Andorra: Hike, Bike & Raft

Standard Booking Conditions — International

(Applies to bookings made from all regions except UK and the European Economic Area, please scroll down for UK and European Economic Area conditions).

If you are booking from the United Kingdom or Europe, please refer to the specific Booking Conditions that apply to these regions.

The Booking Conditions in place when you make your booking will apply to your trip. If you are rebooking a trip with a credit voucher you will be agreeing to the most current version of the Booking Conditions in place when you rebook.

Please read and understand the conditions of booking set out below (Booking Conditions) prior to booking a trip with us as they set out your legal rights and obligations in relation to your booking.

Please also read the Essential Trip Information and Important Notes relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. The Essential Trip Information and Important Notes relevant to your Trip are located on our website.

For any additional terms that may apply to your trip please also see the Special Conditions and references to other terms within these Booking Conditions.

Overview

General terms

Your info and privacy

Payments and pricing

Cancellations and booking changes

Inclusions

Travel requirements

If things go wrong

General terms

Your booking contract is with your local Intrepid entity as set out in clause 27, acting as agent for Intrepid Travel Pty Ltd (ABN 35 007 172 456) (us/we/our). By booking a trip with us you have agreed to be bound by the terms and conditions set out or referenced in:

these Booking Conditions;

Essential Trip Information and Important Notes that apply to your trip; and

any Special Conditions or Promotional Terms that may apply,

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

Your booking will be accepted by us on this basis. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

Bookings made on behalf of others

If you make a booking on behalf of other travellers (for example, family or friends travelling with you):

You are deemed the Primary Contact for that booking and represent that you are authorised to act on behalf of all travellers named in the booking in relation to all matters concerning the booking (including amendments and cancellations), unless we are notified otherwise in writing by a traveller named in the booking.

Before making the booking, you must ensure that each traveller named in the booking is informed of:

these Booking Conditions;

the Essential Trip Information and Important Notes that apply to the trip; and

any Special Conditions  or Promotional Terms that may apply.

If you are a traveller named in a booking made by a Primary Contact, you agree that the Primary Contact may amend or cancel your booking on your behalf and you will be bound by their actions, unless you notify us in writing that they are not authorised to do so.

Your info and privacy

2. Privacy policy

Any personal information that we collect about you will be handled in accordance with our Privacy Policy. 

If you are the Primary Contact and providing us with the personal information of another person, such as when you make a booking on behalf of a group, request visa support services for others in your group or provide details of an emergency contact or medical conditions, you must ensure that you inform these persons of the information that you intend to provide to us, and that those you represent are aware of the content of our Privacy Policy and consent to the disclosure of their personal information to us.

You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.

Payments and pricing

3. Deposit requirement

You are required to pay a non-refundable deposit for your booking to be confirmed. You are required to pay a deposit of AUD$400, NZD$400, CAD$400, USD$400, ZAR4000 per person per trip, unless otherwise stated in the Special Conditions. If your booking is made within 56 days of the departure date then the full amount is payable at the time of booking. Deposit amounts vary for selected trips and special campaigns that may be run by us from time to time, as set out in and subject to the Special Conditions.

4. Acceptance of booking and final payments   

If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue the confirmation invoice or if you book within 56 days of departure the contract will exist when we accept your payment. If for any reason we do not accept a booking and a payment has been made, then this will be promptly refunded. 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 56 days before the departure date, except as otherwise set out in the Special Conditions.

If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 3 days after the reminder, you will be deemed to have cancelled your booking and any cancellation charges outlined at clause 6 (Cancellation by You) will apply.

5. Prices and surcharges 

Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip 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. 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 we have confirmed your booking (in accordance with clause 4 (Acceptance of booking and final payments) 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).

The most up to date pricing is available on our website. Prices are based on currency exchange rates at the time of publication; note that prices may vary depending on which currency the booking is made. We endeavour to ensure that all pricing and other information on our website is accurate. However, it is always possible that, despite our efforts, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice. If you have made a payment prior to us sending your booking confirmation invoice which contains amended prices, then you can give us notice within 7 days to cancel your booking in which case we will refund you in full. If you do not provide this notice you will be deemed to have accepted the revised price.

We reserve the right to impose surcharges up to 56 days before departure due to unfavourable changes in exchange rates, fuel surcharges imposed on us, increases in airfares or other transportation costs outside our control, or increases to government taxes, levies, permits or charges.  In such instances we will absorb increases up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip 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.

Cancellations and booking changes

6. Cancellation by you  

If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation from you that you wish to cancel. If you cancel a trip:

a)  56 days or more prior to departure, we will hold your deposit amount as a credit (Deposit Credit);

b)  between 31 and 55 days prior to departure, we charge a cancellation fee of 30% of the total booking cost;

c)  between 30 and 15 days prior to departure, we charge a cancellation fee of 60% of the total booking cost; or

d) 14 days or fewer prior to departure, we charge a cancellation fee of 100% of the booking cost.

Any Deposit Credit may not be applied to the same or similar dates of travel.  

Note that different cancellation conditions apply to some styles of trips and additional services as set out in the Special Conditions and the Essential Trip Information relating to your trip. You are strongly advised to take out cancellation insurance at the time of booking.

If you leave a trip for any reason after it has commenced (other than where we cancel it for operational reasons), we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made for unused services.. Please refer to clause 20 (Liability), which provides more information about your rights under Australian Consumer Law which may apply to your cancellation.

7. Cancellation by us

Our trips are guaranteed to depart once they have one fully paid customer unless:

a)minimum group size specifically states otherwise (which is stated in the trip page or on our website) in which case we will give you notice of cancellation no less than 30 days prior to the trip’s cancellation; or

b)otherwise terminated in accordance with these Booking Conditions.

In the event that we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, unless your trip is cancelled due to a Force Majeure Event (as defined below in clause 8) in which case your rights are set out in clause 8.

We will not be responsible for any incidental expenses that you may have incurred including but not limited to visas, vaccinations, travel insurance or non-refundable flights resulting from our cancellation under these Booking Conditions.

8. Cancellations by You or Us due to Force Majeure

Prior to your trip’s commencement

In addition to the cancellation rights set out above:

a) we may cancel a trip due to a Force Majeure Event occurring at your holiday destination or its immediate vicinity and which significantly affects the performance of the trip or significantly affects the transport arrangements to the destination where the trip is scheduled to commence; or

b) you may cancel your booking if any Force Majeure Event (excluding the failure or delay of commercial airlines) directly prevents you from travelling to the destination where the trip is scheduled to commence or if government restrictions make it impractical for you to make use of the trip (for example, quarantine requirements).

In these circumstances, Intrepid will offer you:

      a) a 100% credit of monies paid for your trip; or

      b) a refund minus unrecoverable costs.

After your trip’s commencement

If the cancellation due to a Force Majeure Event occurs after your trip has commenced, Intrepid will offer you:

     a) 100% credit for the days that remain on your trip; or

     b) refund minus unrecoverable costs of the days that remain on your trip.

A “Force Majeure Event” means any event or circumstance  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 and includes but is not limited to: acts of God; cyber incident; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; 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.

In the event of any cancellation in these circumstances, 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.

Important note regarding credit:

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined above.

Unless specified otherwise in the Special Conditions, any credit issued under these Booking Conditions:

does not have an expiry date;

may be applied towards any other available trip offered by us, except in the case of Deposit Credits which may not be applied to the same or similar dates of travel of the original booking;

is not transferrable to another person or redeemable for cash; and

may not be used to book flights or insurance as they will have their own booking conditions.

9. Booking amendments 

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. You will be required to pay any additional costs charged by suppliers and/ or an amendment fee to cover our administration costs.

No amendments are permitted to your booking within 56 days of departure.

Inclusions

10.  Inclusions  

The land price of your trip includes as described in the Essential Trip Information:

all accommodation as listed in the Essential Trip Information

all transport as listed in the Essential Trip Information

sightseeing and meals as listed in the Essential Trip Information

the services of a group leader as listed in the Essential Trip Information

11. Exclusions  

The land price of your trip 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 Essential Trip Information

visa and passport fees

travel insurance

optional activities and all personal expenses.

Travel requirements

12. Your details  

For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they 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 we also require you to complete and forward a Self-Assessment form which will be provided to you by your sales representative. For more information about how we treat your personal information please refer to our Privacy Policy.

13. Age & Health requirements

Minimum Age:

For the majority of our trips, the minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Maximum Age:

For the majority of our trips, we have no upper age limit.

Health

Our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See clause 6 Cancellation By You).

Emerging Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the tour.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See clause 6 Cancellation By You).

Please refer to the Special Conditions and the Essential Trip Information that relates to your trip.

14. Additional Terms

For additional terms that apply to certain trips, please see the Special Conditions.

Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. Specifically, the ground suppliers of our trips in North America require a waiver to be agreed and signed by you on day 1 of your trip, in order to meet their insurance requirements. If you do not sign this waiver your participation may be denied and you will not be entitled to any refund.

Some activities on your trip (such as adventure or high-risk activities) may require you to sign a separate waiver or release form provided by the supplier as a standard part of its business. If you choose not to sign the required waiver, the supplier may not deny participation and you will not be entitled to a refund for that activity.

15. Passport 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 us and/or 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 within the final destination 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.

16. Travel Insurance

Travel insurance is mandatory for all our travellers and must be taken out within a reasonable time after booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company's 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip 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.

If things go wrong

17. Change of itinerary

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 trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary. 

Before departure: If we make a significant change we will inform you as soon as reasonably possible if there is time before departure. The definition of a significant change is deemed to be a change affecting at least one day in five of the itinerary. When a significant change is made you may choose between accepting the change and paying any additional costs associated with the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative trip offered.

After departure: We reserve the right to change an itinerary after departure due to unforeseen adverse local circumstances materially affecting the operation of the trip or a Force Majeure Event. In such emergency circumstances, the reasonable additional costs of any necessary itinerary alterations will be covered by you.

Please note we are not responsible for any incidental expenses that may be incurred as a result of any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights.

18. Behaviour and conduct

Our trips are generally run by group leaders, local representatives, crews or skippers (“Leaders”). You must at all times comply with the laws, customs and drug regulations of all countries visited, as well as the requirements of our Community Guidelines and our Responsible Travel Guidelines

If, in our or the Leader’s reasonable opinion, your behaviour is illegal, unsafe, inappropriate, breaches our Community Guidelines or Responsible Travel Guidelines in a non-trivial way, interferes with the well-being of other participants, or materially affects our ability to run the trip as planned, the Leader may in their discretion direct you to leave the trip immediately, at your own cost and with no right to a refund. We may also, at our discretion, place you on our “deny list”, meaning you will not be permitted to travel with us on any future trips booked, and standard cancellation fees will apply. For the avoidance of doubt, this clause applies to unacceptable behaviour displayed before and after your trip.

19. Acceptance of risk

You acknowledge that the nature of the trip 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 acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.

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, we accept no liability in relation to these additional risks.

You acknowledge that some trips visit and include overnight accommodation in remote areas which are located considerable distances from hospitals, medical centres or other forms of medical facilities. It may take many hours before you receive any professional medical attention.

You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our (and our suppliers’) personnel providing you with first aid on the basis that: (a) they are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by air. You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf.

Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when in motion. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death

Other terms

20. Liability and service guarantee

We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of trip. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of the travel arrangements forming your trip (as may be referred to in your booking confirmation invoice); and (b) the delivery of travel arrangements which we directly control, own or operate (“Services”),

“Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).

20.1 (Limitation of Liability) To the maximum extent permitted by law (including the CCA) 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 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 any rights you may have under the CCA.

20.3 (Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms as set out in clause 14. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

Our obligation regarding Third Party Suppliers is to take reasonable care when selecting them and to arrange for them to deliver services forming part of your trip for your benefit. We are not responsible for their acts or omissions, whether negligent or otherwise. Any disputes between you and any third party, are to be resolved solely between you and that party.

20.4 (Recreational Services) If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the CCA resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct. Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i) involves a significant degree of physical exertion or physical risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

21. Optional activities

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

22. Claims & complaints

If you have a complaint about your trip 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 to us within 30 days of the end of the trip through our General Enquiries page.

23. 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 then 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.

24. Applicable law

The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause 24, affects your rights as a consumer to rely on any applicable local laws. However, to the extent permitted by those laws, we limit or exclude those rights to the fullest extent possible.

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).

 Registered Address of Intrepid Travel Pty Ltd (ABN 35 007 172 456) Level 7, 567 Collins St, Melbourne VIC, 3000, Australia.

26. Indemnity from Parent/Guardian

Where a participant is under the age of 18, the parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers, employees and agents) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the trip, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to be bound by these Booking Conditions in their own behalf.

