Agency Booking Terms and Conditions

Except where otherwise specified, we, The Polar Adventure Company Ltd., a company registered in Canada with company number 87512 and registered office address of 2 Black Duck Cove Road, Twillingate, NL (“The Polar Adventure Company”, “we”, “us”, “our”) act only as a booking agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any travel arrangements or other services you purchase (“Arrangements”) or for the acts or omissions of any supplier, local operator or other person(s) or party(ies) connected with any arrangements. For all Arrangements, your contract will be with the supplier of the Arrangements in question (the “Supplier/Principal”).

By making a booking with us, the first named person on the booking agrees on behalf of all persons detailed on the booking that they:

a) have read these Agency Booking Terms & Conditions and agree to be bound by them;

b) consent to our use of personal data in accordance with our Privacy Policy and they are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); and

c) are over 18 years of age and where placing an order for services with age restrictions they declare that they and all members of their party are of the appropriate age to purchase those services;

d) where a person detailed on the booking is under 18 years of age, the first named passenger guarantees the performance of these terms by any such persons and indemnifies The Polar Adventure Company against any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by The Polar Adventure Company arising as a result of any breach of these terms by such persons under the age of 18 and/or any losses, costs, claims, liabilities, damages, demands and expenses suffered by The Polar Adventure Company which would not have been suffered or incurred had all passengers been over the age of 18 and bound by these terms;

e) accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1. Contract: When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. local operator) of the Arrangements, as specified on your confirmation invoice. As agents we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by them. Your booking with us is subject to these Agency Booking Terms and Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with. We will provide you with a link to the Supplier/Principal's terms and conditions as soon as practicable after you have received your booking confirmation and you are advised to read them carefully. The Supplier/Principal's terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. If you have any questions relating to the Supplier/Principal's terms and conditions or wish to cancel your booking because you do not accept them, then you must notify us within 48 hours of receiving them and if you cancel you will be entitled to a refund of the monies you have paid to us. If we do not hear from you within 48 hours of receiving them, you will be deemed to have accepted the Supplier/Principal's terms and conditions.

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.

2. Booking: Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your Arrangements or other persons necessary for the provision of your Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. If we cannot pass this information to the relevant suppliers, we will be unable to provide your booking. Full details of our data protection policy are available upon request.

3. Payment: In order to book your chosen Arrangements, you must pay a deposit as required by the Supplier/Principal of the Arrangements (or full payment if booking within 130 days of departure or as requested by the Supplier/Principal). You must also pay all applicable booking fees.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

Our Sites may contain links to third party websites or micro-sites not controlled or owned by us. For example, reference sites or ancillary products and services sites or websites owned by our commercial partners. It is your responsibility to check the status of these sites before using them. Please read their applicable terms and conditions carefully.

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside your country on your credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure from that shown on your documentation. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside your country. Booking international travel may be considered to be an international transaction by the bank or card company, since The Polar Adventure Company may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

3.1. Willing to Share Arrangements If you are entering into a “willing to share” cabin accommodations Arrangement, as arranged by us, and it is an Arrangement that is outside our Suppliers/Principals pricing structure or offerings, you are agreeing to pay in full at time of booking. Your full payment to us is 100% non-refundable, non-transferable, and ineligible for any future travel credits with the Supplier/Principal or us.

4. Prices We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Arrangements at the time of booking.

4.1 Dynamic Cabin Pricing: Cabin prices on board a number of The Polar Adventure Company’s supplier vessels are dynamic, that is the pricing structure is determined by the ship on the basis of fluctuations in inventory levels and exchange rates. Cabin prices on these vessels are not guaranteed and are subject to change and availability at the operator's discretion. Ships which feature dynamic pricing in the The Polar Adventure Company product range include, but are not limited to: Fram, Roald Amundsen, Fridtjof Nansen, La Boreal, Le Lyrial, Le Soleal, Le Laperouse, Le Champlain, Le Commandant Charcot, Endeavor, Silver Cloud, and Silver Explorer. Your pricing will be confirmed at the time you make your deposit.

5. Insurance: Travel insurance is compulsory for all our travellers. You are required to be covered by a comprehensive travel insurance policy that includes emergency evacuation, medical repatriation and medical expenses. We travel to remote regions, so we recommend that the policy’s emergency evacuation benefit be higher than the minimum and cover you for remote evacuation should it be required. Please ask your Travel Insurance provider about insurance against the supplierser’s insolvency, though this coverage is not a mandatory requirement.

5.1 We recommend that you take out your travel insurance policy when you book your adventure. You may also wish to consider deposit or cancellation insurance where there is an extended period between booking and your scheduled departure date.

6. Special requests: If you have any special requests (for example dietary requirements), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we cannot guarantee that they will be fulfilled and we will have no liability to you if they are not.

7. Changes and Cancellations by you: Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. While we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests.

Unless you are cancelling your booking because you have notified us that you do not accept the Supplier/Principal’s terms and conditions within 48 hours of receiving them, all amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure).

In addition, you must also pay us an administration fee of USD$75.00 per person per change or cancellation.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

7.1 Willing to Share Cancellation: Your cancellation, for any reason, of a Willing to Share arrangement, that is outside of our Supplier/Principal pricing structure or offerings, is 100% non-refundable, non-transferable, and illegible for future travel credit by either the Supplier/Principal or The Polar Adventure Company. Your cancellation is an absolute and complete forfeiture of all payments to us. Please ensure you are edequately covered for cancellation with your travel insurance provider.

