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.

Expedition Terms and Conditions

IMPORTANT EXPEDITION TERMS AND CONDITIONS. TRIP PARTICIPANTS READ CAREFULLY. 
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY QUARK EXPEDITIONS, INC TO, AND ACCEPTED BY, YOU, THE TRIP PARTICIPANT, SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. EACH TRIP PARTICIPANT SHOULD CAREFULLY REVIEW THIS CONTRACT. 

IMPORTANT NOTICE: THE ATTENTION OF TRIP PARTICIPANTS IS SPECIALLY DIRECTED TO PARAGRAPHS 19 THROUGH 34 WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF TRIP PARTICIPANTS WHO ASSERT CLAIMS AGAINST QUARK EXPEDITIONS, INC., THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION CLAUSE, CLASS ACTION WAIVER, LIMITATION OF LIABILITY AND TIME LIMITATION PROVISIONS. 

Terms & Conditions of Sale 

The purchase of any travel services offered by Quark Expeditions, Inc. (along with its affiliates, owners, officers, agents and employees collectively referred to as “Quark” or “QEI”) creates a contractual relationship between QEI and you, the customer/participant in the travel package (the “Expedition”) provided by QEI (for and on behalf of yourself and all other customers/participants for whom you are purchasing the travel package, herein referred to as the “traveler”, “passenger”, “participant”, “you” or “your), and represents your acceptance of the terms and conditions of your Expedition set out herein (the “Terms and Conditions”). Please read the following information carefully. In order for your Expedition reservation to be completed, you must indicate you accept the Terms and Conditions by checking the appropriate box when paying your deposit for online reservations or, for reservations made by telephone, by signing and returning the Expedition Terms and Conditions sent to you by QEI. QEI reserves the right to amend these terms and conditions at any time with or without notice. You are advised to check on the QEI website located at www.quarkexpeditions.com or to request the latest version of the Terms and Conditions from QEI prior to booking your Expedition. For purposes of these Terms and Conditions, any reference to “Cruise” shall mean those periods of the Expedition during which the Passenger is embarking or disembarking or on a vessel which is owned, chartered or operated by QEI and/or  Ultramarine Owner (defined below) for the Expedition (the “Vessel”), including but not limited to when the Passenger is on land while the Vessel is in port and any shore excursions. 

FOR WHERE WE ARE CONTRACTUALLY BOUND TO PROVIDE A SEPARATE TICKET FROM CARRIER: You will be asked to accept a separate Contract of Carriage with the carrier (the “Carrier”) of your Cruise or Airline which shall govern the relationship, responsibilities and liabilities as between you, the passenger, and the Carrier whereby any dispute that you raise directly with the Carrier will be governed by and subject to the terms of the Contract of Carriage.  For the avoidance of doubt, these Terms and Conditions govern the relationship between you and QEI, and any dispute or claim that you raise with the carrier will be subject to the Contract of Carriage and not these Terms and Conditions. To the extent there is a conflict between these Terms and Conditions and the provisions of the Contract of Carriage as they relate to you and the Carrier, then the Contract of Carriage shall prevail and supersede the provisions of these Terms and Conditions; and to the extent there is a conflict between these Terms and Conditions and the provisions of the Contract of Carriage as they relate to you and QEI, then these Terms and Conditions shall prevail and supersede the provisions of the Contract of Carriage. 

IMPORTANT INFORMATION FOR EXPEDITIONS ABOARD THE VESSEL ULTRAMARINE (“ULTRAMARINE”) 

The Ultramarine Owner (defined below) is a sister company of QEI and the companies are members of the same Group. QEI acts as Ultramarine Owner’s exclusive agent, for and on behalf of Ultramarine Owner, with respect to the marketing, sale and taking bookings for Expeditions aboard Ultramarine. The payment of your deposit and the acceptance of your signature to these Terms and Conditions (as defined below) by QEI creates a contractual relationship between Vinson Expeditions LLC (the “Ultramarine Owner”) and you for Expeditions aboard the Vessel known as “Ultramarine”. As such, the contractual relationship for Expeditions on-board “Ultramarine” is directly between the Passenger and the Ultramarine Owner. For the avoidance of doubt such booking remains governed by these Terms and Conditions (as applicable) and, if any, the Conditions of Carriage of the Ultramarine Owner. The Ultramarine Owner is afforded and protected by the entirety of these terms and conditions (including, but not limited to, those stated in paragraphs 19 to 34). To the extent there is a conflict between these Terms and Conditions and any Conditions of Carriage issued by the Ultramarine Owner then the Conditions of Carriage shall prevail. 

 1.0     Reservations and Payment 
Currency 
QEI accepts payment in 5 currencies US dollars (US$), Australian Dollars (AU$), Euros (€)  Pounds Sterling (£) and Canadian dollars (CAD$). The currency will be applied based on the location of the client. Once the initial deposit/payment has been paid, all subsequent fees/charges will be applied in the same currency. QEI reserves the right to adjust prices based on exchange rates without notice. If you make a booking via Intrepid and you wish to pay in NZD, CHF or ZAR, you can do so based on the AUD conversion rate which will be confirmed to you via your sales consultant.*

Deposits 

To confirm reservations, a deposit of 25% (unless indicated otherwise at time of booking) of the net, discounted rate (minimum US$1000, AU$1300, £650, €880, CA$1280 per person*) of the total invoice amount is required at time of booking. The deposit must be paid by major credit card, wire transfer, check or money order. For any bookings within 120 days of departure full payment is required. Deposit amounts may vary for special promotions and are subject to the promotion terms and conditions 

Payments 

Balances are due 120 days prior to departure. Final payment can be made by major credit card, bank wire or check. Deposits and payments for pre-Expedition and post-Expedition services are specific to each item and are explained and communicated at time of purchase. 
QEI is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to QEI.

Late payments: All late payments are subject to a penalty of 1.5% interest per month, or 18% per annum. QEI reserves the right to cancel any booking that is not paid within 120 days of departure or deny boarding on any unpaid balances. 

Special requests 
QEI will always try to accommodate special requests, but will not guarantee such things as cabin/room number, bedding type, special meals and airline seats. Please ensure all special requests are conveyed to your booking agent at time of reservation. 

