The Shackleton Club

These Terms and Conditions govern your participation (“you”, “your” or the “Member”) in the Shackleton Club Membership (“Shackleton Club”) which is run by Quark Expeditions, Inc. (“Quark”). Please read these Terms and Conditions carefully. By using any benefit provided through the Shackleton Club, or otherwise participating in the Shackleton Club after being provided with these Terms and Conditions, you agree to be bound by them. A trip operated by Quark is referred to in these Terms and Conditions as an “Expedition”.

1. Introduction

1. All passengers who have travelled on and completed a Quark Expedition will automatically be enrolled as a member of the Shackleton Club. Participation in the Shackleton Club entitles a Member to the discounts and benefits applicable to their tier of membership (“Membership Tier”). All qualifying Expeditions completed by a Member will count towards the Member’s Membership Tier, irrespective of whether the Expedition was booked directly with Quark or through a travel agent or other third party, including qualifying Expeditions completed before these Terms and Conditions take effect. Unless expressly stated otherwise in these Terms and Conditions, Membership Benefits may be used in connection with an Expedition booked through a travel agent or other third party.
2. Members of the Shackleton Club automatically receive the benefits of the applicable Membership Tier, as outlined in Schedule 1 to these Terms and Conditions (the “Membership Benefits”). The Membership Benefits which are available vary depending on which Membership Tier you are in. The Membership Tiers are as follows:
   1. Silver Member – for any Member that has travelled and completed one (1) Expedition;
   2. Gold Member – for any Member that has travelled and completed two (2) Expeditions; and
   3. Platinum Member – for any Member that has travelled and completed three (3) (or more) Expeditions.
3. Unless expressly stated otherwise in these Terms and Conditions, any Membership Benefit that applies at the time an Expedition booking is made must be requested at the time of booking and cannot be added retrospectively. Where these Terms and Conditions permit a Membership Benefit to be used or added after the initial Expedition booking, including an Adventure Option Discount or a benefit to be enjoyed or accessed onboard the ship, the Member may request that benefit within the time period specified for that Membership Benefit.
4. Membership in the Shackleton Club and a Member’s Membership Tier do not expire, unless the Member’s membership is terminated in accordance with these Terms and Conditions. Individual Membership Benefits may be subject to expiry dates, usage limits and other restrictions as set out in these Terms and Conditions or Schedule 1. Unless otherwise stated in these Terms and Conditions, Membership Benefits may be combined with other Quark promotional offers. Quark may designate certain promotional offers, including limited-time, flash-sale or other specially designated promotions, as being non-combinable with one or more Membership Benefits, provided that any such restriction is stated in the terms applicable to the relevant promotion before the applicable booking is made. Once a Member moves from one Membership Tier to another Membership Tier, the Member will automatically receive the benefits applicable to the new Membership Tier and, unless otherwise expressly stated, any unused benefits that were specific to the previous Membership Tier will be forfeited.
5. For the purposes of these Terms and Conditions: (i) “Day 1” means the first scheduled day of the applicable Expedition itinerary as confirmed on the Member’s travel documents; and (ii) “Adventure Option” means an optional adventure activity or experience offered by Quark in connection with an Expedition and identified by Quark as an Adventure Option.

2. Cabin Upgrades

1. Cabin upgrades are subject at all times to availability and are offered in the sole discretion of Quark. Quark makes no guarantee whatsoever that there will be any cabin upgrade available on any of its Expeditions. Subject to the foregoing, if you are selected for a cabin upgrade, then you shall be notified of this ahead of the departure date of your Expedition (with the time period for such notification being dependent on your Membership Tier). Unless Quark specifies otherwise, any upgrade will only be to the next level cabin category available on your booking.

