The purchase of any travel services offered by Quark Expeditions, Inc.
(hereinafter with its affiliates, owners, officers, agents and employees
collectively referred to as "Quark" or "QEI") creates
a contractual relationship between QEI and you, the customer/participant
in the travel package by QEI and represents your acceptance of the terms
and conditions of your travel package set out herein (the “Terms and Conditions”).
Please read the following information carefully.
All late payments are subject to a penalty of 1.5% interest per month,
or 18% per annum. Quark reserves the right to cancel any booking that is
not paid within 120 days of departure or deny boarding on any unpaid balances.
Special requests - Quark Expeditions will always try to accommodate special
requests, but will not guarantee such things as cabin number, bedding type,
special meals and airline seats. Please ensure all special requests
are conveyed to your booking agent at time of reservation.
Emergency Evacuation Insurance
Emergency evacuation insurance, to a maximum benefit per paying traveler
of $100,000 USD, is included in the cost of Quark Expeditions voyages from
Travelex insurance company. Included coverage is applicable only to travel
occurring between the first and last day of program purchased from Quark
Expeditions. Additional days of travel prior to the expedition and/or after
the expedition purchased from suppliers other than Quark Expeditions are
not covered by the included emergency evacuation insurance.
It is a condition of the booking that you and all members of your party
have comprehensive travel insurance coverage. Due to the remoteness of
the areas in which we travel, travelers must have a minimum $50,000 of
emergency medical coverage. Quark Expeditions requires proof of coverage
prior to embarkation. The travel insurance policy should also cover
trip cancellation insurance, trip delay (interruption or after departure
coverage), baggage and repatriation. Quark Expeditions will not be held
responsible for delays due to force majeure. Any additional costs accrued
will be the responsibility of the traveler.
Prices quoted are based on group participation and no refunds will be made
for any part of the program in which you choose not to participate, including
kayaking, camping, skiing, mountaineering or ballooning (if applicable
and which, at the discretion of the Captain and Expedition Leader, may
or may not be used). It is understood that refunds cannot be made to travelers
who do not complete the services for any reason whatsoever.
Any child under the age of 18 must have a waiver signed by a parent prior
to embarkation on any Quark vessel.
Pre and Post Travel
Pre and Post travel options arranged by Quark Expeditions may not
be refundable after booked, please consult with your travel agent for full
terms and conditions on the product you booked. Cancellations received
less than 120 days before departure are 100% non refundable.
Cancellation by Quark Expeditions
Quark Expeditions begins planning our voyages many months in advance of
departure. Occasionally, we have to make changes both before and
after bookings have been confirmed. Quark reserves the right to cancel
any service prior to departure, in which case payment will be refunded
without further obligation on our part. Please note that in the event of
cancellation Quark Expeditions will not be responsible for the cost of
any additional travel arrangements beyond the voyage or other items not
purchased through Quark Expeditions. Due to the nature of Quark's Antarctic
Express (Fly South, cruise North; Fly the Drake; and cruise South, Fly
North) programs, Quark Expeditions will not offer passengers a refund in
the event of trip cancellation if the charter flight is not able to take
off by 1400 hrs on day 3 (travel insurance is STRONGLY recommended. The
Travelex Travel insurance sold via Quark Expeditions would cover a cancellation
due to weather on the charter flight.) Cancellation policy for Quark's
Antarctic Express (Fly South, Cruise North; Fly the Drake; and Cruise South,
Fly North) programs are set forth in the Contingency Plan below.
Amendments to Bookings
Quark Expeditions will make every effort to assist in changing your reservation;
however, changes must be submitted in writing a minimum of 120 days prior
to departure. If the amendment is possible it will be subject to a $100
change fee per person plus any difference in fare if applicable.
Transfers of Deposits or Payments to Alternate Voyages
Should travelers be unable to take the expedition they originally booked,
but would like to travel on an alternate date, it may be possible to
transfer deposits or payments from the original booking to an alternate
booking, subject to the following conditions: The new expedition must
occur within one year of the original expedition date and a request to
transfer must be made in writing to Quark Expeditions more than 120 days
prior to the departure of the original voyage. Quark Expeditions reserves
the right to prohibit transfers on any of its voyages. Should a transfer
request be granted, a fee of $250 per person will be charged.