2.0     Rates 
All fares are quoted in US dollars (US$), Australian dollars (AU$), Euros (€)  Pounds Sterling (£) and Canadian dollars (CAD$).If you make a booking via Intrepid and you wish to pay in NZD, CHF or ZAR, you can do so based on the AUD conversion rate which will be confirmed to you via your sales consultant.  Rates for Expeditions, including flights, transfers or mandatory transfer packages, as well as optional pre-Expedition and post-Expedition extensions are based on tariffs and exchange rates in effect at the time of printing and are subject to change prior to departure. 

Quark Expeditions will not apply any surcharges to a booking once confirmed. 

All travelers are required to pay for their excursion and additional purchases in conjunction with their excursion in the same currency. The fare does not include tobacco, alcoholic or special beverages (bottled or tap), miscellaneous extras, personal needs, medical care or any other item not expressly stated as being included. Such goods and services, if available for purchase aboard the Vessel, are at the travelers’ own expense. Payment for all such goods and services including any charges for extra baggage must be made in cash or by traveler’s checks in US dollars (or other currency acceptable to the carrier) upon demand by the carrier prior to the traveler’s disembarkation. Taxes, port charges, embarkation and loading expenses, stamps, health fees and any other charges whatsoever imposed by governmental authorities in any port or place shall be for the account of the traveler if not included in the fare paid to QEI. 

3.0     Cancellations By Guests, Refunds and Future Travel Refund Credits 

Cancellation fees apply to the entire Expedition booking, including Expedition fare, air add-ons, ground transfers, pre- and post-Expedition hotel and tour packages. If any non-Expedition components are canceled, you will be responsible for any cancellation fees imposed by the airlines, other transportation carriers, other tour and ground operators, and other hotel properties. You are not entitled to any refund, payment, compensation or credit except as otherwise provided in this section. Any refunds will be made directly to the method of payment you used at the time of booking. If a refund cannot be issued back via the original method of payment, then refunds will be returned via wire transfer. 

Guests who cancel in writing as set forth below within the dates shown below for any reason, including medical or family reasons, are subject to the following per-person cancellation fees, as applicable: 

You hereby agree that losses sustained by QEI and/or Ultramarine Owner 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 represent a fair and reasonable assessment as liquidated damages. Since a cancellation likely means a diminished opportunity to sell the same space on other cruises or trips, the cancellation fees below apply regardless of a name change or stateroom resale. 

All requests for cancellation must be received in writing. Cancellations cannot be made online. 

Future Travel Refund Credits  

If you were issued a Future Travel Refund Credit (FTRC) it is important to note the Cancellation Terms and Conditions for use and booking with an FTRC differs from the above and can be found within the “Future Travel Refund Credit (FTRC) Policy outlined in section 3.1. 

3.1     FUTURE TRAVEL REFUND CREDIT (FTRC) POLICY 
a.    FTRC  may be redeemed on any Expedition operated by QEI or, for cancellations of Expeditions aboard the Ultramarine, any Expedition operated by QEI and/or Ultramarine Owner, which departs within 1 year of the original impacted Expedition departure date.   
b.    The FTRC will be issued in the name of traveler for the amount of the payments  received by QEI as of the time of cancellation in respect of the cruise fare, extra hotel nights, transfer packages and/or adventure options. 
c.    No FTRC or any other credit will be given for flights, fees and pre/post packages purchased through QEI and such services are subject to terms and conditions of those service providers. Please contact QEI for details of such and the relevant cancellation charges.  
d.    If the rebooked Expedition is more than the FTRC value, the guest must pay the difference.  
e.    A FTRC may only be used once and towards one Expedition. Should a Expedition cost be less than the value of the FTRC then any remaining balance can only be used for additional services or ancillary extras relating to the rebooked Expedition provided such are booked a minimum of 7 days prior to the Expedition start day. After this date, the remaining value of the FTRC is forfeited. 
f.    The FTRC is combinable with in-market promotions. Exceptions may apply.  
g.    The FTRC is 100% non-refundable  
h.    The FTRC can only be redeemed against a new booking and cannot be used to pay the deposit to an existing booking, applied to a past booking or a booking that has been paid in full. Any new booking must be on a new Expedition date.  
i.    The FTRC cannot be redeemed for cash or cash equivalent  
j.    A maximum of 100% of the value of the FTRC can be transferred once to a friend or family member to be used against a new booking. This offer is subject to QEI’s approval prior to creation of the new booking and is subject to that person accepting the Expedition’s then applicable Booking Terms and Conditions when using their FTRC to book the Expedition. 
k.    Transfer requests must be made in writing to QEI.  No partial transfers of a FTRC is permitted. 
l.    When a guest elects to cancel their Expedition, in order to be eligible for a Future Travel Refund Credit, the guest’s booking file must be in good standing where all payments are up to date as per payment scheduled agreed to at the time of booking. Standard Booking Terms and Conditions will apply for any files that are in arrears (late payments).  
n.    In the event of cancellation on files partially paid with cash and FTRC, any remaining cash payments after penalties have been applied are eligible for refund. 
o.    If  QEI and/or Ultramarine Owner cancels an Expedition where an FTRC has been used then Standard Booking Terms and Conditions apply save that notwithstanding anything else in those terms a new FTRC will be issued with a new expiration date of 1 year from date of the canceled Expedition and no cash refund in respect of the FTRC element of the booking shall be provided.   
p.    In the event of a FTRC issued by error, with an incorrect monetary value or other details incorrect, we reserve the right to void the refund credit and issue a new one and shall have no liability whatsoever in respect of the first refund credit and any decisions made by you in respect of the same. 
r.    These FTRC terms shall be governed by the law and jurisdiction in the Booking Terms and Conditions which applied to the original booking in respect of which the FTRC has been issued. 
s.    FTRCs are not issued to any party that booked a charter, group, separately negotiated rates and/or terms outside of our public offers or otherwise did not accept the standard Booking Terms and Conditions for their original booking. Please contact your group or charter agent directly. 

To protect your investment, QEI highly recommends that you obtain adequate trip cancellation insurance. 

