Terms & Conditions 2017 - Arctic Kingdom Polar Expeditions

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Terms & Conditions 2017

EFFECTIVE: May 1, 2016 for all trips occurring in 2017

Please read these Terms and Conditions carefully before booking your trip to ensure you are comfortable with our terms and conditions. By booking any trip with Arctic Kingdom, you acknowledge that you have read and understand these Terms and Conditions, and you and expressly agree to be bound by these Terms and Conditions. If you are booking a Trip for individuals in addition to yourself, you are deemed to have accepted these Terms and Conditions on behalf of all Trip participants (including minors and those under a disability), who will also be bound by these Terms and Conditions.

Note: With the exception of Bathurst Inlet Lodge, Getaways and Iqaluit Day Tours, deposits and final payments must be in US dollars.

All participants are required to complete Arctic Kingdom’s Reservation and Medical Profiles. The Reservation Form must be completed at time of booking and the Medical Profile must be completed within 120 days of the trip departure date. The purchase of any travel services offered by Arctic Kingdom, Inc. (AK) represents your acceptance of AK’s terms and conditions. Participation on any trip will be declined in the absence of signed and completed Reservation and Medical forms with no refund of payment. No modifications to the terms and conditions or forms will be accepted.

1) RESERVATION AND PAYMENT

A deposit at the time of booking is required to confirm your reservation. The amount of deposit is specific to the type of trip booked:
  • Scheduled Expeditions USD $2,000 deposit to confirm reservation. Final payment due no later than 120 days prior to departure.
  • Private Expeditions The amount of deposit and payment schedule is determined upon acceptance of the trip quotation. To confirm a reservation, the deposit must be paid. Final payment due no later than 120 days prior to departure. Arctic Kingdom reserves the right to invoice interim payments to cover custom components that require advance payments prior to 120 days before departure. All payments are in US dollars.
  • Getaways CAD $500 deposit to confirm reservation and final payment due no later than 90 days prior to departure.
  • Iqaluit Day Tours Full payment in Canadian dollars is due at the time of booking.
  • Bathurst Inlet Lodge CAD $2000 deposit to confirm reservation and final payment due no later than 120 days prior to departure.

PAYMENT METHODS

The following methods of payments are acceptable for deposits and final payments for all of our trips. Deposit:
  • Cheques (NOTE: Cheques issued outside of North America must be certified)
  • Money Orders
  • Wire Transfers
  • Visa/MasterCard/AMEX – up to a maximum of USD $2,000 per person.
Credit card payments for scheduled expeditions, private expeditions and some resale trips will be processed in US dollars. Credit card payments for Bathurst Inlet Lodge, Getaways and Iqaluit day tours will be processed in Canadian dollars and may be subject to foreign exchange rates and fees. AK is not responsible for any foreign exchange conversions and/or fees incurred on your credit card. Final Payment:
  • Cheques (NOTE: Cheques issued outside of North America must be certified)
  • Money Orders
  • Wire Transfers
If final payment is not received by the date specified on the invoice, AK reserves the right to cancel your reservation and withhold the return of all payments received, unless AK has agreed, in writing, to a change in your payment schedule. AK makes best efforts to accurately price trips a year in advance, however, due to the complexities of operating trips in the Arctic (including but not limited to political changes, wilderness, weather and logistical issues) trip prices are subject to change at any time. To guarantee that your trip price will not change, final payment must be received at least 120 days prior to departure. Failure to meet the final payment due date may result in a price change.

2) TRIP DEPOSIT, CANCELLATION AND REFUND POLICIES

We spend months preparing and continuously make non-refundable deposits and material purchases to suppliers, hotels, airlines and staff. Therefore we must strictly adhere to our Cancellation & Refund Policies for all travellers.
  • 2A) CANCELLATION BY PARTICIPANTS All requests for cancellations must be received in writing to the following address: 18-215 Traders Blvd. E, Mississauga, ON, L4Z 3K5 or by email to [email protected] Some trips may have a non-refundable deposit.  
    Scheduled Expeditions (USD) and Bathurst Inlet Lodge (CAD)
    180 days prior to departure Full refund less $500 administrative fee
    120-179 days prior to departure Deposit is non-refundable
    0-119 days prior to departure Deposit and all payments non-refundable
     
    Private Expeditions (USD)
    Cancellation terms are negotiated at the time of booking.
     