3. Onboard Rebooking Offer

1. The Onboard Rebooking Offer is available for all Members to benefit from by making an additional booking for a future Quark Expedition, whilst onboard the ship, or for any booking which is made with Quark within 14 days following the disembarkation date from the ship of the Expedition. The booking must take place in the future and cannot be used to amend, or otherwise add, any additional services to the Member’s then current trip or any future Expedition which had already been booked.
2. The Onboard Rebooking Offer may be combined with other Quark promotional offers unless the terms applicable to the relevant promotion expressly state otherwise. However, the Onboard Rebooking Offer may not be combined with the Offboard Booking Offer. The Onboard Rebooking Offer may be used for any other booking with Quark with the exception of the Spitsbergen Highlights 5-night voyages.
3. The Onboard Rebooking Offer may only be used against the core price of the Expedition. It cannot be redeemed against (without limitation) any transfer packages, Adventure Options, additional hotel accommodations, pre/post Expedition extensions, insurance, flights or any other services or activities that are not included within the core price of the Expedition.

4. Offboard Booking Offer

1. The Offboard Booking Offer is available for all Members to benefit from by making an additional booking for a future Quark Expedition. The financial amount of the Offboard Booking Offer varies, depending on your Membership Tier.
2. Any booking which utilizes the Offboard Booking Offer must be in respect of an Expedition which is to depart in the future. The Offboard Booking Offer may be applied once to each eligible new booking made by the Member, and the amount of the Offboard Booking Offer applicable to each such booking will be determined by the Member’s Membership Tier at the time that booking is made. There is no limit on the number of separate eligible future bookings to which a Member may apply the Offboard Booking Offer, provided that each booking otherwise satisfies these Terms and Conditions.
3. The Offboard Booking Offer may be combined with other Quark promotional offers unless the terms applicable to the relevant promotion expressly state otherwise. However, the Offboard Booking Offer may not be combined with the Onboard Rebooking Offer.
4. The Offboard Booking Offer may only be used against the core price of the Expedition and cannot be redeemed against (without limitation) any transfer packages, Adventure Options, additional hotel accommodations, pre/post Expedition extensions, insurance, flights or any other services or activities that are not included within the price of the core Expedition.

5. Referral Programme

1. All Members of the Shackleton Club may be eligible for a referral bonus for any eligible new guests that the Member introduces to Quark. A Member making an eligible referral is referred to as a “Referring Member” for the purposes of these Terms and Conditions.
2. A Referring Member who refers an eligible new guest to Quark in accordance with this Section 5 will be eligible for a travel credit in the amount specified in Schedule 1 (the “Referral Travel Credit”) for each eligible new guest that the Member introduces to Quark who makes a qualifying booking with Quark (a “Referred Guest”).
3. A Referring Member may receive a Referral Travel Credit for a maximum of ten (10) Referred Guests per calendar year. The maximum Referral Travel Credit that may be earned in any one calendar year is the equivalent of US $2,500 in the applicable currency (or such other amount that may be 10 x the amount specified in Schedule 1). Referred Guests may be on the same booking or across multiple bookings. The Referred Guest must identify the Referring Member at the time the Referred Guest makes their booking; referrals cannot be attributed retrospectively. A Member may not refer themselves, and where more than one Member claims the same Referred Guest, Quark’s records will determine which Referring Member, if any, is entitled to the Referral Travel Credit.
4. The Referral Travel Credit will be issued after the Referred Guest has confirmed their booking with Quark and Quark has received the applicable deposit amount for the Expedition. The Referral Travel Credit is valid for twelve (12) months from the date of issue, has no cash value, is non-transferable and may not be redeemed for cash. If the Referred Guest subsequently cancels the qualifying booking or the booking is otherwise reversed or refunded, Quark may cancel or reverse any Referral Travel Credit issued in respect of that booking to the extent it has not already been validly redeemed.
5. Any referrals made under these Terms and Conditions must be done in good faith and distributed in a personal manner that is appropriate and customary for friends and family members. Bulk email distributions, distributions to strangers, or individuals with whom the Referrer does not have a personal or family relationship may be grounds for suspension or termination from the Shackleton Club. Quark reserves the right to refuse, cancel or reverse the Referral Travel Credit, in its sole discretion, where it determines that there has been fraud, misuse or abuse of the referral programme, the Membership Benefits or any other breach of these Terms and Conditions.
6. The Referral Travel Credit may be combined with the Onboard Rebooking Offer or the Offboard Booking Offer and with other Quark promotional offers, except where the terms applicable to the relevant promotional offer expressly state that it cannot be combined with the Referral Travel Credit. The Referral Travel Credit may only be used against the core price of the Expedition and cannot be redeemed against (without limitation) any transfer packages, Adventure Options, additional hotel accommodations, pre/post Expedition extensions, insurance, flights or any other services or activities that are not included within the price of the core Expedition.