4.0     Adventure Options 
Prices quoted are based on group participation and no refunds will be made for any part of the program in which you choose not to participate, including but not limited to kayaking, paddle excursion, stand up paddle boarding, camping, skiing, mountain trekking or ballooning (if applicable and which, at the discretion of the Vessel’s Master and/or QEI’s Expedition Leader, may or may not be used). It is understood that refunds cannot be made to travelers who do not complete the services for any reason whatsoever. QEI and/or the Expedition staff reserve the right to deny participation to anyone who does not follow the rules set out by Expedition staff or is deemed by QEI and/or the Expedition staff in its/their sole discretion to be not medically/physically able to participate safely. For the avoidance of doubt, where providers of any such Adventure Options are independent contractors then neither QEI, 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. 

5.0     Children 
QEI welcomes passengers of the age of 8 and above and under the age of 16 at time of travel with a signed waiver by a parent prior to commencement on any Expedition, provided they meet height and weight requirements (weight of 64lbs or 29kg and 48″ or 1.2 m. tall). Children under 8 years old at the time of travel or children, regardless of age, who do not meet the above weight and/or height criteria are not allowed to participate in the Expedition.  
For children allowed to travel the following terms apply: 

5.1     Children on Vessel-based trips 
Any child under the age of eighteen (18) years of age must be accompanied in the same or connecting suite by a parent or other responsible adult twenty-one (21) years of age or older. In addition, if the adult accompanying this child is not a parent, a “Parental Consent Guardianship Form” must be signed by parent or legal guardian and received by QEI prior to sailing. Children under eighteen (18) years of age are not permitted in any casino or other area that may be designated as not accessible to certain ages by QEI or the owner of the Vessel. 
No childcare services will be provided on board the Vessel. 

5.2 Children and Vessel-based Adventure Options 
Adventure Options on vessels are only available for all persons over the age of 16. Children under the age of 16 are not allowed to participate in Adventure Options. Parents must be with children under the age of 16 at all times, so the parent’s participation in Adventure Options may be limited. 

 6.0     Emergency Evacuation Insurance and Travel Insurance 
Due to the remoteness of where we travel, an adequate medical facility could be 72 hours away or more, and emergency evacuation and adequate medical treatment may be delayed or unavailable in certain areas. 

6.1     Emergency Evacuation Coverage – Complimentary for all QEI guests 
Emergency evacuation insurance, to a maximum benefit per paying traveler of US$500,000, is included complimentary in the cost of all QEI trips. Included coverage is applicable only to travel occurring between the first and last day of the Expedition purchased from QEI. Additional days of travel prior to the Expedition and/or after the Expedition, including pre- and post-packages/hotels/flights, purchased from QEI or from suppliers other than QEI are not covered by the included emergency evacuation insurance. The passenger is responsible for determining that this coverage provided by QEI is sufficient. 6.2 Comprehensive Travel Insurance 
QEI highly recommends that you and all members of your party have comprehensive travel insurance coverage. Due to the remoteness of the areas in which we travel, travelers should have a minimum level of cover sufficient to cover the entirety of their medical risk and exposure including emergency medical coverage. QEI requires that you have adequate medical coverage prior to embarkation. The travel insurance policy should also cover trip cancellation insurance, trip delay, interruption or after departure coverage, baggage and repatriation.  

Please ask your Polar Travel Adviser about Tripmate Tour and Cruise Travel Protection for US and Non-US residents or book your travel insurance at https://www.quarkexpeditions.com/travel-insurance-plans. 

7.0     Pre- and Post-Travel 
Pre- and post-travel options arranged by QEI may not be refundable after the booking is made. A non-refundable deposit of a minimum of US$350, AU$455, £228, €308, CA$450 is required at time of booking. Cancellations received less than 120 days before departure are 100% non-refundable. 

8.0     Amendments to Bookings 
QEI will make every effort to assist in changing your reservation; however, changes must be submitted in writing a minimum of 120 days prior to departure. If the amendment is possible it will be subject to a minimum US$250, AU$325, £160, €220, CA$320 per person fee, plus any difference in fare if applicable. Amendments allowed include name changes but not changes to a completely different Expedition and/or different dates for the same Expedition. Downgrades to a lower cabin type are considered a cancellation and rebooking and will fall under the cancellation terms. See point 3.0 

9.0 Transfers of Deposits or Payments to Alternate Expeditions 
Should travelers be unable to take the Expedition they originally booked, but would like to travel on an alternate date, it may be possible to transfer deposits or payments from the original booking to an alternate booking, subject to the following conditions: The new Expedition must occur within the same season of the original Expedition date and a request to transfer must be made in writing to QEI more than 180 days prior to the departure of the original Expedition. QEI reserves the right to prohibit transfers on any of its Expeditions. Should a transfer request be granted, a fee of minimum US$ 1000, AU$1300, £650, €880, CA$1280 per person will be charged plus any difference in fare (as applicable). For transferred bookings the 15 day lookback period does not apply.

10.0     Discounts and Promotions 
QEI has the right to limit, withdraw or change any and/or all discounts and promotions without notice and/or compensation. 

11.0     Scheduled Flights 
Expeditions do not include international airfare or any other flights unless expressly stated in the Expedition inclusions. 

Quotes: All quotes are in US dollars; QEI cannot quote or book flights in any other currency. 

Price changes: Until the tickets are issued, QEI reserves the right to change prices for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other reasonable cause. 

Full payment: Full payment must be received by QEI before the option period (as communicated) expires to guarantee the flight reservation at quoted price. A guarantee of payment by the passenger is an acceptance of the travel arrangements, as requested, at the total price quoted.  
Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. 
Changes made prior to ticket issuance may be applied at QEI’s discretion, and will be subject to administrative fees. 

Flight reconfirmation: QEI strongly recommends flight times and numbers to be verified or reconfirmed at least 72 hours prior to departure. QEI is not responsible for any change to airline schedules or flight numbers after tickets have been issued. 

Airline tickets: Once issued, all airline tickets are non-transferable and are valid only for the dates and routings shown. A no-show to a flight results in a forfeit of the ticket and the client is responsible for the full costs of a new ticket and changes that may occur in replacement. 

Baggage: All airline tickets come with baggage restrictions or no free baggage allowance. Please check directly with your airline for up to date baggage rules as additional fees may apply and are the responsibility of the passenger. 

Airline, airport or weather delays: QEI will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays. QEI will not reimburse you for any additional expenses incurred by the passenger as a result. QEI will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond its control. 

12.0     Charter Flights 
Charter flights are at an additional cost unless otherwise stated. QEI reserves the right to change charter flight costs based on fuel surcharges or increased charter hire rates. Charter flights have strict luggage allowances as per Expedition Brochure and QEI Invoice. All other terms of clause 11.0 shall apply to Charter flying. 