    Getaways (CAD)
    90 days prior to departure Flight is 100% non-refundable. Trip portion is 100% refundable less a $50 administrative fee
    50-89 days prior to departure Flight is 100% non-refundable. Trip is 50% refundable less at $50 administrative fee
    0-49 days prior to departure Flight is 100% non-refundable. Trip is 100% non-refundable.
     
    Iqaluit Day Tours (CAD)
    72 hours’ notice 100% refundable
    49-71 hours’ notice Full refund less 10% administrative fee
    0-48 hours’ notice 100% non-refundable
    AK will not be held responsible for costs related to catch-up or delays due to force majeure. It is understood that refunds cannot be made to passengers who do not start or complete the trip for any reason whatsoever. NOTE: There may be exceptions to these cancellation terms and they will be outlined on your invoice.
  • 2B) TERMS FOR EXPEDITION CRUISES

    On Expedition Cruises not operated by Arctic Kingdom, trip participant’s contract and may even make payments directly with the ship operator and must adhere to their specific terms & conditions and payment policies. Some expedition cruise companies require personal cheques for final payments or charge a processing fee to use credit cards. Arctic Kingdom provides the service of our Travel Consultants who are intimately familiar with expedition cruise options and will guide you to the best ship choice for you.
  • 2C) CANCELLATION BY ARCTIC KINGDOM:

    1. BEFORE THE TRIP HAS STARTED AK reserves the right to cancel any trip prior to the scheduled departure due to insufficient registration or logistical problems. The trip is deemed to have started at the departure time of the flight north from the gateway city. In the event of cancellation by AK before departure, participants may transfer to another trip or request a refund of all payments in full. In no event shall AK’s liability exceed the obligation to refund the amount paid to AK by the trip participant. AK is not responsible for expenses incurred by trip participants in preparation for the trip (e.g. non-refundable air tickets, visa fees, equipment etc.)
    2. AFTER THE TRIP HAS STARTED In rare cases, Arctic Kingdom may need to cancel a trip after it has been deemed to have ‘started’. The trip is deemed to have started at the departure time of the flight north from the gateway city or Day 1 of the trip specific itinerary. AK reserves the right to suspend or end a trip early for whatever reason, including but not limited to medical emergencies, deteriorating ice conditions, inclement weather, logistical issues, mechanical failures or other force majeure situations or unsafe environmental conditions. In these situations, AK is seen to have delivered the agreed upon services and that cancellation is due to circumstances beyond AK’s control. No refunds will be given for any reason whatsoever. AK will assist trip participants in changing their travel arrangements and provide letters for all trip participants to submit to their travel insurance providers. PLEASE REMEMBER – THIS IS ADVENTURE TRAVEL AND EVEN THE BEST LAID PLANS CAN BE FLUID.

3) INCLUSIONS, EXCLUSIONS AND EXTRA PURCHASES

Refer to your invoice for a list of inclusions and exclusions on each trip. AK reserves the right to make any changes in the itinerary or to substitute hotels, types of camp accommodation, and modes of transport, vessels or guides for those mentioned in our literature. Trip costs do not include additional expenses arising from the delay or extension of a trip due to weather, political disputes, trip interruption, illness, failure of transportation or other causes beyond our control. Any additional costs incurred during the trip (such as equipment rental, equipment purchase, satellite phone calls, food, lodging, etc.) must be settled in full before the trip is completed. In the event that a trip participant fails to settle his/her account before the completion of the trip s/he will be charged to the credit card on file.

