Before we make arrangements for your cruise, tour, hotel, flight or other trip, we require that you acknowledge your agreement with the following terms and conditions (“Ts & Cs”):
We are acting as a booking agent:
Please thoroughly review these terms and conditions of Polar Cruises, Inc. (“PCI”). The booking passenger, by accepting this receipt and making payment towards a booking made by PCI, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services. These conditions apply to yourself, your family or traveling companions that you represent or make payments on their behalf.
PCI offers retail travel services to customers, which are provided by separate and independent vendors of travel services (“Suppliers”). We do not own, operate, control, or otherwise provide the services of the Suppliers. PCI acts only as a booking agent for any ship operator, tour operator, hotel, airline, ground operator, shore excursion, attractions, or other travel Suppliers who provide goods or services for the passenger(s) trip.
While PCI prides itself on selecting top quality Suppliers, we assume no responsibility, and shall not be liable, for any refund, personal injury, death, property damage, or other loss, accident, delay, interruption, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any ship, vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under our control. PCI has no insights or special knowledge of the financial conditions of the Suppliers.
Pricing:
All pricing is in USD and set by the Supplier. Pricing and availability may change without notice. Passenger(s) agrees that PCI is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is PCI responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold PCI harmless for any actions or damages arising from Supplier pricing.
While our Suppliers try their utmost to not increase prices sometimes this is beyond their control. Suppliers may reserve the right to amend pricing, even after final payment, due to & but not limited to unforeseeable increases in airfare, fuel, government taxes, exchange rates, etc. Passenger(s) acknowledge and consent to any post-purchase price increases in relation to the above.
Passengers are eligible to receive any published discounts or promotions at the time of booking. Discounts and promotions are set by the ship operator and PCI has no special insight on any future discounts that may or may not be offered. Passenger(s) acknowledge that discounts and promotions can change at any time and any new discounts or promotions are for new reservations only.
Payments:
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through PCI. By submitting a credit card authorization form to PCI, you agree to allow PCI to use your payment method to purchase travel products from our Suppliers on your behalf.
All payments are charged in USD. Deposit is due within 48 hours of making a reservation. Full Payment may be required at booking depending on the departure date and the Supplier’s terms and conditions. All final payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. Final payment due dates will be listed on your invoice. Failure to make deposit and final payments by the due dates may result in cancellation with the cancellation penalties enforced.
You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any cruises, tours, flights, hotels, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. If final payment is not submitted on time some Suppliers may charge a late fee.
Forms of payment
Varies based on Supplier. Accepted payment forms will be provided via email prior to making the deposit and listed on your invoice. Credit cards are not always accepted for final payment.
Credit card payments are processed in USD by the Supplier and not Polar Cruises. Some Suppliers are international, and any foreign transaction fee assessed by your credit card company will be at your expense. If your credit card or bank account is not in USD then your bank may convert the payment amount to your local currency and charge a conversion fee. In this case, the amount shown on your credit card or bank statement will be different than the amount shown on your invoice. Some Suppliers may charge credit card processing fees, which will be advised in advance.
Bank transfers must be sent in USD. You are responsible for any wire transfer fees and covering any shortages due to intermediary bank fees.
Cancellations by client:
Cancellation policies are set by the Supplier and will be provided in writing prior to making the deposit and on your invoice. Any cancellation request needs to be submitted in writing to PCI. The date we receive your written cancellation request will determine the cancellation fees based on the policies stated on your invoice.
As a result of cancellation to confirmed bookings, third-party Supplier’s cancellation penalties will apply. You may not be entitled to a refund if you cancel your travel plans after confirmation of a booking. Cancellation policies and fees are strictly enforced and there are no exceptions. We strongly recommend purchasing comprehensive travel insurance as a way to protect your travel investment.
Changes by Client:
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed, and you will be responsible for any increases in cost imposed by the Supplier, as well as any Supplier change fees. You will not be entitled to any refund for any unused portion of travel. Should you wish to transfer your booking to a new date or person we will work with the Supplier on your behalf to request the transfer changes. Changes or transfers of bookings may not be allowed per the Supplier’s terms and conditions and may be considered as a cancellation with cancellation penalties applied. All requests for changes or transfers to a booking must be made in writing to PCI.
Cancellation and Changes by the Supplier:
Passenger(s) acknowledge and understand that Suppliers have the right to cancel or change any service prior to departure and for any reason. Each supplier has their own terms & conditions regarding a cancellation of a cruise, tour or service and you will be bound by those contracts.
In the event that your trip is significantly changed or cancelled by the Suppliers prior to departure, we will work to obtain suitable alternative options from the Supplier. Options may be limited by the Supplier Terms & Conditions. The Suppliers are independent from PCI and PCI does not manage or control them.
Insurance:
Many trips require a minimum of emergency medical evacuation coverage from all destinations on your itinerary. The amount of coverage required varies based on the Supplier, but we recommend at least a minimum of USD $500,000 per person of emergency medical evacuation coverage.
As your booking agent, we have a professional responsibility to recommend the purchase of comprehensive travel insurance to protect your travel investment and cover certain risks inherent in travel. We recommend coverage for cancellation (including if possible “cancel for any reason” coverage), trip interruption, trip delay, baggage loss or delay, emergency medical expenses, repatriation, supplier or financial default, any required emergency medical evacuation coverage and more. By declining appropriate travel insurance, passenger(s) acknowledges and accepts liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.
