONTRACT IS INTENDED TO OPERATE TO LIMIT OR DEPRIVE THE CARRIER OF ANY SUCH STATUTORY OR OTHER LIMITATION OR EXONERATION OF LIABILITY. THE SERVANTS AND/OR AGENTS OF QUARK SHALL HAVE THE FULL BENEFIT OF ALL SUCH PROVISIONS RELATING TO THE LIMITATION OF LIABILITY.

13.12 NOTHING HEREIN IS INTENDED TO (NOR SHALL IT OPERATE TO) DEPRIVE QUARK OF THE LIMITATIONS OF LIABILITY OR EXONERATION FROM LIABILITY OF ANY STATUTES OF THE UNITED STATES OF AMERICA AS SET FORTH AT TITLE 46 U.S. CODE SECTIONS 30501 THROUGH 30509 AND 30511. NOR DOES QUARK WAIVE ANY REMEDIES AVAILABLE TO IT UNDER THE LAW.

14. PHOTOGRAPHS / IMAGERY

14.1 By partaking in the Expedition, you grant Quark the irrevocable right and permission to capture and use your name, photograph, image, voice, audio and likeness while on the Expedition for future publicity or promotional material in all forms or manner whatsoever, without payment or other consideration. If you do not wish to be photographed during the Expedition, you must inform Quark (or your travel agent) in writing prior to the start of the Expedition.

14.2 In addition, you hereby grant Quark the irrevocable right and permission to reproduce or use any portion of any photograph, image, voice or audio that you take and submit to Quark (collectively, the “Images”) in any and all of (without limitation) its media, brochures, publications without payment or other consideration. You understand and agree that all Images will become the property of Quark and will not be returned. You hereby irrevocably authorize Quark to edit, alter, copy, exhibit, publish, or distribute the Images for any lawful purpose, and waive any right to inspect or approve the finished product and any right to royalties or other compensation arising or related to Quark’s use of the Images.

15. INSURANCE

15.1 It is a condition of your participation in the Expedition that you shall have comprehensive medical insurance in place which is sufficient to cover all medical risks and exposure, including emergency medical coverage. You may be required to provide proof of this insurance to Quark Expeditions at any time and should carry such insurance documentation with you during the Expedition.

15.2 In case of a medical problem arising during the Expedition, either onboard the vessel(s) or on shore, which results in costs for evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to the passenger.

15.3 In addition to the medical insurance requirement set out in section 15.1, Quark Expeditions strongly recommends that you, and all other passengers in your group, purchase comprehensive travel protection cover for the duration of the Expedition which covers those risks in addition to medical assistance. Such travel protection should cover, as a minimum, cancellation insurance, trip delay, baggage cover and repatriation.

16. TRAVEL AGENTS

16.1 If you have made a booking for the Expedition with any travel agent, the travel agent shall be your agent and Quark shall not be liable for any representation made by your travel agent. Further, you understand and agree that the provision of the Expedition Contract to your travel agent, and any other documentation or information in respect of the Expedition, shall be deemed receipt by you as on the date it is provided to the travel agent.

16.2 If you have made your booking for the Expedition with a travel agent then you agree to be bound by and are personally responsible to comply with the Expedition Contract. All waivers, confirmations of authority, indemnities and releases shall be deemed made by you personally and not your travel agent. Further, you agree that Quark’s obligations are to you and not your travel agent and Quark has no responsibility or liability arising out of, or in connection with, your relationship with your travel agent.

17. PRIVACY

In order to provide the Expedition, Quark requires access to your personal information including, without limitation, your name, address, passport details, medical records, disabilities, email address and any special dietary information. In order to provide the Expedition, Quark may be required to share your personal data with Third Party Suppliers. Further information on how your personal information is used can be found at https://www.quarkexpeditions.com/privacy-policy.