4) REFUNDS

Refunds will not be given for unused hotel rooms, meals, unused rental equipment, internal flights, missed days due to late arrival or any other modified trip arrangements for any reason whatsoever. Trip costs are quoted as a package and credits are not given for services not used.

5) SCHEDULED & CHARTER FLIGHTS

Tours do not include international airfare or any other flights unless mentioned in the inclusions. Until the tickets are issued, AK 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 and/or government taxes or levies, or any other reasonable cause. Full payment must be received by AK by the deadline specified in the payment schedule to guarantee the reservation. Payment by the trip participant is an acceptance of the travel arrangements as requested at the total price quoted. Cancellation fees in accordance with section 2(a) above, will apply if the participant subsequently decides to cancel after a ticket has been issued. 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 AK’s discretion and may also include additional administrative fees. AK strongly recommends flight times and numbers be verified or reconfirmed at least 72 hours prior to departure by checking with the applicable airline. AK is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Once issued, all airline tickets are non-transferable and are valid only for the dates and routings shown. AK will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays and AK will not reimburse for any additional expenses incurred by the trip participant as a result. AK 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. AK reserves the right to change charter flight costs based on fuel surcharges or increased charter hire rates. We advise all passengers to have flexible travel arrangements upon trip completion if delays arise. AK ADVISES ALL PARTICIPANTS TO BOOK CHANGEABLE AIRLINE TICKETS ALONG WITH CANCELLATION AND INTERRUPTION INSURANCE to assist with additional airline change fees. AK will not be held responsible for any change/cancellations fees due to weather related delays or any other delays arising from force majeure.

6) DELAYS AND CHANGES TO TRAVEL ARRANGEMENTS & ITINERARIES

Arctic Kingdom has selected locations and trip itineraries designed to give you access to the best wildlife at the best time of year to give you the highest likelihood of viewing the wildlife you have come to see. However, the animals to see are not bound by fences, are wild, and free to roam the land and waters. Viewing the wildlife is not guaranteed. Our itineraries are intended as an example only. Participants should allow for flexibility due to changes in weather, natural history, cultural events or other logistical arrangements deemed necessary by AK to ensure traveler comfort, safety or attempts to locate the wildlife in the area. While every effort will be made to adhere to the planned itinerary, it must be realized that with this type of adventurous travel, remote regions are impacted by severe and unpredictable weather and ice conditions. Conditions year to year can vary wildly, and despite years of experience, unforeseen conditions may occur that will require changes to the itinerary. Many of our camps and the animal populations we seek are far from landing strips and may in fact be equidistant to another town. Should AK staff decide that wildlife is better accessed from a different point or region, changes of itinerary may include a change of destination. Such changes may incur additional costs, which may require the program fee to change with little or no notice. It is very important that travelers have realistic expectations for their wildlife encounters on our trips. Our marketing material attempts to portray accurate accounts of the wildlife viewing and other activities in our itineraries. However, weather conditions or other environmental conditions such as extensive ice conditions (or no ice conditions), may preclude us from participating in any or all activities as listed. The images shown in our printed material and website represent what our guests have seen on previous t rips or, in the case of a ‘new’ or ‘exploratory’ trip, what AK Staff and researchers have seen. Due to weather, ice conditions (or no ice conditions), and/or wildlife conditions, some trips naturally will have fewer close encounters with wildlife than we normally anticipate and we ask our guests to sign onto our adventures knowing this. Included activities or excursions within a trip itinerary may be cancelled, delayed, or rearranged with little or no notice as a result of factors out of our control. The cost of delays or changes to the itinerary, including any additional costs for food or lodging is not included and not the responsibility of AK. If any trip or flight is delayed due to bad weather, transportation delays, government intervention, sickness or other contingency for which it is not reasonable for AK to make provision, the trip start and end dates will not be extended. Trip Participants are not entitled to a credit or refund should the trip be shorter than planned, as a result of late arrival or delayed flights, regardless of whether late arrival is caused by aircraft mechanical problems, weather, acts of God or any other reason that prevents trip participants from arriving on the trip’s scheduled start date. All travel to and from the trip starting point is the sole responsibility of the participant. AK is not responsible any costs associated with missed flights due to flight delays, missed connections or any other reasons. AK WILL NOT OFFER GUESTS A REFUND IN THE EVENT OF TRIP CANCELLATION OR INTERUPTION. AK WILL NOT OFFER GUESTS COMPENSATION IN THE EVENT OF A DELAY OR CHANGE TO A TRAVEL ITINERARY OR ARRANGEMENT.

