Insider Expeditions (hereinafter “Insider”, “We”, “Us”) specializes in curating and hosting one-of-a-kind experiences for groups and individuals (hereinafter “you” “traveler”) on all seven continents such as this Climate Discovery Tour ft Sir Henry Graham (“Experience”). Please read and understand the terms and conditions of booking set out below, as they affect your legal rights and responsibilities.

PLEASE CAREFULLY READ THE ENTIRE DOCUMENT, INCLUDING SECTION 5 (NATURE OF THE EXPERIENCE).  IT SETS FORTH IMPORTANT INFORMATION ABOUT REFUNDS. SIR HENRY GRAHAM AND OTHER GUESTS AGREED TO PARTICIPATE DURING THIS ADVENTURE TO ANTARCTICA, EXCEPT IN THE CASE OF A SERIOUS ILLNESS IMPACTING THEMSELVES OR A FAMILY MEMBER OR OTHER FORCE MAJEURE EVENTS BEYOND THEIR OR INSIDER’S CONTROL. IN THE HIGHLY UNLIKELY EVENT THAT SIR HENRY GRAHAM DOES NOT PARTICIPATE, THE EXPERIENCE WILL CONTINUE AS PLANNED AND INSIDER WILL EITHER PROVIDE OTHER EXPERIENCES AND GUESTS OF ITS CHOOSING OR AT MOST REFUND $100 PER TRAVELER FOR THE LACK OF APPEARANCE OF SIR GRAHAM.  IN THE EVENT THAT THE EXPERIENCE IS CANCELED, YOU WILL BE REFUNDED IN FULL MINUS ANY NON-REFUNDABLE CREDIT CARD CHARGES OR OTHER DOCUMENTED EXPENSES BEYOND INSIDER’S CONTROL.

1. OUR CONTRACT

By booking a ticket to the Experience with us, you are deemed to have agreed to these Terms and Conditions and your booking will be accepted by us on this basis. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us).

Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking, you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.

Violations by You. You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase; and/or (b) you being denied access to the applicable travel related product or service.

2. COVID 19 RELEASE OF LIABILITY

By booking an Experience at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your Experience. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Insider.

You acknowledge that due to the uncertainty of travel at this time, your Experience may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. Some locations may require you to have a vaccination or proof of a negative test. Upon return home additional requirements and/or testing may apply. You are responsible for understanding these requirements and must not rely on Insider to provide these details. You understand that you may become sick before, during, or after the Experience and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms and COVID- 19 Cancellation below.

You agree that due to uncertainty caused by COVID 19, Insider has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Insider shall not be liable to any losses howsoever arising.  You assume the risk that travel insurance may not cover COVID-19 related claims.

You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Insider Expeditions, its members, officers, agents, and/or employees, suppliers of travel services, and other participants (RELEASEES), of, from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part  to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

3. VALIDITY

Dates, itineraries, and prices for this program are valid only for CLIMATE DISCOVERY TOUR to Antarctica, March 4-15, 2024. Alternative future dates, itineraries and prices are subject to change. The price of your itinerary will be based on known costs at the date of issue of the itinerary.

For the purposes of these terms, conditions and waiver, a traveler is considered to have commenced the Experience when they arrive to Buenos Aires and attend the first event  (welcome dinner) on March 4th, 2024, and a traveler is considered to have completed the Experience when they land back in Buenos Aires via private flight on March 15th, 2024.

We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment.  Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers of travel services, dues, or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made, and you can pay the new final price, or receive a full refund on all monies paid. After final payment your price is locked in.

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

4. DEPOSIT AND CANCELLATION

We highly recommend all travelers purchase travel insurance within two weeks of initial deposit.

A deposit of $5000 is required to secure your spot. We expect this once-in-a lifetime Experience to sell out quickly. Deposits and confirmations will be offered on a first-come, first-serve basis with a waiting list created for cancellations. Both deposits and full payments may be made by personal check or credit card. The returned check fee is $100. You can book with the utmost confidence as Insider guarantees that you will be refunded if Insider cancels the Experience.

You must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its own terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.

Credit Card Bookings

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click or signed authorization for every transaction for the Experience. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Insider retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

Chargebacks arising from inconsistency or inaccuracy regarding the suppliers of travel services activity description.