18. COMPLAINTS

18.1 Should you have any complaints about the way that the Expedition, or any Component of the Expedition, have been provided, then you must notify this to the Captain, Expedition Leader, or any other Quark staff, who will use their reasonable endeavors to remedy the issue. You must do this promptly and as soon as possible after any issues arise. You must also minimize any losses as far as it is possible to do so.

18.2 If it is not possible for Quark to attempt to remedy the issue during the Expedition, you may send a written complaint by email to Quark at guest@quarkexpeditions.com or to your travel agent. Quark will endeavor to respond to your complaint within 45 days of receipt.

19. TIME LIMIT FOR CLAIMS/WRITTEN NOTICES

19.1 Any incident or accident must be reported immediately to Quark and the Expedition staff, if such incident or accident occurs on or relates to any part of the Expedition. Quark shall not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during the Expedition and any activities conducted in conjunction therewith, unless full written details are given to Quark and/or the Expedition staff, if applicable, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on Quark within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods which otherwise may be applicable.

19.2 For all other claims including (but not limited to) claims relating to your baggage, any alleged violations of your civil, consumer or privacy rights, or any other statutory, constitutional or legal rights, or for any other losses, damages or expenses you have incurred in connection with the Expedition, you must notify Quark with full written details of the incident within 30 days of the date of the alleged claim. Any Disputes (as defined in section 20.1), arbitrations and the limited legal proceedings under this Expedition Contract must be filed by you within 6 months following the final date of the Expedition itinerary.

19.3 Any failure to comply with the time frames under this section 19 shall operate as a waiver and release of any rights you may otherwise have to make any claim against Quark arising out of or related to the Expedition.

20. ARBITRATION

20.1 Any and all disputes and claims that either you or Quark may have against each other that arise out of or relate to the Expedition and/or the Expedition Contract including the breach, termination, enforcement, interpretation or validity of the Expedition Contract, including the agreement to arbitrate and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), will be resolved in a binding, confidential, individual and fair arbitration process pursuant to this section 20 (“Arbitration Agreement”). The only exceptions to this Arbitration Agreement are that (a) each party shall, if applicable, submit a Dispute on an individual basis in small claims court, (2) the parties may mutually agree to a trial without a jury in a United States District Court if jurisdiction permits, and (3) each party may bring suit in the appropriate Court against the other to enjoin infringement or other misuse of intellectual property rights. In the event that arbitration is not enforced, then such disputes not enforced through arbitration shall be brought solely and exclusively in the United States District Court for the District of Delaware to the exclusion of any other court where suit might otherwise be brought and if the United States District Court for the District of Delaware lacks subject matter jurisdiction, then the matter shall be brought in a court of competent jurisdiction located in Wilmington, Delaware.

20.2 The Federal Arbitration Act, 9 U.S.C. §§ 1-16 governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive your completion of the Expedition and the termination of the Expedition Contract.

20.3 The process for arbitrating a Dispute shall require either you or Quark to send by registered mail to the other a written notice of the Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Expedition to which the Notice relates, and the relief requested.

20.4 Your Notice must be served to Quark at Customer Service, 3131 Elliott Ave, Suite 300, Seattle, WA 98121, USA. Quark shall send its Notice to the contact information that Quark holds for you or that you subsequently provide in writing for Quark to serve its Notice.

20.5 It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after a Notice is served the parties may try to reach a settlement of the Dispute. If it is not possible to resolve the Dispute within this time period, either party may initiate arbitration in accordance with this section 20.

20.6 Any arbitration between you and Quark will be conducted by the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If you and Quark cannot agree on who that single arbitrator should be, then the AAA shall appoint an experienced arbitrator. The arbitrator is bound by the terms of this Arbitration Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with the AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to Quark.

20.7 If you are seeking to recover $100,000 or less (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), the AAA Rules provide that the Dispute should be resolved without a hearing, by submission of documents only. However, either you or Quark may request a hearing and in those circumstances the requesting party would be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor Quark request one, Quark will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), the hearing location will be determined in accordance with the AAA Rules, Principles and Guidelines, with the State of Delaware, USA being a possible location only if agreed upon by all parties.