7) TRIP SPECIFIC DELAYS AND/OR CANCELLATION TERMS:

  • 7A) POLAR BEAR MIGRATION FLY IN SAFARI – CONTINGENCY PLAN

    There is a chance of weather delays when flying to or from Arctic Kingdom’s polar bear cabins. When you arrive on Day 2 and our plane is not able to bring you to the bear cabins, Arctic Kingdom will arrange for accommodations in Churchill on your behalf. The cost of the accommodations, meals and beverages are the responsibility of the trip participant. In the unlikely event that the charter flight is unable to fly on day 3 due to weather delays, AK will arrange for an additional night accommodation. The cost of the 2ND night hotel, meals and beverages are the responsibility of the trip participant. If on the morning of Day 4 by 10 am, we are still unable to fly, AK will officially cancel the tour and provide trip cancellation letters for all participants to submit to their travel insurance providers. Please understand that Churchill has limited accommodation space during the peak polar bear season, which range from bed and breakfasts to 3-star hotels. There are no 4 or 5-star hotels in Churchill. It may be required to book the group in different hotels where space can be found, and each night may have to be at a different hotel. Having a spirit of flexibility and understanding of northern conditions is paramount to making the best of a situation that although not frequent, may happen. AK will make every effort to assist trip participants with rebooking hotels or flights, but this will be at the cost of the trip participants, and AK strongly recommends that all participants contact their insurance provider prior to changing any reservations. Any guests at the polar bear cabins unable to leave due to weather delays, will remain at the cabins at no additional cost until the charter flight is able to arrange transport back to Churchill.

8) TRAVEL AND MEDICAL INSURANCE

AK does not carry health, life, property or injury insurance for our participants. It is your responsibility to ensure your medical insurance covers you for life and health care risks while on our trips, and in addition should provide for transport to your home country or province. All participants will be required to provide proof of travel medical insurance that includes sufficient emergency evacuation coverage. IN LIGHT OF OUR CANCELLATION POLICY AND THE EXTREME ENVIRONMENT IN WHICH WE TRAVEL, it is mandatory that all trip participants obtain travel and medical insurance with a minimum medical and evacuation coverage of USD $1 Million, covering all applicable dates of any travel with AK. This insurance must cover personal injury and emergency medical expenses. It is strongly recommended and encouraged that trip participants also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the trip participant. When obtaining travel insurance, the trip participant must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable trip. AK will not pay for any expenses incurred for medic al reasons. You must be in general good health to participate in our trips. Anyone with medical problems or restrictions must make them known to us well in advance of the trip. A MEDICAL RELEASE IS REQUIRED FROM ALL PARTICIPANTS AND A MEDICAL CERTIFICATION MAY BE REQUIRED. The trip leader has the right to remove any trip participant from the group at any time if considered medically necessary; no refunds will be made under such circumstances. AK and its affiliates take no responsibility for special arrangements required by passengers physically unable to complete a trip and assume no liability regarding provision of medical care.

10) TRAVEL DOCUMENTS

Participants must have a valid passport for international travel. Participants are responsible for arranging visas or travel permits, if applicable.