Chargebacks resulting from force majeure or other circumstances that are beyond the control of Insider or the suppliers of travel services.

Chargebacks resulting because you do not agree with the cancellation policy.

Due to the anticipated demand of the program and the limited availability of tickets, the Experience deposit is non-refundable. Ticket registration is non-transferable and cannot be resold through any third-party or secondary markets under any circumstances. Any registered traveler in violation of this resale policy will forfeit their ticket and all payments without refund. In rare circumstances where the health of a traveler (including testing positive for COVID-19) prevents their attendance at the Experience, Insider Expeditions will allow ticket transfer to a person of your choice or from the waitlist.

Your final invoice will be due no later than 3 months out from the trip, which is December 15th, 2023. Payment after this date may result in your space being lost to another traveler.

More flexible payment timelines can be made available as necessary; please write to [email protected] to inquire about a customized payment timeline.

All reservations are non-cancellable and non-transferable.

Extenuating Circumstances for COVID-19.

Traveler safety is our number one priority. If authorities deem it unsafe to travel, we will work to postpone the Experience to a future date. In the event of official Experience cancellation by us due to COVID-19 or for any other reason, all participants will be fully refunded.

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.

If a traveler fails to follow the direction and instruction of the staff regarding quarantining or any other safety procedures, the traveler may be denied access to any and all of the events of the Experience without a refund.

5.     NATURE OF THE EXPERIENCE

The Experience is a Climate Change Discovery Tour ft Sir Graham Henry & guests (the “Experience”). Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular event on any particular date to be performed by any particular artist or celebrity. You and Insider agree that you are purchasing a ticket for the Experience for a specific period of time during which time it is anticipated that Sir Graham Henry and other guests will participate. Insider cannot guarantee that any Guest will be able to attend. Insider can make no guarantee that any guest will be able to meet Sir Henry Graham & Guests during the Experience or during any other excursion.

Breach or Cancellation by Guests

Insider has entered into an agreement with Sir Graham Henry to participate in accordance with terms specified therein. However, Insider shall not be liable or responsible for failure of any guest to appear or to perform under its agreement.

Insider shall not be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity if such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather and safety considerations , illness, death of a family member or other cause or circumstance beyond Insider’s reasonable control.

If SIR HENRY fails to participate during the Experience, Insider, on a commercially reasonable basis, may engage a replacement Guest or Guests, or may change and/or postpone all or any part of the Experience or the entertainment program. In such case, Insider shall have no liability to you for any loss, damage, cost or expense whatsoever by reason of such change, except that a postponement shall be for a commercially reasonable time.

If the Experience is cancelled, Insider shall make a complete refund within ten (10) days to each paying Traveler.

In any other case, including without limitation any breach of contract or failure to participate from any Guest, you and Insider acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. A number of factors contribute to these uncertainties including without limitation the fact that Traveler has embarked on other substitute entertainment, experiences and opportunities will be provided for Traveler’s enjoyment and the difficulty of arranging substitute entertainment.

Therefore, Traveler’s agrees that the remedies described herein (substitution for any particular Guest or partial refund in the event of cancellation) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable by Insider, whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of the Experience or performance by Insider.

If the performance is canceled as the result of any material breach or gross negligence of Insider or of a contracted, Traveler’s shall be entitled to the sum of $100.00 representing a pro-rated amount of the entertainment portion of the consideration paid by Traveler.  No Traveler shall be entitled to recover any incidental or consequential losses or damages sustained by him or her.  Each Traveler agrees this remedy shall be his or her exclusive remedy.

6. YOUR DETAILS

In order for us to confirm your travel arrangements you must provide all requested details.  Necessary details include any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Travelers voluntarily assume full and sole responsibility for all risks and/or costs involved with failure to report any errors and/or omissions to documentation.

7. PERSONAL INFORMATION

Please ensure the information you’ve provided in this web form is correct. Insider will not be responsible for omissions or errors if not brought to our attention immediately.