20.8 It is agreed that the arbitration and any mediation shall be confidential and neither you nor Quark shall disclose the facts of the proceeding, any documents exchanged as part of the proceeding, the Arbitration Agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

21. WAIVER OF JURY TRIAL AND CLASS ACTION, GOVERNING LAW, JURISDICTION AND OTHER WAIVERS

21.1 The Expedition Contract and any Disputes, arbitrations, and the limited legal proceedings identified as permissible in the Expedition Contract shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of Delaware, USA and, where applicable, the general maritime law of the United States including the Death on the High Seas Act (46 U.S.C. § 30302). Except as otherwise expressly specified in the Expedition Contract, you agree that this choice of law supersedes and pre-empts any provision of law of any other state or nation.

21.2 IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THE EXPEDITION CONTRACT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.

21.3 The Expedition Contract provide for the exclusive methods for resolution of any Disputes between the parties, to which you agree shall be brought only on your own behalf and not as part of any class action. Even if the applicable law provides otherwise, you agree that any Dispute against Quark whatsoever shall be litigated by you individually and not as a member of any class or as part of a class action, and YOU EXPRESSLY AGREE TO WAIVE ANY LAW OR RIGHT ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.

22. WAIVER OF IN REM AND QUASI IN REM PROCEEDINGS

IN THE EVENT OF A MARITIME TORT, YOU MAY HAVE RIGHTS TO PROCEED IN REM TO ARREST THE VESSEL OR ITS APPURTENANCES FOR PURPOSES OF SECURITY OR PROCEED QUASI IN REM TO ATTACH ANY OF THE CARRIER’S VESSELS TO ESTABLISH JURISDICTION. YOU HEREBY WAIVE ANY RIGHT TO AN IN REM OR QUASI IN REM PROCEEDING TO ARREST OR ATTACH ANY OF CARRIER’S VESSELS FOR THE PURPOSES OF OBTAINING SECURITY OR JURISDICTION, AND WILL RELY SOLELY ON THE CREDIT OF THE CARRIER IN BRINGING ANY CLAIM AGAINST CARRIER, IF AT ALL.

23. MISCELLANEOUS

23.1 Passenger Bill of Rights. The Cruise Industry Passenger Bill of Rights (“PBOR”) in effect at the time of booking which can be found at https://www.quarkexpeditions.com/terms-and-conditions/clia-passenger-bill-of-rights shall apply to your booking and you shall have the full benefits of the rights set out in the PBOR. The PBOR shall supersede in the event of any conflict with the terms and conditions set forth in the Expedition Contract.

23.2 Severability. If any provision of the Expedition Contract shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

23.3 Notices. All written notices to Quark required under the Expedition Contract must be mailed, postage pre-paid to Quark Expeditions, Inc. at 3131 Elliott Ave, Suite 300, Seattle, WA 98121 USA, or sent by email to (1) guest@quarkexpeditions.com, and (2) enquiry@quarkexpeditions.com with proof of electronic delivery

23.4 Entire Agreement. The Expedition Contract shall represent the entire agreement between the parties on the subject matter hereof and any and all prior agreements, discussions, representations, whether oral or in writing, are hereby superseded by the terms herein.

IMPORTANT NOTICE TO YOU:

Please take the time to read and understand the conditions of booking set out below before booking a cruise with us. We strongly recommend that you also read the pre-departure information we supply to you to ensure that you understand the itinerary, style and physical demands of the Cruise you are undertaking.

1. OUR CONTRACT

These Cruise Booking Conditions govern the delivery of the Ocean Nova Antarctica Product (the Cruise) by Ocean Endeavour Expeditions Pty Ltd (629 568 467) (us/we) to you. By booking a Cruise with us you have agreed to be bound by: 

(a) these Cruise Booking Conditions;

(b) any pre-departure information that is supplied to you;

(c) to the extent they apply to you the additional waivers, set out below:

a. the Minor waiver;

b. the Pregnancy waiver;

c. Adventure Operation waivers

(which constitutes the entire agreement between you and us).

Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

2. DEPOSIT REQUIREMENT  

You are required to pay a non-refundable deposit of 20% of the full voyage cost (before any discount) per person per Cruise for your booking to be confirmed. If your booking is made within 95 days of the departure date, then the full amount is payable at the time of booking.

3. ACCEPTANCE OF BOOKING AND FINAL PAYMENTS

A contract will exist between you and us from the date you receive a confirmation invoice or if you book within 95 days of departure, the contract will exist when your payment is accepted.

Please refer to your booking confirmation invoice for details regarding final payments, including how to make the payment. Payment of the balance of the trip price is due 95 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 6 (Cancellation by You) will apply. 

4. PRICES AND SURCHARGES 

Our Cruise prices may vary at any time in accordance with demand, market conditions and availability. Your best option if you like the price you see is to book at that time.  Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in clause 6 (Cancellation by You). We reserve the right to impose surcharges prior to departure due to unfavourable changes in exchange rates, fuel surcharges and increases in fuel costs, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the Cruise price and you will be responsible for the balance.

If any surcharge results in an increase of more than 10% of the Cruise price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.  Please note that a surcharge may be applied to a purchase made by credit card. 

5. YOUR DETAILS

For us to confirm your travel arrangements, you must provide all requested details with the balance of the Cruise price, and any additional details or clarifications required prior to your embarkation. Necessary details include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date, applicable waivers and any pre-existing medical conditions you have that may affect your ability to complete your travel arrangements. For more information about how we treat your personal information please refer to our Privacy Policy.

6. CANCELLATION BY YOU

6.1. If you cancel some or all portions of your booking, including any optional activities,  the cancellation term set out below will apply. A cancellation will only be effective when we receive written confirmation that you have sent to your relevant sales representative of the cancellation.  If you cancel a Cruise:

6.1.1. 95 days or more before departure we will retain your deposit; or

6.1.2. fewer than 95 days before departure the cancellation fee is 100% of monies paid.

6.2. Customers booking in the United Kingdom and Europe may have additional rights when cancelling due to “unavoidable and extraordinary circumstances”. 

6.3. This credit is not transferable or redeemable for cash. Please note that the arrangements in clause 6.1 do not apply to flights or insurance as they will have their own booking conditions. You are strongly advised to take out cancellation insurance at the time of booking. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees. 

6.4. If you fail to join a Cruise, join it after departure or leave a Cruise for any reason after it has commenced, we are not obliged to make any refunds for unused services. You will not be entitled to make a claim for damages and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited  to visas, vaccinations, travel insurance excess or non-refundable flights.

7. CANCELLATION BY US

7.1. Except when your trip is cancelled due to a Force Majeure Event (as defined below in this clause 7), if we cancel your Cruise, you can transfer amounts paid to an alternate departure date or receive a refund.

Cancellation due to Force Majeure

7.2. If a trip is cancelled due to a Force Majeure Event, we can offer you a choice of:

7.2.1. a 100% credit of monies paid for your Cruise; or

7.2.2. a refund minus unrecoverable costs.

7.3. If the cancellation due to a Force Majeure Event occurs after a Cruise has commenced, we can offer you a choice of a pro-rata:

7.3.1. 110% credit for the days that remain on your Cruise after the point of your disembarkation; or

7.3.2. refund minus unrecoverable costs of the days that remain on your Cruise after the point of your disembarkation.     

7.4. Any credit resulting from a cancellation under this clause 7 (Cancellation by us):      

7.4.1. may be applied towards any other available Cruise offered by us;

7.4.2. is not redeemable for cash;

7.4.3. excludes flights or insurance as they will have their own booking conditions.