2012-2013 Quark's Antarctic Express (Fly South, Cruise North; Fly the Drake;
and Cruise South, Fly North) Programs Contingency Plan
For "Antarctic Express (Fly South, Cruise North; Fly the Drake; and
Cruise South, Fly North) " only: Quark Expeditions will make every
effort to ensure the Antarctica Express programs takes place, but due to
weather conditions, flying in this region can be difficult and is beyond
the control of Quark Expeditions. We strongly recommend that all
expedition guests purchase a travel insurance policy including trip delay,
cancellation and interruption insurance. Please ask your Polar Travel Advisor
about travel Insurance.
In the unlikely event that the charter flight is unable to fly on day 2
due to weather delays, Quark Expeditions will provide an additional night
hotel accommodation in Punta Arenas and a ½ day tour.
On day 3 should the charter flight not be able to take off by 1400hrs,
Quark Expeditions will officially cancel the voyage and provide letters
for all clients to submit to their travel insurance providers under trip
delay/Interruption and cancellation clause.
Quark Expeditions will not offer passengers a refund in the event of trip
cancellation. Quark Expeditions will not offer passengers compensation
in the event of a delay.
If the charter flight is not able to take off by 1400 hrs on day 3, Quark
Expeditions will make every effort to assist passengers with rebooking
hotels or flights, but this will be at the cost of the passengers, and
Quark Expeditions strongly recommends that all clients contact their
insurance provider prior to changing any reservations.
Passengers on board the ship during these delays will remain on board with
no additional cost until the time in which the charter flight is able to
arrange transport. Quark Expeditions advises all clients to book
changeable airlines tickets along with cancellation and interruption insurance
to assist with additional airline change fees. We advise all passengers
to have flexible travel arrangements upon disembarkation of the voyage
if delays arise. Quark Expeditions will not be held responsible for
any change/cancellations fees due to weather related delays or any other
delays arising from force majeure.
For cancellation due to all other events of force majeure, the standard
terms and conditions of Quark Expeditions shall apply.
Medical forms will be sent to you via e-mail link once the deposit has
been received. You must review and complete the forms and immediately return
them. Questions that relate to your physical or mental suitability
must be completed by a medical practitioner. Quark Expeditions cannot
offer medical advice. Medical forms must be filled out in full, honestly
and accurately, and disclose all medical history and information. Should
your medical situation change after submitting the medical forms, it is
your responsibility to advise Quark Expeditions immediately. Quark
Expeditions will review the information submitted and reserves the right
to ask for further information, clarity on information, or for documentation
from your medical practitioner. Quark Expeditions reserves the right
to deny passage to any traveler on reasonable medical grounds. For
travelers that book within 120 days of departure, completed medical forms
must be received within 7 days of making payment. Quark Expeditions
reserves the right to deny boarding, without refund or resulting expenses,
to any traveler at the pier for any reason at its sole discretion, including
but not limited to in the event that the on board medical officer determines
that the traveler has not disclosed accurate medical information.
All adventure options require a signed Adventure Option waiver, which will
be sent to you once you have booked and paid for your adventure option.
This form MUST be completed prior to you taking part in the adventure option. The
Expedition staff reserve the right to deny participation to any client
who has not signed the adventure option waiver, does not follow the rules
set out by expedition staff or is not medically/physically able to participate
The itinerary described is subject to change at the discretion of the ship's
Master and Quark Expeditions' Expedition Leader. This is an expedition
to a remote part of the world and Quark Expeditions reserves the right
to change the itinerary due to weather conditions, availability of anchorages,
political conditions or other factors beyond its control, without consulting
the travelers. It is understood that such decisions will be made in the
best interests of all travelers aboard and with regard to the safety of
the vessel. Travelers have no right to any refund or other considerations
in the event of these itinerary changes. Nothing in this brochure or website
is meant to signify the use of any specific design or model of helicopter.
