Quark Polar Cruises Terms & Conditions

Please note that this trip operates under different payment and cancellation policies than those described in our Terms and Conditions as noted in our catalog, on our website and elsewhere. Please request these if you do not have them before paying a deposit.

Insurance: All travelers must be covered by comprehensive medical, repatriation, travel, trip delay, baggage, and trip cancellation insurance in case of emergency situations, which should be purchased at the time of booking. You and all members of your traveling party must have a minimum of $50,000 of emergency medical coverage. Proof of coverage is required at embarkation. Please contact us for a recommended policy.

Emergency Evacuation Insurance: Emergency evacuation insurance, to a maximum benefit per paying traveler of US $500,000 is included in the cost of Quark Expeditions voyages. Included coverage is applicable only to travel occurring between the first and last day of the expedition purchased from Quark Expeditions. Due to the remoteness of the areas in which you will travel, an adequate medical facility could be up to 72 hours away or more, dependent on weather. Additional days of travel prior to the expedition and/or after the expedition, including pre- and post- packages/hotels/flights, are not covered by the included emergency evacuation insurance.

Airfares: Journeys International can make complete air arrangements applicable to your trip as noted in this itinerary. If you wish to redeem frequent flyer mileage or arrange flights directly with the airline, you may do so on your own at no penalty. If you do, please consult with us on exact arrival and departure dates and times before having your tickets issued to avoid errors. For scheduled flights, the fare rules of the airline carrier, including payment and cancellation conditions apply.

Included in costs: Shipboard accommodation, highly experienced expedition leader, crew and lecturers, all meals including tea/coffee 24 hours a day, complimentary parka, boot loan on all departuresaccess to public viewing areas, shore excursions by Zodiac boat, on-board lectures, videos, slide and film shows, on-board medical officer, port taxes, comprehensive pre-departure information.

Not included in costs: Visa and passport fees, international airfare, charter flights, airport departure taxes, any pre-trip or post-trip hotel accommodation not indicated on the itinerary, laundry, postage, telephone calls, medical expenses, travel insurance, helicopter flights, gratuities to staff and crew, changes to the itinerary after confirmation, changes to itinerary after arrival at destination, or other costs as are more fully described in Journeys Terms & Conditions.

Rates: Rates for voyages, flights, and 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, and we reserve the right to alter our prices or introduce surcharges accordingly, even if payment has been received in full.

Trip-specific payment & cancellation schedule: A deposit of 30% of the product cost (minimum $1,300) per person is required to confirm a reservation. The deposit may be made by Visa, Master Card or Discover.  If you prefer, a Reservation Form may be submitted by fax, or mail, and payment may also be made by check. Final payment is due 120 days prior to departure and can be made by Visa, Master Card, or check. All prices and payments are in US Dollars and no other currencies can be accepted. Airlines require full payment when tickets are issued. Cancellations must be made in writing. Cancellations made up to 180 days prior to departure will be refunded less an administrative fee of $1300 per person. Cancellations made 179 to 120 days prior to departure forfeit the full deposit. Cancellations made less than 120 days prior to departure are subject to cancellation fee of 100% of the trip cost; if full payment has not yet been received, the full penalty will still apply and unpaid monies are due immediately. It is understood that refunds cannot be made to passengers who do not complete the tour for any reason whatsoever. 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 any helicopter flying time (if applicable and which, at the discretion of the Captain and Expedition Leader, may or may not be utilized).

Cancellations By Guests, Refunds and Future Travel Refund Credits (QEI):

Cancellation fees apply to the entire Expedition booking, including Expedition fare, air add-ons, ground transfers, pre- and post-Expedition hotel and tour packages. If any non-Expedition components are canceled, you will be responsible for any cancellation fees imposed by the airlines, other transportation carriers, other tour and ground operators, and other hotel properties. You are not entitled to any refund, payment, compensation or credit except as otherwise provided in this section. Any refunds will be made directly to the method of payment you used at the time of booking. If a refund cannot be issued back via the original method of payment, then refunds will be returned via wire transfer.