7.5. In the event of cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights. This also includes the costs of being on board for mandatory quarantine or repatriation flights if we are required to disembark passengers at an alternative port.

7.6. A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; faults or errors in navigation or management of this or of any other Vessel; seizure of the Vessel under legal process; any abrupt or unexpected increase in the cost of fuel or shortage of fuel; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.

.

8. BOOKING AMENDMENTS 

Transfers to a third party or an alternative Cruise are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the Cruise. Fees may apply.

Inclusions and exclusions

Unless otherwise stated in the Cruise program or literature or as otherwise agreed to in writing, the Cruise price includes:

• all meals onboard the ship including snacks
• onboard lecture program from Expedition Team
• all shore excursions and zodiac cruising (except optional activities with cost)
• insulated inner jacket, yours to keep
• complimentary use of rubber Muck boots and Expedition Parka, on loan for the duration of your expedition
• transfer from airport to hotel (Day One) and pre-night hotel accommodation with breakfast
• transfer from hotel accommodation to the ship for embarkation
• transfers to the airport or downtown on return to port
• all port taxes
• use of onboard gym

The Cruise price does not include:

• international or internal flights unless specified
• airport transfers, taxes and excess baggage charges unless specified
• meals other than those specified in the pre-departure information
• visa and passport fees
• travel insurance
• optional activities and all personal expenses
• tobacco, alcoholic or special beverages
• miscellaneous extras
• laundry and communication charges aboard
• medical care
• life jackets, Expedition Parka, insulated inner jacket and Muck boots for minors 15 years and under at time of travel
• Expedition Parka and insulated inner jacket for guests who require sizing larger than 3XL
• boots for guests who require sizing larger than men’s size 14 boots gratuities for crew and expedition staff

Such goods and services, if available for purchase aboard the ship, are at your own expense. Payment for all such goods and services must be made in cash or by credit card in US dollars (or other currency acceptable to us) upon demand by us prior to your disembarkation.

9. AGE AND HEALTH REQUIREMENTS

Minimum Age. We cannot accommodate children under 12 years of age at the time of travel. If you are a parent or representative travelling with a minor under 17 years of age or under, you must return a completed Minor Waiver and, if applicable, a Minor Travel Consent Form to us prior to embarkation of the Cruise. Due to the nature of our optional activities, including the Polar Plunge, minimum ages also apply.

Maximum Age. There is no upper age limit for participating in a Cruise, although we remind you that our Cruises can be physically demanding, and you must ensure that you are suitably fit to allow full participation.

Medical requirements. Before embarking on a Cruise, you must complete a confidential medical condition form to inform us of all pre-existing illness, disabilities or pregnancy and all other conditions for which you may require medical attention during the course of the Cruise. If you have a chronic illness or recent acute medical condition, you must advise your booking agent at time of booking to ensure you meet our requirements for travel. If any such condition arises after your booking has been confirmed, you must report all such conditions to us, or the ship’s doctor before boarding, or if you have boarded, then before the ship leaves port.

Medical information: Medical forms will be available approximately four months before departure as part of your Cruise Enrolment (see above). Some conditions may preclude you from traveling aboard the Ocean Nova or require approval by our Medical Team. If you have a chronic illness or recent acute medical condition, please contact your booking agent as soon as possible to discuss your medical history with our Medical Team and ensure you meet our requirements for travel.

We shall have no liability in connection with any such condition. For more information  about how we treat your personal information, please refer to our Privacy Policy. You must also ensure that you have an adequate supply of all medicines and medical supplies needed as they may not be available on board the ship and be healthy enough physically and mentally to undertake and complete the Cruise.

If requested by us, you must also have in your possession before boarding, a physician’s certificate certifying that you are physically fit and capable to undertake and complete the Cruise. If you are pregnant, you will need to return a completed pregnancy waiver to us. If there are any changes in your physical condition between providing a certificate and boarding the Cruise, you must inform us of any relevant updates.

