Terms and Conditions - Arctic 2011 and Antarctica 2011-12
The purchase of any travel services offered by Quark Expeditions, Inc. (hereinafter with its affiliates, owners, officers, agents and employees collectively referred to as "Quark" or "QEI") creates a contractual relationship between QEI and you, the customer/participant in the travel package by QEI and represents your acceptance of the terms and conditions of your travel package set out herein (the "Terms and Conditions"). Please read the following information carefully. In order for your tour reservation to be completed, you must indicate your acceptance of the Terms and Conditions by checking the appropriate box when paying your deposit for online reservations, or, for reservations made by telephone, by signing and returning the Acknowledgment Form mailed to you by Quark. You are advised to check on the Quark website located at www.quarkexpeditions.com or to request the latest version of the Terms and Conditions from Quark prior to booking your travel package.
Reservations and Payment
Reservations by Telephone
Deposits - To confirm reservations on all Quark products a deposit of 10% (minimum $1000 per person) is required at time of booking. The deposit may be paid by bank wire transfer, check, money order or major credit card. For any booking within 120 days of departure full payment is required.
Final Payments – Balances are due 120 days prior to departure. Final payment can be made by calling Quark Expeditions and may be paid by bank wire transfer, check, money order or major credit card.
Deposits and payments for and Post travel options are specific to each item and are explained and communicated at time of purchase.
Booking Online
Deposits - To confirm reservations on all Quark products a deposit 10% (minimum $1000 per person) is required at time of booking. The deposit must be paid by major credit card. For any bookings within 120 days of departure full payment is required.
Final Payments – Balances are due 120 days prior to departure. Final payment can be made by calling Quark Expeditions and must be paid by major credit card.
Deposits and payments for pre-expedition and post-expedition services are specific to each item and are explained and communicated at time of purchase.
Special requests - Quark Expeditions will always try to accommodate special requests, but will not guarantee such things like as cabin number, bedding type, special meals and airline seats. Please ensure all special requests are conveyed to your booking agent at time of reservation.
Emergency Evacuation Insurance
Emergency evacuation insurance, to a maximum benefit per paying traveler of $100,000 USD, is included in the cost of Quark Expeditions voyages from Travelex insurance company. Included coverage is applicable only to travel occurring between the first and last day of program purchased from Quark Expeditions. Additional days of travel prior to the expedition and/or after the expedition purchased from suppliers other than Quark Expeditions are not covered by the included emergency evacuation insurance.
Travel Insurance
It is a condition of the booking that you and all members of your party have comprehensive travel insurance coverage. Due to the remoteness of the areas in which we travel, travelers must have a minimum $50,000 of emergency medical coverage. Quark Expeditions requires proof of coverage prior to embarkation. The travel insurance policy should also cover trip cancellation insurance, trip delay (interruption or after departure coverage), baggage and repatriation. Quark Expeditions will not be held responsible for delays due to force majeure. Any additional costs accrued will be the responsibility of traveler.
Cancellations and Refunds
All requests for cancellation must be received in writing. Cancellations received 180 days or more prior to departure, are refunded less an administrative fee of $750 per person. If cancellation is received between 179 days and 120 days, the deposit is forfeited. If cancellation occurs less than 120 days prior to departure, all payments are forfeited. If full payment has not yet been received, the full penalty will still apply and any unpaid balance is due immediately To protect the traveler's investment, we recommend that the traveler obtain adequate trip cancellation insurance.
Cancellations cannot be made online.
Adventure Options
Prices quoted are based on group participation and no refunds will be made for any part of the program in which the traveler chooses not to participate, including any helicopter flying time (if applicable and which, at the discretion of the Captain and Expedition Leader, may or may not be used). It is understood that refunds cannot be made to travelers who do not complete the services for any reason whatsoever.
Beverage Package
Beverage packages are sold on an individual basis and are meant for the purchaser’s personal consumption. While there is no limit to the number of drinks an individual can consume, certain conditions apply.
(1) It is prohibited for beverage package holders to distribute any included drinks to other clients or staff members. Drinks will therefore only be dispensed one at a time to the package holder.
(2) Beverage packages are available for sale up to two weeks before the departure date and not thereafter. Beverage packages are not available for purchase on board the ship.
(3) The bartender reserves the right to refuse drinks if:
a) The client appears intoxicated or is engaging in inappropriate behavior
b) The client is abusing the beverage packages and/ or sharing drinks with other passengers and/ or staff members
c) The client is deemed to be wasting drinks and ordering indiscriminately
(4) One last-call drink will be available a half hour prior to the bar closing.
Pre and Post Travel
Pre and Post travel options arranged by Quark Expeditions are refundable up until 120 days prior to departure, minus an administration fee of $100 per person. Cancellations received less than 120 days before departure are 100% non refundable.
Cancellation by Quark Expeditions
Quark Expeditions begins planning our voyages many months in advance of departure. Occasionally, we have to make changes both before and after bookings have been confirmed. Quark reserves the right to cancel any service prior to departure, in which case payment will be refunded without further obligation on our part. Please note that in the event of cancellation Quark Expeditions will not be responsible for the costs of any additional travel arrangements or other items not purchased through Quark Expeditions.
