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 booking 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 upon request 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 24 hours of receiving them and if you cancel you will be entitled to a refund of the monies you have paid to us or the Supplier/Principal per their Terms and Conditions. If we do not hear from you within 24 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 (e.g. Reservation or Bookign 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.

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 the Supplier/Principal will charge the cancellation fees set out in their booking terms and 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, 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, regardless of Supplier/Partner agreements, 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 travelers. 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 supplier’s insolvency, though this coverage is not a mandatory requirement.

5.1 We strongly 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.

8.1.0 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.

8.1.4 Our 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 with respect to the performance of your contract by the suppliers. We do not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, 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 nor 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, 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 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 operated by Supplier/partners and sold 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. See Section 18.

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.

18. Disclaimer of Liability: The images featured are inspirational in character and do not necessarily depict the exact people, animals, and places encountered by travelers. Without limitation, The Polar Adventure Company is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation or 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, accommodations or otherwise, or for any other reason beyond the control of The Polar Adventure Company (each, herein referred to as an event or act of force majeure). You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.

We shall not be responsible for any injury to person, (including emotional injury or physical injury and 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 any trip, 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 any purchased or provided Emergency Evacuation Insurance. The conditions of carriage 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 reservation or booking, the traveler also agrees to its terms and conditions.

The traveler accepts that Supplier/Partners do not undertake to carry as baggage any electronics, computers, merchandise, samples, furniture, household goods, tools of trade, property of persons other than the traveler, pictures, works of art, perishable or breakable goods, glassware, liquids, bric-a-brac, money, securities and notes, whether or not negotiable, documents, valuables, gold, silver, silverware, precious stones and metals or jewelry. If any such items or articles are brought aboard, the traveler expressly agrees that neither The Polar Adventure Company nor the Supplier/Partner or Vessel owner shall have any liability for loss or damage howsoever caused, even if by the negligence of the Supplier/Partner or the Vessel owner. The traveler is not allowed to bring on board items or articles, the importation or exportation of which may be forbidden, or which do not conform to the customs or police regulations or the laws of any country to which the Vessel may go in the course of the trip. A traveler who violates this rule will be held liable for all resulting fines, losses, damages, or delays. The traveler is not allowed to place in baggage any firearms or any flammable or inflammable matter of any kind, such as matches, gunpowder, fireworks, cigarette lighters, cartridges, films, etc. Supplier/Partner and/or the Vessel owner may dispose of or destroy such items without liability. The traveler will be liable for the full amount of all loss, damage, or delay to the Vessel or her cargo and for all injury to, or death of any fellow travelers, Expedition staff, officers or crew, or other persons caused by such hazardous articles brought on board by the traveler.

Travelers using the services of any personal service personnel, if carried on board, or using athletic or recreational equipment, facilities or supplies, do so at the traveler’s own risk and expense, without any responsibility of The Polar Adventure Company, Supplier/Partner or the Vessel owner.

All Polar Adventure Company brochures, or marketing, or website pages are inspirational in character and do not necessarily depict the exact people, animals, and places encountered by travelers.

19. Viewing Wildlife: Since most Partner/Supplier trips specialize in viewing wildlife, reasonable effort is made to arrange itineraries to places where wildlife is known to exist. However, the animals encountered live wild and free, and no one person or Supplier/Partner can fully predict nor control their movements. To locate wildlife that may have deviated from its normal movement patterns, or in the interest of Guests’ comfort, safety, or other circumstances, Supplier/Partners may be required to make changes to accommodations, modes of transportation, activities, or other itinerary elements, sometimes with little or no notice.

Wildlife viewing will vary significantly due to numerous factors including wildlife movements and behavior, weather conditions, human interference, climate change, and changes in species biodiversity and density in the various locations visited. While Supplier/Partners will make reasonable efforts to provide an outstanding wildlife viewing experience, we cannot guarantee the availability, diversity, and/or quantity of wildlife, including what is described in our brochures, conversation(s), email, website, related imagery, or documentation. The Polar Adventure Company accepts no responsibility for the frequency, duration, or lack thereof of wildlife sightings or encounters on any Supplier/Partner trip.