Please read carefully the following travel conditions as they apply to the Antarctic expedition as detailed here. We hereby refer to “Solo Female Travelers S.L” as SFT and the “contracting party” as the traveler who has made the booking.
- Changes in travel elements / price changes
1.1 Changes in the travel offer, agreed in the travel confirmation (which occur before the start of the journey) are permitted only if they do not substantially alter the nature of the trip. This includes, among other things, changes made by the airline, changes in flight departure times, changes referring to hotel overnight stays before or after the main journey, minor changes in the travel programme or excursion offer. Such changes may not be used by the contracting party as a reason for cancelling the travel contract or to put forward a claim of any kind to SFT.
1.2 The agreed price is based on the prices, exchange rates, duties and taxes as known to SFT at the time the publication went live and at the time of the travel confirmation. SFT reserves the right to raise the agreed price (on the grounds of, among other things, unforeseeable increases of e.g. exchange rates, sudden increased prices of accommodation providers, airlines, duties, taxes, harbour dues and fuel prices). In the case that a price alteration is considered necessary by SFT or its partners, SFT is obliged to inform the contracting party in writing of this at the very latest 60 days before the day of departure. Price increases made within 60 days of the start of the journey are not permitted.
- Cancellation of the trip by SFT
2.1 Not withstanding to what is mentioned elsewhere, SFT reserves the right to cancel any trip prior to or during the trip for compelling reasons, in which case the payment in advance (indicated in the invoice / travel confirmation) will be paid back to the contracting party and SFT does not accept any claims, that may be related to such a cancellation, such as but not limited to loss of joy (of holiday), consequential and/or indirect (commercial) damages, loss of earnings and or profit, loss of market, loss of business, loss of customers, loss of opportunities, commercial losses or damages, loss of or damage to commercial image and or reputation. SFT is furthermore not liable for and does not accept any claims for any costs made by the contracting party, such as but not limited to other travel elements such as but not limited to flights, hotels, connecting programmes, (travel) insurance’s etc.
2.2 Not withstanding to what is mentioned elsewhere, SFT has the right in the case of force majeure (such as but not limited to war, uprising, natural disasters, abnormal / exceptional weather and ice conditions, legal stipulations of the local/regional authorities and other events and situations that are beyond the control of SFT or its partners) to cancel the trip. SFT may not be held liable for force majeure. If situations of force majeure occur before departure date and SFT should cancel the trip, payments made in advance will be paid back to the contracting party. If situations of force majeure occur during the trip, SFT will try to offer an alternative programme. If this is not possible, either OE or the contracting party is entitled to cancel the trip. In such a case, SFT may not be held financially liable. SFT is obliged to assist the contracting party in obtaining a return trip/flight. The contracting party him/herself is responsible for the costs of this.
- Exclusion and limitation of the liability of SFT
3.1 SFT acts as intermediary for the sale of travel elements between providers of accommodation / services (such as but not limited to a stay in a hotel, a
voyage with a ship, services of dive bases and providers of transport, including
helicopters), and the contracting party, and therefore the liability of SFT is excluded. In these cases the conditions of the relevant providers of accommodation / services and / or the stipulations of (inter)national law applies and SFT can not be held liable for events such as but not limited to complaints, claims, loss and damage of possessions/baggage, personal injury, death etc.
3.2 All travel elements booked with SFT, such as but not limited to a stay on board of a ship and/or excursions and/or programmes off ship (such as but not limited to walking, sightseeing, hiking, camping, mountaineering and/or excursions or programmes on or in the water, incl. kayaking, (scuba) diving, swimming, snorkelling, zodiac driving / cruising and flying activities including helicopter flights) are at 100 % the own risk of the contracting party. SFT is therefore not liable for any damage, such as but not limited to (bodily) injury, illness, death etc. whatever the reason or cause may be, including consequential and/or indirect (commercial) damages as set forth in par.