6. Flexible Rebooking

1. Platinum Members are provided with a flexible rebooking benefit for bookings made with Quark. A Platinum Member may request to amend a booking with Quark, without paying any amendment or cancellation fee, provided that (i) the amendment request is made more than 150 days prior to Day 1 of the Expedition, and (ii) the new travel date occurs within 1 year from Day 1 of the Expedition from the original travel date. The flexible rebooking benefit is in respect of the core Expedition itself. For indirect bookings which are made with a third party or travel agent, the Member should check the applicable booking terms of such third party or travel agent, as use of the flexible rebooking benefit may be limited.
2. Any amendments requested 150 days or fewer before Day 1 of the original Expedition will be treated as a cancellation and the cancellation terms set out in the Booking Terms applicable to that booking shall apply. Any proposed rebooking dates shall be subject at all times to availability and the payment of any additional amounts which are applicable for such proposed rebooked date.
3. In the event that your new booking is less than the price of your original booking then Quark shall refund the difference to you. If the new booking is more expensive than the price of your original booking, then you shall be required to pay the additional amounts in respect of the new booking. Any new booking shall not be confirmed until all additional amounts have been received by Quark.

7. Adventure Option Discount

1. Gold Members and Platinum Members are provided with a discount against eligible Adventure Options offered by Quark in connection with their Expedition (“Adventure Option Discount”). The amount of the discount varies by Member Tier as set out in Schedule 1. The Adventure Option Discount may be used in connection with an Expedition booked through a travel agent or other third party, provided that the eligible Adventure Option is booked with Quark in accordance with this Section 7.
2. The Adventure Option Discount can only be used once per Expedition and is applicable for one Adventure Option booking only. If more than one Adventure Option is included in your booking, then the Adventure Option discount is only applicable once and will be applied against the more expensive Adventure Option which is included in your booking.
3. The Adventure Option Discount may be applied to an eligible Adventure Option added after the Expedition booking is made at any time up to (but excluding) Day 1 of the Expedition. Once the Expedition has departed the Adventure Option Discount cannot be applied retrospectively to any Adventure Options booked during the Expedition.

8. Shipboard Credit

1. Each Member will be provided with a credit in the amount applicable to their Membership Tier as set out in Schedule 1 (“Shipboard Credit”) which will be applied to eligible charges on the Member’s onboard account at the conclusion of the Expedition. The Shipboard Credit is awarded per Member, not per booking or cabin. Accordingly, where two or more Members travel on the same booking or share a cabin, each Member is entitled to their own Shipboard Credit. A passenger who is not a Member is not entitled to a Shipboard Credit.
2. The Shipboard Credit may be applied to eligible charges posted to the Member’s onboard account during the Expedition. It may not be applied to gratuities, exchanged for cash, transferred to another person or carried forward to another Expedition. Any unused portion expires at the conclusion of the Expedition.

9. Early Season Access

1. Members will be notified by email of selected new product launches before those launches are made available to the general public. Early Season Access is an advance-notification benefit only and does not guarantee the availability of any Expedition, cabin category, itinerary, departure date or price. Any booking made following an Early Season Access notification remains subject to availability and the terms applicable to that booking.

10. Pre/Post Expedition Discount

1. Platinum Members are entitled to a twenty-five percent (25%) discount on eligible pre- or post-Expedition extensions offered by Quark in connection with an Expedition (the “Pre/Post Expedition Discount”), as identified by Quark from time to time. The Pre/Post Expedition Discount may be used in connection with an Expedition booked through a travel agent or other third party but applies only to eligible pre- or post-Expedition extensions offered by Quark.
2. The Pre/Post Expedition Discount applies only to the price of the eligible pre- or post-Expedition extension offered by Quark and does not apply to any comparable or similar pre- or post-Expedition product or service offered by a travel agent or other third party. It does not apply to the core Expedition price, flights, insurance, transfers or any other product or service unless Quark expressly states otherwise. The discount is subject to availability and any additional eligibility or booking restrictions stated for the applicable extension.
3. The Pre/Post Expedition Discount may be applied after the Expedition booking is made at any time up to, but only up (but excluding) 30 days prior to Day 1 of the Expedition.

