Terms and Conditions - Ice Tramp LLC 2019
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY ICE TRAMP LLC TO, AND ACCEPTED BY, YOU, THE TRIP PARTICIPANT, SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. EACH TRIP PARTICIPANT SHOULD CAREFULLY REVIEW THIS CONTRACT.
The purchase of any travel services offered by ICE TRAMP LLC
creates a contractual relationship between Ice Tramp and you, the customer/participant in the travel package provided by Ice Tramp (for and on behalf of yourself and all other customers/participants for whom you are purchasing the travel package, herein referred to as the "traveler", "passenger", “participant”, "you" or "your), and represents your acceptance of the terms and conditions of your travel package set out below (the “Terms and Conditions”).
Deposits: To confirm reservations on all Ice Tramp products, a deposit of 20%
Final Payments: Balances are due 60 days prior to departure. *
*Exemption to Final payments time line terms is made for travelers who are transferring their bookings on same voyages from Polar-Kreuzfahrten / FIETZ GmbH, whose balance is due 30 days prior to departure.
2.0 Emergency Evacuation Insurance and Travel Insurance
Due to the remoteness of where we travel, an adequate medical facility could be 72 hours away or more, and emergency evacuation and adequate medical treatment may be delayed or unavailable in certain areas.
2.1 Emergency Evacuation Coverage –
Emergency evacuation insurance, is required by all guests. Should you need assistance purchasing one, Ice Tramp can refer you to a provider.
3.0 Cancellations and Refunds
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 or your travel agent and you must receive your refund directly from these sources. 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 Ice Tamp LLC 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. Cancellations received 180 days or more prior to departure, are refundable less an administrative fee of minimum US$1250, €1100 per person. If cancellation is received between 179 days and 120 days, the deposit is forfeited. If cancellation occurs less than 120 days prior to departure, all payments are forfeited. If full payment has not yet been received, the full penalty will still apply and any unpaid balance is due immediately. To protect your investment, Ice Tramp highly recommends that you obtain adequate trip cancellation insurance.
Ice Tramp begins planning our expeditions many months or even years in advance of departure. Occasionally, we have to make changes both before and after bookings have been confirmed. Unless otherwise provided in these Terms and Conditions, Ice Tramp reserves the right to change any service prior to departure without compensation or refund; including but not limited to change in vessel, transfer packages (ground or air), group hotel nights and the voyage itself.
4.0 Trip Cancellation by ICE TRAMP, prior to itinerary start date
Ice Tramp begins planning our land and sea trips many months in advance of departure. Occasionally, we have to make changes both before and after bookings have been confirmed. Ice Tramp reserves the right to cancel or change any service prior to departure. For any affected passengers on any cancelled trip, Ice Tramp will first offer affected passengers an alternate trip to re-book on. If the affected passenger is not able to participate in the alternative trip, Ice Tramp will refund to such passenger any payments made to Ice Tramp without further obligation on our part. Please note that in the event of cancellation, Ice Tramp will not be responsible for the cost of any additional travel arrangements or any other items not purchased through Ice Tramp.
5.0 Amendments to Bookings
Ice Tramp will make every effort to assist in changing your reservation; however, changes must be submitted in writing a minimum of 120 days prior to departure. If the amendment is possible it will be subject to a minimum US$250, €220 per person fee, plus any difference in fare if applicable. Amendments include name changes but not voyage changes.
6.0 Additional Travel Documents
The traveler must be in possession of a valid passport and any visas, permits, inoculations and certificates (including health certificates) that are required for the duration of the services provided by Ice Tramp and be able to satisfy all requirements of all immigration, port or health authorities of the port(s) of disembarkation and of the country of ultimate destination. If immigration or other government authorities refuse a traveler permission to land, or give orders for deportation, the traveler shall be responsible for all costs incurred by the traveler, Ice Tramp and/or the carrier.
7.0 Compensation
Compensation for personal injury is limited in accordance with the provisions of International Conventions, but only to the extent such International Conventions apply. 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.
8.0 Limitation of Liability
Ice Tramp purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its control.
9.0 Acknowledgment of Risk
You understand and acknowledge that your travel in connection with and participation in the tour arranged at your request by Ice Tramp may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. 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 Ice Tramp or of other participants, contractors and/or subcontractors to Ice Tramp. 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.
10.0 Release of Liability
In consideration of the services and arrangements provided by Ice Tramp, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Ice Tramp, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for emotional injury, 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 and shall include, without limitation, any loss caused by breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances, equipment, furnishings, supplies or officers or crew of the vessel/camp or its launches or watercraft; fault or neglect of the Master, tugs, officers or members of the crew, agents, servants, independent contractors; the quality, nature or consequences of medical or surgical treatment; any loss, damage or delay arising from inherent defect, or vice or quality of the traveler’s baggage or from the insufficiency, inadequacy of absence of baggage marks or of address or description of such baggage; any loss or damage caused by delay in, or prevention of sailing, prolongation of the expedition, deviation or stoppage in transit, or from any calls at ports or variations from the scheduled or regular course of the expedition; seizure of the vessel/camp under legal process; any act, omission, fault or negligence of the traveler or fellow travelers. 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 ICE TRAMP LLC.s
11.0 Limitation of Liability, Personal Injury
Ice Tramp and carrier hereby disclaims all liability to the passengers for emotional distress, mental suffering, psychological injury of any kind under any circumstances, when such damages were neither the result of physical injury, nor were intentionally inflicted by Ice Tramp or carrier. Without limiting the preceding sentence, in no event will Ice Tramp or carrier be liable to the passenger for any consequential, incidental, exemplary or punitive damages.
12.0 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 New York, NY, 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.
13.0 Use of Likeness
You hereby grant Ice Tramp 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 voyage must inform Ice Tramp in writing prior to the voyage. In addition, you hereby grant Ice Tramp 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 Ice Tramp (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 Ice Tramp and will not be returned. You hereby irrevocably authorize Ice Tramp 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.
14.0 Entire Agreement
These Terms and Conditions shall represent the entire agreement between the parties on the subject matter hereof and any and all prior agreements, discussions, representations, whether oral or in writing, are hereby superseded by the terms herein.