The images featured are inspirational in character and do not necessarily
depict the exact people, animals and places encountered by travelers. The
traveler must be in possession of a valid passport and any visas, permits
and certificates that are required for the duration of the services provided
by Quark Expeditions and shall arrange such vaccinations as are normally
recommended for the countries through which they intend to travel. Information
about these matters and climate, clothing, baggage, gear, and similar items
is given in good faith but without responsibility on the part of Quark
All fares are quoted in U.S. dollars (USD). Rates for voyages, flights,
as well as optional pre-expedition and post-expedition extensions are based
on tariffs and exchange rates in effect at the time of printing and are
subject to change prior to departure. Substantial changes in tariffs, exchange
rates and the price of fuel, services and labor sometimes increase the
cost of expedition arrangements significantly. Quark reserves the
right to alter prices or introduce surcharges accordingly, even if payment
has been received in full. All travelers are required to pay for
their excursion and additional purchases in conjunction with their excursion
in the same currency.
Discounts and Promotions
Quark Expeditions has the right to limit, withdraw or change any and/or
all discounts and promotions without notice and/or compensation.
Any tour does not include international airfare or any other flights unless
mentioned in the inclusions.
Quotes: All quotes are in USD dollars, unless otherwise stated.
Price changes: Until the tickets are issued, Quark Expeditions reserves
the right to change prices in the event of any price increase for any reason
including, but not limited to, airfares wrongfully quoted due to system
error, the price of fuel and/or currency fluctuations or government taxes
or levies, or any other reasonable cause.
Full payment: Full payment must be received by Quark Expeditions before
the Option period expires to guarantee the reservation at quoted price.
A guarantee of payment by the Client is an acceptance of the travel arrangements
as requested at the total price quoted. Cancellation fees will apply if
the Client subsequently decides to cancel after ticket has been issued.
Changes & cancellations: Unless otherwise stated, airline tickets are
100% non-changeable & non-refundable once tickets have been issued.
Changes made prior to ticket issuance may be applied at Quark Expeditions
discretion, and will also have Administrative Fees applied.
Flight reconfirmation: Quark Expeditions strongly recommends flight times
and numbers be verified or reconfirmed at least 72 hours prior to departure.
Quark Expeditions is not responsible for any change to airline schedules
or flight numbers after tickets have been issued.
Airline tickets: Once issued, all airline tickets are non-transferable
and are valid only for the dates and routings shown. If an airline ticket
is lost, the client is responsible for the full cost of a new ticket and
any changes that may occur in replacement.
Airline, airport or weather delays: Quark Expeditions will not be held
responsible for any additional expenses or loss that may arise from airline,
airport or weather delays. Quark Expeditions will not reimburse for any
additional expenses incurred by the Client as a result. Quark Expeditions
will not refund any unused portion of air tickets purchased in the event
of such delays due to conditions beyond its control.
For scheduled flights, the fare rules of the airline carrier, including
payment and cancellation conditions, apply.
Charter flights are at an additional cost unless otherwise stated. Quark
Expeditions reserves the right to change charter flight costs based on
fuel surcharges or increased charter hire rates.
Compensation for personal injury is limited in accordance with the provisions
of any applicable International Conventions. These include, for example,
in the course of road travel, air travel, rail travel, sea travel, or hotel
accommodation and are limited to the provisions of, respectively, the Geneva
Convention 1973, the Warsaw Convention as amended by the Hague Protocol
1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962
Limitation of Liability
QEI purchases transportation, hotel accommodations, and other services
from various independent suppliers that are not subject to its control.