8. Changes and Cancellations by the Supplier/Principal: We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.

8.1.1 We will use our best endeavours to provide you with the adventure as advertised. However, due to reasons beyond our control, our supplier may decide to cancel or vary a tour, be it for natural disasters, safety issues, terrorism, industrial action, political instability, weather conditions, ice conditions, force majeure or any other event whatsoever. You will have no right to any refund and The Polar Adventure Company will have no obligation to you or be liable for any compensation or damages, for any loss, consequential or indirect damages, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment in respect of such changes. Such changes may not be used by you as a reason for cancelling the trip or to put forward a claim of any kind to The Polar Adventure Company.

8.1.1 The Polar Adventure Company will not be responsible for the performance of the contract if prevented or delayed by acts consider force majeure or acts of God, strikes, or other industrial relations matters, accidents, weather, traffic, airport conditions, endemic/pandemic, lack of performance by third party suppliers, or other causes beyond their control.

8.1.2 Should, for the reason of a medical condition, the supplier reserves the right to decline to accept your booking/boarding, without refund or resulting expenses to any passenger for any reason at the supplier's discretion.

8.1.3 Where it is necessary for the supplier to substantially vary, or cancel the tour, you may request: A refund of so much of the price that has been paid, and The Polar Adventure Company: (i) will refund the price to the extent that it can be recovered from our supplier without resorting to legal proceedings; or (ii) to credit so much of the tour price paid by you as we can reasonably and properly credit (as credited by the supplier), allowing for all the circumstances, to another tour offered by the same supplier.

8.1.4Our suppliers have varying requirements that you must comply with including completing a questionnaire, medical form, or similar in order to assist with the running of the adventure concerning issues such as clothing size, medical conditions, and other matters. They will also require your agreement to their Conditions of Carriage. It is essential that the Conditions of Carriage and ancillary documents are returned to us completed and signed by yourself within 14 days of your booking confirmation, or 130 days before the scheduled departure date, whichever is the earlier date or as specified by the supplier. If there is less than 130 days between your booking and the scheduled departure date, the documentation must be completed, signed, and received by us within seven (7) days of the date of your booking confirmation. Should you not provide these documents within the time frame mentioned, our suppliers will not allow you to board the ship, and we reserve the right to cancel your booking and our refund policies are applicable.

8.2 Delay or Change of Itinerary: Our suppliers may, for a variety of reasons, change the date of departure or conclusion of the tour, the scheduled point of departure or return, or omit or change any stop whether before or after the tour has departed. You will have no right to any refund and The Polar Adventure Company will have no obligation to you or be liable for any loss, consequential damages, expenses, loss of time or enjoyment or inconvenience in respect of such changes.

9. Our responsibility for your booking Your contract is with the Supplier/Principal and its booking conditions apply. We are an independent contractor and are not an employee, agent, or representative of any of these suppliers in respect of the performance of your contract by the suppliers. We do not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. We are not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of The Polar Adventure Company. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither The Polar Adventure Company, nor its employees, directors, agents, or representatives are or may be liable for any loss, injury, or damage to any trip participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of The Polar Adventure Company. We assume no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; and we shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. We accept no responsibility for lost or stolen items. We reserve the right to refuse any participant or potential participant at our sole discretion. As booking agents, we accept no responsibility for the actual provision of the Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith.

10. International Travel, Visa, passport and health requirements: By offering bookings for travel in particular international destinations, we do not represent or warrant that travel to such areas is advisable or without risk. We will not be liable for damages or losses that result from travel to such destinations.

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.

11. Complaints: Because the contract for your Arrangements is between you and the Supplier/Principal, any queries or concerns about your Arrangements should be addressed to them. If you have a problem with your Arrangements while using them, these problems must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint.

If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly. Participant claims not submitted and received within thirty (30) days shall be deemed waived and barred.

12. Indemnification: Subject to these Agency Terms & Conditions, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Agency Terms & Conditions or the agreements made part of these Agency Terms & Conditions by reference or your breach of any applicable law.

13. Law and Jurisdiction: These Agency Terms & Conditions are governed by the substantive federal law of Canada, we both agree that the courts of Canada have exclusive jurisdiction over any dispute, claim or other matter which arises between us.

14. Accommodation Ratings and Standards: All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

15. Documentation & Information: All descriptions and content on our website or otherwise issued by us are provided on behalf of the Supplier/Principal in question and are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details in respect of any Arrangements or any other services please contact us

16. Acceptance of risk: The tours offered by The Polar Adventure Company of an adventurous nature, and you acknowledge that, in addition to the usual risks inherent in travel, the trip has additional risks, such as weather extremes, remoteness from medical services, evacuation difficulties if you are disabled, or physical exertion for which you may not be prepared, and others. You also agree that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being the reason for your participation. In making the booking, you accept all risks and agree that it is a condition of the booking that you travel at your own risk.

17. Severability In the event that any term of the contract is unenforceable or void by operation of law or for any other reason, then the remaining provisions will not be affected and this contract will be construed so as to most nearly give effect to the intentions of the parties at the time it was entered into.