11) PARTICIPANT INFORMATION

Trip participants are responsible for providing correct information regarding personal details. AK will not be responsible for costs incurred due to incorrect, incomplete or inaccurate information. Age Requirements: On all AK trips, an adult who is at least 18 years of age on the date of first travel (“Adult”) must accompany any trip participants under the age of 18 (“Minors”). Unless otherwise indicated in the trip description, or otherwise by AK, the minimum age for trip participants is 12 years. All bookings for trip participants under the age of 18 are subject to review and approval by AK. If the consent of a parent or any other person is required by applicable law for any Minor to travel, the accompanying adult is responsible for securing all such proper consent and ensuring that s/he and the Minor meet all legal requirements to travel on the applicable trip. AK will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of an adult trip participant to secure such necessary consents, permits, and approvals. Each Adult on a trip with any Minor is jointly and severally responsible for the behaviour and well-being of all Minors, and expressly accepts these terms and conditions on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minors. AK and its representatives expressly disclaim any responsibility for chaperoning or controlling any Minors.

12) DECLINED RESERVATION

Should a participant be declined prior to the scheduled date of departure, AK will refund all payments received from the applicant less a USD $500 processing fee and this will be the limit of AK’s liability and AK shall not be liable for any special or consequential damages, whether known or unknown, under any circumstances whatsoever. AK’s decision to decline participation in any trip shall be in its sole and absolute discretion. AK is not responsible for any expenses incurred by the applicant or the applicant’s booking agents in preparing for the trip, including non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees or other trip-related expenses.

13) BAGGAGE

As flights to the Arctic can be infrequent and our accommodations may be hours or days away from the airport, delayed baggage can be a major inconvenience. If a participant’s warm clothing, camera, scientific or sport equipment doesn’t arrive, it may make it impossible to pursue the intended activities on the trip. In the event of delayed baggage, there shall be no refund for any days spent waiting for it to arrive. Additional lodging, meal, airport taxi and private guiding charges for reunification with the group would be the responsibility of the trip participant if he/she elects to stay in town to wait for the baggage. Additional charges to collect the baggage and bring it to our accommodations are the trip participant’s responsibility.

14) SINGLE PARTICIPANTS

Arctic Kingdom welcomes single travelers. If you are a single traveler who requests at time of booking to share accommodations with a fellow traveler of the same gender, we will try to match you. IF NO MATCH BECOMES AVAILABLE, A SINGLE SUPPLEMENT WILL NOT BE CHARGED. If you would prefer a single room/accommodation, you will be charged the single supplement. Single accommodation may not always be available on all trips. We cannot guarantee single accommodations even after reservations and confirmations of trip bookings have been made.

15) RIGHT OF ENTRY

Any trip staff member or other person authorized by AK staff shall be entitled to enter a participant’s room or tent to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith.

16) WITHDRAWAL

AK reserves the right to require any participant to withdraw from a trip at any time if the trip leader deems his or her acts or conduct to be detrimental to or incompatible with the interest, harmony, comfort or welfare of the trip; the person’s health is at risk; if an illegal act is committed; or his or her behaviour becomes detrimental to the safety, enjoyment or well-being of the group. Any expenses incurred by a trip participant as a result of removal from a tour will be the responsibility of the trip participant. In such cases, no refund or credit will be payable or due to the trip participant. In the event a trip participant decides that he/she would like to leave the trip early, a fee will be assessed for the staff and transportation costs required for a premature private return. The trip participant would also be responsible for additional lodging, meals, airport transfers and air ticket change fees. Such costs must be paid prior to a departure home.