8. CANCELLATION AND CHANGES BY INSIDER

We reserve the right to cancel or reschedule any departure for any reason at any time. If we cancel, we will offer alternate arrangements.  We may at our sole discretion offer new commercially reasonable performance dates, travel vouchers or refunds in accordance with the cancellation schedule above. Any extra expenses incurred in such a situation are the responsibility of Insider.

If prior to and/or during actual travel, circumstances require changes, Insider and its suppliers of travel services reserve the right to cancel or vary any itinerary and substitute components of any part of the Experience, including but not limited to hotels, and accommodations of comparable quality, if surface transportation charges, security matters, and/or other events make such alterations necessary, so long as the core aspects of our program remain the same. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of participants in the Experience. The Experience may be altered as described above.

9. FORCE MAJEURE

Safety is the most important priority of our travelers and team. Insider assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other Force Majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, monsoons, sand storms or heavy winds, floods that threaten water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Insider that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

10. NON-OPERATION OF PERFORMANCE

The Experience is based on a minimum number of participants.  Insider makes every effort to ensure that Experience meet the minimum number of required participants.  However, if the sales of tickets for the Experience drops below the minimum number of participants, cancellation of the Experience may occur at the sole discretion of Insider.  In such case, travelers will be advised at least 45 days prior to departure.  Insider reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements.  You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided.  Any air cancellation will be in accordance with the terms of the carrier and Insider will not be liable for the carrier’s refusal to make any refund whatsoever.  In such case Insider will not be liable for any additional costs incurred outside of the Experience prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.

11. INCLUSIONS

• 2 nights in a 5-star hotel in Buenos Aires, Argentina
• Charter flights to and from Ushuaia, Argentina
• 10 day, 9 night voyage with accommodation in a shared cabin with private facilities and balcony
• All Zodiac landings and excursions
• Exploration and climate programming
• Special edition expedition parka
• Use of rubber boots and necessary expedition equipment
• Private guides and lectures by our English-speaking expedition leaders
• Educational presentations, lectures, and activities aboard the ship
• All meals aboard – breakfast, lunch, dinner and afternoon snacks
• Unlimited premium pours of beer, wine, spirits, speciality coffee, tea, and soda
• Welcome champagne reception
• Comprehensive cultural information and reading materials
• Standard wireless internet throughout the ship
• Medical evacuation insurance up to $200,000 USD
• All gratuities, service taxes, and port fee

While we exercise due diligence in the selection of Experience activities, planes, ships, hotel and other accommodation profiles are based on information provided to us by the suppliers of travel services.  This includes images and descriptions of the properties and rooms.

12. EXCLUSIONS

•   Flights/transportation to and from Buenos Aires
•   Optional ship activities (kayaking, snowshoeing, paddle boarding)
•   2-night accommodation in Buenos Aires
•   Transportation of luggage in excess of weight allowance
•   Travel insurance (strongly recommended)
•   Food and beverage other than that specified in itinerary
•   Expenses of a purely personal nature
•   Costs associated with trip interruption or modification due to weather, travel conditions, political/civil disputes, medical emergencies, or other causes beyond our control

This list is illustrative and not a complete list of every item not included.

13. AGE + HEALTH REQUIREMENTS

Minimum General Policy: All travelers must be at least 18 years of age by the date of travel. If you are under 18 and you would like to apply for an exception to this rule please write to [email protected]

Maximum General Policy:  We have no upper age limit though we remind you that passengers must ensure that they are suitably fit to allow safe participation. The nature of this Experience means that it may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our other trips. For the safety or our travelers, Insider reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

14. TRAVEL INSURANCE

While your Experience includes limited emergency insurance coverage to include evacuation, repatriation, and medical care in the event of an emergency (up to 250,000 USD), we strongly recommend the purchase of trip cancellation and baggage insurance through a company of your choice. Such plan should cover Trip Cancellation or Interruption, Medical Expense, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs, missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.

Insider is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Insider cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Declining to purchase an adequate travel protection plan could result in the loss of your already paid travel expenses and/or require you to make additional unplanned expenditures in the event of unforeseen circumstances. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available. 

15. FLEXIBILITY

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities, and mode of transport may be subject to alteration without prior notice due to local circumstances or events. These changes will not be considered material changes and will not be considered cause for cancellation by the guest.