Refusal of Passage. We reserve the right to refuse passage to a customer who has failed to give proper or correct notice of any disability, illness, pregnancy or other condition requiring special care, attention or treatment or who in our sole opinion is physically or mentally unfit for the Cruise.

We also reserve the right to refuse passage to a customer who has provided any misleading information, including personal details. In such an event, you are not entitled to any compensation from us.

If you embark or attempt to embark, or allow any other customer for whom you are responsible to embark, when you or such other customer is:

• suffering from any sickness, disease, injury or infirmity bodily or mental; or to his or her knowledge has been exposed to any infection or contagious disease;
• for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard; or
• for any reason, is refused permission to land at his or her port of destination, you       shall be responsible for any loss or expense incurred by the us directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless you sought our prior consent in writing. We also reserve the right to direct your disembarkation.

Medical Services on Vessel. Any physician or medical personnel on board is an independent contractor and works directly for the customers. Any physician or other medical personnel that renders emergency treatment and/ or performs medical or surgical services, does so at the rates fixed in the “Schedule of Physician’s Charges” posted aboard the ship or as otherwise agreed to, or in the absence of, then at customary rates.

Treatment at Your Risk. All medicines and all medical or surgical services furnished by the ship’s doctor or any other physician or medical personnel (all of whom are engaged by you as independent contractors) or ship’s officers, our employees or our agents, shall be and are accepted by and at your sole risk and expense, and we shall not be responsible for the quality, nature or consequence thereof. Any legal action brought against the contractor arising from, or relating to, the provision of the services will be brought against the contractor in the country in which they are indemnified for work aboard the vessel.

10. PASSPORT, VISA AND IMMIGRATION DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your Cruise. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination, inoculations or medical certificates) and insurance policies.  Your passport must be valid 6 months after the last date of travel which is as set out on your itinerary. 

You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.  

11. TRAVEL INSURANCE

Travel insurance is mandatory for all our travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses, evacuation and/ or emergency repatriation with a minimum coverage of US$250,000 for medical expenses, evacuation (including vessel to shore transfer) and/ or emergency repatriation, for all pre-existing medical conditions as well as COVID-19. It is your responsibility to ensure your travel insurance provides the required coverage. Any medical expenses, evacuation and/ or emergency repatriation costs resulting from undeclared pre-existing medical conditions, as well as costs related to disruption of itinerary as a result, not covered by your travel insurance are your responsibility.  We also strongly recommend it covers cancellation, curtailment, personal liability and loss of baggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number prior to the departure of your Cruise; you will not be able to join the Cruise without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.

12. CHANGE OF ITINERARY, DELAYS, QUARANTINE

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each Cruise is representative of the types of activities contemplated, but you acknowledge that the vessel’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, assistance of other vessels in distress, availability of berth facilities, and other factors which may be beyond our control including a Force Majeure Event. 

Any dates and/or times specified in any timetables or otherwise which may be issued by us, or our agent, are only approximate and may be altered by us at any time and to such extent as is considered necessary in the interest of the Cruise as a whole. We will notify you as soon as possible if any changes are made.

You will have no right to any refund and we will have no obligation to you or be liable for any compensation or damages, for any loss, consequential or indirect damages, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment in respect of such changes.

Changes in Ports. If we, for any reason whatsoever, consider it necessary or desirable in the good management of the vessel, we may cause the vessel not to make calls at any port or ports or to land or board You or your Baggage. You may be landed with your Baggage at the next practical port of call without any liability on our part. You must bear all expenses to such omitted port or place of final destination, subject to any applicable laws.

Quarantine. In the case of quarantine of the vessel, or other condition requiring detention of you, you shall bear all risks and expenses incurred. You agree to pay our charges for your food and accommodation during the period of detention, payable day by day, if you are maintained on board the vessel, and for all other quarantine fees and expenses assessed or incurred on your account.