27. Booking entity

Depending on the country or region you are making your booking from, you will be booking through the following Intrepid entity acting as an agent on behalf of Intrepid Travel Pty Ltd (ABN 35 007 172 456):

Australia: Intrepid Travel Australia Pty Ltd (ABN 34 126 440 033)

New Zealand: Intrepid Travel New Zealand Limited 

1836592)

United States: Intrepid US, Inc 

Canada:  Intrepid Travel Incorporated (BN 811474477)

Rest of the World (including European countries that are not part of the European Economic Area): bookings are made directly with Intrepid Travel Pty Ltd (ABN 35 007 172 456) 

If you are booking through a third party travel agent, the Intrepid entity is Intrepid Travel Pty Ltd (ABN 35 007 172 456).

28. Promotional terms

From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.

Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.

UK Booking Conditions

The Booking Conditions in place when you make your booking will apply to your trip. If you are rebooking a trip with a credit voucher you will be agreeing to the most current version of the Booking Conditions in place when you rebook.

These Booking Conditions apply to bookings made within the United Kingdom.

Please read and understand the conditions of booking set out below (Booking Conditions) prior to booking a trip with us as they set out your legal rights and obligations in relation to your booking.

Please also read the Essential Trip Information and Important Notes relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. The Essential Trip Information and Important Notes relevant to your Trip are located on our website.

For any additional terms that may apply to your trip please also see the Special Conditions and references to other terms within these Booking Conditions.

Your attention is particularly drawn to the following clauses which contain important information about your rights and the extent of our liability to you: 6 (Cancellation by you), 7 (Cancellations or changes by us), 9 (Amendments by you), 20 (Our responsibility for the performance of your package), and 21 (Price Reduction and Compensation for Damages).

Overview

General terms

Your info and privacy

Payments and pricing

Cancellations and booking changes

Inclusions

Travel requirements

If things go wrong

Other terms

General terms

1. Our contract  

Your booking is made with Intrepid Travel Group UK Limited (01826936) who is the organiser of your package and general sales agent on behalf of Intrepid Travel Pty Ltd (ABN 35 007 172 456) (us/we/our).  Any indirect bookings made via a third-party agent, are made with Intrepid Travel Pty Ltd (ABN 35 007 172 456.) 

By booking a trip with us you have agreed to be bound by the terms and conditions set out or referenced in:

 (a) these Booking Conditions; 

 (b) Essential Trip Information and Important Notes that apply to your trip; and

 (c) any Special Conditions or Promotional Terms that may apply,

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

Your booking will be accepted by us on this basis. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

Bookings made on behalf of others

If you make a booking on behalf of other travellers (for example, family or friends travelling with you):

You are deemed the Primary Contact for that booking and represent that you are authorised to act on behalf of all travellers named in the booking in relation to all matters concerning the booking (including amendments and cancellations), unless we are notified otherwise in writing by a traveller named in the booking.

Before making the booking, you must ensure that each traveller named in the booking is informed of:

these Booking Conditions;

the Essential Trip Information and Important Notes that apply to the trip; and

any Special Conditions  or Promotional Terms that may apply.

If you are a traveller named in a booking made by a Primary Contact, you agree that the Primary Contact may amend or cancel your booking on your behalf and you will be bound by their actions, unless you notify us in writing that they are not authorised to do so.

Your info and privacy

2. Privacy policy 

Any personal information that we collect about you will be handled in accordance with our Privacy Policy. 

If you are the Primary Contact and providing us with the personal information of another person, such as when you make a booking on behalf of a group, request visa support services for others in your group or provide details of an emergency contact or medical conditions, you must ensure that you inform these persons of the information that you intend to provide to us, and that those you represent are aware of the content of our Privacy Policy and consent to the disclosure of their personal information to us.

Advance Passenger Information: A number of Governments have requirements for air carriers to provide personal information about all travellers on their aircraft to the relevant Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Other modes of transport (such as sea or rail) may have similar requirements. Where we collect this data, we will treat it in accordance with our Privacy Policy. 

You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.

Payments and pricing

3. Deposit requirement

You are required to pay a deposit for your booking.  You are required to pay a deposit of GBP200 per person per trip, unless otherwise stated in the Special Conditions.  If your booking is made within 56 days of the departure date then the full amount is payable at the time of booking. Deposit amounts vary for selected trips and special campaigns that may be run by us from time to time, as set out in and subject to the Special Conditions.

4. Acceptance of booking and final payments

If we accept your booking, we will issue you with a booking confirmation invoice.  A contract will exist between you and us from the date we issue the confirmation. If for any reason we do not accept a booking and a payment has been made, then this will be promptly refunded. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 56 days before the departure date, except as otherwise set out in the Special Conditions. 

If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 3 days after the reminder, you will be deemed to have cancelled your booking and any cancellation charges outlined at clause 6 (Cancellation by You) will apply.

5. Prices and surcharges  

Our advertised trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip 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. 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 we have confirmed your booking (in accordance with clause 4 (Acceptance of booking and final payments)) 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).

The most up to date pricing is available on our website. Prices are based on currency exchange rates as at the date of publication; note that prices may vary depending on which currency the booking is made. We endeavour to ensure that all pricing and other information on our website is accurate. However, it is always possible that, despite our efforts, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice.

We reserve the right to change the price of your trip after we have issued our booking confirmation invoice in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in your booking imposed by third parties not directly involved in the performance of your trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates relevant to your trip. We will only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your package, together with a calculation and an explanation for this change.  In such instances we will be responsible for and absorb any increase up to 2% of the trip price and you will be responsible for the amount over and above that. If any price increase results in an increase of more than 8% of the trip price you may: (i) accept and pay for the price increase, (ii) cancel the booking and obtain a full refund; or (iii) cancel the booking, obtain a full refund and change to an alternative holiday, if available and offered by us. You must tell us of your decision within 7 days of us notifying you of the price increase. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the booking and provide you with a refund. If you decide to reject the price increase and cancel the booking with a full refund, you may also be entitled to compensation in accordance with clause 21 below.

Should the cost of your trip decrease due to the changes mentioned above then you will be entitled to a price reduction for your trip. We will be entitled to deduct our administrative expenses of this process, for which we will provide a breakdown if you ask.

Please note that travel arrangements are not always purchased by us in local currency and so changes in exchange rates may have no impact on the cost of your trip due to the arrangements we have in place. Air Passenger Duty is included in the price of your air inclusive trip. Please note that a surcharge may be applied to a purchase made by credit card or through Paypal.

Cancellations and booking changes

6. Cancellation by you  

If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective once your sales representative has received written confirmation from you that you wish to cancel.

The deposit and all other payments for the trip that we have received from you will be put towards the cancellation fees detailed below. In the event that you do cancel your booking, and the amount you have already paid does not cover the cancellation fees set out below, you must pay any difference between the amount you have paid and the cancellation fee applied. In accepting these Booking Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time.

If you cancel a trip:

(a) 56 days or more prior to departure, we will hold your deposit amount as a credit (Deposit Credit);

(b) between 31 and 55 days prior to departure, we charge a cancellation fee of 30% of the total booking cost; 

(c) between 30 and 15 days prior to departure, we charge a cancellation fee of 60% of the total booking cost; or

(d) 14 days or fewer prior to departure, we charge a cancellation fee of 100% of the booking cost.

Any Deposit Credit may not be applied to the same or similar dates of travel.

Note that different cancellation conditions apply to some styles of trips and additional services as set out in the Special Conditions and the Essential Trip Information relating to your trip. You are strongly advised to take out cancellation insurance at the time of booking.  

If you leave a trip for any reason after it has commenced (other than where we cancel it for operational reasons), we are not obliged to make any refunds for unused services.  If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made for unused services. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

7. Cancellation or changes by us

Minimum Group size: Our trips are guaranteed to depart once they have one fully paid customer unless minimum group size is specifically stated on the trip page or on our website, and subject to reasonable itinerary changes as described in these Booking Conditions. If the minimum group size is not met we may (i) cancel your booking and provide you with a full refund or (ii) amend the itinerary.  A change to the itinerary may be a Minor Change or a Significant Change, for which see below.

From time to time we may need to make a change to your booking and we reserve the right to do so at any time.

Minor Changes: Most changes are ‘Minor Changes’ which we are permitted to make without incurring any liability to you. A Minor Change may include, for example, but is not limited to: any change to a route and/or stopping points, a change of accommodation to another of the same or better standard with the same main features in the same destination, or changes to services available at your accommodation. A change of flight time by less than 12 hours or a change of airline or aircraft will also usually be a Minor Change.

Significant Changes: Occasionally we may need to make a ‘Significant Change' that we are constrained to make to the main characteristics of your booking, or where we cannot fulfil any of your special requirements which we have accepted. A Significant Change could include a change affecting at least one day in five of the itinerary, a change of accommodation to a different area/resort or to that of a lower standard for the whole or a significant part of your trip. It may also include a change of flight departure time (or the commencement of another part of your trip) by more than 12 hours.

If we must make a Significant Change, we will tell you as soon as possible and you will have the option of: 

a) accepting the proposed change. If this results in a booking or trip of lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below; or

b) rejecting the proposed change and cancelling your booking with a full refund of monies paid; or

c) rejecting the proposed change, cancelling your booking and making an alternative booking if we offer this. If you decide to take an alternative booking, we will inform you of its impact on the price of your booking. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below.

Cancellation: On rare occasions we may have to cancel your booking (for reasons other than those set out at clause 8), and we reserve the right to do so. If we must cancel, we will notify you as soon as possible. We will also offer you an alternative booking if we are able to do so, and inform you of its impact on the price of your trip. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the booking.

We will tell you the procedure for making your choice. Please read any notification carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled. 

If you choose to accept a refund we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

We will not pay you compensation and the options set out above will not be available if we make any change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Important Note regarding credit:

In place of a refund, we may offer you the choice of a credit voucher instead of a cash refund when you are entitled to a full or partial refund. Unless specified otherwise in the Special Conditions, any credit issued to you:

does not have an expiry date;

may be applied towards any other available trip offered by us, except in the case of Deposit Credits which may not be applied to the same or similar dates of travel of the original booking;

is not transferrable to another person or redeemable for cash;

may not be used to book flights or insurance as they will have their own booking conditions; and

in the unlikely event of Intrepid’s insolvency, the credit will not be protected by ABTA’s scheme of financial protection but may be protected under your credit or debit card chargeback rights. Upon rebooking a trip using credit, please see clause 25 (Financial Protection) for information about what consumer protection will apply to this booking.

8. Cancellation by You or Us due to Unavoidable and Extraordinary Circumstances: 

In addition to the cancellation rights set out above, you have the right to cancel your confirmed holiday before departure, and we may be required to cancel your trip in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination.

In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation (provided we have notified you without undue delay before the start of your trip). If the cancellation due to a Force Majeure Event occurs after your trip has commenced, Intrepid will offer you refund minus unrecoverable costs of the days that remain on your trip.

For the purposes of this clause 8, “unavoidable and extraordinary circumstances” means any event beyond our or our suppliers’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare, acts of terrorism (and threat thereof), industrial disputes, labour strikes, fire, cyber incident, chemical or biological disaster, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the destination.

When determining whether or not cancellation rights for unavoidable and extraordinary circumstances have arisen, we consider the advice of national authorities such as where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. Please visit the Foreign, Commonwealth and Development Office’s (“FCDO”) website to review the latest travel advice about your destination.  However, this is not the only factor we take into account in determining whether these cancellation rights have arisen.

Except as set out in these Booking Conditions, we and our suppliers have no responsibility or liability to you for any failure to perform, or a delay in performing, any obligations owed to you which are caused by unavoidable and extraordinary circumstances.

Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9. Booking amendments by you and transfers of bookings

Transfers to a third party are only permitted when operationally possible and where the transferee meets all the requirements in relation to the trip. You and the transferee will be jointly and individually liable for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. No amendments are permitted to your booking within 56 days of departure.

However, if you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions: 

(a) that person is introduced by you and satisfies all the conditions applicable to the holiday;

(b) we are notified not less than 7 days before departure;

(c) you pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer which we will notify you of on your request to transfer;  and 

(d) the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee will be jointly and individually liable for payment of all sums. If you are unable to find a replacement, any cancellation charges set out in clause 6(Cancellation by you) will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

If you wish to make a change to your booking after we have issued our booking confirmation invoice, please contact us. We will try to accommodate your request but do not have a legal obligation to do so. Please understand that it is often not possible for us to as changes may depend on availability and the terms and conditions of our suppliers. Change fees may be payable in some circumstances.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation fee of up to 100% of that part of the trip. 

Inclusions

10. Inclusions   

The land price of your trip includes:

all accommodation as listed in the Essential Trip Information

all transport listed in the Essential Trip Information

sightseeing and meals as listed in the Essential Trip Information

the services of a group leader as described in the Essential Trip Information

11. Exclusions   

The land price of your trip 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 Essential Trip Information

visa and passport fees

travel insurance 

optional activities and all personal expenses

Travel requirements

12. Your details  

For us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they 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 we also require you to complete and forward a Self-Assessment form which will be provided to you by your sales representative. For more information about how we treat your personal information please refer to our Privacy Policy.

