Victory Adventure Expeditions Ltd, your Adventure
Specialists at the "Ends of the Earth"
TERMS & CONDITIONS AIR-CRUISES 2013/2014
VICTORY ADVENTURE EXPEDITIONS LTD., hereafter in this document referred to as VAE, is in business to help people realise their Antarctic dreams and goals. VAE will endeavour and strive to do everything in its power to help make their involvement with VAE and Antarctica a positive and rewarding experience. To this end VAE strongly advises that all travellers carefully read these Terms and Conditions, as all rights and obligations between VAE and each passenger will be governed by these as herewith describe.
Description of the program
The program that VAE is offering to the participants is described in the Travel Program corresponding to each voyage.
General booking terms
The following booking terms will apply in case of a regular booking, both for individuals and groups; in case of a charter (booking of the entire tour and vessel) specific booking terms can be negotiated and agreed upon.
• A Booking Fee shall be paid to confirm a booking made 120 days prior to the departure date or earlier.
• The total amount of the cost shall be paid no later than 120 days before the date departure.
• If a reservation is made after 120 days prior to the departure date, the total cost of the tour is due at once.
• The Participation Form duly filled by the passenger must be received by VAE no later than 120 days prior to the departure date of the tour. In case of a booking made after 120 days prior to the departure date, the Participation Form must be received immediately after the confirmation of the reservation by VAE.
Failure to comply with any of the above requirements entitles VAE to cancel the booking and withhold return of all payments received.
Payment, cancellation and refund policies
The following payment, cancellation and refund policy will apply in case of a regular booking; in case of a charter (booking of the entire voyage and vessel) specific payment, cancellation and refund terms will have to be negotiated and agreed upon.
Once the Booking Fee is received, the outstanding payment should be paid in full no later than 120 days prior to departure. Failure to do so will liberate the booking for sale to another passenger and the booking fee will not be refunded.
In case of cancellation, which must be done in writing by the passenger, the following terms will apply:
• Cancellation received up to 120 days prior to departure: there will be a full refund of the program cost less US$900 per person for air-cruises Express and US$1,800 per person for air-cruises Classic and Polar Circle.
• Cancellation received between 119 days and up to 90 days prior to departure: there will be a refund of 50% of the total cost of the tour (per person).
• Cancellation received between 89 days prior to departure and departure date: there will be no refund whatsoever.
If payments are not received by the dates specified above, VAE reserves the right to cancel a booking and withhold return of all payments received, unless a change in the payment schedule has been agreed in writing by an Officer of VAE.
VAE reserves the right to cancel an expedition or program prior to the scheduled date of departure for any reason whatsoever. The decision to cancel an expedition or program is within the sole and absolute discretion of VAE. In the event of such a cancellation, all monies received by VAE from the passenger or the passenger's booking agent for that expedition or program will be refunded, including the Booking Fee mentioned in the General Booking Terms. VAE shall not be liable for any special or consequential damages, whether known or unknown, neither for any costs of air ticket, hotel or similar expenses that the passenger may have incurred in, under any circumstances whatsoever.
VAE reserves the right (in its sole and absolute discretion) to reschedule the departure and return of any expeditions or program in the Antarctic region at any time, as conditions warrant, and without prior notification and no further obligation on our part. VAE also reserves the right (in its sole and absolute discretion) to alter or omit any part of the itinerary with due notice to the passengers wherever practicable. Such rescheduling does not constitute cancellation by VAE. All reasonable efforts will be made by VAE staff to ensure that the passenger's expedition objectives are met.
VAE strongly suggests all of its passengers to purchase voyage cancellation and interruption insurance as protection against an emergency which may force you to cancel or leave an expedition or program while it is in progress.
Program and Expedition rates are based on tariffs and exchange rates in effect at the time of booking and are subject to change prior to departure. VAE reserves the right to modify the published rates without prior notice.
Responsibility and Insurance
VAE is not responsible for any expenses incurred by the passenger or passenger's booking agents in preparing for the voyage, including non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees or other voyage related expenses.
A tight time-schedule connection with an Antarctic expedition is unwise. For this reason, VAE strongly suggests that a flexible air ticket be held for your journey home. In no case is VAE responsible for any expense or penalty incurred by the passenger or passenger's booking agents deriving from a change in the ending date of the Travel Program.
Participants should understand that there are certain known and unknown hazards involved in Antarctic expeditions, which they must accept voluntarily at their own risk. VAE will not be liable for any illness, injury or death sustained during an expedition, nor will it be liable for any uninsured losses of property of any participant. VAE shall not be responsible for any injury to persons (whether or not resulting in death) or damage to property arising out of any act of war, terrorism, insurrection, revolt or other civil or military uprising occurring in the countries of origin, destination or passage. Baggage is at the owner's risk entirely.