When purchasing travel insurance, we urge you to thoroughly read your policy’s confirmation of benefits. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim. Please note that the travel insurance provider may not be allowed to discuss your claim with PCI due to privacy laws (e.g. HIPAA). Passenger(s) acknowledge and agree that PCI has no control over the travel insurance provider or its coverage decisions, and as a result PCI is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
Travel Documents:
You must have a passport to travel to another country. Depending on your nationality, international destinations may have additional requirements such as a visa that you must obtain prior to departure. You are responsible for contacting the consulate(s) required to check on the entry & exit requirements for your nationality. Without proper identification, or passport and necessary visas, you will not be permitted to depart. Children also require all such travel documents. Minors traveling without both parents may require additional documentation.
You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Many countries require your passport to be valid for six months or more after your date of entry.
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. PCI shall not assume responsibility for the accuracy of health, vaccination, or documentation requirements prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by client’s health practitioner on a valid vaccination certificate, which the client must carry for proof of inoculation.
Special Requests:
Any special requests such as dietary requirements should be advised to PCI at the time of booking. We will inform the Supplier of your requests however PCI is not responsible if a ship operator, tour operator, restaurant or other service provider on your tour is unable to or fails to accommodate your dietary restrictions or requirements.
Medical Risks and Safety Issues:
Traveling to the polar regions can mean you are days away from the nearest hospital and there are few medical facilities onboard the ship. By submitting a payment, you certify that you do not have any physical, mental or other conditions that would create a hazard for yourself or other travelers or affect other people’s enjoyment of the trip. You understand that should somebody else on your voyage have a medical emergency it may affect the itinerary and trip for everybody. There may not be refunds should an itinerary need to be altered due to a medical emergency or evacuation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner before booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel. You assume full and complete responsibility for checking and verifying any and all conditions regarding health, safety, disability provisions or accessibility, security, political stability, and labor or civil unrest at such destination(s).
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, PCI DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES THE ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
Activities that are included as part of itineraries that we book may pose inherent risks and may be dangerous. Your itinerary may also involve travel to remote areas without access to medical facilities or treatment, changing weather and ice conditions, interactions or encounters with wildlife, and other potentially dangerous conditions. By booking a trip with PCI, you acknowledge that you are aware that the physical exertion required to participate in certain activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. You acknowledge that you should seek medical advice if you know or suspect that your physical condition may be incompatible with the activities on your itinerary. You may be required to wear approved safety equipment while participating in certain activities, and by booking travel with us and participating in these activities, you agree to use the recommended safety equipment and to ask questions if you are unsure about how to properly or safely use equipment.
Itineraries
The itineraries, route maps and photos provided on our website are used to provide a general idea of the experience. Passengers acknowledge that no specific itinerary, routing or landing sites can be guaranteed in advance for reasons including, but not limited to, weather & ice conditions, permits and the discretion of the captain & expedition leader. Wildlife sightings also cannot be guaranteed in advance. Keeping an open mind and not setting specific expectations is paramount to the enjoyment of traveling in the polar regions.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledges and agrees that PCI is not responsible for Supplier deviations, delays, cancellations, interruptions, mandated overnight stays, missed connections or any other condition beyond its control.
Force Majeure:
Each of PCI’s Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier pursuant to their policies, although PCI shall use its reasonable efforts to secure reimbursement for you where possible.
“Force Majeure” means, in relation to PCI, any circumstances beyond the reasonable control of PCI, (including, but without limitation, acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of PCI. PCI shall not be liable for any loss or damage incurred by you as a consequence of any of the Suppliers being unable to perform some or all of its obligations due to the unusual or unforeseeable circumstances (a “force majeure event”) beyond the control of the party affected by the force majeure event.
General:
Any and all disputes relating to, concerning or arising from this Agreement, or relating to, concerning or arising from the relationship between the parties evidenced by this Agreement, will be brought and heard exclusively in the United States District Court for the Northern District of Illinois or the Circuit Court of Cook County, Illinois. Each party represents and agrees that such party is subject to the personal jurisdiction of said courts; consents to the jurisdiction of such courts in any legal or equitable proceedings; and waives, any objection to the jurisdiction or venue of any proceeding.
Any claim against PCI must be brought within 12 months after the date of the completion of the trip and not later. PCI shall not in any case be liable for damages other than compensatory damages, and you waive any right to claim punitive or exemplary damages. You agree that you may only bring claims in your individual capacity and not as plaintiffs or class members in any class action, proposed or purported class action, or other representative action, regardless of the type of proceeding. You expressly agree to waive and forego any and all rights to bring any such class actions, purported or proposed class actions, or representative actions.
If any part of these Ts & Cs is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Ts & Cs (and any other terms and conditions referenced herein) constitute the entire agreement between the client and PCI with respect to travel bookings made with PCI by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between client and PCI with respect to communications with PCI. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Ts & Cs to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice.
We reserve the right, in our sole discretion, to change these Ts & Cs at any time. Updated versions of the Ts & Cs will be posted on our website and will be effective immediately on posting.
Limitations Of Responsibility and Disclosure:
PCI acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
PCI is not responsible if a restaurant, tour operator, cruise line, or other service provider on your tour is unable to or fails to accommodate your dietary restrictions or requirements.
BECAUSE PCI ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT PCI IS NOT LIABLE FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. PCI HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH PCI, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE T0 DELIVER 0R THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF PCI’S CONTROL, AND YOU HEREBY EXONERATE PCI FROM ANY LIABILITY WITH RESPECT TO THE SAME.
PCI HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM PCI WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY PCI.
