Arctic Tern Expeditions

Terms and Conditions

With the aim to operate with complete transparency, the terms and conditions for Arctic Tern Expeditions (ATE) are listed below. ATE reserves the right to change the terms and conditions at any time, and when this happens we will provide all current and future clients with the updated version to review.

TERMS AND CONDITIONS

With the aim to operate with complete transparency, the terms and conditions for Arctic Tern Expeditions (ATE) are listed below. ATE reserves the right to change the terms and conditions at any time, and when this happens, we will provide all current and future clients with the updated version to review.

PASSENGER BOOKING TERMS & CONDITIONS

All travel holidays are operated by Arctic Tern Expeditions Limited, a company registered in England and Wales under company number 12401421. The registered company address for Arctic Tern Expeditions Limited is Holly Dene, South End Roos, Hull, HU12 0HJ, United Kingdom. By booking or participating in a travel holiday with ATE, you (“you”) agree to these Terms & Conditions (the “Terms”).

By booking a trip you acknowledge that you have read, understand, and agree to be bound by these Terms. These Terms, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. [If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. Furthermore, you consent to ATE’s use of your personal data in accordance with our Privacy Policy (https://www.arcticternexpeditions.com/terms-conditions/privacy/) and you are authorised on behalf of all participants in your party to disclose their personal details to ATE, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements).

1. THE BOOKING CONTRACT

Your booking is confirmed and a contract exists when ATE [or its disclosed agent] issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to ATE [or its authorized disclosed agent] immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete, and accurate information to ATE.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your voyage booking, notifying ATE if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and ATE will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. REQUIRED MEDICAL INFORMATION

You must provide any medical information reasonably requested by ATE and may be required to complete the ATE medical information form (the “Medical Form”) [available on the ATE website at http://www.arcticternexpeditions.com/medical_form.]

Medical Forms are mandatory for certain voyages. If you have any pre-existing medical conditions which may have an impact upon your ability to travel, participate in a voyage, travel to remote areas without access to medical facilities, or may adversely affect the experience of others on your voyage, you must return a Medical Form, signed by a licensed and practicing physician to ATE prior to or at the time of final payment for the applicable booking.

You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. ATE will maintain the information in accordance with its Privacy Policy available at https://www.arcticternexpeditions.com/privacy/.

ATE reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a voyage.

ATE reserves the right to deny you permission to travel or participate in any aspect of a voyage at any time and at your own risk and expense where ATE determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to ATE at the time of booking. ATE may refuse to carry women who are over 24 weeks pregnant.

ATE may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not complete the required Medical Form or provide medical information reasonably required by ATE for any reason by the deadline indicated above, ATE reserves the right to cancel your booking and all applicable cancellation fees will apply.

You are responsible for assessing whether a voyage is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. ATE does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the voyage based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with ATE may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your voyage varies and ATE makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to ATE at the time of booking. ATE will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the vessel, the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to ATE at the time of booking but ATE cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and ATE and ATE is not liable for any failure to accommodate or fulfil such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the voyage description or by ATE, the minimum age for minors travelling on any voyage is 8 years old.

All bookings with a minor are subject to review and approval by ATE. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. ATE will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behaviour, wellbeing, supervision, and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. ATE does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. MANDATORY INSURANCE REQUIREMENTS

YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF £250000 covering all applicable dates of the trip. This insurance must cover personal injury and emergency medical expenses. 30 days prior to the voyage you must verify that you have sufficient insurance in place [ by disclosure of the certificate and schedule of insurance]. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of search & rescue, evacuation, loss, damage, injury, delay, or inconvenience while travelling. You acknowledge that insurance coverage is not included in the cost of any voyage offered by ATE and you are required to obtain separate coverage at your own cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

This kind of insurance can be purchased through our travel partners, Global Rescue. Please follow the affiliate link to find out more about this insurance product. https://partner.globalrescue.com/arcticternexpeditions/index.html

7. ANIMAL ENCOUNTERS

It is a condition of travelling with us that you will at all times follow the instructions of the guides and staff of our local operators. Should you fail to do so or be overly confident, eager, or reckless in approaching an animal, you may be withdrawn from the trip and excluded from taking any further part in it. Should an animal be killed or injured because of a provoked attack, a fine per animal may be charged by a local wildlife officer.