That is why VAE strongly urges participants to check with their insurance agent to make sure that they are adequately covered for all eventualities. In case of a medical problem arising during the voyage, which results in costs for evacuation or repatriation, the responsibility for payment of these costs belongs solely to the passenger. VAE strongly advises that passengers ensure that such eventualities are covered by travel insurance. If not covered by travel insurance, the responsibility still remains with the passenger and VAE specifically declines any responsibility whatsoever.VAE's staff, agents and representatives, other than an Officer of VAE, are not entitled to promise refunds for whatever reasons, and VAE will not be bound by any such oral or written promises.
VAE has the duty to advise you that all operations carried out in the Antarctic territory are subject to constantly changing weather conditions and that the safety and comfort of passengers and crew will never be put at risk by taking actions that may result in a disappointing end to a unique experience.
This is an expedition to a remote part of the world, and VAE reserves the right to change the itinerary described in the Travel Program due to weather conditions, availability of anchorages or landing sites, political conditions and other factors beyond VAE's control without consulting the participants. On any flight (to or from Antarctica), or in any sea operation, such operations will be carried out exclusively and absolutely according to the judgement of the Captain of the aircraft or the vessel, whose decision will be definite and will not be questioned by any party. It is understood that such decisions will be made in the best interests of all the passengers and with regard to the safety of the vessel and the aircraft. Participants have no right to any refund or other considerations in the event of these inevitable itinerary changes.
In case that departure to or from Antarctica cannot take place due to unfavourable weather conditions either at point of origin and/or destination, VAE will apply the Contingency Plan corresponding to each voyage.
Keeping in mind that safety is the paramount concern on any Antarctic voyage, VAE will make all efforts to carry out the itinerary detailed in the Travel Program corresponding to each voyage by using the air and water crafts foreseen to this end. However, VAE reserves the right to use substitute crafts, in case of unfavourable conditions or other factors beyond VAE's control, either at point of origin and/or destination.
The use of substitute crafts will be carried out exclusively and absolutely according to VAE's judgement. It is understood that such decision will be made with regard to ensuring the safety of air and sea operations, accomplishing the Travel Programs foreseen for each voyage, maintaining standards of service similar to the ones originally foreseen, and in the best interests of all the passengers
Participants have no right to any refund or other considerations in the event of using substitute crafts.
The maximum weight allowed on the flights to and from Antarctica is 20 kg per passenger, including hand luggage. Exceeding luggage will be kept in custody by VAE and will be returned to passengers upon their return from Antarctica at the port/airport of arrival corresponding to each voyage.
These voyages are intended for persons in reasonably good health. By making a reservation, the passenger confirms that they do not have any physical or medical conditions or disabilities that would create a hazard to he/herself or other passengers. VAE reserves the right to exclude passenger from part or all of the tour, should the passenger be considered by VAE to be not physically able or prepared to participate safely.
Should a passenger's application for participation in an expedition or program be justifiably declined by VAE prior to the scheduled date of departure, VAE will refund all payments received from the client less an administrative fee mentioned in the General Booking Terms, and this will be the limit of VAE's liability. VAE shall not be liable for any special or consequential damages, whether known or unknown, under any circumstances whatsoever. VAE's decision to decline a passenger's participation in any expedition or program shall be taken in its sole and absolute discretion.
VAE's leaders and guides will do their utmost to ensure that any problems are solved for the benefit of the group and the expedition as a whole. Passengers accept VAE's authority (whether it be a Captain, Expedition Leader, Field Operations Manager or Field Guide) to make decisions affecting the group or individuals. For instance, such leader may require an individual to leave the group and/or to be excluded from (continuation of) the voyage (components) if he/she believes that person's health is at risk, if an illegal act is committed, or their behaviour becomes detrimental to the safety, enjoyment or wellbeing of the group. Should an VAE leader take such action, that person would not be entitled to any refund whatsoever.
If the disturbing behaviour or damage (as described above) should occur, all costs resulting from this shall be charged to the passenger.
Passengers extend VAE permission to take their photograph during the voyage and release all rights over those images. Passengers who do not wish to be photographed during the voyage must inform VAE in writing, prior to the voyage.
Law and jurisdiction
This Agreement and any disputes hereunder shall be governed by and construed in accordance with the laws of the Republic of Chile.
VAE has carried out Antarctic air-cruises since 2003. The experience of these years has allowed developing a profound knowledge of the delicate coordination between the air and the sea operation in an extreme environment as Antarctica.
It is important considering that until present no air-cruise has ever been cancelled due to the impossibility to fly to Antarctica, and that the longest delay ever suffered has been 2 days. Consequently, VAE is able to estimate that the chances that an Antarctic flight suffers 1 day delay are very low, about 5%-10%.
However, in the light of these considerations, in the unlikely event that the flight to Antarctica cannot take place due to unfavourable conditions either at point of origin and/or destination, VAE has established a Contingency Plan, applying from Day 2 the Travel Program corresponding to each voyage.
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