Neither QEI, its affiliates, owners, officers, agents, employees, nor any
associate organization shall be held liable for any act, default, injury
(including death), loss, expense, damage, deviation, delay, curtailment
or inconvenience caused to or suffered by any person or their property,
howsoever arising, which may occur or be incurred by any organization or
person, even though such act, default, injury, loss, expense, damage, deviation,
delay, curtailment or inconvenience may have been caused or contributed
to: (a) by the act, neglect or default of QEI, or of any persons for whose
acts it would otherwise be responsible, or (b) defects or failures of any
aircraft, vessel, automotive vehicle or other equipment or instrumentality
under the control of independent suppliers. In issuing tickets for transportation
of the travel by any means and making arrangements for travel, hotel or
other accommodation, QEI is not acting as principal but only as agent for
the companies, corporations, owner, public carriers or persons providing
or offering the means of transportation and accommodation. You further
understand that QEI neither owns nor operates such third party suppliers
and accordingly, agree to seek remedies directly and only against those
suppliers and not hold QEI responsible for their acts or omissions. In
no event will QEI be responsible for incidental, consequential or special
damage or loss suffered by any person. QEI's maximum liability, for any
reason whatsoever, will be limited to the amount paid to QEI for its services.
Without limitation, QEI is not responsible for any negligent or willful
acts of God or force majeure, weather emergencies, breakdown, or failure
of diving or mechanical equipment, government actions, inclement weather,
sickness, attacks by animals, availability of medical care or the adequacy
of the same, criminal activity of any kind, terrorism, war, civil disturbance,
sanitary conditions, quality or sanitation of food, quarantine, customs,
regulations, epidemics, strikes, hotel overbooking, safety and/or security
standards at hotels or other accommodations, or for any other reason beyond
the control of QEI. You understand, agree with, and agree to be legally
bound by the terms of the release and waiver of liability set forth herein.
QEI reserves the right (at their discretion) to alter or omit any part
of the itinerary or change any reservation, feature and/or means of conveyance
without notice and for any reason whatsoever, without allowance or refund
and with extra costs, if any, resulting, said changes being paid by the
travelers. We reserve the right to cancel any services prior to departure,
in which case payment will be refunded without further obligation on its
part. QEI shall not be responsible for any injury to person (whether
or not resulting in death) or damage to property arising out of any act
of war, insurrection, revolt or other civil uprising or military action
occurring in the countries of origin, destination or passage.
In case of a medical problem arising during the voyage, either on board
or on shore, which results in costs for evacuation, use of aircraft or
repatriation, the responsibility for payment of these costs belongs solely
to the traveler if costs incurred are above that of the Emergency Evacuation
The traveler contract in use by the carriers concerned (when issued) shall
constitute the sole contract between the transportation companies and the
purchaser of these services and/or passage. By accepting the ticket, the
traveler also agrees to its terms and conditions.
Acknowledgment of Risk
You understand and acknowledge that your travel in connection with and
participation in the tour arranged at your request by QEI may involve risk
and potential exposure to injury. You also realize and acknowledge that
risk and dangers may be caused by the negligence of the owners, directors,
employees, contractors, subcontractors, officers or agents of QEI or the
negligence or participation of other participants, contractors and/or subcontractors
to QEI. You also recognize and acknowledge that risk and dangers may arise
from foreseeable and unforeseeable causes, including weather and other
acts of nature. You fully understand and acknowledge that the aforementioned
risks, dangers and hazards are a potential in connection with recreational
activities which may take place during your journey.
By payment of your deposit, you certify that you do not have any mental,
physical or other condition or disability that would create a hazard for
yourself or other travelers and you confirm that you are physically and
mentally capable of participating in the activity and willingly and knowingly
elect to participate in your travel package in spite of the potential risk
of danger. By payment of your deposit, you certify that you willingly and
voluntarily assume full responsibility for any injury, loss or damage suffered,
whether caused in whole or in part by the negligence of the owners, directors,
agents, officers, employees, contractors or subcontractors of QEI. QEI
reserves the right to remove a passenger or cancel or withdraw any reservation
at any time at its sole discretion.