Refusal of Permission to Land. If immigration or other government authorities refuse permission to land, or give orders for deportation, no claim by you against us on that account shall be valid.

13. AUTHORITY ON TOUR

Our Cruises are run by Expedition Leaders. The decision of the Expedition Leader, the vessel Master or any other person authorised by us (Authorised Representatives) is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the Cruise or the well-being of the communities and wildlife we visit. 

If you fail to comply with a decision made by an Authorised Representative, or interfere with the well-being or mobility of the group, the Authorised Representative may direct you to terminate your participation in the Cruise or any optional activities, to leave the Cruise immediately, with no right of refund, or any other action required in the circumstances, including but not limited to restricting you to your cabin. We will not be liable for any compensation, costs, damages or losses arising from such termination or action.  You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries and regions visited and generally act in a way that is respectful to the crew member and your fellow passengers and in compliance with the ship’s rules.

14. ACCEPTANCE OF RISK 

You acknowledge that the nature of the Cruise may be adventurous and participation  involves a degree of personal risk which may be in addition to the normal course of an adventurous trip including extreme weather conditions that are subject to sudden and unexpected changes, remoteness from normal medical services, and evacuation difficulties.

You also acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus which may have direct or indirect consequences including but not limited to, medical issues, border closures and/ or quarantine requirements. We will take all reasonable steps to ensure your safety and may require you to follow additional mandatory safety protocols on your trip including the completion of medical checks, signing of waivers, completion of medical assessments or evidence of extra precautions.

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

To the fullest extent permitted by law and except to the extent that this disclaimer may be prohibited by Australian Consumer law or other applicable legislation, you agree to release us, our related bodies corporate, contractors, employees and agents, and any licensor or licensee from all claims and actions that you have, or may have at any time in the future, against them or any of them, howsoever arising, for personal injury, death, property damage or any other loss, damage or expense that you may suffer as a result of your participation in any trip organised with or in conjunction with the Cruise.

15. CLAIMS & COMPLAINTS 

If you have a complaint about your Cruise please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing through your booking agent within 30 days of the end of the Cruise.

16. THE RIGHT TO PHOTOGRAPH YOU

When you are travelling with us, as part of your experience a photo or video may be taken either by a crew member or one of our partners or another passenger. We care about your privacy so if you do not wish for your photograph to be taken at any time, or to be included in any video, please let your tour group leader, crew member or the photographer know.  Any photos taken by our staff (including employees and group leaders) will not be used for marketing purposes without your prior knowledge. Whilst we take every precaution to protect your privacy, we are not responsible for customers who may take your photograph or video you without our knowledge.

On some occasions, we may engage professional photographers to take and obtain photos to use in our marketing materials. We ensure that all of our customers are notified prior to travelling on our trips if a professional photographer is being engaged and you have the right to say no or opt-out of being included in any photos being taken for these purposes, including any subsequent content or images used. Please refer to our Privacy Policy for more information. 

17. CHANGES IN CABIN ARRANGEMENTS

If, in our opinion, or the opinion of the Master or our agents, the arrangement of booked cabins must be altered, we shall have the right to allocate another cabin to You. The price of the Cruise and the standard of allocated cabin will, if possible, be substantially the same. If we are unable to offer such an alternative cabin, we may cancel your booking and refund any unused fare, and You shall have no other claim against us.

18. BAGGAGE

Hazardous items. Under no circumstances may dangerous articles such as firearms, matches, gun powder, explosives, oxygen or combustible or illegal substances be taken aboard the vessel  (Hazardous Items). You are also not allowed to bring on board items or articles, the importation or exportation of which may be forbidden, or which do not conform to the customs or police regulations or the laws of any country to which the vessel  may go in the course of the Cruise.

We may dispose of or destroy such Hazardous Items without liability. You will be liable for the full amount of all loss, damage or delay to the vessel or her cargo and for all injury to, or death of any of the customers, officers or crew or other persons caused by such hazardous articles brought on board by you.