We cannot control wildlife or the weather and do not guarantee that you will see all the wildlife and experience all the weather conditions referenced in our trip descriptions and imagery.

8. PRICES, SURCHARGES AND TAXES

ATE will not increase the price of your voyage after you have paid in full. Prior to this time, ATE reserves the right to amend the price of unsold voyages at any time and correct errors in the prices of confirmed voyages. ATE also reserves the right to increase the price of confirmed voyages solely to allow for increases which are a direct consequence of changes in:
(a) The price of the voyage resulting from the cost of fuel or other power sources;
(b) The level of taxes or fees applicable to the voyage imposed by third parties not directly involved in the performance of the voyage including tourist taxes, landing taxes or embarkation or disembarkation fees at ports; and
(c) The exchange rates relevant to the voyage.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed voyage (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of cancelling and receiving a full refund of all monies paid to ATE, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

Should the price of your voyage go down solely due to the changes mentioned above then any refund due will be paid to you less an administrative fee of GBP£50 [or EUR€50], according to the currency of your booking. However please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

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

9. VALIDITY

All dates, itineraries and prices of voyages are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your voyage, including, but not limited to checking the ATE website at least 72 hours prior to departure as minor changes may have been made after the time of booking.

10. DEPOSITS

At the time of booking, a non-refundable deposit of 30% per person per voyage is due to ATE. If the booking is 90 days or less prior to departure, the full amount is due at the time of booking. The non-refundable deposit should be sent to ATE [or authorized agent], as applicable.

Certain products or services offered by ATE may require you to make full payment at the time of booking. ATE will advise you of any such requirements prior to confirmation of the applicable booking.

11. DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by ATE along with the deposit. If you fail to supply information required by ATE for tickets or permits, you will also be liable for any costs, fees or losses including failure to obtain or provide it. In the event that you fail to supply information required by ATE, ATE also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by ATE, in its sole discretion. The information required by ATE may vary voyage by voyage and will be communicated to you during the booking process. ATE will not be responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

12. FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation sent by ATE will contain details of final payment required for any booking. Payment of the balance of the price is due 90 days before the departure date of the voyage. If full payment is not received by the applicable due date, ATE may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 90 days before the departure date of the voyage, then the full amount must be paid at the time of booking.

ATE is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to ATE.

13. CANCELLATION BY THE PARTICIPANT BEFORE DEPARTURE

You may cancel your booking by notifying ATE. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by ATE and are expressed as a percentage of the total price paid for the cancelled voyage (excluding any insurance products).

Cancellation of a voyage:
(a) Cancellation received 180 days or more before departure of the voyage – full refund

(b) Cancellation received 120-179 days before departure of the voyage - retention of the deposit (30%)

(d) Less than 60 days before departure of the voyage – 100%

The cancellation charges above have been calculated as a genuine pre-estimate of the losses ATE would incur in the event you cancelled your voyage within the stipulated time period, taking into account the cost ATE will incur from its suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time.

Important note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

ATE will deduct the cancellation charge(s) from any monies you have already paid to ATE.

Cancellation by You due to Unavoidable and Extraordinary Circumstances

You have the right to cancel your confirmed voyage before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the port of embarkation or its immediate vicinity, and significantly affecting the performance of the voyage or significantly affecting the travel to the port of embarkation. In these circumstances, ATE will provide you with a full refund of the monies you have paid but will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office has changed its advice to warn against travel to your destination or its immediate vicinity after the date of your booking. For the purposes of this clause, please see clause 22 for more information about Force Majeure.

14. GUARANTEED DEPARTURES, CHANGES & CANCELLATION OF A VOYAGE BY ATE

All departure times and arrival times and the identity of the actual vessel advertised by ATE and shown in any confirmation of booking are estimates only and cannot be guaranteed.

All vessels are subject to weather conditions and force majeure. Timetables, routes, and vessels may be changed. When necessary, we reserve the right to perform the carriage with a substitute vessel and/or to deviate from the advertised timetable or route. We also reserve the right to cancel the confirmed booking.

Furthermore, ATE are at liberty to comply with any order or recommendations given by any government or by a person who, under the terms of the war risks insurance of the vessel has the right to give such orders or recommendations, and compliance with such orders or recommendations shall not be deemed to be a deviation or a breach of ATE obligation to you.