If we suggest alternate activities in place of a change or in case of leisure time, such suggestions do not constitute our endorsement.  In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.

16. CHANGE OF ITINERARY

While we endeavor to operate the Experience as described, the weather conditions in Ushuaia, Argentina may require a slight deviation in the itinerary detailed above for your safety.

Departure: Insider is not responsible for any charges incurred concerning onward flights, if your transportation to or Buenos Aires, Argentina is missed by you, or delayed, for any reason.

After departure: We reserve the right to change specific landings in Antarctica, as discussed in Section 8, after departure due to local circumstances or events outside of our control. These changes will not be considered a material change and will not be considered cause for cancellation by the guest.

17. AUTHORITY DURING THE EXPERIENCE

Our Experience is run by various staff members and leaders. The decision of the staff members and leader is final on all matters likely to affect the safety or well-being of any participant. If you fail to comply with a decision made by a staff member or leader or interfere with the well-being or mobility of the group, the group leader may request for you to leave the Experience immediately, with no right of refund.  You must always comply with the laws, customs, and drug regulations of all states, territories, seas and lands visited during the experience, including but not limited to Antarctica.

18. NO REFUND FOR UNUSED ARRANGEMENTS

Insider’s prices are based on contract rates, and there will not be any refund for any unused portion of a travel booking. If you cancel while the Experience is in progress or are asked to leave under section 17 of these terms and conditions, there is no refund for the unused portion.

19. INDEMNIFICATION

Traveler agrees to and shall indemnify and hold harmless Insider Expeditions, and each of our officers, directors, employees and agents (collectively “Insider”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Insider (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the Experience.

20. DESTINATIONS AND DOCUMENTATION

Travel to certain destinations may involve greater risk than others. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests, tracking, and vaccination requirements. It is your responsibility to be aware of all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Insider will not be liable for damages or losses that result from travel to such destinations.

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Insider strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation.

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to the experience. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings tours.  Insider bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

INSECTICIDE NOTICE.  Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements

21. ACCEPTANCE OF RISK

You acknowledge that the nature of the trip is adventurous, and participation involves a degree of personal risk. Inherent risks include, but are not limited to, risk of injury or death from: incidents on board the vessel including, slips, and falls, being thrown overboard or other injuries due to your own negligence or from the movement of the ship, weather conditions at sea including squalls, arctic cyclones, water spouts, encounter with ice floats, icebergs, or growlers.  Accidents at sea which may require evacuation from the vessel;  Injuries during land expeditions including slips and falls due to ice or obstructions on trails, improper use of equipment, failure of equipment whether from your own negligence or the negligence of others including employees and/or agents of Insider Expeditions, encounters with or attacks by marine life, animals and/or insects; exposure to plant life; criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind;  and acknowledgement that such exposure may lead to hypothermia and death;  your own negligence and/or the negligence of others, including tour guides, other travelers, Insider Expeditions and its employees, agents and/or representatives; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

At all times our safety and passenger comfort will be the top priority. Insider Expeditions will be securing medical evacuation insurance up to $250,000 USD for each traveler. Insider cannot guarantee this would cover the full cost of medical emergency services required.

Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this experience, traveler is willing to accept the risks and  uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Insider Expeditions from any and all claims associated with the experience, including any claims of third party negligence and/or the negligence of Insider Expeditions, and traveler hereby covenants not to sue Insider Expeditions for any such claims or join any lawsuit or action that is suing Insider Expeditions. This agreement also binds your heirs, legal representatives, and assigns.  The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.  Notwithstanding the above content of Section 21 content of, Insider Expeditions shall require the suppliers of travel services to protect the passengers by carrying commercially reasonable insurance covering the suppliers’ negligence or more culpable acts or omissions.   Protection of purchaser’s ticket sales in the event of cancellation through the following: INSIDER EXPEDITIONS will hold all revenues prior to the event in an escrow account at Bank of America or another major bank, using a commercially reasonable escrow agreement: however, INSIDER EXPEDITIONS reserves the right to purchase commercially reasonable event cancellation insurance at any time through a major international insurance carrier, to be decided by INSIDER EXPEDITIONS and shared with Sails in Concert.  If such insurance is purchased, full ticket revenue will no longer be required to be held in an escrow account.