17) SAFARI CAMPS ON ICE

Arctic Kingdom has pioneered the safari camp on sea ice. It is a remarkable place to be with stunning vistas, mountains and wildlife. Each new season, the safari camps on ice are set back a safe distance from the edge of the ice and day trips are conducted to the edge to view wildlife. When selecting a location for the safari camps on ice, AK takes many factors into account with the underlying goal of ensuring the safety of guests and staff. Each year sea ice conditions can vary which can result in some years where a safari camp is only a short distance from the edge or other years it can be far away and require hours of travel over the sea ice to reach the floe edge. Since 2001, when Arctic Kingdom operated the first safari c amp on ice, there has been one year where a floe edge was not accessible due to extremely rough ice and ice that was so extensive, it would have taken 2 days to reach by snowmobile. Ice conditions can change rapidly during the floe edge season and despite such initial conditions, wind, weather and currents can all of a sudden make a floe edge become further and even inaccessible. Such an event is beyond the control of Arctic Kingdom and if it were to occur, the trip itinerary and activities will be modified to reflect the opportunities that exist without an accessible floe edge. In other cases, if ice conditions change over the course of a trip that puts guests, staff and the safari camp in jeopardy, AK reserves the right to either relocate the camp and if necessary end the trip and terminate the safari camp.

18) GROUP CAPACITY

The maximum number of participants per group does not include the trip leaders, guides or other staff. Should only one space remain on a trip, it is our policy to accept two persons travelling together, even if it exceeds the stated trip maximum.

19) SPECIAL GUESTS

Arctic Kingdom may indicate that special guests may be on a trip departure. Arctic Kingdom reserves the right to remove or exchange the special guest for any reason with little or no notice.

20) ACTS OF GOD AND FORCE MAJEURE

In the event of catastrophic events that may preclude air travel, it may be impossible for a trip participant to arrive as scheduled. Depending upon the severity and location of the event, it may or may not affect other trip participants arriving or the flights booked by AK. We will make every effort to accommodate trip participants arriving late, however, due to the complex nature of our trips, we make no guarantees that the trip will be held, delayed or extended. No refunds or credit will be provided. We highly recommend trip cancellation insurance to cover such a scenario.

21) WILDLIFE ENCOUNTERS

While we do our best, we cannot guarantee that we will see all the wildlife referenced in our marketing material. Participants must follow the instructions of our guides and staff at all times. If an individual is overly confident, eager or reckless in approaching any wildlife, the trip participant may be withdrawn from the trip at the sole discretion of the AK trip leader. If an animal is killed as a result of a trip participant not following instructions by AK staff, a fine of as much as CAD $30,000 or more per animal may be charged by a wildlife officer. AK will not be held responsible for payment and any fines or penalties will be the responsibility of the participant.

22) INUIT ANIMAL HARVESTING

We position our trips in areas with large concentrations of wildlife. We are not in a preserve, park, and sanctuary or otherwise protected area. We are in fact in the real Arctic where Inuit have lived for centuries off the land and sea. We use the most experienced local hunters as guides and occasionally find ourselves in the same areas as local Inuit hunting parties. We support the aboriginal right to hunt as part of a lifestyle that has supported Inuit over thousands of years in one of the harshest climates on earth. We enjoy the hospitality of the people of the North and have established valuable relationships of trust and mutual respect. Occasionally, on our trips, there may be hunting activity relatively near to our camps. It is forbidden to take photographs unless there has been previously arranged local consent. These images, if improperly used, could cause substantial harm to Inuit and their traditional way of life. Participants should expect to see evidence of hunting within the local towns and surrounding areas.

23) IMAGES AND WILDLIFE

Marketing materials contain photographs that depict typical locations, scenes and wildlife that may be viewed on an AK trip. Imagery may not be a specific representation of the equipment we may use, wildlife we may see or weather conditions we may experience. The sightings of wildlife on the trip can vary and are not guaranteed.

24) PHOTOGRAPHY AND MEDIA

AK reserves the right to take photographs and video footage on trips for internal and promotional purposes, which may include photographs and/or video footage of Trip Participants. Trip participants grant AK a non-exclusive license and right to use, reproduce, publish, sell, distribute, display, or create derivative works, of such photos and videos in any media now known or later developed, at its sole discretion in any publication, broadcast, multimedia production, DVD/CD, display, advertisement or internet publication, worldwide in connection with activities relating to the advertising, marketing, educational, commercial, or business purposes of Arctic Kingdom. To refuse permission to use your image for promotional purposes, you must inform AK in writing prior to departure.