Prohibited items. In addition to Hazardous Items, you must not bring any prohibited items on board, including but not limited to, drones, other remote-controlled devices and any other devices that may contravene or invalidate our Antarctica Operating Licences including our IATO Licence (Prohibited Items).

Such Prohibited Items shall be confiscated for the duration of your Cruise and returned to you upon your disembarkation. We shall not be liable to you in any way in the event that you bring Prohibited Items on board the Cruise.

19. THIRD PARTY OPTIONAL ACTIVITIES

Your use of the services or other personal service personnel, if carried on board, or athletic or recreational equipment, facilities or supplies, is at Your own risk and expense and may be subject to third party terms and conditions. We are not responsible for the acts and omissions, whether negligent or otherwise, of these third-party suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.

20. WATERCRAFT WAIVER

You understand and agree that we do not bear any responsibility or liability for any excursion(s) involving watercrafts, including Zodiacs, or any other tenders (watercraft) you may take during this Cruise. You release, hold harmless and forever discharge us, your directors, agents and employees from all liability for all damages resulting from the ownership, maintenance, use, operation or control of the watercraft(s).

21. LIABILITY

21.1. Our liability (if any) for death and/or personal injury to you and/ or the loss of or damage to Baggage during your Cruise shall be determined by the provisions of “Athens Convention Relating to the Carriage of Passengers and their Baggage by Sea 1974” as amended by 2002 Protocol (“Athens Convention”). The Athens Convention is expressly incorporated into the Conditions of Carriage: http://www.admiraltylawguide.com/conven/passengers1974.html

21.2. We will not be responsible or liable for loss, damage or robbery of travel documents.

21.3. We acknowledge that our services which include the Cruise (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law or other applicable laws in other jurisdictions. “Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).

21.4. To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may  be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Cruise Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.

21.5. In addition, we shall have the full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, law and the global limitation on damages recoverable from us, and nothing in these Cruise Booking Conditions is intended to operate to limit or deprive us of any such statutory or otherwise limitation or exoneration of liability. Our servants and/or agents shall have the full benefit of all such provisions  relating to the limitation of liability.

21.6. Limitation of Liability. Where the law implies a warranty into these Cruise Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.

21.7. Indemnity. You indemnify us (and all of our subsidiaries, officers, employees, contractors, and agents) against all losses, claims actions, proceedings, damages, costs, and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:

21.7.1. your access or use of the Services, this includes your delegate’s access or use of the Services; and

21.7.2. any breach by you (or your delegate) of:

21.7.2.1. these Cruise Booking Conditions; or

21.7.2.2. any additional terms applicable to providing the Services, except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.

21.8. We are not liable for or in connection with or arising out of any acts or omissions of any kind of any independent subcontractors on board the vessel and/or ashore.

21.9. The Cruise Booking Conditions including limitation of liability are applicable to any shore excursions or optional activities purchased from and or provided by us.

21.10. Vicarious liability. We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.

22. SEVERABILITY 

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

23. PRIVACY POLICY 

Any personal information that we collect about you will be handled in accordance with our Privacy Policy and may be used for any purpose associated with the operation of a trip. In making this booking you consent to this information being passed on to the relevant persons such as our agents, service providers or other suppliers to enable us to operate the trip or, if permitted by any relevant Spam laws, to send you marketing material in relation to our events and special offers. You are responsible for reviewing our Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.

24. APPLICABLE LAW

The laws of Queensland, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Queensland, Australia.

25. ASSIGNMENT AND REGISTERED ADDRESS

We can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website).

402/45 Brisbane Road, Mooloolaba, QLD 4557, Australia

Please note that if you have purchased flights in addition to your Intrepid itinerary, for example, flights to and from your trip, the terms and conditions (including payment terms) required by the Operator of your flight will apply. Your sales consultant will provide you with a copy of such Operator Terms and Conditions when you make your purchase.