​13. Age & Health requirements 

Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel.  All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.  The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Maximum Age: For the majority of our trips we have no upper age limit.

Health

Our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.  We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.  

Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See clause 6 Cancellation By You).

Emerging Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the tour.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (see clause 6 Cancellation By You).

Please refer to the Special Conditions and the Essential Trip Information that relates to your trip.

14. Additional terms

For additional terms that apply to certain trips, please see the Special Conditions.  

Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. Specifically, the ground suppliers of our trips in North America require a waiver to be agreed and signed by you on day 1 of your trip, in order to meet their insurance requirements. A copy of this waiver can be provided to you prior to departure on request.  If you do not sign this waiver your participation may be denied and you will not be entitled to any refund.

Some activities on your trip (such as adventure or high-risk activities) may require you to sign a separate waiver or release form provided by the supplier as a standard part of its business. If you choose not to sign the required waiver, the supplier may not deny participation and you will not be entitled to a refund for that activity.

15. Passport and visas  

We will provide information about the passport and visa requirements for your trip.

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 us and/ or 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 within the final destination 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 all of the costs you incur as a result of missing or defective documentation. You also 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.

16. Travel insurance 

Travel insurance is mandatory for all our travellers and must be taken out at the time at a reasonable time after booking.  Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 (or GBP equivalent) for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company's 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip 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.

If things go wrong

17. Change of itinerary

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 trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration sometimes without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary, which may be before or after your departure. We will notify you of any changes to the itinerary.

Before departure:  If we make a Significant Change, the ‘Significant Change’ section in clause 7 (Cancellation or changes by us) above will apply.

After departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.   Where this occurs, we will, make alternative arrangements for you at no extra charge. If the alternative arrangements are of a lower quality you will be entitled to a price reduction in accordance with clause 21 below and you may be entitled to compensation for any damage you sustain as a result of the package being changed.

18. Behaviour and conduct

Our trips are generally run by group leaders, local representatives, crews or skippers (“Leaders”). You must at all times comply with the laws, customs and drug regulations of all countries visited, as well as the requirements of our Community Guidelines and our Responsible Travel Guidelines

If, in our or the Leader’s reasonable opinion, your behaviour is illegal, unsafe, inappropriate, breaches our Community Guidelines or Responsible Travel Guidelines in a non-trivial way, interferes with the well-being of other participants, or materially affects our ability to run the trip as planned, the Leader may in their discretion direct you to leave the trip immediately, at your own cost and with no right to a refund. We may also, at our discretion, place you on our “deny list”, meaning you will not be permitted to travel with us on any future trips booked, and standard cancellation fees will apply. For the avoidance of doubt, this clause applies to unacceptable behaviour displayed before and after your trip.

19. Acceptance of risk 

You acknowledge that the nature of the trip 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 acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. 

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, we accept no liability in relation to these additional risks.

You acknowledge that some trips visit and include overnight accommodation in remote areas which are located considerable distances from hospitals, medical centres or other forms of medical facilities. It may take many hours before you receive any professional medical attention.

You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our (and our suppliers’) personnel providing you with first aid on the basis that: (a) they are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by air. You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf.

Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when in motion. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death

20. Limitation of liability 

To the extent applicable, when you book directly through Intrepid, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (UK) (PTR).

For direct bookings, as the organiser, we are responsible for the performance of all travel services included in your package, which are set out in your booking confirmation invoice.

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package (Failure). This will give us the opportunity to resolve the Failure whilst you are on your trip. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with clause 21.

When alternative arrangements may be offered

If a significant portion of your package cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of your trip. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described in clause 21 below.

You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in your booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with clause 21.

Remedy for a Failure

If a Failure substantially affects the performance of your package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your trip or terminate your booking without paying a termination fee.

If you decide to terminate, then if your package included carriage to the destination, we will also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with clause 21.

Additional accommodation in the event of Unavoidable and Extraordinary Circumstances

Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday.

If a longer period of accommodation than that referred to above is provided for in Passenger Rights Legislation (as described in the PTR) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of unavoidable or extraordinary circumstances, then the limits set out in such legislation will apply instead.

The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: whether the complaints procedure as described in these Booking Conditions was followed and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

21. Price Reduction and Compensation for Damages

You will be entitled to an appropriate price reduction for any period during which there is a Failure (as described in clause 20 above), unless the Failure is attributable to you.

You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:

 i.    attributable to you;

 ii.   attributable to a third party unconnected with the provision of the services included in your package and the event is unforeseeable or unavoidable; or

 iii.   due to unavoidable and extraordinary circumstances .

Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation: the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955 and Montreal Convention 1999 (travel by air), Berne Convention 1961 and COTIF 1999 (travel by rail) Athens Convention 1974 (travel by sea) and Paris Convention 1962 (provision of accommodation). We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions. We can provide copies of these conventions from our offices upon request. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract. In any circumstances in which a carrier is liable to you by virtue of UK (EU) 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

Our liability to you in connection with your Package shall be limited to a maximum of three (3) times the price paid except in cases involving death, injury or illness where we or the travel service providers have caused such damage intentionally or with negligence.  In the case of damaged property, our liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases we specifically exclude all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

You agree to assign to us your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury and you must provide us and our insurers with all assistance we may reasonably require. You must notify any claim to us strictly in accordance with the complaints procedure set out in these Booking Conditions.

Flight Notice, Flight Information and Flight “Blacklist”.

This notice is required by and The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 and European Community Regulation (EC) No.889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage:

This information notice summarises the liability rules applied by UK air carriers as required by the legislation and the Montréal Convention. 

Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages, up to 100,000 SDRs (approximately £80,000 ), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. 

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000).

Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300).

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800). 

Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. 

Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier, or other transport provider, as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.

Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

The time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. 

The basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the United Kingdom in respect of UK air carriers.

The UK Air Safety List contains a list of foreign airlines which do not fulfil the necessary international safety standards: https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/. Equally, in accordance with EU directive (EC) no. 2111/2005, Article 9 (as enacted in English law), we are required to bring to your attention the existence of a ‘CAA list’ which contains details of air carriers that are subject to an operating ban within the UK. This list is available for inspection at https://www.caa.co.uk/Data-and-analysis/Safety-and-security/Banned-airlines-list. We are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our confirming documents. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Any change in the identity of the airline, flight timings and/or aircraft type will not entitle you to cancel or change to other flight arrangements without paying charges, except where specified.

Flight times can change for a number of different reasons. You should always look to reconfirm your flights 48 hours prior to departure to ensure that no changes to your flight schedule have occurred.

22. Optional activities 

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice, given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

23. Claims & complaints 

General claims

If you have a complaint about your trip you must 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 to us within 30 days of the end of the trip through our General Enquiries page. Failure to follow the procedure set out in this clause 23 may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under these Booking Conditions.  If we can’t resolve your complaint, you can go to Citizens’ Advice: https://www.citizensadvice.org.uk/

We are also a Member of ABTA, membership number Y0766. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

Insolvency claims

Please see clause 25 (Financial protection – ABTOT and ATOL) for more detail about how to make a claim in the unlikely event of Intrepid’s insolvency.

24. 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 then 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.

25. Financial protection – ABTOT and ATOL

The PTR require us to provide security for the monies that you pay for the package holidays directly booked from us and for your repatriation in the event of our insolvency.

Non-flight inclusive packages: ABTOT

In accordance with customer protection policy for insolvency cover in respect of the PTRs, if you booked directly with Intrepid your booking is protected for the initial deposit, and subsequently for all monies paid to us, arising from cancellation or curtailment of your travel arrangement due to the insolvency of Intrepid.

There is no financial protection for trips lasting less than 24 hours which do not include accommodation, or for the individual elements of your trip if they are booked separately.

Customer aware: The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection for Intrepid Travel Group UK Limited, Membership number 5464, and in the event of their insolvency protection is provided for non-flight packages sold to customers in the UK booked directly with Intrepid Travel Group UK Limited Company No. 01826936.. ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. 

This protection is only valid for customers for whom we are the organiser and who have booked and paid directly to Intrepid. If you have booked and/ or paid directly to a third-party travel agent for a holiday with Intrepid please request proof of how the booking is secured as this will not be covered by ABTOT in this instance.

This protection has been arranged by ABTOT. For more information please go to https://www.abtot.com/In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

 ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. If you would like to make a claim, you must notify ABTOT as soon as practicable giving full details of what has happened quoting the name of your travel operator. Please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made

You can find out more about ABTOT here: https://www.abtot.com/

If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted.

Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Limited:

Dispute Settlement Services

9 Savill Road Lindfield

West Sussex

RH16 2NY

E-mail: [email protected]

This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.

Flight inclusive packages: ATOL

Some of the flights and flight-inclusive holidays on our website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on our website. We will provide you with information on the protection that applies in the case of each holiday and travel service offered before you make your booking.

We provide you with financial protection for any flight-inclusive package or flight that you buy from us by way of our Air Travel Organiser’s Licence (ATOL) number 6352 administered by the Civil Aviation Authority Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected] (CAA). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. If you do not buy an ATOL certificate, then the booking will not be ATOL protected. If you do receive an ATOL certificate but all parts of your trip are not listed on it, those parts will not be ATOL protected. The ATOL Certificate will advise where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.caa.co.uk.  The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). 

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have to arise out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body if that other body has paid sums you have claimed under the ATOL scheme.

When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.

If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply. 

26. Delays and missed transport arrangements

If you or any member of your party miss your flight or another transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

You have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. If your flights are not included in the package booked with us, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If your flights are included in the package you have booked with us and for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

27. Prompt assistance 

If, whilst you are on the tour, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require the assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or another transport supplier may, however, pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

28. Applicable law 

The laws of England and Wales govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause 28, affects your rights as a consumer to rely on any applicable local laws. However, to the extent permitted by those laws, we limit or exclude those rights to the fullest extent possible.

29. Assignment and Registered address

Other than in respect of our responsibilities as an organiser, we can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate in our sole discretion on written notice to you. Registered address for Intrepid Travel Group UK Limited: 4th Floor, Piano House, Brighton Terrace, Brixton, London, United Kingdom, SW9 8DJ.

Registered Address of Intrepid Travel Pty Ltd (ABN 35 007 172 456) Level 7, 567 Collins St, Melbourne VIC, 3000, Australia.

Other terms

30. Indemnity from Parent/Guardian

Where a participant is under the age of 18, the parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers, employees and agents) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the trip, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to be bound by these Booking Conditions in their own behalf.

31. Promotional terms

From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.

Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.

Standard Information Form on Traveller’s Rights when booking a Package Holiday 

Part 1: General

The combination of travel services offered to you is a package within the meaning of the PTR. Therefore, you will benefit from all UK rights applying to packages. We will be fully responsible for the proper performance of the package as a whole.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.  

Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

Travellers will receive all essential information about the package before concluding the package travel contract.

There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.

Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. 

If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

The organiser has to provide assistance if the traveller is in difficulty.

If the organiser, which if applicable could be a third party agent if booked indirectly, becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. We have insolvency protection for our flight-inclusive package holidays by way of its Air Travel Organiser’s (ATOL) number 6352 administered by the Civil Aviation Authority (CAA), Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected], and for non-flight packages (booked directly with us)  by way of insolvency insurance covered provided by ABTOT, as recognised by ABTA Ltd. Travellers may contact the CAA or ABTOT if services are denied because of our insolvency.

Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made

EU Booking Conditions

These Booking Conditions apply to bookings made within the European Economic Area (EU).

The Booking Conditions in place when you make your booking will apply to your trip. If you are rebooking a trip with a credit voucher you will be agreeing to the most current version of the Booking Conditions in place when you rebook.

Please read and understand the conditions of booking set out below (Booking Conditions) prior to booking a trip with us as they set out your legal rights and obligations in relation to your booking.

Please also read the Essential Trip Information and Important Notes relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. The Essential Trip Information and Important Notes relevant to your Trip are located on our website.

For any additional terms that may apply to your trip please also see the  and references to other terms within these Booking Conditions.

Your attention is particularly drawn to the following clauses which contain important information about your rights and the extent of our liability to you: 6 (Cancellation by you), 7 (Cancellations or changes by us), 8 (Cancellation by You or us due to Unavoidable and Extraordinary Circumstances), 9 (Changes and Cancellations to your Travel Services), 20 (Our responsibility for the performance of your package), and 21 (Price Reduction and Compensation for Damages).

Overview

General terms

Your info and privacy

Payments and pricing

Cancellations and booking changes

Inclusions

Travel requirements

If things go wrong

Other terms

General terms

1. Our contract  

Your booking contract is with Intrepid Travel GmbH (HRB: 94606) (us/we/our) acting as organiser and general sales agent on behalf of Intrepid Travel Pty Ltd (ABN 35 007 172 456).  Any indirect bookings made via a third-party agent, are made with Intrepid Travel Pty Ltd (ABN 35 007 172 456.) 

