THE LAST DEGREE
-One week on skis from 89°N To the North Pole
Standard Conditions
Please note that the following conditions form part of your agreement with Børge Ousland when you apply to join the expedition. So please read through them before booking.
1. CONCLUSION OF CONTRACT
Agreement between the parties shall be deemed to have been concluded upon receipt of the customer's deposit for the actual trip. This payment shall be made with the application or on an agreed date due. Where payment is not made by the date due, Ousland shall not be bound by the contract.
2. WHAT IS INCLUDED IN THE CONTRACT
The contract covers the trips as described in the brochure or on the website www.ousland.com/www.ousland.no and the standard conditions. Ousland reserves the right to make alterations in the program, provided the customer is informed of these.
3. PRICE CHANGES
Ousland retains the right to adjust prices in the event of fluctuations in government taxes and/or transport costs and/or the relevant currencies. Any price alterations shall be announced no later than 20 days prior to departure. Where price increases exceed 10% the customer shall have the right to terminate the agreement at no cost to him/herself. The customer shall have a minimum of 3 days to terminate the agreement after notice of such a price increase.
4. PAYMENT TERMS
This expedition requires long-term planning. Aircraft fuel, the making of runway and camp on drifting ice, food, equipment etc. must be paid for in advance. For this reason, the following terms of payment have been stipulated:
The deposit, to be paid on application.
The balance, to be paid 60 days before departure.
If application to join the trip is made less than 60 days before departure, the full sum shall be due with the application.
5. THE CUSTOMER'S RIGHT TO CANCEL OR ASSIGN THE TOUR
5.1 Cancellation due to force majeure
The customer shall have the right to cancel the tour and get a refund of monies paid, if at the destination or in its immediate vicinity acts of war, natural catastrophes, dangerous communicable disease or other occurrences comparable with these have taken place within 14 days of departure, and there are reasonable grounds for assuming that such states shall also obtain during the period of the tour. The same applies if comparable problems arise on or along the tour route, and that these pose a material risk to the customer. The right to cancel shall not apply if the customer knew or should have known of such circumstances when he/she entered the tour purchase agreement.
5.2 Cancellation charges
If cancellation is made no later than 120 days prior to departure any deposit shall be refunded minus a 10% administration charge. If cancellation is made between 119 and 61 days prior to departure, 50% of the deposit shall be refunded. If the tour is cancelled from 60 to 21 days prior to departure, 50% of the full cost of the tour shall be refunded. Cancellation less than 20 days prior to departure or failure to meet up for departure shall not attract any refund.
5.3 Cancellation protection
We recommend that insurance is taken out against the cancellation costs of this agreement. All insurances shall be paid for by the customer.
5.4 Travel and accident insurance
Everyone have to take out extended travel insurance to cover the entire trip, especially medical evacuation if an injury should occur. Please note that travel insurance does not normally cover the regions we shall visit. Participants are responsible for ensuring they have adequate travel insurance.
5.5 Assignation of tour
The customer shall have the right to assign the tour to a third party who fulfils the criteria for participation. The conditions are that Ousland has been informed in good time, and that Ousland is not restricted by regulations, i.e. Russian visa requirements (if the trip is made from Sibera), or that an airline will not accept alterations to air tickets.
6. RIGHT TO CANCEL OR ALTER THE TOUR
6.1 Too few participants
Ousland retains the right to cancel the tour prior to departure if there are fewer than 4 paying customers. Even if there is not the necessary number of participants in relation to the programme, Ousland will still attempt to run the tour. In this case, the tour may be combined with others, or the price may be increased. Such changes shall be made in consultation with the participants. If it proves impossible to run the tour due to a lack of demand, all monies paid shall be refunded.
6.2 Force majeure, circumstances beyond the operator's control
Ousland reserves the right to cancel the tour without liability for compensation if the tour cannot be completed because of circumstances beyond Ousland's control, circumstances which he could not reasonably have been expected to foresee when the agreement was entered into, and the consequences of which Ousland could not avoid or prevent. In such cases, Ousland will refund all monies for the actual trip except those which are impossible to refund, such as used aircraft fuel, hire of aircraft, travel and accommodation, expenses incurred since the start of the journey, goods already used and paid for.
Likewise, Ousland will not be liable for compensation if the circumstances mentioned above affect the quality of the trip.
7. DEFECTS AND CLAIMS
Should the customer wish to make a claim for defects, he/she undertakes to inform Ousland within a reasonable period. Where the defect is discovered after the start of the tour, the customer shall as far as is practicable make a claim on the spot. Notwithstanding, the complaint must reach Ousland no later than 4 weeks after the end of the tour, unless special circumstances justify an extension of the time limit.
8. DISPUTE RESOLUTION
All disputes shall be tried under Norwegian law. The place of jurisdiction shall be Oslo .
9 SIGNING WAIVER
It is important to emphasise that this trip cannot be compared with normal organised travel, and that special conditions apply. It is also important to make clear that accidents and injuries can occur and that all parties join at their own risk, and participate in the full knowledge of these facts. All participants must sign a waiver stating that they fully understand this and that they participate on this trip at their own risk.
10. USE OF PHOTOGRAPHS
Ousland reserves the right to advertise his tours on the Internet and in the media. This will often include photographs and videos of participants whose first names may be mentioned. Participants that do not wish to have their photo or name used this way, should inform about this beforehand.
11. AND LASTLY
You also have a responsibility to follow the instructions and directions given you by the expedition leaders during the trip. You must refrain from behaving in such a manner as to cause embarrassment to your fellow travellers. If you grossly neglect your responsibilities, you may not be allowed to participate in, or be barred from, the remainder of the tour and lose any right to refund from the tour operator. If you are barred after the start of the tour, you may be charged the cost of your return journey, which could be renting a plane to bring you out of the ice. You may become liable to claims for compensation if you wilfully or negligently cause the operator loss by, for instance, not abiding by the above mentioned provisions.
You are personally responsible for the insurances you require (travel, cancellation, accident, medical insurance etc.). You undertake to keep abreast of departure times and comply with instructions that the operator, carrier, airport etc. may give with regard to these. If you fail to obtain a valid insurance or if the insurance for some reason do not cover, the operator cannot assume responsibility for any injury or illness you may suffer during the journey, however caused.
|