3.3 For programmes and/or trips for which this is explicitly indicated, the contracting party must sign a Liability Release Form (Waiver), and a health certificate signed by a doctor and enjoy generally sound health, according to the guidelines as mentioned in the publications of SFT and its partners, including the Personal Information Form, that has to be filled out by the contracting party and should be returned to SFT and its expedition partner. In any case, If the contracting party does not enjoy generally sound health, SFT and its partners have the right to offer the contracting party an alternative programme or to exclude her from (continuation of) the trip / travel elements. In the case of such an alternative programme or exclusion, SFT will not accept any claims (for restitution).
3.4 If SFT offers the contracting party an air travel component, all liability (such as but not limited to death, injury, delays, cancellations, refunds, loss and damage of baggage) of SFT is excluded, even if such an event is at the cost of other travel elements of the trip booked or if such an event would change, postpone, cancel the (nature/scope) of the trip and /or other travel elements) and for this travel component the conditions of the relevant airline and/or helicopter operator and – if applicable – international conventions apply.
3.5 SFT may not be held liable for loss, damage and robbery of travel documents,
baggage or other possessions.
3.6 Not withstanding to what is mentioned elsewhere, SFT shall accept no liability for damage for which there is a claim to compensation based on a travel and/or cancellations insurance (whether effected or not).
3.7 SFT may not be held liable for damage as a consequence of the travel contract not being correctly implemented, if the deficiency in the execution of the contract is
attributable to the contracting party.
3.8 The trips offered by SFT are mainly conducted in “marginal zones” and require the qualification of expedition trips to places where infrastructure and (medical) facilities are often lacking. On booking the trip, the contracting party fully understands that those trips can not be comparable with any other trip. If for any reason such as but not limited to weather conditions, sea currents, nautical reasons, ice-conditions etc., the decision is taken by SFT and its partners, to change the programme and/or the programme cannot be carried out according to the travel description and (certain) places described in the travel programme cannot be visited and/or the expedition partner deviates from the programme, if they have the opinion that such deviation will benefit the quality of the programme, or the trip has to be postponed or (partly) cancelled, SFT is not liable for any claims, such as but not limited to refunds, damages, non-fulfilled expectations etc. of the contracting party.
3.9 Notwithstanding to what is mentioned in 3.8, SFT has the right to delay or postpone the (remainder of the) trip with a maximum of 24 hours, for any reason in terms of a proper and / or safe execution of the trip, such as but not limited to ship operational matters including spare parts, documents, provisions, crew and staff related matters including flight arrivals. SFT accepts no claims such as but not limited to refunds. In the case of longer delays, the contracting party has the right to cancel the trip and SFT will refund the travel price booked proportionately, or in the case this longer delay occurs during the trip, the travel price will be paid back on a pro rata basis. Other travel elements such as, but not limited to, flights and hotels will not be refunded.
3.10 The contracting party – having booked a ship’s voyage – is free to use the services of the doctor and medical facilities, however neither the doctor nor SFT can be held liable for any claims arising out of such services and does not accept any claims.
3.11 Should SFT decide to carry out a medical evacuation during the trip and this may result in alteration or cancelation of the scheduled trip, SFT accepts no claims of any kind such as but not limited to refunds.
- Obligations of the contracting party
4.1 The contracting party is obliged to comply with all instructions given by SFT and its partners and the travel leadership in order to benefit the sound execution of the trip. The contracting party is 100 % liable for damage caused by any improper behaviour, such as but not limited to damage to the environment, damage towards fellow travellers or material, damage to the hotels, ships or resorts, to be judged according to the standards of behaviour of the model traveller. The contracting party must not commit any breach of any enactment or Law in the country, including regulations and guidelines such as but not limited to the Antarctic Treaty, International Association of Antarctica Tour Operators (IAATO) and Association of Arctic Expeditions Cruise Operators (AECO) and any breach or violation is solely the responsibility of the travel participant.