By booking a trip with us you have agreed to be bound by the terms and conditions set out or referenced in:

 (a) these Booking Conditions; 

 (b) Essential Trip Information and Important Notes that apply to your trip; and

 (c) any Special Conditions or Promotional Terms that may apply,

 (all of which constitute the entire agreement between you and us).

Your booking will be accepted by us on this basis. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

Bookings made on behalf of others

If you make a booking on behalf of other travellers (for example, family or friends travelling with you):

You are deemed the Primary Contact for that booking and represent that you are authorised to act on behalf of all travellers named in the booking in relation to all matters concerning the booking (including amendments and cancellations), unless we are notified otherwise in writing by a traveller named in the booking.

Before making the booking, you must ensure that each traveller named in the booking is informed of:

these Booking Conditions;

the Essential Trip Information and Important Notes that apply to the trip; and

any Special Conditions  or Promotional Terms that may apply.

If you are a traveller named in a booking made by a Primary Contact, you agree that the Primary Contact may amend or cancel your booking on your behalf and you will be bound by their actions, unless you notify us in writing that they are not authorised to do so.

Your info and privacy

2. Privacy policy 

Any personal information that we collect about you will be handled in accordance with our Privacy Policy.

If you are the Primary Contact and providing us with the personal information of another person, such as when you make a booking on behalf of a group, request visa support services for others in your group or provide details of an emergency contact or medical conditions, you must ensure that you inform these persons of the information that you intend to provide to us, and that those you represent are aware of the content of our Privacy Policy and consent to the disclosure of their personal information to us.

Advance Passenger Information: A number of EU Member states have requirements for air carriers to provide personal information about all travellers on their aircraft to the relevant Authorities before the aircraft leaves the EU. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Other modes of transport (such as sea or rail) may have similar requirements. Where we collect this data, we will treat it in accordance with our Privacy Policy. 

You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.

Payments and pricing

3. Deposit requirement

You are required to pay a deposit for your booking  You are required to pay a deposit of EUR 400/ CHF 400 per person per trip, unless otherwise stated in the Special Conditions. If your booking is made within 30 days of the departure date then the full amount is payable at the time of booking. The deposit amount may vary for selected trips and special campaigns that may be run by us from time to time, as set out in and subject to the Special Conditions.

4. Acceptance of booking and final payments

If we accept your booking, we will issue you with a booking confirmation invoice.  A contract will exist between you and us from the date we issue the confirmation. If for any reason we do not accept a booking and a payment has been made, then this will be promptly refunded. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 30 days before the departure date, except as otherwise set out in the Special Conditions. 

If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 3 days after the reminder, you will be deemed to have cancelled your booking and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.

5. Prices and surcharges  

Our advertised trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip 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. 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 we have confirmed your booking (in accordance with clause 4 (Acceptance of booking and final payments) 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 7 (Cancellation by You).

The most up to date pricing is available on our website. Prices are based on currency exchange rates as at the date of publication; note that prices may vary depending on which currency the booking is made. We endeavour to ensure that all pricing and other information on our website is accurate. However, it is always possible that, despite our efforts, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice. If you have made a payment prior to us sending your booking confirmation invoice which contains amended prices, then you can give us notice within 7 days to cancel your booking in which case we will refund you in full. If you do not provide this notice you will be deemed to have accepted the revised price. We reserve the right to change the price of your trip after we have issued our booking confirmation invoice in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in your booking imposed by third parties not directly involved in the performance of your trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates relevant to your trip. In such instances we will be responsible for and absorb any increase up to 2% of the trip price and you will be responsible for the amount over and above that. If any price increase results in an increase of more than 8% of the trip price you may: (i) accept and pay for the price increase, (ii) cancel the booking and obtain a full refund, or (iii) cancel the booking, obtain a full refund and change to an alternative holiday, if available and offered by us. You must tell us of your decision within 7 days of us notifying you of the price increase.

Should the cost of your trip decrease due to the changes mentioned above then you will be entitled to a price reduction for your trip. We will be entitled to deduct our administrative expenses of this process, for which we will provide a breakdown if you ask.

There will be no change made to the price of your confirmed holiday within 20 days prior to your departure nor will refunds be paid during this period.

Please note that travel arrangements are not always purchased by us in local currency and so changes in exchange rates may have no impact on the cost of your trip due to the arrangements we have in place. Air Passenger Duty is included in the price of your air inclusive trip. Please note that a surcharge may be applied to a purchase made with an American Express or Diners Club card, or through Paypal.

Cancellations and booking changes

6. Cancellation by you  

If you cancel some or all portions of your booking the cancellation terms set out below will apply.  A cancellation will only be effective once your sales representative has received written confirmation from you that you wish to cancel.

The deposit and all other payments for the trip that we have received from you will be put towards the cancellation fees detailed below.

If you cancel a trip:

30 days or more prior to departure, we charge your deposit of EUR 400/ CHF400 as a cancellation fee;

a)  30 days or more prior to departure, we charge your deposit of EUR 400/ CHF400 as a cancellation fee;

b)  between 21 and 29 days prior to departure, we charge a cancellation fee of 40% of the total cost of your trip; 

c)  between 16 and 20 days prior to departure, we charge a cancellation fee of 60% of the total cost of your trip; 

d)  between 8 and 15 days prior to departure, we charge a cancellation fee of 70% of the total cost of your trip;

e)  7 days or fewer prior to departure, we charge a cancellation fee of 80% of the total cost of your trip.

Note that different cancellation conditions apply to some styles of trips and additional services as set out in the Special Conditions and the Essential Trip Information relating to your trip. You are strongly advised to take out cancellation insurance at the time of booking.

If you leave a trip for any reason after it has commenced (other than where we cancel it for operational reasons), we are not obliged to make any refund for any unused services. If you fail to join a trip, or join it after departure., or leave it prior to its completion, no refund will be made for unused services.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

7. Cancellation or changes by us

Minimum Group Size: Our trips are guaranteed to depart once they have one fully paid customer unless minimum group size is specifically stated in the trip page or on our website. If the minimum group size is not met we may (i) cancel your booking and provide you with a full refund or (ii) amend the itinerary.  A change to the itinerary may be a Minor Change or a Significant Change, for which see below.

From time to time we may need to make a change to your booking and we reserve the right to do so at any time.

Minor Changes: Most changes are ‘Minor Changes’ which we are permitted to make without incurring any liability to you. A Minor Change may include, for example, but is not limited to: any change to a route and/or stopping points, a change of accommodation to another of the same or better standard with the same main features in the same destination, or changes to services available at your accommodation. A change of flight time by less than 12 hours or a change of airline or aircraft will also usually be a Minor Change.

Significant Changes: Occasionally we may need to make a ‘Significant Change' that we are constrained to make to the main characteristic of your booking, or where we cannot fulfil any of your special requirements which we have accepted. A Significant Change could include a change affecting at least one day in five of the itinerary, a change of accommodation to a different area/resort or to that of a lower standard for the whole or a significant part of your trip. It may also include a change of flight departure time (or the commencement of another part of your trip) by more than 12 hours.

If we must make a Significant Change, we will tell you as soon as possible and you will have the option of: 

a) accepting the proposed change. If this results in a booking or trip of lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below; or

b) rejecting the proposed change and cancelling your booking with a full refund of monies paid; or

c) rejecting the proposed change, cancelling your booking and making an alternative booking if we offer this. If you decide to take an alternative booking, we will inform you of its impact on the price of your booking. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below.

Cancellation: On rare occasions, we may have to cancel your booking and we reserve the right to do so. If we must cancel, we will notify you as soon as possible. We will also offer you an alternative booking if we are able to do so, and inform you of its impact on the price of your trip. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the booking.

We will tell you the procedure for making your choice. Please read any notification carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled. 

If you choose to accept a refund we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

We will not pay you compensation and the options set out above will not be available if we make any change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Important Note regarding credit:

In place of a refund, we may offer you the choice of a credit voucher instead. Unless specified otherwise in the Special Conditions, any credit issued to you:

does not have an expiry date;

may be applied towards any other available trip offered by us;

is not transferrable to another person; and

may not be used to book flights or insurance as they will have their own booking conditions.

8. Cancellation by You or us due to Unavoidable and Extraordinary Circumstances 

In addition to the cancellation rights set out above, you have the right to cancel your confirmed holiday before departure, and we may be required to cancel your trip in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination.

In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation (provided we have notified you without undue delay before the start of your trip). If the cancellation due to a Force Majeure Event occurs after your trip has commenced, Intrepid will offer you refund minus unrecoverable costs of the days that remain on your trip. 

For the purposes of this clause 8, “unavoidable and extraordinary circumstances” means any event beyond our or our suppliers’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare, acts of terrorism (and threat thereof), industrial disputes, labour strikes, fire, cyber incident, chemical or biological disaster, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination.

When determining whether or not cancellation rights for unavoidable and extraordinary circumstances have arisen, we consider the advice of national authorities. However, this is not the only factor we take into account in determining whether these cancellation rights have arisen.

Except as set out in these Booking Conditions, we and our suppliers have no responsibility or liability to you for any failure to perform, or a delay in performing, any obligations owed to you which are caused by unavoidable and extraordinary circumstances.

9. Booking amendments by you and transfers of bookings

Transfers to a third party are only permitted when operationally possible and where the transferee meets all the requirements in relation to the trip. You and the transferee will be jointly and individually liable for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. No amendments are permitted to your booking within 30 days of departure.

However. if you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions: 

(a) that person is introduced by you and satisfies all the conditions applicable to the holiday;

(b) we are notified not less than 7 days before departure;

(c) you pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer which we will notify you of on your request to transfer; and 

(d) the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee will be jointly and individually liable for payment of all sums. If you are unable to find a replacement, any cancellation charges set out in clause 6 (Cancellation by you) will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

If you wish to make a change to your booking after we have issued our booking confirmation invoice, please contact us. We will try to accommodate your request but do not have a legal obligation to do so. Please understand that it is often not possible for us to as changes may depend on availability and the terms and conditions of our suppliers.

Change fees may be payable in some circumstances.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation fee of up to 100% of that part of the trip. 

Inclusions

10. Inclusions   

The land price of your trip includes:

all accommodation as listed in the Essential Trip Information

all transport listed in the Essential Trip Information

sightseeing and meals as listed in the Essential Trip Information

the services of a group leader as described in the Essential Trip Information

11. Exclusions   

The land price of your trip 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 Essential Trip Information

visa and passport fees

travel insurance 

optional activities and all personal expenses

Travel requirements

12. Your details  

For us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they 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 we also require you to complete and forward a Self-Assessment form which will be provided to you by your sales representative. For more information about how we treat your personal information please refer to our Privacy Policy.

13. Age & Health requirements 

Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel.  All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.  The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Maximum Age: For the majority of our trips we have no upper age limit.

Health

Our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.  We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.  

Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See clause 6 Cancellation By You).

Emerging Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the tour.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (see clause 6 Cancellation By You).

Please refer to the Special Conditions and the Essential Trip Information that relates to your trip.

14. Additional terms

For additional terms that apply to certain trips, please see the .  

Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. Specifically, the ground suppliers of our trips in North America require a waiver to be agreed and signed by you on day 1 of your trip, in order to meet their insurance requirements. A copy of this waiver can be provided to you prior to departure on request.  If you do not sign this waiver your participation may be denied and you will not be entitled to any refund.

Some activities on your trip (such as adventure or high-risk activities) may require you to sign a separate waiver or release form provided by the supplier as a standard part of its business. If you choose not to sign the required waiver, the supplier may not deny participation and you will not be entitled to a refund for that activity.

15. Passport and visas  

We will provide information about the passport and visa requirements for your trip,  however,  you should confirm these with the relevant embassies and/or consulates.

It is your responsibility 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 us and/or 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 within the final destination as set out on your itinerary.

You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trip, and you are solely responsible for all of the costs you incur as a result of missing or defective documentation. You also 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.

16. Travel insurance 

Travel insurance is mandatory for all our travellers. And must be taken out at a reasonable time after booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for medical and emergency expenses. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company's 24-hour emergency contact number on the first day of your trip.  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

If things go wrong

17. Change of itinerary

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 trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration sometimes without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary, which may be before or after your departure. We will notify you of any changes to the itinerary.

Before departure:  If we make a Significant Change, the ‘Significant Change’ section in clause 7 (Cancellation or changes by us) above will apply.

After departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. Where this occurs we will make alternative arrangements for you at no extra charge. If the alternative arrangements are of a lower quality you will be entitled to a price reduction in accordance with clause 21 below and you may be entitled to compensation for any damage you sustain as a result of the package being changed.