13.0     Trip Cancellation by QEI; Force Majeure Event 
QEI and/or Ultramarine Owner reserves the right to cancel or change any service prior to departure, for any reason. For any affected passengers on any cancelled Expedition, QEI and/or Ultramarine Owner will, subject to availability, offer affected passengers an alternate Expedition to re-book on. If there is no suitable alternative or the affected passenger is not able to participate in the alternative Expedition, QEI and/or Ultramarine Owner will refund to such passenger any payments made to QEI and/or Ultramarine Owner without any further obligation or liability on the part of QEI and/or Ultramarine Owner including, but not limited to, no liability for compensation or to refund other costs incurred by the customer.  
Please note that in the event of cancellation, QEI and/or Ultramarine Owner will not be responsible for the cost of any additional travel arrangements through 3rd party suppliers purchased directly through QEI and/or Ultramarine Owner or other parties. 

13.1 Force Majeure Event 
Notwithstanding the above neither QEI nor (to the extent applicable) Ultramarine Owner be held responsible for, and no refunds will be given for, delays or cancellation of all or part of the Expedition due to causes or circumstances beyond QEI or the Vessel owner’s (including, in the case of the Ultramarine, the Ultramarine Owner’s) responsibility or control, including but not limited to act of God; perils of the sea, harbors, rivers, or other navigable waters; act of any governmental or ruling authority; epidemic; collision; stranding; fire; 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; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond QEI or the Vessel owner’s (including, in the case of the Ultramarine, the Ultramarine Owner’s) responsibility or control including, but not limited to, the failure by the Vessel owner (other than in the case of the Ultramarine, the Ultramarine Owner’s) or charterer to deliver the Vessel to QEI for any reason whatsoever (a “Force Majeure Event”). For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, 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 QEI or the Vessel owner (including, in the case of the Ultramarine, the Ultramarine Owner’s) to fulfill QEI’s and/or Ultramarine Owner’s obligations under these Terms and Conditions. Any additional costs accrued will be the responsibility of the traveler. 

13.2 Force Majeure Event exceptions: 
Notwithstanding the foregoing it is agreed that in the event of any delay or cancellation of all or part of an Expedition is caused by either (i) Covid-19 and related legally mandated travel restrictions; and/or (ii) the war between Ukraine and Russia then, in such circumstances, Quark shall be liable for a full or partial refund (as the case may be) of all sums paid by you to Quark for the Expedition. This shall be the sole and maximum extent in the specific circumstances detailed herein. For all other Force Majeure Events the terms set out above shall apply in full. 

Future Travel Refund Credits   
If your Expedition is suspended/cancelled/postponed due to the impact of COVID-19 and you are/were issued a Future Travel Refund Credit (FTRC) to rebook onto a new Expedition, or if you elected to cancel your Expedition and selected an FTRC,  it is important to note the Cancellation Terms and Conditions for use and booking with an FTRC differs from the above and can be found within the “Future Travel Refund Credit (FTRC) Policy” outlined in section 3.1.   

  14.0     Changes to an Expedition Prior to Departure 
Planning for Expeditions begins many months or even years in advance of departure. Occasionally, we have to make changes both before and after bookings have been confirmed.

Unless otherwise provided in these Terms and Conditions, QEI and/or Ultramarine Owner reserves the right to change any service prior to departure without compensation or refund; 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 QEI and/or Ultramarine Owner without notice and for any reason whatsoever, without allowance or refund and with extra costs, if any, being paid by the travelers. In addition QEI and/or Ultramarine Owner reserves the right to cancel any services prior to departure, in which case a pro-rata payment will be refunded without further obligation on QEI’s and/or Ultramarine Owner’s part except where such cancellation is due to a Force Majeure Event in which case no refund shall be offered. 

15.0 Change to an Itinerary After Departure  
The itinerary described is subject to change after the Expedition has deemed to have started at the discretion of  QEI and/or Ultramarine Owner, the Vessel’s Master and/or QEI’s Expedition Leader and/or for reasons beyond QEI’s and/or Ultramarine Owner’s control as set out in this clause 15. Published itineraries are suggested examples only and QEI and/or Ultramarine Owner reserves the right to change the itinerary and suggested landing sites at any time during an Expedition.  

If the Expedition is interrupted, the itinerary changed or if the Vessel is unduly delayed or prevented from proceeding in the ordinary course by any Force Majeure Event, QEI and/or the Vessel owner (including, in the case of the Ultramarine, the Ultramarine Owner) shall have the right, in its sole discretion, to terminate the Expedition and to land the traveler and his 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 QEI and/or Ultramarine Owner shall cease without any liability on the part of QEI and/or Ultramarine Owner to refund any part of the fare or liability for any other costs or expenses.  

In the event that QEI and/or Ultramarine Owner cancels the Expedition or changes the itinerary for a Force Majeure Event and the traveler has not yet boarded the Vessel, the responsibility of QEI and/or Ultramarine Owner shall cease upon such cancellation without any liability on the part of QEI and/or Ultramarine Owner to refund any part of the price.  
This is an Expedition to a remote part of the world and the traveler acknowledges that QEI and/or Ultramarine Owner, and the vessel’s Master shall have the liberty to change the itinerary for any reason and have the liberty 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 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. 

These things may be done for any reasons which are sufficient in the judgement of QEI and/or Ultramarine Owner, the Vessel owner and/or the Master, including but not limited to, offering or rendering assistance in an effort to preserve life or property. If the Master and/or QEI and/or Ultramarine Owner, for any reason whatsoever consider it necessary or desirable in the good management of the Vessel, they may cause the Vessel not to make calls at any port or ports or to land or board travelers or their baggage. A traveler scheduled to land at an omitted port or place of final destination may be landed with his baggage at the next practical port of call without any liability on the part of QEI and/or Ultramarine Owner. Travelers have no right to any refund or other considerations in the event of these itinerary changes. 

QEI will reasonably assist participants in changing their travel arrangements and provide trip interruption letters for all participants to submit to their travel insurance providers under their trip interruption travel policy. Furthermore, included activities or excursions within an Expedition itinerary could conceivably be cancelled or rearranged with little or no notice as a result of factors out of QEI’s and/or Ultramarine Owner’s control, such as, for example, a Force Majeure Event, and no refunds will be issued for any unused activities. Any Expedition extensions already undertaken are not eligible for any refunds or cancellation/interruption letters. 