4.2 Apart from possible punishment by Law, any contracting party who commits a breach of any enactment, Law or guideline and / or causes such disturbance or who threatens to cause such disturbance, that the proper execution of (part of) a trip is seriously hindered or could result in danger for the contracting party and/or the fellow travellers including SFT and its partners and / or the environment, can by or on behalf of SFT (partners, trip leadership or the local representatives) be excluded from (continuation of) the trip (components). In the case of exclusion, the contracting party is not entitled to make any claim for restitution of (part of) the price.
4.3 If the disturbing behaviour and/or damage and/or breach/violation (as described in paragraphs 4.1 and 4.2) should occur, all costs resulting from this shall be charged to the contracting party.
4.4 The contracting party is obliged to inform the tour leadership of SFT or its partners of any negligence noted in the execution of the travel contract, which is noted by her at the location. This should be done as quickly as possible, in writing, or other appropriate form of communication, to the relevant tour leader/expedition leader of SFT and its partners or the captain of the vessel, who shall immediately do his utmost to find an appropriate solution.
4.5 If an immediate solution for the complaints cannot be found, the contracting party should present these complaints to SFT who will report the complaint to its partner and request help. In the case of complaints about travel elements SFT and its partners can decide to offer an alternative programme (e.g. hotel, cabin, excursion package) that is virtually identical to that in the originally booked trip (the originally booked travel component).
4.6 SFT and its partners (incl. the representatives, trip leadership, local agent) is entitled to reject the complaint in the case that the complaint does not seriously influence the character of the trip and/or the complaint results only in hindrance of minor significance, if exaggerated demands are made, if it is impossible to provide help to the contracting party within the set time limit, if the deficiency in the implementation of the contract is attributable to the contracting party him/herself, if the deficiency in the execution of the contract could not have been foreseen or could not be neutralised, or if the deficiency in the execution of the contract is attributable to situations of force majeure (that is those abnormal and unforeseeable circumstances that are independent of the will of whosoever claims it and of which the consequences, despite every precaution having been taken, could not have been avoided).
4.7 In the case that the complaint has not been satisfactorily dealt with during the trip, the contracting party should present these complaints at the very latest within one month of the termination of the trip (the last travel day). The complaint must be presented in writing.
4.8 In the case that the complaint has then not been satisfactorily settled or if proper satisfaction has been not given in this matter, the contracting party is entitled to present the dispute to the District Court of Middelburg in the Netherlands (which court shall have exclusive jurisdiction).
- Baggage / Travel documents and insurance
5.1 The contracting party must herself obtain the necessary information with regard to and must have in her possession on departure and during the trip the necessary travel documents, such as a valid passport and any required visa, Personal Information Form, proof of inoculations and vaccinations. In the case that the participant is unable to make (part of) a trip due to lack of such a travel document, SFT is not liable and may not be held (financially) responsible.
5.2 The contracting party must comply with the current import restrictions of the various destinations and the amount of baggage permitted (also as far as the stipulations of the different airlines are concerned). SFT may not be held liable for e.g. damage and prison sentences which could be imposed in the case of a contravention.
5.3 IT IS MANDATORY that the contracting party effects the necessary travel insurance, including a medical, accident and repatriation/evacuation insurance. SFT furthermore STRONGLY RECOMMENDS the contracting party to effect cancellation insurance. In case of a medical problem arising during the voyage, either on board or on shore, which results in costs for medical treatment, evacuation, use of aircraft or repatriation etc. etc. the responsibility for payment of these costs belongs solely to the passenger. IT IS MANDATORY for the contracting party to ensure that such eventualities are covered by travel insurance (incl. medical, accident and repatriation/evacuation insurance). In any case, If not covered by appropriate travel insurance the responsibility still remains with the passenger and SFT specifically declines any responsibility whatsoever.
- General
6.1 The laws of the Netherlands apply to the travel contract and all matters ensuing from this contract.