Guests who cancel in writing as set forth below within the dates shown below for any reason, including medical or family reasons, are subject to the following per-person cancellation fees, as applicable:

You hereby agree that losses sustained by QEI and/or Ultramarine Owner in the event of your cancellation would be very difficult or impossible to quantify and that the fees set forth in the below cancellation schedule represent a fair and reasonable assessment as liquidated damages. Since a cancellation likely means a diminished opportunity to sell the same space on other cruises or trips, the cancellation fees below apply regardless of a name change or stateroom resale.

All requests for cancellation must be received in writing. Cancellations cannot be made online.

The following Cancellation Fee and Schedule shall apply:

CANCELLATION PERIOD PER PERSON CANCELLATION FEE FLEXIBLE CANCELLATION FEES*
0 to 15 days after booking confirmation
Booking must be confirmed 195 days or more prior to departure
Free Cancellation All payments refunded
15 days to 180 or more days prior to Day 1 $500 USD
AU$650, £400, €450, CA$600
Yes
179 to 120 days prior to Day 1 Loss of Deposit Yes
119 to 90 days prior to Day 1 50% Yes
89 to 60 days prior to Day 1 75% Yes
59 to 0 days prior to Day 1 100% No

Cancellation Fees are eligible to be applied to a future voyage booked within 1 year of cancellation date.

*FLEXIBLE CANCELLATION FEES:
Cancellation fees applied on cancellations made up to 60 days prior to departure are eligible to be used to rebook on a voyage within 1 year of the cancellation date.   Cancellation Fees will be forfeited if not used by within 1 year of cancellation date. Eligible cancellation fees may be applied toward the cruise fare due and non-cruise components such as land, hotel nights and transfers, on a new booking made on or after its issue date made within 1 year of the original cancellation date. The Cancellation fees are not transferable and will be applied in the name(s) of the Guest(s) on the cancelled reservation.  Eligible Cancellation Fees may be applied on any voyage owned or operated by Quark Expeditions / Vinson Expeditions LLC (unless chartered by a third party) in which accommodation is available at the time the booking is made and is not the same voyage that is being cancelled. (No cancel/rebooks are allowed on the same voyage).  The Cancellation fees may be used for all available cabin/suite categories, adventure options other than chartered/exclusive voyage sailings. Guests must apply the value of the Cancellation fees within 1 year of cancellation date. If the value of the Cancellation Fees applied to a booking is less than its assigned value, remaining amount can be used on other new bookings, subject to the same terms and conditions stated herein.  If the value of the booking is less than the Cancellation Fee value, the Guest(s) will be responsible to pay the difference.  Any use of the Cancellation Fees shall be subject to the rates, cancellation fees, brochure terms and conditions and terms of the passage contract in effect on the date the booking is confirmed by Quark Expeditions.  Cancellation fees are only eligible to be applied for one cancellation/rebooking occurrence.

If a voyage has had cancellation fees applied as payment and that voyage is then cancelled by the guest, the original cancellation fee amount shall apply in full and will not be eligible to be used to be applied to another voyage again. Other terms and conditions may apply.

Please note that, as stated above, certain travel arrangements are non-refundable and are subject to higher cancellation charges and could incur a cancellation charge of up to 100% of that part of the arrangements from the moment the booking is confirmed – this is particularly true for non-Expedition components as identified above.

Time-limited promotional programs may be subject to separate terms and conditions.

Quark Expeditions will not be held responsible for any change/cancellation fees due to weather related delays or any other delays arising from force majeure.

Itinerary Change Fee: There will be a $250 fee for changes once an itinerary has been confirmed and approved. Changes must be made in writing and submitted a minimum of 120 days prior to departure. Additional cancellation penalties or change fees may apply as per our terms and conditions. The passenger is responsible for such fees.

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, 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 minimum US $1,300 will be charged.

Adventure Options: 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. All adventure options require a signed Adventure Option Waiver, which must be signed prior to your taking part in the adventure option. The Expedition staff reserve the right to deny participation to any client who has not signed the waiver, does not follow the rules set out be the expedition staff or is not medically or physically able to participate safely.