18. Behaviour and conduct

Our trips are generally run by group leaders, local representatives, crews or skippers (“Leaders”). You must at all times comply with the laws, customs and drug regulations of all countries visited, as well as the requirements of our Community Guidelines and our Responsible Travel Guidelines

If, in our or the Leader’s reasonable opinion, your behaviour is illegal, unsafe, inappropriate, breaches our Community Guidelines or Responsible Travel Guidelines in a non-trivial way, interferes with the well-being of other participants, or materially affects our ability to run the trip as planned, the Leader may in their discretion direct you to leave the trip immediately, at your own cost and with no right to a refund. We may also, at our discretion, place you on our “deny list”, meaning you will not be permitted to travel with us on any future trips booked, and standard cancellation fees will apply. For the avoidance of doubt, this clause applies to unacceptable behaviour displayed before and after your trip.

19. Acceptance of risk 

You acknowledge that the nature of the trip 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 acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. 

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, we accept no liability in relation to these additional risks.

You acknowledge that some trips visit and include overnight accommodation in remote areas which are located considerable distances from hospitals, medical centres or other forms of medical facilities. It may take many hours before you receive any professional medical attention.

You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our (and our suppliers’) personnel providing you with first aid on the basis that: (a) they are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by air. You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf.

Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when in motion. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death

20. Our responsibility for the performance of your package

As the “organiser” of your package under the EU Package Travel Directive 2015/2302 (PTD) we are responsible for the performance of all travel services included in your package, which are as set out in your booking confirmation invoice.

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package (Failure).  This will give us the opportunity to resolve the Failure whilst you are on your trip. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with clause 21.

When alternative arrangements may be offered

If a significant portion of your package cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of your trip. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described in clause 21 below.

You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in your booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with clause 21.

Remedy for a Failure

If a Failure substantially affects the performance of your package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your trip or terminate your booking without paying a termination fee.

If you decide to terminate, then if your Package included carriage to the destination, we will also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with clause 21.

Additional accommodation in the event of Unavoidable and Extraordinary Circumstances

Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday.

If a longer period of accommodation than that referred to above is provided for in Passenger Rights Legislation (as described in the Package Travel Regulations) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of unavoidable or extraordinary circumstances, then the limits set out in such legislation will apply instead.

The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: whether the complaints procedure as described in these Booking Conditions was followed and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  

21. Price Reduction and Compensation for Damages

You will be entitled to an appropriate price reduction for any period during which there is a Failure (as described in clause 20 above), unless the Failure is attributable to you.

You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:

i. attributable to you.

ii. attributable to a third party unconnected with the provision of the services included in your package and the event is unforeseeable or unavoidable; or

iii. due to Unavoidable and Extraordinary Circumstances.

Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation: the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955 and Montreal Convention 1999 (travel by air), Berne Convention 1961 and COTIF 1999 (travel by rail) Athens Convention 1974 (travel by sea) and Paris Convention 1962 (provision of accommodation). We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions. We can provide copies of these conventions upon request.  In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract. In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider for the complaint or claim in question.

Our liability to you in connection with your Package shall be limited to a maximum of three times the price paid, except in cases involving death, injury or illness where we or the travel service providers have caused such damage intentionally or with negligence.  In the case of damaged property, our liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property.

Our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

You must notify any claim to us strictly in accordance with the complaints procedure set out in these Booking Conditions.

Flight Notice, Flight Information and EU Blacklist.

This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention. 

Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages, up to 100,000 SDRs (approximately €120,000), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. 

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately €19,300).

Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately €5,000).

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately €1,200). 

Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately €600) In the case of checked baggage, it is liable even if not at fault unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. 

Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier, or other transport provider, as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.

Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

The time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. 

The basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu.   In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our confirming documents. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.

22. Optional activities 

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.  

23. Claims and complaints 

General claims

If you have a complaint about your trip you must 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 to us within 30 days of the end of the trip through our . Failure to follow the procedure set out in this clause 23 may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under these Booking Conditions.  If we can’t resolve your complaint, you can access the European Commission Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odrThis ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

Insolvency claims

Please see clause 25 (Financial protection – DRSF) for more detail about how to make a claim in the unlikely event of our insolvency.

24. 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 then 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.

25. Financial protection for packages - DRSF

As the organiser of your package holiday, the PTD requires us to provide security for the monies that you pay to us and for your repatriation (if carriage of passengers is included in the package) in the event of our insolvency.

The German Deutscher Reisesicherungsfonds (DRSF) provides financial protection for your booking for a package. When you book a package with us you will receive a document (Sicherungsschein) setting out your right to claim.

This protection is only in place for customers for whom we are the organiser of their package holiday (and to whom these Booking Conditions apply). This protection is only valid for customers who book and pay directly to Intrepid. If you have booked and/ or paid direct to a third-party travel agent for a holiday with Intrepid please request proof of how the booking is secured as this will not be covered by DRSF in this instance.

For more information about the DRSF, please go to https://drsf.reise/.

There is no financial protection for trips lasting less than 24 hours which do not include accommodation, or for the individual elements of your trip if they are booked separately.

26. Delays and missed transport arrangements

If you or any member of your party miss your flight or another transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If your flights are not included in the package booked with us, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If your flights are included in the package you have booked with us and for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

 

27. Prompt assistance 

If, whilst you are on the tour, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require the assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or another transport supplier may, however, pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

Other terms

28. Applicable law 

The laws of Germany govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause 28, affects your rights as a consumer to rely on any applicable local laws. However, to the extent permitted by those laws, we limit or exclude those rights to the fullest extent possible.

29. Registered address

Registered address for Intrepid Travel GmbH: St.-Josef-Str. 17, 83607 Holzkirchen, Germany.

Registered Address of Intrepid Travel Pty Ltd (ABN 35 007 172 456) Level 7, 567 Collins St, Melbourne VIC, 3000, Australia.

30. Indemnity from Parent/Guardian

Where a participant is under the age of 18, the parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers, employees and agents) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the trip, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to be bound by these Booking Conditions in their own behalf.

31. Promotional terms

From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.

Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.

THE SPECIAL CONDITIONS SET OUT BELOW, APPLY TO THE TRIPS AND THEMES NOTED BELOW AND APPLY GLOBALLY.

Gorilla permit trips

Except for the deviation specified below, the Standard Booking Conditions otherwise apply to your trip.

Clause 3 (Deposit requirement): 

All trips requiring a gorilla permit involve a higher non-refundable, non-transferable deposit (AUD 1000, USD 1000, EUR 800, NZD 1250, GBP 650, CAD 1000, ZAR 8000, CHF 900) in order to secure the included gorilla permit. Please note that we need to confirm availability of a gorilla permit if you are booking within 45 days of departure before confirming your booking.

18s-35s trips

Except for the deviation specified below, the Standard Booking Conditions otherwise apply to your trip.

Clause 3 (Deposit requirement): 

You are required to pay a non-refundable deposit of AUD99, USD99, EUR75.00, NZD99.00, GBP49.00, CAD99.00, CHF75.00, ZAR999.00 per person per trip for your booking to be confirmed. 

Clause 12 (Age and Health Requirements):

You must be older than 18 years and younger than 36 years on day 1 of your trip to travel on our 18 to 35s Adventures. 

Family trips

Except for the deviations specified below, the Standard Booking Conditions otherwise apply to your trip.

Clause 12 (Age and Health Requirements):

All family trips have a minimum age of 5 years old at the time of travel except our “Teenage” trips which require a minimum age of 10 years old.

All bookings for our Family trips must include a child under the age of 18.

Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.

Tailor-Made trips

Except for the deviations specified below, the Standard Booking Conditions otherwise apply to your Intrepid Tailor-Made Adventure.

Clause 1 (Our contract) If you are making a booking on behalf of a group, you must ensure each traveller has read and agrees to our Booking Conditions before making the booking. A contract will exist when we accept your deposit.

Clause 6 (Your details) You must provide a list of travellers’ details including full name as per passport, passport number and expiration date, nationality, DOB, gender, rooming requirements, dietary requirements, medical concerns at least 60 days prior to departure of the trip.

Clause 9 (Booking amendments) All rates are per person, based on indicated numbers travelling together as one movement. Any changes to the group size at any time will require the trip to be repriced.

By making your payment, you are agreeing to the most recent itinerary and price quote. All revisions will be subject to requote and additional approval.

Any changes to the itinerary made by you AFTER services have been confirmed will require a revised quote and may be subject to an additional charge (as levied by hotels, ground operators or airlines). No additional changes are permitted within 30 days prior to departure.

Clauses 7 and 8 (Cancellation) Some Tailor-Made tours, such as our Tailor-Made Australia trips, may have cancellation terms that deviate from those set out in the Intrepid Standard Booking Conditions. Your Tailor-Made consultant will advise you of the cancellation conditions that apply to your booking prior to you paying your deposit.

(Transfers) If complimentary transfers are included, (on a group basis) they are only applicable if going to accommodation booked through us. Please advise flight arrival details (flight number and arrival time) at least 30 days prior to departure if you wish to have this transfer provided. There is no guarantee we can arrange this transfer if we receive these details within 30 days of departure.

Urban Adventures day tours

Except for the deviations specified below, the Standard Booking Conditions otherwise apply to your trip.

For the purposes of these Special Conditions, references to a “trip” means an Urban Adventures day tour.

Clause 3 (Deposit requirement):

No deposits are required for Urban Adventures bookings.

Clause 4 (Acceptance of booking and final payments):

With the exception of private tours, the full amount is payable at the time of booking. Payment for private tours is due upon confirmation of your tour itinerary. A contract will exist when we accept your full payment and we shall issue you a voucher via email for the booked trip.

Clause 5 (Prices and surcharges):

Our child rates apply at the time of the trip, not the time of booking. Proof of age must be available for inspection on the day of travel. If a traveller is identified as not qualifying for a child price (if a child price is available for the trip) the traveller will be required to provide the balance of difference between the adult rate and child rate for the trip before being permitted to start the trip.

Clause 7 (Cancellation by you):

If you cancel a standard trip you can cancel up to 24 hours prior to the departure of your trip and either receive a refund or a credit

If you cancel a custom itinerary ("Create Your Own") trip

up to 48 hours prior to the departure of your trip you will receive a refund minus unrecoverable;

within 48 hours of departure, you will receive a credit for 100% of monies paid by you in connection with the booking.

The terms in clause 7 of the Standard Booking Conditions otherwise apply.

If you hold a Multi-City Explorer Pass and you fail to show for a booked trip without cancelling within 24 hours or informing Urban Adventures of exceptional circumstances, you may have their Multi-City Explorer Pass voided and all future booked tours cancelled, with no refund.

Clause 8 (Cancellations by us):

due to Force Majeure

If a trip is cancelled due to a Force Majeure Event, we can offer you a refund minus unrecoverable costs.

If you are travelling on a Multi-City Explorer Pass, and your trip is cancelled by us, you will receive a refund for the cost of that trip only, and only if the total value of trips booked with the pass at the end of the 30-day period is less than the total price paid for the pass. If at the point of cancellation, the value of the bookings with the pass are equal to or greater than the value of the pass, you will receive a 25% discount on a future single trip booking.

Clause 9 (Booking amendments):

If you wish to amend an existing booking, you must cancel your original booking and make a new one. Prices applying to the new booking will be the price at the time the new booking is made. Cancellation charges may apply (see clause 7).

An itinerary amendment or date change to a custom ("Create Your Own") itinerary, must be made at least 14 days prior to the proposed departure date. An administration fee of $75 USD (100CAD/100 AUD/75EUR/60GBP) per booking per change will apply (in addition to any costs incurred by our local teams in making the changes). No amendments are permitted to "Create Your Own" bookings within 14 days of departure.

Clause 10 (Inclusions):

The price of your trip includes all inclusions as indicated on the Tour Snapshoton urbanadventures.com.

Clause 11 (Exclusions):

The price of your trip does not include:

Tips and gratuities

Items of a personal nature including but not limited to snacks, meals, and drinks not outlined as an inclusion in the inclusions section of the trip description.

Local taxes and fees. Unless otherwise stated, the price does not include any local taxes or fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges, or international transportation tax.

Trekking trips in the USA with Wildland Trekking

Except for the deviation specified below, the Standard Booking Conditions otherwise apply to your trip. 

Clause 12 (Age & Health requirements) 

You must complete a pre-trip Registration Form. Your booking will not be confirmed until your completed form has been received and approved.  

In addition to the Registration Form you may be required to provide a medical release signed by your physician for medical conditions or circumstances which could possibly compromise your safety or the safety of others on this trip.  

Clause 13 (Additional terms) 

You are required to agree to and sign an additional Acknowledgement and Waiver document before departing on your trip. 

Clause 16 (Change of itinerary) 

All Wildland Trekking trips are subject to itinerary changes based on a variety of circumstances beyond our control, including, but not limited to permit or campsite availability, snowpack, river crossings, wildlife, park or land closures, and forest fires. The price of a hiking trip will never change due to itinerary changes. Payments are not refundable for itinerary changes or park or land closures.