Amendments to Bookings
Quark Expeditions will make every effort to assist in changing traveler's reservations, however, changes must be submitted in writing a minimum of 120 days prior to departure. If the amendment is possible it will be subject to a $100 change fee.
Transfers of Deposits or Payments to Alternate Voyages
Should travelers be unable to take the expedition they originally booked, but would like to travel on an alternate date, it may be possible to transfer deposits or payments from the original booking to the alternate booking, subject to the following conditions. The new expedition must occur within one year of the original expedition date. A request to transfer must be made in writing to Quark Expeditions more than 120 days prior to the departure of the original voyage. Quark Expeditions reserves the right to prohibit transfers on any of its voyages. Should a transfer request be granted, a fee of $250 per person will be charged.
Medical Forms
Medical forms will be sent to booked travelers via e-mail link once the deposit has been received. Travelers must review and complete the forms and then immediately return them. Questions that relate to a traveler's physical or mental suitability must be completed by a medical practitioner. Quark Expeditions cannot offer medical advice. Medical forms must be filled out in full, honestly and accurately, and disclose all medical history and information. Should the traveler's medical situation change after submitting the medical forms, it is the traveler's responsibility to advise Quark Expeditions immediately. Quark Expeditions will review the information submitted, and reserves the right to ask for further information, clarity on information, or for documentation from your medical practitioner. Quark Expeditions reserves the right to deny passage to any traveler on reasonable medical grounds. For travelers that book within 120 days of departure, completed medical forms must be received within 7 days of making payment. Quark Expeditions reserves the right to deny boarding, without refund or resulting expenses, to any traveler at the pier for any reason at its sole discretion, including but not limited to in the event that the on board medical officer determine that the traveler has not disclosed accurate medical information.
Itinerary
The itinerary described is subject to change at the discretion of the ship's Master and Quark Expeditions' Expedition Leader. This is an expedition to a remote part of the world and Quark Expeditions reserves the right to change the itinerary due to weather conditions, availability of anchorages, political conditions or other factors beyond its control, without consulting the travelers. It is understood that such decisions will be made in the best interests of all travelers aboard and with regard to the safety of the vessel. Travelers have no right to any refund or other considerations in the event of these itinerary changes. Nothing in this brochure or website is meant to signify the use of any specific design or model of helicopter. The images featured are inspirational in character and do not necessarily depict the exact people, animals and places encountered by travelers. The traveler must be in possession of a valid passport and any visas, permits and certificates that are required for the duration of the services provided by Quark Expeditions and shall arrange such vaccinations as are normally recommended for the countries through which they intend to travel. Information about these matters and climate, clothing, baggage, gear, and similar items is given in good faith but without responsibility on the part of Quark Expeditions.
Rates
All fares are quoted in U.S. dollars (USD). Rates for voyages, flights, as well as optional pre-expedition and post-expedition extensions are based on tariffs and exchange rates in effect at the time of printing and are subject to change prior to departure. Substantial changes in tariffs, exchange rates and the price of fuel, services and labor sometimes increase the cost of expedition arrangements significantly. Quark reserves the right to alter prices or introduce surcharges accordingly, even if payment has been received in full. All travelers are required to pay for their excursion and additional purchases in conjunction with their excursion in the same currency.
Scheduled Flights
For scheduled flights, the fare rules of the airline carrier, including payment and cancellation conditions apply.
Compensation
Compensation for personal injury is limited in accordance with the provisions of any applicable International Conventions. These include, for example, in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation and are limited to the provisions of, respectively, the Geneva Convention 1973, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
Limitation of Liability
QEI purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its control. Neither QEI, its affiliates, owners, officers, agents, employees, nor any associate organization shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of QEI, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In issuing tickets for transportation of the travel by any means and making arrangements for travel, hotel or other accommodation, QEI is not acting as principal but only as agent for the companies, corporations, owner, public carriers or persons providing or offering the means of transportation and accommodation. You further understand that QEI neither owns not operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold QEI responsible for their acts or omissions. In no event will QEI be responsible for incidental, consequential or special damage or loss suffered by any person. QEI's maximum liability, for any reason whatsoever, will be limited to the amount paid to QEI for its services. Without limitation, QEI is not responsible for any negligent or willful acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels or other accommodations, or for any other reason beyond the control of QEI You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.
QEI reserves the right (at their discretion) to alter or omit any part of the itinerary or change any reservation, feature and/or means of conveyance without notice and for any reason whatsoever, without allowance or refund and with extra costs, if any, resulting, said changes being paid by the travelers. We reserve the right to cancel any services prior to departure, in which case payment will be refunded without further obligation on its part. QEI shall not be responsible for any injury to person (whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising or military action occurring in the countries of origin, destination or passage.
In case of a medical problem arising during the voyage, either on board or on shore, which results in costs for evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to the traveler if costs incurred are above that of the Emergency Evacuation Insurance.
The traveler contract in use by the carriers concerned (when issued) shall constitute the sole contract between the transportation companies and the purchaser of these services and/or passage. By accepting the ticket, the traveler also agrees to its terms and conditions.