Medical Forms: Will be sent via an email link, once you have made a deposit. You must review, complete and submit the forms as soon as possible. Questions that relate to your physical or mental suitability must be completed by a medical practitioner. 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 us immediately. 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. QEI and/or Ultramarine Owner reserves the right to deny entry/boarding, without refund or resulting expenses, to any traveler at the pier or starting point of an Expedition itinerary 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. Before boarding the Vessel or joining an Expedition each traveler must have an adequate supply of all medicines and medical supplies needed as they may not be available on board the Vessel. This supply should be sufficient to cover and pre and post travel and any delays the traveler may suffer beyond the length of the Expedition.

Compensation: 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 Paris Convention.

Limitation of Liability, Personal Injury: QEI and carrier are not liable for injury, illness or death of any passenger unless directly caused by the negligence of willful misconduct of QEI or carrier.

Passenger understands and agrees that QEI shall have no liability for any injuries or damages resulting from events of force majeure.  The passenger assumes the normal risks of travel by sea.   In no event shall carrier be liable to passenger with respect to any occurrence taking place other than on the Vessel or launches owned or operated by QEI.  Pre- and post-cruise tours, shore excursions, helicopter flights, and any and all connecting ground, Vessel or air transportation and other tours may be owned and/or operated by independent contractors and QEI makes no representations and assumes no responsibility for such services.

QEI and carrier hereby disclaims all liability to the Passengers for emotional distress, mental suffering/anguish, and psychological injury of any kind under any circumstances. Without limiting the preceding sentence, in no event will QEI or carrier be liable to the Passenger for any consequential, incidental, exemplary or punitive damages.

On Cruises which do not embark, disembark or call at any United States Port and do not embark or disembark at any European Union Member State Port, QEI shall be entitled to any and all liability limitations, immunities and rights applicable to it under the “Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea” (“Athens Convention”). The Athens Convention limits the carrier’s liability to death or personal injury to a passenger to no more than 46,666 Special Drawing Rights as defined therein (approximately USD $64,510.71 as of January 2020, which amount fluctuates, depending on the daily exchange rate as printed in the Wall Street Journal). In addition, and on all other Cruises, all the exemptions from and limitations of liability provided in or authorized by the laws of the United States (including Title 46, United States Code Sections 30501 through 30509 and 30511) will apply.

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, fault or wrongdoing of the owners, directors, employees, contractors, subcontractors, officers or agents of QEI or 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. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your journey.

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, fault or wrongdoing, whether expected or not, of the owners, directors, agents, officers, employees, contractors, or subcontractors of QEI or of other participants. You understand and acknowledge that due to the remoteness of where we travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that medical facilities and supplies may be limited and you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s).  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, contractors, subcontractors 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, OMISSIONS,OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, 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.

Arbitration: 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. 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: You hereby grant QEI the irrevocable right and permission to capture and use your name/photograph/image/voice/audio recording/video recording/ and likeness (collectively, “Your Images”) while on your tour for future publicity and promotional material in all forms or manner, without payment or other consideration. Travelers who do not wish to be photographed during the Expedition must inform QEI in writing prior to the Expedition. In addition, you hereby grant QEI the irrevocable right and permission to reproduce or use any portion or all of any photograph/image/voice/audio recording/video recording/ that have been taken by you and submitted to QEI (collectively with Your Images, the “Images”) in any and all of its media, brochures, publications, including web-based publications, without payment or other consideration.  You understand and agree that all Images will become the property of QEI and will not be returned. You hereby irrevocably authorize QEI to edit, alter, copy, exhibit, publish, or distribute these Images for any lawful purpose. In addition, you waive any right to inspect or approve the finished product any right to royalties or other compensation arising or related to the use of the Images.

IMPORTANT – PLEASE READ: Your purchase is subject to your acceptance of the complete set of  Terms and Conditions and provided to you upon registration. IF YOU DO NOT AGREE TO THE COMPLETE SET OF TERMS AND CONDITIONS YOU WILL NOT BE ABLE TO PARTICIPATE IN YOUR TOUR. Should you have any questions, please contact Journeys International.