Express Assumption of Risk and Responsibility/Participation
In recognition of the inherent risk of the travels and related activities
in which you are intending to engage, you confirm that you are physically
and mentally capable of participating in the activity, that you are willingly
and knowingly electing to participate in this tour in spite of the potential
risk of danger, and you willingly and voluntarily assume full responsibility
for any injury, loss or damage suffered by you or caused by you, whether
caused in whole or in part by the negligence of the owners, directors,
agents, officers, employees, or contractors of QEI. You understand
and acknowledge that QEI reserves the right to accept or reject any participant
for any reason, and QEI or its guide has the right to disqualify you from
any trip activity, if in QEI's or such guide's judgment, you are incapable
of that activity and/or your continued participation in the tour will endanger
yourself or the safety of the group. It is your responsibility and obligation
to inform QEI, at the time your reservation is made, of any medical or
physical disability or limitation that might disable you or render you
unable to perform or safely complete the tour or any activity on the tour.
You further acknowledge that you are the best judge of your own conditions
and limitations and that it is incumbent upon you to fully disclose the
full extent of any such conditions or limitations to QEI.
Release of Liability
In consideration of the services and arrangements provided by QEI, you,
for yourself and for your heirs, personal representatives or assigns, do
hereby release, waive, discharge, hold harmless and agree to indemnify
QEI, and its owners, officers, directors, employees and affiliates from
any and all claims, actions, or losses for bodily injury, property damage,
wrongful death, loss of services, lost profits, consequential, exemplary,
indirect or punitive damages or otherwise which may arise out of or occur
during your travel in connection with the scheduled travel package and
any activities conducted in conjunction therewith. You specifically understand
and agree that you are releasing, discharging and waiving any claims or
actions that you may have presently or in the future for the negligent
acts or conduct of the owners, directors, officers, employees, agents or
affiliates of QEI.
Express Waiver of Consequential, Punitive or Exemplary Damages
Regardless of the situation or circumstances giving rise to a claim, you
waive any right to seek consequential, punitive or exemplary damages
against QEI its owners, officers, directors, agents, contractors and
employees, for any reason whatsoever.
Any controversy or claim arising out of or relating to these Terms and
Conditions or the performance there under, including without limitation
any claim related to bodily injury, property damage or death, shall be
settled by binding arbitration in Atlanta, GA, USA in accordance with the
rules of the American Arbitration Association then existing, and judgment
on the arbitration award may be entered in any court having jurisdiction
over the subject matter of the controversy. This agreement to arbitrate
does not waive or modify the liability release contained in this document.
Such proceedings will be governed by substantive Delaware law. The
dispute will be resolved by a single arbitrator who must be a lawyer admitted
to practice in the courts of at least one state in the United States and
have a minimum of fifteen years of experience in civil litigation. The
arbitrator so described will be selected by the American Arbitration Association. Each
party to the dispute shall have the right on a single occasion to veto
the designation of an arbitrator so selected. There will be judicial
review of the arbitrator's decision if either side can show plain error
in the application of law or be able to show an abuse of discretion with
respect to factual findings. The parties waive the right to rely on
any state law or statute which creates an exception to enforcement of the
requirement that disputes be resolved pursuant to arbitration in the manner
set forth herein.
Exclusive Governing Law and Jurisdiction
These Terms and Conditions and any actions and proceeding brought hereunder
shall be governed by the laws of the State of Delaware without regard to
conflict of laws principles. If the right to seek arbitration is for any
reason waived by both parties, or if judicial review of any arbitration
decision is sought, any action or legal proceeding to enforce any provision
hereof, or based on any right arising out of, these Terms and Conditions
shall be exclusively in the courts of the State of Delaware, or if it has
or can acquire jurisdiction, in the United States District Court for the
District of Delaware, and all of the parties hereto hereby consent to the
exclusive jurisdiction of such courts and of the appropriate appellate
courts in any such action or legal proceeding and waive any objection to
venue or jurisdiction in connection therewith.
Waiver of Jury Trial
In connection with any action or legal proceeding arising out of this agreement,
the parties hereby specifically and knowingly waive any rights that either
party might have to demand a jury trial.
Use of Likeness
Travelers extend Quark Expeditions permission to take their photograph
during the voyage, and release all rights over those images understand
and consent that QEI may use any likeness taken of you and any of your
comments while on your tour for future publicity and promotional material. Travelers
who do not wish to be photographed during the voyage must inform Quark
Expeditions in writing prior to the voyage.