11. General

1. These Terms and Conditions govern membership of and participation in the Shackleton Club only. Where a Member makes a booking for an Expedition, that booking will be separately governed by the booking terms, expedition contract and any other terms and conditions applicable to that booking (together, the “Booking Terms”). Nothing in these Terms and Conditions varies the Booking Terms except to the extent expressly stated in relation to a particular Membership Benefit. If there is any inconsistency between these Terms and Conditions and the applicable Booking Terms, these Terms and Conditions will govern eligibility for, and use of Membership Benefits and the applicable Booking Terms will otherwise govern the Member’s Expedition and booking.
2. Quark may amend these Terms and Conditions, the Membership Tiers or the Membership Benefits, or suspend or discontinue all or part of the Shackleton Club. Where a change materially adversely affects Members, Quark will provide at least thirty (30) days’ notice before the change takes effect, unless a shorter period is reasonably necessary because of legal, regulatory, fraud-prevention or other circumstances outside Quark’s reasonable control. Unless otherwise stated, changes will apply prospectively and will not affect a Membership Benefit that has already been validly applied to a confirmed booking before the effective date of the change.
3. A Member may cancel their membership in the Shackleton Club at any time by sending written notice of cancellation to customerops@exodus.co.uk. On cancellation, any unused Membership Benefits will be forfeited immediately and may not be reinstated or transferred. Quark may suspend or terminate a Member’s membership or withdraw Membership Benefits at any time with immediate effect and without written notice, for any reason and in Quark’s sole discretion including, without limitation, if Quark believes the Member has acted fraudulently, abused or misused the Shackleton Club or any Membership Benefit, provided false or misleading information concerning eligibility, or otherwise materially breached these Terms and Conditions.
4. IN NO EVENT WILL QUARK, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH A MEMBER’S PARTICIPATION IN THE SHACKLETON CLUB OR USE OF A MEMBERSHIP BENEFIT.
5. These Terms and Conditions, and participation in the Shackleton Club, are governed by the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware in any action to enforce (or otherwise relating to) these Terms and Conditions or relating to the Shackleton Club.
6. Membership of the Shackleton Club and Membership Benefits are personal to the Member and may not be sold, assigned, transferred or exchanged for cash except where these Terms and Conditions expressly provide otherwise. Quark may correct any Membership Tier, Membership Benefit, credit or other entitlement that has been applied to a Member’s account as a result of fraud, mistake, duplicate records or administrative or technical error.
7. The Member is responsible for any tax liability arising from receipt or use of a Membership Benefit to the extent required by applicable law.
8. Quark will process personal information in connection with the administration of the Shackleton Club in accordance with its privacy policy (which can be found at – Privacy Policy – Quark Expeditions). Membership of the Shackleton Club does not, by itself, constitute consent to receive marketing communications. Quark may send Members service communications reasonably required to administer their membership and Membership Benefits, including notices of changes to these Terms and Conditions.
9. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A failure or delay by Quark in exercising any right under these Terms and Conditions will not constitute a waiver of that right.
10. A Member may not assign or transfer their rights or obligations under these Terms and Conditions. Quark may assign or transfer its rights and obligations under these Terms and Conditions to an affiliate or in connection with a merger, reorganization, sale or transfer of all or a material part of the business relating to the Shackleton Club, provided that doing so does not materially reduce the Member’s rights under these Terms and Conditions.
11. These Terms and Conditions constitute the agreement between Quark and the Member concerning membership of and participation in the Shackleton Club. They do not replace or amend the separate Booking Terms applicable to any Expedition except where expressly stated in these Terms and Conditions.

Schedule 1 – Membership Benefits