22. LIMITATION OF LIABILITY

We contract with a network of companies, suppliers of travel services, and individuals to assist in the running of our trips as agent for these third parties.  WE ARE NOT RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THESE THIRD PARTIES.

To the fullest extent permitted by law:

Any liability for any loss, death, injury, or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded.

You release us and our officers, employees, agents, and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in the trip.

Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive, or exemplary damages.

Insider and their employees, shareholders, affiliates, officers, directors, successors, agents and assigns neither own nor operate any entity which is to, or does, provide goods or services for your trip including, for example, lodging facilities, airlines, vessels, vehicles, or other transportation companies, guides, or guide services, local ground operators, providers or organizers of optional excursions, food services providers, etc. All such persons and entities are independent contractors and not affiliated with Insider in any way. Insider makes these travel arrangements under the express condition that Insider is not liable for any negligent or willful act or failure to act of any such person or entity of any third party. In addition, and without limitation, Insider is not responsible for any injury, loss, death, inconvenience, delay, expense, irregularity or damage to person or property in connection with the provision of any goods or services, by any company or individual engaged in providing those services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, guides, etc. is subject to the laws of the state or country where the services are provided.

Responsibility is also not accepted for bodily injury, property damage or loss or any other expense whether resulting from, but not limited to, acts of God or force majeure, acts of war or civil unrest, acts of insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, sickness, illness, weather, sand storms, monsoons, fire, flood, the lack of availability of or access to appropriate medical attention, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, any failure of any transportation mechanism to arrive or depart on time, or any other event beyond Insider’s control. If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), then you are responsible for your own hotel, transfers, and meal costs.

In the event an airline or travel vendor declares bankruptcy, it is not obligated to carry you or to provide funds. Money given for your travel is immediately becomes the property of the airline or travel vendor as required by law. We are not allowed to provide refunds for vendors who have declared bankruptcy. If an airline or travel vendor declares bankruptcy, it might continue services or stop completely. Other airlines or travel vendors might provide alternative services under the limited circumstances.

Baggage is entirely at owner’s risk. Personal effects are the sole responsibility of the owners at all times. We reserve the right to decline to accept or retain any person as a participant on these trips at any time, or to require any person to withdraw from the tour at any time, when such action is determined by their representatives to be in the best interests of their health, safety, and general welfare of the tour group or individual. Any physical or mental condition that may require special medical attention must be reported in writing at the time of reservation.  We reserve the right to withdraw without penalty any tour announced and refund all money.

We cannot guarantee the size of the group. We do not accept liability for any airline change or cancellation penalty incurred by the purchase of a nonrefundable airline ticket. The air ticket when issued shall constitute the sole contract between the passenger and the airline concerned.

By submitting the deposit, the participant certifies that he/she does not have any mental, physical, or other condition of disability that would create a hazard for him/herself or other participants and accepts the terms and conditions of this contract.

23. OPTIONAL ACTIVITIES

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or our local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.

24. CLAIMS & COMPLAINTS

If you have a complaint about your trip, please inform one of the group leaders on the program, or email immediately  [email protected] at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the Experience.

25. SEVERABILITY

In the event that any term or condition contained in these Booking Conditions is deemed unenforceable, or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

26. PRIVACY POLICY Any personal information that we collect about you may be used for any purpose associated with the safe and effective operation of an experience. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the experience.
27. APPLICABLE LAW /CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM.

Insider Expeditions is a US-based tour operator and any all claims, complaints, or disputes, must be undergone in the jurisdiction of the United States. The laws of Washington, DC, USA govern these Booking Conditions to the fullest extent allowable.

Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Washington, DC.  You agree that you will only bring claims against Insider in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Insider shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages.

You understand and agree that no claims will be considered and that you will not bring suit against Insider Expeditions unless you have first provided a typewritten notice of claim to Insider within 30 days after the trip or cancellation of the trip.

28. UPDATING OF TERMS AND CONDITIONS

These terms and conditions supersede and replace all prior terms and conditions, whether written or oral, proposed or otherwise, regarding the subject matter hereof. Insider reserves the right to update, change or modify the Terms and Conditions.