In particular, for Expeditions that do or may include Helicopter flights then we do not make refunds for helicopter time not used or for cancelled Helicopter flights whether due to a Force Majeure Event or by virtue of the decision of the Master and/or the Expedition Leader. Also, we cannot guarantee the specific number, make and model of the helicopters used for your flight excursions, and that there will be helicopters onboard at all times or at all. 

16.0     All Antarctic Express, & Bespoke Fly/Cruises 
Due to the nature of QEI’s Antarctic Express, & Bespoke Fly/Cruises weather conditions may delay or require a cancellation of the remaining itinerary after 4 to 6 days (depending on the Expedition in question) of attempts to operate flights: IN THESE CIRCUMSTANCES QEI WILL OFFER PASSENGERS A FULL REFUND ON THE CRUISE FARE IN THE EVENT OF TRIP INTERRUPTION IF THE CHARTER FLIGHT IS NOT ABLE TO TAKE OFF BY THE END OF THE DAY  OF THE FINAL DAY OF ATTEMPTS. QEI WILL HAVE NO FURTHER LIABILITY WHATSOEVER. 

The interruption policy for QEI’s Antarctic Express programs are set forth in the Contingency Plan below. 

16.1     Contingency Plan: QEI’s Antarctic Express (8 and 11 Day Itineraries) 
QEI will make every effort to ensure the Antarctic programs take place, but due to weather conditions, flying in this region can be difficult and is beyond the control of QEI. The following table illustrates the last itinerary day on which an attempt will be made to fly: 

International airfare, domestic airfare, any additional services purchased or change fees, will not be refunded by QEI. QEI will provide a trip interruption letter to be submitted by the passenger to their insurance company for airfare, change fees, and other expenses incurred due to the trip interruption. 

QEI will issue the cruise fare refund back in the same form/medium in which payment was received. 

16.2 Contingency Plan Itinerary 
Day 1 
QEI reserves the right to send passengers on the charter plane the evening prior to the scheduled day. This may happen when we see a weather system that could cause a delay on subsequent days. It is for this reason that we request all passengers to arrive in Punta Arenas (PUQ) no later than 3:00pm on Day 1. There will be no refunds for passengers who miss the charter plane departure due to an arrival in Punta Arenas airport (PUQ) after 3:00pm. 

Day 2, 3, 4, 5, 6 
For each day of the itinerary after Day 1, if there is a delay, all guests will be briefed by the QEI ground staff on the flight status. Often we are waiting for a weather window to depart and could be required to leave with very little notice. All guests and staff will be on stand-by until notified by the QEI ground staff. 

During the stand-by period, you must be at the airport, or at another location designated by the QEI ground staff to be ready to go if and when a suitably long weather window becomes available. If an opportunity to fly does not present itself, you will be returned back to your respective hotels. QEI will provide additional night(s) hotel accommodation and meals.  
QEI reserves the right to make exceptions to the timing guidelines outlined in this section. 

16.3 Priority of Flight Departure (Antarctica) 
In some cases, there are instances where more than one operator is waiting for a weather window to fly passengers to King George Island using the same charter planes. In these cases, the priority is given to the passengers who were first delayed. 

16.4 Last Itinerary Day for Flight Attempts 
In the event that the charter flight is unable to fly on the final itinerary attempt day for any reason. With such final day being: 

•    Day 4 for the Antarctic Express: Fly the Drake 8-day itinerary 
•    Day 6 for the Antarctic Express: Crossing the Circle 11-day  

QEI will officially interrupt the Expedition and offer to rebook passengers on an alternative future Expedition. If an alternative future Expedition is not suitable, then QEI will issue a full refund for the full cruise fare and unused Adventure Options without any further obligation or liability on the part of QEI. 

In order for passengers to obtain reimbursement for their airfare and potentially other costs to change flights, QEI will provide trip interruption letters for all clients to submit to their travel insurance providers under the trip delay/interruption and cancellation clause (provided passengers have included airfare to be covered in their travel protection plan). QEI will provide one final additional night hotel accommodation for those guests on the day of cancellation. Any additional hotel nights and meals will be the responsibility of the guests. QEI reserves the right to make exceptions to the timing guidelines outlined in this section. 

16.5 Returning Passengers 
Passengers on board the Vessel during these delays 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 excursions are included. QEI advises all clients to book changeable airlines tickets along with cancellation and interruption insurance to assist with additional airline change fees. We advise all passengers to have flexible travel arrangements upon disembarkation of the Expedition if delays arise. QEI will not be held responsible for any change/cancellation fees due to weather related delays or any other delays arising from force majeure. No refund will be issued for any reason whatsoever. At the discretion of QEI, the Vessel’s Master and/or QEI’s Expedition Leader reserve the right to sail the Drake passage to a port of call for any reason whatsoever including, but not limited to, any Force Majeure Event.  
FOR CANCELLATION DUE TO ALL OTHER EVENTS OF FORCE MAJEURE, THE STANDARD NON-CONTINGENCY PLAN TERMS AND CONDITIONS OF QEI SHALL APPLY. 

16.6 Flight Changes due to Interrupted or Delayed Expedition 
For faster service QEI strongly recommends that all clients contact the Airline they are traveling on for changes directly. 

If flights booked with QEI: QEI ground staff are able to assist passengers that have booked their flights with QEI to make necessary flight changes. Any additional costs such as change fees or additional costs are the responsibility of the passengers. 

If flights booked with an external agent: You must contact that agent or the airline directly to change your flights as QEI ground staff are not able to access your flight information to make the necessary changes. 

17.0 Medical Treatment and Forms 
Medical forms will be sent to you via email link once the deposit has been received. You must review, complete and submit the forms by 90 days prior to departure or immediately if traveling within 90 days. Questions that relate to your physical or mental suitability must be completed by a medical practitioner. QEI CANNOT OFFER MEDICAL ADVICE.  
Medical forms must be filled out in full, honestly and accurately, and disclose all medical history and information. Should your medical situation change after submitting the medical forms, it is your responsibility to advise QEI immediately. QEI will review the information submitted and reserves the right to ask for further information, clarity on information, or for documentation from your medical practitioner. QEI reserves the right to deny passage to any passenger on reasonable medical grounds or disembark any passenger at any port or place at any time whose presence, in the opinion of the Expedition staff or Master of the Vessel, may be detrimental to the comfort or safety of himself, other travelers, the Vessel, its officers or crew, or who, in the opinion of the Expedition staff or Master of the Vessel, might be excluded from landing at any port or place by immigration or other governmental authorities. In addition QEI may remove or transfer the accommodations of or confine to a cabin/room, any passenger who may be suffering from contagious or infectious disease. 