Acknowledgment of Risk
You understand and acknowledge that your travel in connection with and participation in the tour arranged at your request by QEI may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers or agents of QEI or the negligence or participation of other participants, contractors and/or subcontractors to QEI. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during your journey.
By payment of your deposit, you certify that you do not have any mental, physical or other condition or disability that would create a hazard for yourself or other travelers and you confirm that you are physically and mentally capable of participating in the activity and willingly and knowingly elect to participate in your travel package in spite of the potential risk of danger. By payment of your deposit, you certify that you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of QEI. QEI reserves the right to remove a passenger or cancel or withdraw any reservation at any time at its sole discretion.
Express Assumption of Risk and Responsibility/Participation
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this tour in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, or contractors of QEI. You understand and acknowledge that reserves the right to accept or reject any participant for any reason, and QEI or its guide has the right to disqualify you from any trip activity, if in QEI's or such guide's judgment, you are incapable of that activity and/or your continued participation in the tour will endanger yourself or the safety of the group. It is your responsibility and obligation to inform QEI, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the tour or any activity on the tour. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to QEI.
Release of Liability
In consideration of the services and arrangements provided by QEI, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify QEI, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. 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 OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES OF QEI.
Express Waiver of Consequential, Punitive or Exemplary Damages
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against QEI its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.
Arbitration
Any controversy or claim arising out of or relating to these Terms and Conditions or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Atlanta, GA, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. Such proceedings will be governed by substantive Delaware law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator's decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
Exclusive Governing Law and Jurisdiction
These Terms and Conditions and any actions and proceeding brought hereunder shall be governed by the laws of the State of Delaware without regard to conflict of laws principles. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, these Terms and Conditions shall be exclusively in the courts of the State of Delaware, or if it has or can acquire jurisdiction, in the United States District Court for the District of Delaware, and all of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.
Waiver of Jury Trial
In connection with any action or legal proceeding arising out of this agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
Use of Likeness
Travelers extend Quark Expeditions permission to take their photograph during the voyage, and release all rights over those images understand and consent that QEI may use any likeness taken of you and any of your comments while on your tour for future publicity and promotional material. . Travelers who do not wish to be photographed during the voyage must inform Quark Expeditions in writing prior to the voyage.
Antarctica Fly and Cruise Program
QEI acts only as the sales agent for THE Antarctica Fly and Cruise Program available on this website or in the QEI brochure (the "Antarctica Fly and Cruise Program"). The Antarctica Fly and Cruise Program is operated by Antarctica XXI and is governed by terms and conditions which can be found on Antarctica XXI's website at http://antarcticaxxi.com, or can be requested by contacting Antarctica XXI directly at 1-877-994-2994.
IMPORTANT – PLEASE READ: QEI accepts bookings for the Antarctica Fly and Cruise Program on behalf of Antarctica XXI and the customer on the condition that neither QEI nor its affiliates, owners, officers, agents, employees, nor any associate organization shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of QEI, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel or other equipment or instrumentality under the control of independent suppliers, including, but not limited to Antarctica XXI.
For the Contingency Plan for the Antarctica Fly and Cruise Program In Case of Weather Delays please visit www.quarkexpeditions.com
General booking terms
The following booking terms will apply in case of a regular booking, both for individuals and groups; in case of a charter (booking of the entire voyage and vessel) specific booking terms will have to be negotiated and agreed upon.
A Booking Fee ($1500 per person) should be paid to confirm a booking made 120 days prior to the departure date or earlier.
The total amount of the cost should be paid no later than 120 days before the date departure. Failure to do so will liberate the booking for sale to another passenger. If a reservation is made after 120 days prior to the departure date, the total cost of the voyage. The Participation Form duly filled and signed by the passenger should be received by ANTARCTICA XXI no later than 60 days prior to departure date. The payment of a deposit of any part or full payment for a reservation on this tour shall constitute consent to all the provisions contained herein.
Payment, Cancellation, and refund policies
The following payment, cancellation and refund policy will apply in case of a regular booking; in case of a charter (booking of the entire voyage and vessel) specific payment, cancellation and refund terms will have to be negotiated and agreed upon.
Once the Booking Fee is received, the outstanding payment should be paid in full no later than 120 days prior to departure. Failure to do so will liberate the booking for sale to another passenger and the booking fee will not be refunded.
In case of cancellation, which must be done in writing by the passenger, the following terms will apply:
Cancellation made up to 120 days prior to departure: there will be a full refund of the expedition or program cost less 55% of the Booking Fee. Cancellation made between 120 days and up to 60 days prior to departure: there will be a refund of 75% of the total cost of the voyage (per person). Cancellation made between 60 days and up to 30 days prior to departure: there will be a refund of 45% of the total cost of the voyage (per person).
Cancellation received after 30 days prior to departure: there will be no refund whatsoever.
IMPORTANT - PLEASE READ: Your purchase is subject to your acceptance of these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU WILL NOT BE ABLE TO PARTICIPATE IN YOUR TOUR.
Should you have any questions, please call Quark Expeditions, Inc. at (888) 892 0334 or +1 (203) 803 2888