 Level 7, 567 Collins St, Melbourne VIC, 3000, Australia.

Inca Trail and Machu Picchu trips

Except for the deviation specified below, the Standard Booking Conditions otherwise apply to your trip.

Clause 6 (Your details):

Fees may apply to changes required to be made after the time of booking (for example to permits or tickets) if incorrect passport details are provided by you, including incorrect or incomplete passport name information.

Clause 10 (Booking amendments):

Fees may apply to changes made after the time of booking if you request to change from one Machu Picchu train/trekking option to another, and availability on other Machu Picchu options cannot be guaranteed.

REI Exclusive and REI Recommended Trips

Except for the deviations specified below, the Standard Booking Conditions otherwise apply to your trip.

Clause 7 (Cancellation by us)

All REI Exclusive Trips must have a minimum of four fully paid customers in order to depart, or two fully paid customers if the REI Exclusive Trip capacity has a maximum capacity of 7 people. In the event that your departure has not met the minimum group size, we will give you notice of cancellation no less than 60 days prior to the trip’s cancellation.

In the event that we cancel your REI Exclusive trip, you can transfer amounts paid to an alternate departure date or receive a refund or credit, unless your trip is cancelled due to a Force Majeure Event (as defined below in clause 8) in which case your rights are set out in clause 8.

Clause 13 (Additional terms)

REI WAIVER: To the maximum extent permitted by applicable law, by booking and joining a REI Exclusive Trip, REI Recommended Trip or other trips associated with Recreational Equipment, Inc. (REI) operated by Intrepid, you acknowledge and agree that REI is not responsible or liable for any loss, damage, injury, delay, claim, cost or expense of any kind arising out of or in connection with your booking, participation in, or use of any services, arrangements or travel products provided, facilitated or promoted by Intrepid. You release and forever discharge REI from all liability, actions, claims or demands (whether in contract, tort, statute or otherwise), except to the extent such liability cannot lawfully be excluded under the Australian Consumer Law or other mandatory consumer protection laws, and nothing in these conditions limits liability for REI’s gross negligence, fraud or wilful misconduct. By proceeding with your booking, you confirm that you have read and understood this clause and voluntarily accept these terms.

Intrepid Travel Supports REI Cooperative Action Fund:  Intrepid will donate 1% of the revenue from REI Exclusive Trips and REI Recommended Trips taken by REI Members that have departed in 2026 to the REI Cooperative Action Fund (1700 45th Street East, Sumner, WA 98352, 1-800-426-4840), to support environmental stewardship and outdoor access initiatives. No portion of purchase is tax-deductible, and there is a guaranteed minimum contribution of $25,000 and maximum contribution of $200,000.

Seller of travel: All travel services are sold and fulfilled by Intrepid Travel, the merchant of record and a registered Seller of Travel (CA CST 2090988; WA 602852695; FL ST46228). REI acts solely as a marketing partner and does not sell or provide travel services. Booking, payment, and traveller information are handled directly by Intrepid. REI may receive compensation from Intrepid for referrals generated through this page.

FOR ALL POLAR BOOKINGS:

Agency Booking Conditions

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.

 

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.  

 

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. 

 

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.

 

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.

 

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.

 

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. 

 

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.

 

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.

 

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. 

 

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.

 

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. 

 

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. 

 

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.

 

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.

 

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.

Operator Terms and Conditions

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

Polar - Quark

Booking Terms and Conditions

Effective June 26th, 2025

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

1. INTRODUCTION

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

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

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

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

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

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

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

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

2. TRAVEL AGENTS

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

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

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

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

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

3. BOOKING AND PAYMENT

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

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

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

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

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

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

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

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

4. AMENDMENTS

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

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

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

5. CANCELLATIONS

Cancellations by you

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

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

Cancellation period

Per person cancellation fee

Within (and including) 15 days after the date the Booking Confirmation is issued (where the booking is confirmed more than 180 days prior to Day 1 of the Expedition): Free cancellation save for any non-refundable items identified to you in these T&Cs or set out in the Booking Confirmation.

From (and including) 16 days after the date the Booking Confirmation is issued up to (and including) 120 days prior to Day 1 of the Expedition: 25% of the total booking amount as specified in the Booking Confirmation or (as applicable) the New Booking Confirmation.

119 to 90 days prior to Day 1 of the Expedition: 75% of the total booking amount as specified in the Booking Confirmation or (as applicable) the New Booking Confirmation.

89 or less prior to Day 1 of the Expedition (including any cancellation after the Expedition has started): 100% of the total booking amount as specified in the Booking Confirmation or (as applicable) the New Booking Confirmation.

Cancellations, interruptions, postponements and deviations by Quark

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

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

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

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

Trip Cancellation Coverage

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

Travel Protection

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

6. ANTARCTIC EXPRESS

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

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

7. MARKETING MATERIALS

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

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

8. LIMITATION OF LIABILITY

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

9. MISCELLANEOUS

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

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

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

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

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

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

Expedition Contract

Effective June 26th, 2025

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

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

1. INTRODUCTION

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

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

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

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

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

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

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

2. THIRD PARTY SUPPLIER TRAVEL CONDITIONS

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

3. MEDICAL TREATMENT, FORMS, AND BEHAVIOUR

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

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

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

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

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

4. SPECIAL REQUESTS

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

5. TRAVEL DOCUMENTS AND BAGGAGE

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

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

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

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

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

6. ON-BOARD THE VESSEL AND PASSENGER INDEMNITY

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

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

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

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

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

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

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

7. CHILDREN

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

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

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

8. ADVENTURE OPTIONS

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

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

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

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

9. FORCE MAJEURE, DELAYS AND CHANGES

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

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

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

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

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

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

10. ANTARCTIC EXPRESS

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

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

For Expeditions which include a flight from Punta Arenas

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

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

10.2.3 Final attempt day:

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

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

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

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

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

11. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

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

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

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

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

12. INDEPENDENT CONTRACTORS

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

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

13. DISCLAIMERS , LIMITATIONS AND WAIVER OF LIABILITY

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

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

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

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

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

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

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

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

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

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

13.10 EU REGULATION 392/2009 AND THE ATHENS CONVENTION

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

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

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

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

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

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

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

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

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

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

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

14. PHOTOGRAPHS / IMAGERY

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

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

15. INSURANCE

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

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

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

16. TRAVEL AGENTS

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

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

17. PRIVACY

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

18. COMPLAINTS

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

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

19. TIME LIMIT FOR CLAIMS/WRITTEN NOTICES

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

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

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

20. ARBITRATION

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

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

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

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

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

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

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

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

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

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

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

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

22. WAIVER OF IN REM AND QUASI IN REM PROCEEDINGS

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

23. MISCELLANEOUS

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

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

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

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

Polar Latitudes (formerly Ocean Nova)

1. DEFINITIONS AND GENERAL PROVISIONS

1.1 Parties These T&Cs apply to all passengers booking Expeditions with Polar Latitudes, Inc ("PLX," "we," "us"), a Delaware corporation, and govern the contractual relationship between PLX and you ("Passenger," "you," "your").

1.2 Key Definitions

"Expedition": All services provided by PLX from commencement of the first service to conclusion of the final service, regardless of dates, duration, or itinerary changes.

"Component of the Expedition": Any individual element including activities, accommodations, transport, shore landings, or onboard amenities.

"Day 1": The date of the first activity or service listed in your Booking Confirmation.

"Booking Confirmation": The confirmation invoice issued upon booking acceptance.

"Agent": Any travel agent or third party booking or paying on your behalf.

"Master" or "Captain": The master of the vessel.

"Force Majeure Event": Any event beyond PLX's reasonable control preventing, delaying, or hindering performance, including: natural disasters (storms, earthquakes, ice conditions); war, terrorism, civil unrest, government action; epidemics, pandemics, health emergencies; mechanical breakdowns, vessel unavailability; strikes, labor disputes; cyberattacks, infrastructure failures; third-party or governmental failures.

1.3 Binding Agreement By booking an Expedition, you agree to these T&Cs. If booking for others, you must ensure all passengers read and accept these T&Cs. These T&Cs supersede all prior agreements or representations.

1.4 Application These T&Cs apply to bookings made on or after December 1, 2025. Group bookings, charters, or subcharters may have supplemental terms provided separately.

2. PRICING, PAYMENT, AND SURCHARGES

2.1 Published Prices All prices are quoted in U.S. dollars based on selected cabin category and occupancy. Prices are dynamic and may change without notice based on demand and availability. Reduced pricing after deposit payment does not apply retroactively.

2.2 Pricing Errors We reserve the right to correct obvious pricing errors before booking confirmation. We are not obligated to honor clearly erroneous prices.

2.3 Payment Terms

Deposit: 20% non-refundable deposit required to confirm booking.

Bookings within 120 days of departure: Full payment due immediately.

Final Payment: Due 120 days prior to departure.

2.4 Passenger Information All passengers must complete required forms 60 days prior to departure (or within 2 business days if booking within 60 days). Failure to provide complete, accurate information may result in cancellation without refund.

2.5 Surcharges If fuel or other operational costs increase significantly, PLX may apply a surcharge to your Expedition fare. PLX will absorb cost increases up to 2% of the total voyage fare without passing them to you. For increases exceeding 2%, PLX may impose a surcharge of up to 8% of the total Expedition fare, with notice provided no later than 120 days prior to departure. If any surcharge would increase your total fare by more than 8%, you have the right to cancel your booking and receive a full refund of all amounts paid. For surcharges of 8% or less, you must decide within 14 days of receiving the new invoice whether to accept the increase or cancel your booking under standard cancellation terms (see Section 4.1). Where flights are included in your Expedition, PLX may pass through any price increases or changes imposed by the airline for passenger and luggage carriage. Credit card purchases may be subject to processing surcharges.

2.6 Onboard Purchases All onboard goods and services are at your expense and payable in U.S. dollars by cash or credit card before disembarkation. Credit card surcharges may apply.

3. TRAVEL AGENTS

3.1 Agent Relationship If booking through an Agent, that Agent acts on your behalf, not as PLX's agent. You remain liable for all obligations under these T&Cs.

3.2 Payment and Liability Payment is not considered received until PLX receives cleared funds. PLX is not liable for your Agent's acts, omissions, representations, financial condition, or integrity.

4. PASSENGER CANCELLATIONS AND AMENDMENTS

4.1 Cancellation by Passenger All cancellation requests must be in writing. Cancellation fees apply from date PLX receives notice:

181+ days before departure: $1,250 USD per person

120-180 days before departure: Loss of deposit (20%)

Less than 120 days before departure: 100% of total cost

UK/European passengers may have additional rights under "unavoidable and extraordinary circumstances."

4.2 No Refunds for Unused Services No refunds for failure to join, late joining, or early departure from an Expedition. PLX is not responsible for incidental expenses (visas, vaccinations, insurance excess, non-refundable flights).

4.3 Booking Amendments Name changes or other amendments to your booking will incur the following administrative fee:

Before final payment: $125 USD amendment fee

After final payment: $250 USD amendment fee

Flights, insurance, and third-party services subject to separate fees

All amendment requests must be in writing

4.4 Third-Party Fees Cancellation/amendment fees from accommodation providers, airlines, or other third parties apply separately. Trip cancellation insurance strongly recommended.

5. FORCE MAJEURE

5.1 No Liability for Force Majeure PLX shall not be liable for failure or delay in performance due to Force Majeure Events. Such failure does not constitute breach of contract.

5.2 PLX Rights During Force Majeure PLX may, in sole discretion: cancel or curtail the Expedition; hold passengers aboard vessel in port; or disembark passengers at alternative ports. No refunds, compensation, or damages are payable for Force Majeure cancellations or disruptions.

5.3 Passenger Responsibility Passengers remain liable for services utilized until termination. Passengers are responsible for all costs including mandatory quarantine, repatriation, alternative port costs, and extended stays.

5.4 Insurance Requirement Comprehensive travel insurance is required, insurance covering cancellation-for-any-reason, trip interruption, curtailment, and Force Majeure events is strongly recommended.

6. PLX CANCELLATIONS, CHANGES, AND ITINERARY MODIFICATIONS

6.1 Right to Cancel Components PLX reserves the right to cancel any Component before Day 1 for any reason. Unless cancellation results from Force Majeure (see Section 5), PLX shall, at its discretion, provide:

An alternative component; OR

A pro-rata credit for unused days; OR

An appropriate refund minus unrecoverable costs

6.2 Credits Credits may be applied to future PLX Expeditions, are non-transferable, non-redeemable for cash, and exclude flights and insurance.

6.3 Vessel Substitution PLX may substitute the vessel at any time before or during the Expedition without liability or right to refund.

6.4 Itinerary Changes PLX reserves the right to modify any Component, including vessel, transfers, hotel nights, and itinerary, at any time without notice, allowance, or refund. In case of service cancellation before departure, pro-rata refund may be provided at PLX's discretion without further obligation.