For travelers that book within 120 days of departure, completed medical forms must be received within 7 days of making payment. QEI and/or Ultramarine Owner reserves the right to deny entry/boarding, without refund or resulting expenses, to any traveler at the pier or starting point of an Expedition itinerary for any reason at its sole discretion, including but not limited to in the event that the on board medical officer determines that the traveler has not disclosed accurate medical information. Before boarding the Vessel or joining an Expedition each traveler must have an adequate supply of all medicines and medical supplies needed as they may not be available on board the Vessel. This supply should be sufficient to cover and pre and post travel and any delays the traveler may suffer beyond the length of the Expedition. 
All medicines and all medical or surgical services furnished by the Vessel’s physician, if any, or any other physician or medical personnel (all of whom are engaged by the traveler as independent contractors) or Vessel’s officers, employees, agents of the Vessel owner or Expedition staff shall be and are accepted by and at the traveler’s sole risk and expense, and QEI and/or Ultramarine Owner shall not be responsible for the quality, nature or consequence thereof. 

18.0     Travel Documents, Baggage and Behavior on-board the Vessel 
The traveler must be in possession of a valid passport and any visas, permits, inoculations and certificates (including health certificates) that are required for the duration of the Expedition and be able to satisfy all requirements of all immigration, port or health authorities of the port(s) of disembarkation and of the country of ultimate destination. If immigration or other government authorities refuse a traveler permission to land, or give orders for deportation, the traveler shall be responsible for all costs incurred by the traveler, QEI and/or Ultramarine Owner and/or the carrier. The traveler must also arrange such vaccinations as are normally recommended for the countries through which they intend to travel. Information about these matters and climate, clothing, baggage, gear, and similar items is given in good faith but without responsibility on the part of QEI and/or Ultramarine Owner I. Each traveler must ensure each piece of baggage brought on board the Vessel is marked with the traveler’s full name and address. 

Each passenger on board a Vessel is allowed to bring aboard baggage not exceeding 250 pounds in weight and not exceeding 25 cubic feet in volume. The traveler may be charged for baggage in excess thereof at the Vessel owner’s current rate. QEI and/or Ultramarine Owner and the Vessel owner’s liability, if any, (and whether or not excess baggage is carried, declared and paid for) is limited to Two Hundred and Fifty ($250) US dollars in the event of loss, damage, or delay to any or all of the traveler’s baggage. A reasonable amount of space in a deposit box or safe on board, if the Vessel is so equipped, will be allowed to a traveler upon request. In consideration of such deposit box or safe being made available without extra cost, QEI and/or Ultramarine Owner and the Vessel owner’s liability, if any, for loss of, or damage to, any items deposited therein shall neither be created nor increased beyond the limits set out above. Loss of or damage to baggage during loading or disembarking must be reported by the traveler to the Expedition staff, Master, or Purser or other Vessel officer, prior to departing the baggage pickup area. Neither QEI nor Ultramarine Owner nor the Vessel owner shall be responsible for any such loss or damage which is not so reported. Neither QEI nor Ultramarine Owner nor the Vessel owner shall be responsible for any unchecked baggage, nor for any items or articles which the traveler retains under personal control in a cabin or elsewhere. In no event will QEI and/or Ultramarine Owner or the Vessel be liable for any damage to or loss of Baggage not in its custody. 

The traveler is responsible for payment of any excess baggage charges levied by the Vessel owner and agree not to bring on board any firearms, flammable, inflammable or hazardous items, controlled or prohibited substances or drugs, contraband or items prohibited by any country or port to be visited. The traveler shall not be entitled to get off from the Vessel at an intermediate port or place except as set out in the itinerary or with prior written approval of the Vessel owner or QEI and/or Ultramarine Owner and if the traveler does so it is at the traveler’s own risk and expense and no refund will be made in such cases. If such disembarkation violates any law, including United States Code, Title 46 Section 289, the traveler shall be liable to reimburse QEI and/or Ultramarine Owner and/or the Vessel owner for any penalty provided by statute, law or governmental regulation. If the traveler misses any scheduled sailing of the Vessel from any port or place, neither QEI nor Ultramarine Owner nor the Vessel owner shall be liable for any costs, expenses or damages incurred by the traveler as a result thereof, and the traveler shall not be entitled to any refund of the fare. 

All travelers must abide by all “Rules” and “Regulations” posted onboard the Vessel. Any questions about the “Rules” and “Regulations” should be directed to the Expedition staff or the Vessel’s Master or purser. 

The traveler acknowledges that the Master of the Vessel may alter the accommodation arrangements at any time and may allocate other accommodations to travelers. The fare and the standard of accommodations will, if possible, be substantially the same. The Vessel owner shall have a lien on (claim against and right to sell) the baggage, money (including the fare) and any other property accompanying the traveler to satisfy any claims it may have against the traveler. The Vessel owner may enforce this lien by public or private sale in any manner and without notice except where required by applicable law. 
No pets or animals are allowed on the Vessel. 

IMPORTANT, PLEASE READ: With respect to Expeditions onboard the Ultramarine, any references to “Quark” “QEI” or “Vessel Owner” in Sections 19 through 34 of these Terms and Conditions hereunder, shall include Ultramarine Owner. 

19.0     Compensation 
Compensation for personal injury is limited in accordance with the provisions of International Conventions, but only to the extent such International Conventions apply. These include, for example, in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation, and are limited to the provisions of, respectively, the Geneva Convention 1973, the Warsaw Convention as amended by The Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention. 

20.0     Disclaimer of Liability 
QEI purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its control. These suppliers are independent contractors and acts of independent contractors are not acts of QEI or carrier. Neither QEI, 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 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 QEI, 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 for transportation of the travel by any means and making arrangements for travel, hotel or other accommodation, QEI 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. You further understand that QEI neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold QEI responsible for their acts or omissions. In no event will QEI be responsible for incidental, consequential or special damage or loss suffered by any person. QEI’s maximum liability, for any reason whatsoever, will be limited to the amount paid to QEI for its services. Without limitation, QEI is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation or medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, or for any other reason beyond the control of QEI (each, herein referred to as an event or act of force majeure). You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein. 