Subject to the above and subject to reasonable itinerary changes as described in these Terms, all scheduled voyages booked and secured with a valid deposit will depart as indicated on the applicable confirmation. Up to date voyages and itinerary information is available on the ATE website. Brochures and other printed materials displaying voyage information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.

Occasionally ATE may have to make a significant change to your confirmed voyages. Examples of “significant changes” include the following, when made before departure:

(a) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(b) A change of outward departure time or overall length of your arrangements of twelve or more hours.

(c) A significant change to your itinerary, missing out one or more destination entirely.

If ATE has to make a significant change or cancel, it will tell you as soon as possible and if there is time to do so before departure, will offer you the choice of:

(a) acceptance of the changed arrangements; or

(b) a refund of all monies paid; or

(c) accepting an offer of an alternative voyage (subject to availability). If the alternative voyage is of a lower price that the original voyage the difference, if already paid, will be refunded to you.

You must notify ATE of your choice within 7 days of the offer. If ATE does not hear from you within 7 days, it will contact you again to request notification of your choice. If you fail to respond again within 3 days ATE will assume that you have chosen to accept the change or alternative booking arrangements.

Once a voyage has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment, or comfort. Any changes are at the discretion of ATE. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with ATE, whether or not such expenses arise from a change of itinerary and ATE is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. ATE will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Compensation

In addition to a full refund of all monies paid for the cancelled voyage by you, ATE will pay you reasonable compensation in the following circumstances:

- if ATE makes a significant change less than 60 days before your departure date and you do not accept the changed arrangements and cancel your booking; or

- if ATE cancels your booking and no alternative arrangements are available.

IMPORTANT NOTE: ATE will not pay you compensation in the following circumstances:

- where ATE makes an insignificant change;

- where ATE makes a significant change or cancels your arrangements more than 60 days before your departure;

- where ATE makes a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

- where ATE has to cancel your arrangements as a result of your failure to make full payment on time;

- where the change or cancellation by ATE arises out of alterations to the confirmed booking requested by you; or

- where ATE is forced to cancel or change your arrangements due to Force Majeure for which see clause 22.

Table of Compensation Payable

Period before departure date notification given by ATE.

Compensation per fare paying passenger (excluding infants)

0-7 days: £50

8-14 days: £40

15-28 days: £30

29-42 days: £20

43-59 days: £10

More than 60 days: NIL

If ATE becomes unable to provide a significant proportion of the voyage that you have booked them after you have departed, ATE will, if possible, make alternative arrangement for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

15. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. 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. You must have a passport that is valid 6 months after the last date of the voyage as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the voyage, 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 ATE that is a direct result of your failure to secure or be in possession of proper travel documentation. ATE does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment. You agree that ATE is not responsible for any errors or omissions in this information.

16. FLEXIBILITY

You acknowledge that the nature of voyage and adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to voyages, itineraries, or services by ATE. The route, schedules, accommodations, activities, and amenities are subject to change without notice due to unforeseeable circumstances or events outside the control of ATE (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of ATE, including your removal from a voyage because of your negligence or breach of these Terms.

17. CHANGES MADE BY YOU & TRANSFERS OF BOOKING

Changes made by you:

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform ATE in writing as soon as possible. This should be done by the first named person on the booking. You are responsible for ensuring that information provided to ATE is accurate and up to date. Any changes to your name on any booking are subject to ATE approval. Any changes to a booking depend on availability and are subject to ATE approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee and you should be aware that these costs could increase the closer to the departure date that changes are made. Cancellation of any voyage or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure. Where ATE is unable to assist you and you do not wish to proceed with the original booking ATE will treat this as a cancellation by you. A cancellation fee may be payable.