6.5 Interruption or Termination If an Expedition is interrupted, cancelled, or the vessel delayed due to Force Majeure or operational necessity, PLX may terminate the Expedition and disembark passengers at any port. The Expedition is deemed fully performed with no refund obligation.

6.6 Master's Authority The Captain has absolute authority to change itinerary, substitute services, deviate from scheduled routes, return to port, delay departure, omit port calls, dry dock, comply with government orders, or take any action necessary for safety, vessel management, medical emergencies, weather, ice conditions, mechanical issues, or compliance with law. No refunds, compensation, or damages apply for such changes.

6.7 Itinerary Flexibility Expeditions are subject to weather, ice, mechanical issues, government intervention, maritime law, vessel traffic, berth availability, and unforeseen circumstances. Dates and times are approximate and may change without notice or passenger consent. No refunds or compensation for itinerary changes, delays, omitted ports, or extended voyages.

6.8 Port Changes and Omissions PLX may cause the vessel to omit any scheduled port or refuse to embark/disembark passengers at any location. Passengers bear all expenses to reach omitted destinations or final destinations.

6.9 Quarantine In case of vessel quarantine or passenger detention, passengers bear all risks and expenses, including charges for food, accommodation, and quarantine fees assessed during detention.

6.10 Immigration Refusal PLX has no liability if immigration authorities refuse passenger entry, landing permission, or order deportation.

6.11 Charter Flight Interruption If a charter flight cannot operate within a reasonable time, PLX may, at its discretion: rebook passengers on alternative future Expeditions; OR issue full refund of Expedition fare and unused Adventure Activities. PLX will provide trip interruption letters for insurance claims and one additional hotel night on cancellation day. All other costs (flight changes, additional accommodation, meals) are passenger's responsibility.

6.12 No Claims for Damages Neither party may claim damages for cancellations or changes under this Section 6. PLX not responsible for incidental expenses (visas, vaccinations, insurance excess, non-refundable flights).

7. AGE, HEALTH, LANGUAGE, AND MEDICAL REQUIREMENTS

7.1 Minimum Age Passengers under 18 are welcome if meeting minimum age requirements for the specific Expedition. Minors (passengers under 18) must be accompanied by parent/guardian or Responsible Adult over 21 at all times. Guardian is responsible for minor's compliance with T&Cs and must sign Minor Travel waiver. Accurate age, weight, and height required at booking. Some activities have separate age restrictions.

7.2 Language All voyages conducted primarily in English. Non-English speaking passengers may be excluded from activities if safety is compromised by inability to understand instructions, at Captain or Expedition Leader's discretion. Interpreters allowed under pre-approved conditions.

7.3 Physical and Mental Fitness No upper age limit or specific physical requirements exist; however, Expeditions are physically demanding and occur in remote regions with limited facilities and potentially rough seas. Passengers must ensure suitable fitness for full participation. Those with unstable medical conditions should exercise caution. Participation in specific landings may be restricted based on fitness, mobility, or environmental conditions.

7.4 Medical Disclosure Requirements All passengers must complete confidential medical forms 60 days before departure. Full, accurate disclosure of physical and mental health status, chronic illnesses, recent acute conditions, limited mobility, or fitness concerns is mandatory. Some medical conditions may require approval from our medical team, and in certain cases, may preclude you from traveling aboard the Expedition.

7.5 Refusal of Passage for Medical Reasons PLX reserves the right to deny boarding or continued participation if passenger:

Is likely to be refused entry by authorities

Failed to disclose, inaccurately disclosed, or failed to update us about any condition requiring special care (disability, illness, pregnancy, medical treatment)

Suffers from or is exposed to contagious/infectious disease

Is physically or mentally unfit to travel or may pose risk to others

No refunds or compensation for denied passage. Passenger is liable for costs if attempting to board without proper disclosure or PLX consent.

7.6 Passenger Medical Responsibility Passengers must bring adequate supply of required medications and medical supplies (may not be available onboard). Medical information may be shared with designated PLX staff as necessary. See Privacy Policy for data handling.

7.7 Limited Medical Services Medical care may be limited or delayed. Medical evacuation may not be possible at sea or from all locations. In emergencies, PLX seeks closest location for treatment and evacuation. Captain, Medical staff, and Expedition Leader will decide on emergency medical action jointly; passengers must accept this condition prior to embarkation.

7.8 Medical Treatment Disclaimer All medical services provided by ship's doctor, physicians, or medical personnel (engaged as independent contractors) are at passenger's sole risk and expense. PLX is not responsible for quality, nature, or consequences of medical treatment. Legal actions against medical contractors must be brought in the country where the contractor is indemnified.

8. MANDATORY TRAVEL INSURANCE

8.1 Insurance Requirement Travel insurance is mandatory for all passengers and must be purchased at time of booking.

8.2 Minimum Coverage Insurance must provide minimum $150,000 USD coverage for:

Medical expenses

Evacuation (including vessel-to-shore transfer)

Emergency repatriation

Pre-existing medical conditions

COVID-19 related costs

8.3 Recommended Additional Coverage Cancellation, cancel-for-any-reason, curtailment, trip interruption, personal liability, baggage loss, and expenses arising from loss, damage, injury, delay, or inconvenience.

8.4 Passenger Responsibility Passengers responsible for ensuring insurance meets requirements. Costs for undeclared pre-existing conditions, itinerary disruptions, or any other occurrences not covered by insurance are the passenger's full responsibility.

8.5 Proof of Insurance Policy number and insurer's 24-hour emergency contact is required before departure, and passengers will not be allowed to board without providing these details. For credit card insurance, provide insurer details and policy number (not bank/card details).

9. CABIN ARRANGEMENTS

9.1 Solo Travelers and Shared Cabins Unless you paid the single occupancy rate (confirmed on your invoice), solo travelers will share a hotel room and ship cabin with another solo traveler of the same gender. Gender neutral share cabins are available on request. PLX does not release information about cabinmates prior to departure, and reserves the right to change the assigned cabin number of solo/requesting share travelers to match up solo travelers.

9.2 Minors and Sharing Minors under 18 are not permitted in share cabins; must room with a guardian over 21 on their booking.

9.3 Single Supplement If cabin sharing becomes problematic due to unresolvable circumstances (eg. excessive snoring, CPAP machine, other conditions) a single supplement may be required.

9.4 Cabin Reallocation PLX, Master, or agents may reallocate cabins if necessary. PLX will provide cabin of substantially same price and standard if possible. If alternative unavailable, PLX may cancel booking and refund unused fare without further liability.

10. PASSPORTS, VISAS, AND TRAVEL DOCUMENTS

10.1 Passenger Responsibility Passengers responsible for ensuring all personal information is correct. PLX is not liable for incorrectly issued vouchers/tickets resulting from incorrect or incomplete information. Name changes post-booking may incur supplier fees at passenger's expense.

10.2 Required Documentation Passengers must obtain and possess all required documentation: valid passport (valid 6 months beyond last travel date), visas (including transit visas), permits, reciprocity fees, vaccination certificates, inoculations, medical certificates, and insurance policies.

10.3 Costs for Missing Documentation Passengers solely responsible for costs incurred from missing or defective documentation. Passengers responsible for full amount of any losses or expenses PLX incurs from passenger's failure to secure or possess proper travel documentation.

11. FLIGHTS AND ANCILLARY SERVICES

11.1 Airline Liability Where flights are included, PLX is not liable for claims under EU Regulation 261/2004 or damages from air transportation. All claims must be directed to the airline per their conditions of carriage and applicable Warsaw or Montreal Conventions.

11.2 Additional Flight Costs Delays, missed connections, or disruptions resulting in handling fees, airport demurrage, or overnight stays charged to passenger on cost-recovery basis.

11.3 Flight Changes During Voyage Disruption For PLX-booked flights: PLX ground staff can assist with changes; additional costs (change fees, fare differences) are passenger's responsibility. For Agent or self-booked flights: Passenger must contact Agent or airline directly; PLX cannot access booking information.

11.4 Third-Party Services Extension packages, accommodation, or services provided by third parties subject to their own terms and conditions. Cancellation, amendment, and refund policies vary by provider.

12. ASSUMPTION OF RISK AND ACKNOWLEDGMENT

12.1 Voluntary Assumption of Risk Passengers understand and acknowledge unavoidable risks associated with Expedition participation, including potential exposure to personal injury, emotional injury, property damage, or death. All Expedition activities undertaken at passenger's own risk. Passengers voluntarily and willingly assume full responsibility for any injury, loss, or damage suffered during the Expedition.

12.2 Remote Location Acknowledgment Due to remote destinations, emergency evacuation, search and rescue may be delayed or unavailable. Medical facilities and supplies may be limited. Passengers acknowledge responsibility to assess impact of such limitations on existing medical conditions before participating.

12.3 Health Risks and Safety Protocols Passengers acknowledge potential medical issues, border closures, and quarantine requirements. PLX will take reasonable steps to ensure safety and may require additional mandatory protocols (medical checks, waivers, medical assessments, extra precautions).

12.4 Personal Responsibility for Travel Decision PLX uses government foreign department information and internal contacts to assess itinerary viability. Passengers are responsible for reviewing travel information, health risks, and itinerary nature. Passengers acknowledge their travel decision is made with consideration of this information and acceptance of attendant personal risks.

12.5 Hold Harmless Agreement Passengers confirm they are physically and mentally capable of participating. Passengers willingly elect to participate despite potential risks and voluntarily assume full responsibility for any injury, loss, or damage sustained or caused by them. Passengers agree to hold PLX harmless for any injuries, losses, or damages sustained from Expedition participation.

13. CAPTAIN'S AUTHORITY

13.1 Final Authority The Captain's decision is final on all matters affecting safety or well-being of any passenger, crew, staff, communities, or wildlife visited.

13.2 Consequences of Non-Compliance If passenger fails to comply with Captain or Expedition Leader decisions, or interferes with well-being or mobility of other passengers, Expedition Team, staff, or crew, the Captain may: terminate passenger's participation; exclude passenger from activities; order immediate departure without refund; restrict passenger to cabin; or take any other action required. No compensation, costs, damages, or losses payable for such termination or action.

14. PASSENGER INFORMATION AND PRIVACY

14.1 Data Collection and Use Personal information handled per PLX Privacy Policy and used for Expedition operation purposes. By booking, passengers consent to information being shared with agents, service providers, and suppliers to operate the Expedition, and to receive marketing materials (if permitted by spam laws).

14.2 Privacy Policy Review Passengers responsible for periodically reviewing Privacy Policy and staying informed of changes.

14.3 Third-Party Information When providing personal information of others (group bookings, emergency contacts), passengers must inform those persons of information being provided, ensure awareness of Privacy Policy, and obtain consent to act on their behalf.

15. PASSENGER CONDUCT

15.1 Compliance with Laws and Customs Passengers must comply with laws, customs, foreign exchange, and drug regulations of all countries/regions visited. Act respectfully toward fellow passengers, Expedition Team, staff, crew, and in compliance with ship's rules.

15.2 Cabin and Privacy Respect Passengers shall not enter restricted crew areas, crew cabins, or other passenger cabins/hotel rooms without express permission. No threatening, harassing, assaulting, or abusing anyone during voyage or at group hotel. Verbally abusive/offensive language prohibited. Pre-embarkation incidents may result in denied boarding.

15.3 Property Damage PLX reserves right to charge guests for damage costs caused by deliberate, negligent, or reckless acts. If damage discovered after departure, PLX may charge credit/debit card or send invoice.

15.4 Unauthorized Activities and Equipment All activities (onboard or ashore) must comply with regulations. Unauthorized activities prohibited. Personal recreation equipment or technologies (including drones) require clear pre-voyage consent.

15.5 Smoking and Vaping Ships are smoke-free environments. Smoking/vaping permitted only in designated areas. Not permitted inside ship, on balconies, on Zodiacs, or on landings. Repeated violations result in $1,000 USD penalty added to shipboard account. Captain or Expedition Leader may disallow off-ship activity participation.

15.6 Alcohol Consumption Minimum age for purchasing, possessing, or consuming alcohol is 18 years. Responsible consumption expected. Ship staff may refuse service if passenger safety at risk. Passengers 18+ may bring 1 liter of wine, champagne, or beer onboard embarkation day only (hard alcohol over 14% ABV prohibited). Alcohol brought onboard consumed only in cabins. $10 USD corkage fee applies. PLX reserves right to deny Adventure Activity participation to anyone deemed physically unable to participate safely.

15.7 Baggage Limits Passengers may not bring luggage or other items on board that are in excess of 158 linear cm (62 in) or 32kg (70lbs). Oversized/overweight items will not be allowed on board without prior approval and may incur extra storage fees.

15.9 Prohibited Items Passengers must abide by flag state and destination country regulations. Prohibited items include: weapons, non-prescription drugs, explosives, illegal substances (including cannabis/marijuana, even medicinal), cooking equipment, including but not limited to, cook pots, hot plates, rice cookers, and toasters, and items whose import/export is forbidden or restricted. PLX may confiscate, dispose, destroy, or surrender such items to authorities without liability. Passengers liable for loss, damage, delay, injury, or death caused by hazardous items brought onboard.