25) CLAIMS AND COMPLAINTS

If a participant has a complaint against AK, the participant must first inform the trip leader at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, contact the AK office at +1-867-979-1900 and allow us the opportunity to rectify the matter. If satisfaction is still not reached through these means, then any further complaint must be put in writing and sent to P.O. Box #6117, Iqaluit, NU X0A 0H0 or to [email protected] to AK with receipt confirmed within 30 days of the end of the tour. AK will not accept any liability for claims received after this time period.

26) GOVERNING LAW AND JURISDICTION

This agreement and any disputes hereunder shall be governed by and construed in accordance with the laws of the Territory of Nunavut and the laws of Canada applicable therein. In the event a lawsuit is filed, the trip participant(s) agree(s) to do so solely in the city of Iqaluit in the Territory of Nunavut in Canada. Upon making an advance payment, or any part of full payment for a reservation for an AK trip, the undersigned acknowledges and confirms that he or she, having read and understood these Terms and Conditions in their entirety, agrees (i) to be bound by all of the terms hereof, (ii) confirms that these Terms and Conditions will be binding on his or her heirs, next of kin, executors, administrators and successors, and (iii) that this is the entire understanding between the participant and AK and cannot be modified or changed in any way by any statements or representations by the participant or by AK.

27) VOLUNTARY PARTICIPATION

You acknowledge that you have voluntarily applied to participate on this trip and that you have read the description of the t rip as it appears on the website together with all information contained in this application and the Reservation Form. You are voluntarily participating in this trip with the knowledge of the hazards involved.

28) ASSUMPTION OF RISK

You are aware that adventure travel such as that which you are undertaking involves hazardous activities in remote areas of the world with a risk of illness, injury, permanent disability, and death. You are also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which you are participating on the trip. In order to partake in the enjoyment and excitement of this adventure travel trip, you are willing to accept the risks and uncertainty involved as being an integral part of the adventure. You hereby accept and assume full responsibility for any and all risks, known or unknown, including but not limited to illness, injury, permanent disability, death, including risks caused by the negligence of AK, its affiliates, owners, directors, agents, officers, employees, contractors, subcontractors, or any associate organization and the actions of other trip participants. 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. Participants may book far in advance of a trip and Arctic Kingdom's terms and conditions may be updated between the time of booking and the time of departure. The terms and conditions in effect upon commencement of the trip will be considered in effect for all those participating in the trip. The most up to date Terms & Conditions are available for download from Arctic Kingdom's web site: www.arctickingdom.com/termsandconditions

29) LIMITATION OF LIABILITY

AK purchases transportation (such as airline tickets, taxi and boat charters), hotel accommodations and other services from various independent suppliers that are not subject to its control. Neither AK, its affiliates, owners, directors, agents, officers, employees, contractors or subcontractors 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, 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 AK, 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 f or travel, hotel or other accommodation, AK 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 AK neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold AK responsible for their acts or omissions. In no event will AK be responsible for incidental, consequential or special damage or loss suffered by any person. AK’s maximum liability, for any reason whatsoever, will be limited to the amount paid to AK for its services.

31) RELEASE OF LIABILITY

As consideration for being permitted by AK to participate in its adventure travel activities, you hereby release, hold harmless and agree to indemnify AK and its affiliates, owners, directors, agents, officers, employees, contractors, subcontractors, and associate organizations from any and all claims of loss or damage to person or property by reason of injury, disability, death 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 agree that neither you, nor any of your heirs, personal or legal representatives, or family members will bring suit or make a claim for illness, injury or death resulting from the negligence of AK, its affiliates, owners, directors, agents, officers, employees, contractors, subcontractors, and associate organizations (or the supplier of any of the facilities or equipment you will use in these activities) as a result of your participation in this trip.
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