Transfer of booking: 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 voyage;

b) ATE is notified not less than 7 days before departure;

c) you pay any outstanding balance payment, an amendment fee of GBP£50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

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

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 13 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important note: Certain arrangements may require a longer notice period or may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

18. ACCEPTANCE OF RISK

You acknowledge that the voyage offered by ATE may involve a significant amount of risk to your health and safety. By travelling with ATE you acknowledge that you have considered any potential risks to health and safety. You assume responsibility for all such risks and release ATE from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in the nature of the voyage and its destinations and participating in adventurous activities such as those included in the voyage. ATE requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your tour. The Waiver is available at https://www.arcticternexpeditions.com/terms-conditions/participation-waiver/

You acknowledge that the degree and nature of personal risk involved depends on the voyage booked and the location(s) included in the voyage; that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by inflatable vessels or other high-risk activities. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with the voyage.

19. YOUR RESPONSIBILITIES

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on the voyage or, if in the opinion of ATE or the master of the vessel (acting reasonably), your behaviour is causing or is likely to cause danger, distress, or material annoyance to others, ATE may terminate your voyage immediately at your expense and without any liability on the part of ATE. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your voyage, including, without limitation, return travel, accommodations, meals, and incidentals expense.

It is important for the safety and comfort of all on board the vessel that you behave properly at all times. Furthermore, that you exercise control of any other person for whom you are responsible. Your mental or physical state or attitude or behaviour should not present a hazard or risk to yourself, other passengers, the crew or to property.

It is the duty of every person on board the vessel to respect the safety measures taken on board with regard to the seaworthiness of the ship and the safety of the persons on board. You must pay attention to and comply with all regulations and notices relating to safety and security of the ship, the crew, and passengers.

The captain and crew may make and enforce such reasonable rules as they see fit in order to preserve the safety security comfort and enjoyment of the passengers and crew. Such rules may vary from time to time and may be applied differently in different parts of the ship.

If, in the opinion of ATE or the master of the vessel (acting reasonably) your behaviour is causing or likely to cause danger distress or material annoyance to others ATE may terminate your voyage immediately at your expense and without any liability on the part of ATE. You will not be entitled to any refund for unused or missed services or costs incurred as a result of the termination of your voyage including without limitation return travel and accommodation meals and incidental expense.

Smoking (which includes e-cigarettes) is not permitted in any of the cabins. Smoking on board is permitted in designated areas only which are appropriately marked including relevant signs.

Consumption of your own alcohol on board the vessel is not permitted. Failure to comply with this requirement shall result in an additional surcharge applied by ATE in correspondence to the amount payable to the on-board charges should alcohol be purchased on board.

Excessive intake of alcohol, where it is clear that that may pose a danger to themselves or others is not allowed on board the vessel.

Possession and consumption of illegal drugs is not allowed on board.

Dangerous goods such as including but not limited to firearms, knives and gas cylinders must not be brought on board the vessel without the prior permission of ATE and/or the master. If such dangerous goods are brought on board without our knowledge, ATE and/or the master may unload, render innocuous or destroy them as the circumstances may require without liability to pay compensation for the damage or loss of such goods.

You are responsible for any costs (including repair, replacement, and cleaning fees) incurred by ATE or the vessel owners for property damage, destruction or theft caused by you while on a voyage. You agree to immediately report any pre-existing damage to a representative of ATE as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on the voyage including, but not limited to, the proper use of safety devices (including harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither ATE or the vessel owners are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to ATE as soon as possible in order to provide ATE with the opportunity to properly address your complaint. You agree to inform the ATE representative directly. ATE assumes no liability for complaints that are not properly brought to its attention. ATE cannot resolve or attempt to resolve complaints until proper notice is provided. If you fail to notify ATE of complaints or concerns while on the voyage ATE will have been deprived of the opportunity to investigate and rectify your complaint immediately. This may affect your rights under these Terms. Any complaint made after the completion of a voyage must be received in writing by ATE within 30 days of end of the voyage.

20. OUR RESPONSIBILITIES

(1) ATE accepts responsibility for the arrangements as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, ATE is responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if ATE or the vessel owners negligently perform the voyage and ATE does not remedy or resolve your complaint within a reasonable period of time, ATE will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ATE or the vessel owners’ negligence affected the overall enjoyment of the voyage.

(2) ATE will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or

(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

(c) Force Majeure (see clause 22).

(3) ATE limits the amount of compensation it may have to pay you if it is found liable under this clause as follows:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount ATE will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) claims not falling under (a) above and which do not involve injury, illness or death: the maximum amount ATE will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where you have not received any benefit at all from the voyage.