15.10 No Pets No pets allowed onboard.

16. ADVENTURE ACTIVITIES AND EXCURSIONS

16.1 Third-Party Services Use of personal service personnel and third-party suppliers is at passenger's own risk and expense, subject to third-party terms. PLX not responsible for acts, omissions, or negligence of third-party suppliers. Disputes with third parties resolved solely between passenger and third party.

16.2 Adventure Activities Discretion Adventure Activities (kayaking, camping, snowshoeing, etc.) sold in advance, dependent on complex variables, and at sole discretion of PLX, Captain, and/or Expedition Leader. May not proceed due to Force Majeure Events.

16.3 No Refunds for Activities No refunds for Adventure Activities: successfully carried out but passenger chose not to participate; cancelled due to Force Majeure Event; cancelled by Captain/Expedition Leader decision.

16.4 Participation Denial PLX reserves right to deny Adventure Activity participation to anyone not following rules or deemed medically/physically unable to participate safely.

16.5 Independent Contractor Disclaimer Where Adventure Activity providers are independent contractors, neither PLX, its affiliates, owners, officers, agents, employees, contractors, nor associate organizations liable for any act, default, injury (including emotional injury, property damage, or death), loss, expense, damage, deviation, delay, curtailment, or inconvenience caused by such providers.

16.6 Non-Transferable Adventure Activities are non-transferable.

17. PHOTOGRAPHY AND VIDEO

17.1 Photos and Videos by PLX Staff Photos or videos may be taken by PLX staff, crew, Expedition Team, partners, or other passengers. If you do not wish to be photographed/filmed, advise Expedition Leader or photographer. PLX respects privacy and will accommodate preferences. Photos by PLX staff not used for marketing without prior knowledge.

17.2 Professional Photography Professional photographers/videographers may be engaged for marketing purposes. Passengers informed at Expedition beginning and may opt-out of promotional content.

17.3 Passenger Use of Group Images Passengers receiving group photos/videos including other passengers, crew, or Expedition Team must use respectfully. If sharing images with identifiable individuals on social media or public platforms, passengers responsible for ensuring no privacy rights infringement. Recommend obtaining permission before public sharing. PLX not responsible for passenger use of post-voyage images but encourages respect for fellow passenger privacy.

17.4 Privacy Policy See Privacy Policy for details on data collection, storage, and use of imagery.

18. COMPLAINTS AND CLAIMS

18.1 Onboard Complaints Complaints must be raised immediately with Guest Experience Manager or local ground representative for resolution attempt.

18.2 Written Complaints If unresolved, complaints must be submitted in writing to PLX within 30 days of Expedition end.

19. LIABILITY AND DISCLAIMERS

19.1 General Limitation of Liability

PLX and the Vessel are not liable for loss, death, delay, injury, illness to any passenger, or loss/damage/delay to baggage arising from:

Act of God, public enemy, governmental restraint, riots, strikes, lockouts, labor troubles

Epidemic, civil disturbances, perils of sea/harbors/rivers/navigable waters

Fuel shortages or unexpected fuel cost increases

Collision, stranding, fire, theft, barratry, or crime

Navigation or management faults/errors

Explosions, boiler bursting, shaft breakage, vessel defects or unseaworthiness (hull, machinery, appurtenances, equipment, furnishings, supplies, officers, crew)

Defects existing at any time

Fault/neglect of pilot, tugs, officers, crew, agents, servants, independent contractors

Quality, nature, or consequences of medical/surgical treatment

Inherent defect, vice, or quality of passenger's baggage

Insufficient, inadequate, or absent baggage marks, address, or description

Delay in or prevention of sailing, prolongation of Expedition, deviation, stoppage in transit, calls at ports, variations from scheduled route

Seizure of vessel under legal process

Acts, omissions, faults, negligence of passenger or other passengers

Nuclear power operation (passenger accepts all known/unknown risks; PLX has no liability for injury, illness, death resulting therefrom)

Any other cause or circumstance beyond PLX control

19.2 Broad Disclaimer of Liability

PLX disclaims all liability for:

Any injury, illness, or death occurring during the expedition regardless of cause

Emotional distress, mental suffering, or psychological injury of any kind

Any warranties, express or implied, regarding vessel condition, merchantability, fitness, or seaworthiness

Condition of any person onboard or any food, drink, provisions, or medicine supplied

All implied warranties of fitness and merchantability are expressly disclaimed

PLX is not an insurer of passenger safety.

PLX has no liability for:

Injuries or damages from force majeure events

Any occurrence taking place off the vessel

Injuries or damages occurring onboard the vessel or onshore during the expedition

Loss of or damage to baggage or property (unless directly caused by PLX negligence or willful misconduct)

19.3 Release, Waiver, and Indemnification

In consideration of services provided by PLX, passengers (for themselves and heirs, personal representatives, assigns) hereby:

RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND AGREE TO INDEMNIFY PLX AND ITS AFFILIATES (including without limitation owners, officers, directors, employees, contractors, subcontractors, affiliates) from:

ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR:

Emotional injury, bodily injury, property damage, wrongful death, loss of services

Lost profits, lost wages/earnings

Consequential, exemplary, indirect, or punitive damages

Any damages arising from or occurring during the Expedition, scheduled voyage, travel package, or related activities

INCLUDING WITHOUT LIMITATION ANY DELAY, LOSS, DAMAGE, OR INJURY CAUSED BY OR ARISING FROM:

Force Majeure Events

Breakage of shafts or defects/unseaworthiness in hull, machinery, appurtenances, equipment, furnishings, supplies, officers, or crew

Fault/neglect of Master, tugs, officers, crew, agents, servants, independent contractors

Quality, nature, or consequences of medical/surgical treatment

Inherent defect, vice, or quality of baggage

Insufficiency, inadequacy, or absence of baggage marks/address/description

Delay in or prevention of sailing, prolongation of Expedition, deviation, stoppage in transit

Calls at ports or variations from scheduled route

Seizure of vessel under legal process

Acts, omissions, faults, or negligence of passenger or fellow passengers

Risks of travel by sea (weather hazards, navigational dangers, wear and tear, cargo movement/damage)

Any occurrence or event off the vessel

PASSENGERS SPECIFICALLY UNDERSTAND AND AGREE THEY ARE RELEASING, DISCHARGING, AND WAIVING ANY CLAIMS FOR NEGLIGENT ACTS, OMISSIONS, OR CONDUCT OF PLX AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR AFFILIATES.

Passengers acknowledge damages from such acts/omissions are speculative, uncertain, and not reasonably foreseeable when entering this Expedition Contract.

19.4 Cap on Damages

In no event will PLX be responsible for incidental, consequential, or special damages, lost profits, or loss suffered by any person. PLX's maximum liability for any reason whatsoever is limited to the amount paid to PLX for the Expedition.

19.5 EU Regulation 392/2009 and Athens Convention

If any provisions herein are inapplicable or unenforceable, PLX is entitled to all liability limitations and immunities under:

EU Regulation 392/2009 relating to carriage of passengers and luggage by sea

Athens Convention 1974 and 2002 Protocol (for Expeditions not calling at U.S. ports)

19.5.1 Liability Limits Under Regulation and Athens Convention:

19.5.1.2 For Death or Personal Injury:

General limit: 400,000 SDR per passenger (~$535,000 USD, fluctuates) EXCEPT if passenger proves PLX negligence/fault and loss not caused by shipwreck, capsizing, collision, stranding, explosion, fire, or vessel defect

Incidents involving shipwreck, capsizing, collision, stranding, explosion, fire, or vessel defect: 250,000 SDR per passenger (~$335,000 USD) unless incident resulted from act beyond PLX control (war, terrorism, hostilities, civil war, insurrection, natural disaster, intentional third-party acts). Liability may increase to 400,000 SDR unless PLX proves incident occurred without its fault/neglect

War or terrorism incidents: Lesser of 250,000 SDR per passenger (~$345,000 USD) or 340 million SDR total (~$469,200,000 USD) per incident

19.5.1.3 For Luggage:

Maximum 2,250 SDR per passenger (~$3,011 USD, fluctuates)

19.5.1.4 Additional Provisions:

No punitive or exemplary damages available

Damages reduced proportionally for passenger fault/neglect per Article 6

19.6 U.S. Maritime Law Protections

PLX has full benefit of all applicable laws providing limitation/exoneration of liability under any national law, international law, or law of forum where claim is litigated/arbitrated, including but not limited to:

46 U.S.C. §§ 30501-30529

46 U.S.C. §§ 30301-30305

Nothing in this Expedition Contract limits or deprives PLX of any statutory or other limitation or exoneration of liability. PLX servants and/or agents have full benefit of all limitation provisions. Nothing herein deprives PLX of U.S. limitations of liability or exoneration from liability under Title 46 U.S. Code §§ 30501-30509 and 30511, nor does PLX waive any remedies available under law.

20. DISPUTE RESOLUTION

20.1 Arbitration Agreement

All disputes and claims between passenger and PLX arising from or relating to the Expedition and/or Expedition Contract (including breach, termination, enforcement, interpretation, validity, arbitration agreement itself, scope/applicability of this Arbitration Agreement) shall be resolved through binding, confidential, individual, and fair arbitration. Arbitration shall be conducted under the American Arbitration Association Commercial Arbitration Rules.

Exceptions:

Either party may submit dispute to small claims court (if applicable)

Parties may mutually agree to jury trial in U.S. District Court (if jurisdiction permits)

Either party may bring suit to enjoin intellectual property infringement/misuse

Governing Law: Federal Arbitration Act, 9 U.S.C. §§ 1-16 governs interpretation and enforcement. This Arbitration Agreement survives Expedition completion and Contract termination.

Arbitration Process: Either party must send written Notice of Dispute by registered mail to the other, including: name, address, contact information, specific facts giving rise to dispute, Expedition to which Notice relates, and relief requested.

Exclusive Jurisdiction (if arbitration not enforced): If arbitration unenforceable, disputes brought solely and exclusively in U.S. District Court for District of Delaware (or if lacking subject matter jurisdiction, in court of competent jurisdiction in Wilmington, Delaware).

20.2 Class Action Waiver

Passenger agrees to bring claims against PLX only in individual capacity. Passenger expressly waives any right to participate in class action, representative action, or as member of any class, and agrees that any lawsuit shall be litigated individually, not as class or representative action, even if applicable law provides otherwise.

21. MARKETING MATERIALS

21.1 Right to Amend PLX reserves the right to amend marketing materials (brochures, website content, pricing, itineraries) without notice.

21.2 Inspirational Content Images are inspirational and do not necessarily depict exact people, animals, or places encountered during the Expedition.

21.3 No Liability for Errors PLX not liable for typographical errors or omissions in marketing materials or other documentation. PLX reserves right to amend to rectify errors or omissions.

22. GENERAL PROVISIONS

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

22.2 Assignment PLX may assign or transfer any rights or obligations under these T&Cs, including novation to related body corporate, at its sole discretion upon written notice to passenger (including via website).

22.3 Entire Agreement These T&Cs constitute the entire agreement between passenger and PLX and supersede all prior agreements, representations, or understandings (written or oral) relating to the Expedition.

22.4 Notices All written notices to PLX must be sent to:

Mailing Address:

Polar Latitudes, Inc

PO Box 1227

White River Junction, VT 05001

USA

Email:

[email protected]

(with proof of electronic delivery)

22.5 No Waiver Failure by PLX to enforce any provision does not constitute waiver of that provision or any other provision.

22.6 Governing Law These T&Cs are governed by U.S. federal maritime law and, where applicable, Delaware law, excluding conflicts of law principles.

22.7 Survival Sections 12 (Assumption of Risk), 18 (Complaints and Claims), 19 (Liability and Disclaimers), and 20 (Dispute Resolution) survive termination of the Expedition Contract.

ACKNOWLEDGMENT OF TERMS

BY BOOKING AN EXPEDITION WITH POLAR LATITUDES EXPEDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ASSUMING RISKS ASSOCIATED WITH EXPEDITION TRAVEL TO REMOTE REGIONS AND ARE RELEASING PLX FROM LIABILITY AS SET FORTH HEREIN.

YOU ACKNOWLEDGE THAT TRAVEL INSURANCE COVERING CANCELLATION, TRIP INTERRUPTION, MEDICAL EXPENSES, EVACUATION, AND FORCE MAJEURE EVENTS IS MANDATORY AND STRONGLY RECOMMENDED.

YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO ENSURE PROPER TRAVEL DOCUMENTATION, MEDICAL FITNESS, AND COMPLIANCE WITH ALL REQUIREMENTS SET FORTH IN THESE T&CS.

For questions regarding these Terms & Conditions, contact PLX at [email protected]

Flight package trips

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.