QEI shall not be responsible for any injury to person, (including emotional injury or physical injury and whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising or military action occurring in the countries of origin, destination or passage. 

In case of a medical problem arising during the Expedition, either on board 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 traveler if costs incurred are above that of the Emergency Evacuation Insurance. The conditions of carriage in use by the carriers concerned (when issued) shall constitute the sole contract between the transportation companies and the purchaser of these services and/or passage. By accepting the ticket, the traveler also agrees to its terms and conditions. 

The traveler accepts that the Vessel owner does not undertake to carry as baggage any electronics, computers, merchandise, samples, furniture, household goods, tools of trade, property of persons other than the traveler, pictures, works of art, perishable or breakable goods, glassware, liquids, bric-a-brac, money, securities and notes, whether or not negotiable, documents, valuables, gold, silver, silverware, precious stones and metals or jewelry. If any such items or articles are brought aboard, the traveler expressly agrees that neither QEI nor the Vessel owner shall have any liability for loss or damage howsoever caused, even if by the negligence of QEI or the Vessel owner. The traveler is 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 Expedition. A traveler who violates this rule will be held liable for all resulting fines, losses, damages or delays. The traveler is not allowed to place in baggage any firearms or any flammable or inflammable matter of any kind, such as matches, gunpowder, fireworks, cigarette lighters, cartridges, films, etc. QEI and/or the Vessel owner may dispose of or destroy such items without liability. The traveler 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 travelers, Expedition staff, officers or crew or other persons caused by such hazardous articles brought on board by the traveler. 

Travelers using the services of any personal service personnel, if carried on board, or using athletic or recreational equipment, facilities or supplies, does so at the traveler’s own risk and expense, without any responsibility of QEI or the Vessel owner. 
Nothing in the brochure, or marketing or website is meant to signify the use of any specific design or model of helicopter. The images featured are inspirational in character and do not necessarily depict the exact people, animals and places encountered by travelers. 

21.0     Acknowledgment of Risk 
You understand and acknowledge that your travel in connection with and participation in the tour arranged at your request by QEI may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, directors, employees, contractors, subcontractors, officers or agents of QEI or of other participants, contractors and/or subcontractors to QEI. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your journey. 

22.0     Express Assumption of Risk and Responsibility/Participation 
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this tour in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, including emotional injury or injury to person or property, whether caused in whole or in part by the negligence, fault or wrongdoing, whether expected or not, of the owners, directors, agents, officers, employees, contractors, or subcontractors of QEI or of other participants. You understand and acknowledge that due to the remoteness of where we travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that 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). You understand and acknowledge that QEI reserves the right to accept or reject any participant for any reason, and QEI or its guide has the right to disqualify you from any Expedition activity, if in QEI’s or such guide’s judgment, you are incapable of that activity and/or your continued participation in the tour will endanger yourself or the safety of the group. It is your responsibility and obligation to inform QEI, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the tour or any activity on the tour. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to QEI. The traveler is hereby expressly advised that the Vessel may be powered or operated in whole or in part by nuclear power or a similar power and the traveler hereby accepts all risks, whether known or unknown, inherent therein and agrees that neither QEI nor the Vessel owner shall have any liability for injury, illness or death resulting therefrom. 

23.0     Release  
In consideration of the services and arrangements provided by QEI, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify QEI, and 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, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled Expedition and any activities conducted in conjunction therewith and shall include, without limitation, any loss caused by 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 loss, damage or delay arising from inherent defect, or vice or quality of the traveler’s baggage or from the insufficiency, inadequacy of absence of baggage marks or of address or description of such baggage; any loss or damage caused by delay in, or prevention of sailing, prolongation of the Expedition, deviation or stoppage in transit, or from 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. 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 THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS OR AFFILIATES OF QEI. 

24.0     Express Waiver of Consequential, Punitive or Exemplary Damages 
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against QEI its owners, officers, directors, agents, contractors and employees, for any reason whatsoever. 

25.0     Limitation of Liability, Personal Injury 
QEI and carrier are not liable for injury, illness or death of any passenger unless directly caused by the negligence of willful misconduct of QEI or carrier. 
Passenger understands and agrees that QEI shall have no liability for any injuries or damages resulting from events of force majeure.  The passenger assumes the normal risks of travel by sea.   In no event shall carrier be liable to passenger with respect to any occurrence taking place other than on the Vessel or launches owned or operated by QEI.  Pre- and post-cruise tours, shore excursions, helicopter flights, and any and all connecting ground, Vessel or air transportation and other tours may be owned and/or operated by independent contractors and QEI makes no representations and assumes no responsibility for such services. 
QEI and carrier hereby disclaims all liability to the Passengers for emotional distress, mental suffering/anguish, and psychological injury of any kind under any circumstances. Without limiting the preceding sentence, in no event will QEI or carrier be liable to the Passenger for any consequential, incidental, exemplary or punitive damages. 
On Cruises which do not embark, disembark or call at any United States Port and do not embark or disembark at any European Union Member State Port, QEI shall be entitled to any and all liability limitations, immunities and rights applicable to it under the “Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea” (“Athens Convention”). The Athens Convention limits the carrier’s liability to death or personal injury to a passenger to no more than 46,666 Special Drawing Rights as defined therein (approximately USD $64,510.71 as of January 2020, which amount fluctuates, depending on the daily exchange rate as printed in the Wall Street Journal). In addition, and on all other Cruises, all the exemptions from and limitations of liability provided in or authorized by the laws of the United States (including Title 46, United States Code Sections 30501 through 30509 and 30511) will apply. 

26.0     Mediation/Arbitration 
A)     The parties hereto agree that any and all disputes and claims that the each may have against the other that arise out of or relate to these Terms and Conditions and the Expedition including the breach, termination, enforcement, interpretation or validity of these Terms and Conditions, including the agreement to arbitrate (the “Arbitration Agreement”) 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 26, and not in court.  The only exceptions to this Arbitration Agreement are that (i) each party shall submit a Dispute on an individual basis in small claims court if such Dispute qualifies; and. (ii) each party may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. 