(c) Claims in respect of international travel by sea:

i) The extent of ATE liability will in all cases be limited by The Convention relating to Carriage of Passengers and their Luggage by Sea 1974, as amended in 1976 (the Athens Convention) and where applicable EU Regulation 392/2009 Relating to the Liability of Carriage of Passengers by Sea in the Event of Accidents. For the purposes of the Athens Convention and EU Regulation 392/2009 ATE is the contracting carrier.

The Athens Convention and the EU Regulation 392/2009 limits our liability for death of or personal injury to a passenger and/or loss of or damage to the passenger’s luggage and makes special provision for valuables. A summary of the Athens Convention can be found via the following link: https://www.legislation.gov.uk/ukdsi/2014/9780111112502.

According to the Athens Convention and/or EU Regulation 392/2009 our liability shall in no case exceed:

(aa) Under the Athens Convention SDR46,666 or SDR250,000 or under EU Regulation 392/2009 SDR 400,000 for death or injury of passengers

(bb) Under the Athens Convention SDR 833 or under the EU Regulation 392/2009 SDR 2,250 applies for loss or for damage to cabin luggage; and

(cc) Under the Athens Convention SDR 1,200 or under the EU Regulation 392/2009 SDR 3,375 applies for loss of or damage to luggage other than that mentioned in (bb)

We do not accept any liability for loss of or damage to money, securities, or other valuables such as gold, silver, watches, jewels, jewelry, and objects of art.

(4) It is a condition of ATE acceptance of liability under this clause that you notify any claim to ATE strictly in accordance with the complaints procedure set out in these Terms.

(5) Where it is impossible for you to return to your port of disembarkation on the agreed date due to any unavoidable and extraordinary circumstances, ATE will arrange repatriation using equivalent transport. If it is impossible to ensure your timely return, ATE will bear alternative accommodation costs for a period not exceeding 3 nights per passenger. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, 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 back to your port of disembarkation.

21. PROMPT ASSISTANCE

If the voyage is not performed or is improperly performed as a result of failures attributable to you or a third party unconnected with the provision of any arrangement for the voyage or due to unusual and extraordinary circumstances, and you suffer injury or loss, ATE will offer prompt assistance as is appropriate in all the circumstances. In particular, ATE will provide appropriate information with regard to health services, local authorities, and consular assistance, and with distance communications and seeking alternative travel arrangements but reserve the right to charge a reasonable fee.

22. FORCE MAJEURE

Except where otherwise expressly stated in these Terms, ATE will not be liable or pay you compensation caused by force majeure, meaning any event beyond ATE or the vessel owner’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, labour difficulties, interference by authorities, political disturbance, significant risks to human health such as the outbreak of serious disease at the port of embarkation or disembarkation or natural disasters such as weather conditions [ which make it impossible to travel safely to the travel destination or remain at the travel destination] the act of any government or other national or local authority including port authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with the vessel.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

23. IMAGES AND MARKETING

You agree that, while participating in any voyage, images, photos, or videos may be taken by other passengers, the vessel crew or ATE or its representatives that may contain or feature you. You consent to any such pictures being taken and give permission to ATE to reproduce for marketing purposes.

24. PRIVACY POLICY

ATE must collect your personal information to carry out the voyage. ATE collects, uses, and discloses only that information reasonably required to enable ATE to provide the particular voyage, products and/or services that you have requested as described in ATE’s Privacy Policy, which can be accessed any time at http://www.arcticternexpeditions.com/terms-conditions/privacy/ and is expressly incorporated into these Terms. By submitting any personal information to ATE, you consent to ATE’s Privacy Policy.

25. SEVERABILITY

If any provision of these Terms becomes invalid, illegal, or unenforceable, it shall be deemed to be deleted but shall not affect the validity or enforceability of any other provision.

26. APPLICABLE LAW

The Contract and these Terms are subject to the laws of England and Wales and you submit agree to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute under these Terms.

27. AMENDMENTS

ATE reserves the right to update or alter these Terms at any time and will post the amended Terms on the ATE website at arcticternexpeditions.com/terms-conditions/. Any amendment will take effect 10 days after being posted to the website. An up-to-date copy of these Terms, as amended, may be accessed at any time on the website and will be sent to you upon written request to ATE. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the website. ATE recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.