(B)     This Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.  This Arbitration Agreement will survive termination of this Agreement. 
(C)    If either the Passenger or QEI wants to arbitrate a Dispute, the Passenger or QEI must first send by mail to the other a written Notice of 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.  The Passenger’s Notice to QEI must be sent by mail to Attention: Customer Service, 3131 Elliott Ave, Suite 300, Seattle, WA 98121 USA.  QEI will send any Notice to the Passenger at the contact information QEI has for the Passenger or that the Passenger provides.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During the first 45 days after the Passenger or QEI sends a Notice to the other, the Passenger and QEI may try to reach a settlement of the Dispute.  If the Passenger and QEI do not resolve the Dispute within those first 45 days, either the Passenger or QEI may initiate arbitration in accordance with this Section 26.  
(D)    With respect to the non-Cruise portion of the Expedition: 
(1)     Any arbitration between the Passenger and QEI will be conducted by the American Arbitration Association (the “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 the Passenger and QEI cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue.  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 AAA in accordance with its rules and procedures, the Passenger must send a copy of this completed Arbitration Form to QEI.  
(2)     If the Passenger is seeking to recover $100,000 or less (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only.  Either the Passenger or QEI may request a hearing, however, and be responsible for the fees associated with it.  If the arbitrator recommends a hearing even if neither the Passenger nor QEI request one, QEI 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 manner and place of the hearing will be the State of Delaware, USA or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines. 
(E)    Subject to the provisions regarding small claims set forth hereinabove, any Dispute that arises out of or relates to the Cruise portion of the Expedition shall be referred to mediation under the Mediation Rules of the Society of Maritime Arbitrators, Inc. (SMA) of New York then in force.    If the mediation does not result in a settlement, the dispute shall be referred to arbitration before three SMA members under the Arbitration Rules of the SMA, one to be appointed by each of the parties and the third by the two so chosen.  Their decision or that of any two of them shall be final and binding, and judgment upon such arbitration award may be made a rule of a court of competent jurisdiction.   The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.  Notwithstanding anything contained herein to the contrary, should the sum claimed not equal or exceed US$100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), such Dispute is to be governed by the “Shortened Arbitration Procedure” of the SMA as defined in the SMA Rules for such procedure then in force.  Such rules are available at www.smany.org 
(F)     The Passenger and QEI agree to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding, , the 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. 

27.0     Exclusive Governing Law and Jurisdiction 
These Terms and Conditions and any Disputes, actions and legal proceedings whatsoever by the Passenger 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 these Terms and Conditions, passenger agrees this choice of law supersedes and pre-empts any provision of law of any other state or nation.   

28.0     Waiver of Jury Trial 
In connection with any action or legal proceeding arising out of these Terms and Conditions, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial. 
29.0     Class Action Waiver 
These Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on the traveler’s own behalf instead of through any class action. Even if the applicable law provides otherwise, the traveler agrees that any legal action against QEI whatsoever shall be litigated by the traveler individually and not as a member of any class or as part of a class action, and the traveler expressly agrees to waive any law entitling Guest to participate in a class action. 

29.0     Time Limit for Claims/Written Notices 
Any incident or accident resulting in injury, illness or death to the Passenger must be reported immediately to QEI and the Vessel’s officers, if such incident or accident occurs on or relates to the Cruise   QEI 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 your travel in connection with the scheduled Expedition and any activities conducted in conjunction therewith, unless full details in writing are given to QEI and the Vessel’s officers, 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 QEI within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. 

QEI will not be liable for any other claim, including but not limited to claims relating to a passenger’s baggage, any alleged violation of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising under, in connection with, or incident to this ticket or the Passenger’s Expedition, other than for injury, illness  or death, unless a detailed written claim is presented to QEI within 30 days of the date of the claim or alleged loss.  Suit must be filed by passenger within 6 months after the Passenger’s arrival at the final port listed on the ticket, or in the case of non-arrival, from the date on which the Passenger should have arrived.  Any such lawsuit must be brought by or on behalf of the individual passenger concerned.    
If a written claim is not made and suit is not filed within the time frame set forth above, then the Passenger waives and releases any right he or she may have to make any claim against QEI arising under, in connection with, or incident to this ticket or the Expedition.   
All written notices to QEI required or permitted by these terms and conditions must be mailed, postage pre-paid to QEI 3131 Elliott Ave, Suite 300, Seattle, WA 98121 USA 

30.0     Severability 
If any provision of these Terms and Conditions 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. 

31.0     Travel Agent 
Passenger acknowledges and confirms that any travel agent utilized by passenger in connection with the Expedition is, for all purposes, passenger’s agent and QEI shall not be liable for any representation made by said travel agent. Passenger shall remain liable at all times to QEI for the price of passage. Passenger understands and agrees that receipt of these Terms and Conditions or any other information or notices with respect to the Expedition by passenger’s travel agent shall be deemed receipt by the passenger as of the date of receipt by the agent. Passenger acknowledges that QEI is not responsible for the financial condition or integrity of any travel agent. 

32.0     Use of Likeness 
You hereby grant QEI the irrevocable right and permission to capture and use your name/photograph/image/voice/audio recording/video recording/ and likeness (collectively, “Your Images”) while on your tour for future publicity and promotional material in all forms or manner, without payment or other consideration. Travelers who do not wish to be photographed during the Expedition must inform QEI in writing prior to the Expedition. In addition, you hereby grant QEI the irrevocable right and permission to reproduce or use any portion or all of any photograph/image/voice/audio recording/video recording/ that have been taken by you and submitted to QEI (collectively with Your Images, the “Images”) in any and all of its media, brochures, publications, including web-based publications, without payment or other consideration.  You understand and agree that all Images will become the property of QEI and will not be returned. You hereby irrevocably authorize QEI to edit, alter, copy, exhibit, publish, or distribute these Images for any lawful purpose. In addition, you waive any right to inspect or approve the finished product any right to royalties or other compensation arising or related to the use of the Images. 

33.0     Passenger Bill of Rights 

In the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. 
  

34.0     Entire Agreement 
These Terms and Conditions 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, PLEASE READ: Your purchase is subject to your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you will not be eligible to participate in your Expedition. Should you have any questions, please contact a Polar Travel Adviser or your booking Agent. 

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.