Terms and Conditions

Summary of Credit Terms from Court Settlement with Vantage Travel

In summary the offer approved by the courts is as follows: 

• All money or credits owed by Vantage Travel to passengers will be recognized in full as a credit
  
• All credits can be used multiple times until fully depleted on trips to depart before November 30, 2028
• Credits can be applied for up to 50% of the list price of the cruise component for any ocean-going voyages featured on the Vantage website
• Credits can be applied to up to 20% of the list price for river cruises and land trips featured on the Vantage website
• A $500 per person deposit + 20% of the credits is required to reserve the river cruises.
• Credits cannot be used for airfares, pre and post activities, or pre and post extention tours
• Credits are to be used for deposits and final payment, but additional final balances are due 90 days before departure
• All money received from credit passengers will remain in trust until the day of departure
• All passengers will be required to take out third party travel insurance and be deemed “fit to travel” which will be tailored to the remoteness of the voyage and activities offered
• Credits can be transferred to friends and family but cannot be sold or transferred to a business
  All trips must be booked directly via Vantage Travel and credits cannot be used for bookings via a travel agent
• Under no circumstances will a future credit holder be entitled to a cash refund
• Credits can only be used on full brochure prices and are not combinable with any other offers or discounts

General Terms and Conditions

Introduction

(a) Aurora Travel Pty Ltd (ACN 139 766 911) (“Aurora Expeditions”).

(b) For the purpose of these Terms & Conditions, each passenger who agrees to be bound by the Terms & Conditions will be referred to as “you” or “your”.

(c) Aurora Expeditions offers an adventurous style of travel that can be complex and costly to arrange. This includes travelling to remote places that can be subject to unpredictable, volatile conditions and other factors (often outside of our control), which require flexibility and can involve adjustments to schedules and itineraries at short notice. Aurora Expeditions will always use reasonable endeavours to operate in accordance with an expedition’s published itinerary, but we cannot guarantee them and they do not form part of your contract with us.

(d) Please carefully read and ensure you understand the following Terms & Conditions as they set out the basis upon which we accept all bookings. The following are important terms that you should be particularly aware of:

(i) Clause 1.1 (Price amendments)

(ii) Clauses 2.2 – 2.5 (Responsibility and Assumption of Risk)

(iii) Clause 5 (Booking Transfer or Cancellation by you)

(iv) Clauses 7 – 9 (Cancellations or variations by Aurora Expeditions)

(v) Clause 11 (Health Requirements)

(vi) Clause 12 (Mandatory Travel Insurance)

(vii) Clause 14 (Airfares, Ticketing and Ancillary Services)

(e) If you decide to travel with Aurora Expeditions and make payment for an expedition, you do so on the understanding that you have accepted these Terms & Conditions, including amendments to the Terms & Conditions that may be made by Aurora Expeditions from time to time and shared with you. You should check Aurora’s website for the most updated terms and conditions.

(f) In respect of any goods or services we may provide, certain statutory guarantees or warranties may apply for the benefit of consumers. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Terms & Conditions affects your rights under the consumer law of the jurisdiction in which you reside, which for Australia, would be the Australian Consumer Law (ACL). Under the ACL, where we fail to provide services to you in accordance with these consumer guarantees, you may have a right to seek a remedy, including a refund.

1 Price and Validity

1.1 Expedition costs are based on ground costs, fuel prices, ship charter rates and airfares (as applicable) at time of printing. While we try our utmost not to increase our prices, this is sometimes outside our control. On that basis, we reserve the right to amend our prices in the instance of increases in our costs to deliver the expedition such as but not limited to airfares, fuel costs, government taxes and charges, exchange rate fluctuations, ground costs and ship charter rates. Any increase in price must be paid by you before your departure.

However, if this means that you have to pay an increase of more than 15% of the total price of your expedition, you will have the option of accepting the price increase and paying the requested amount, or cancelling and receiving a full refund of monies paid to us. Should you

decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date on your new invoice.

1.2 In circumstances where these Term & Conditions stipulate that you may credit monies paid by you to Aurora Expeditions toward a future voyage:

(a) the credit may only be used toward the cost of your ticket and not toward any other goods or services offered by Aurora Expeditions; and

(b) the expedition the subject of the credit must depart within 24 months of the date of departure of the original expedition booked by you.

2 Responsibility and Assumption of Risk

2.1 Upon receipt by us of your booking form and once your Deposit (see clause 3.1) has been received, a binding contract between you and Aurora Expeditions is in place (“Contract”). These Terms & Conditions are an integral part of the Contract. If you list one or more other persons on the booking form, you agree that you will be personally responsible for all obligations ensuing from the Contract which concern you and the other persons booked.

2.2 Except to the extent that this waiver may be prohibited or restricted by the Competition & Consumer Act, Australian Consumer Law or other legislation that may exist from time to time in Australia, or in the event that Aurora Expeditions, its related bodies corporate, contractors, employees and agents, or any licensor or licensee, breached the law (including fraud), breached the contract, infringed third party rights (including property rights), was negligent or engaged in willful misconduct, you hereby release Aurora Expeditions, its related bodies corporate, contractors, employees and agents, and any licensor or licensee from all claims and actions that you have, or may have at any time in the future, against them or any of them for personal injury, death, property damage or any other loss, damage or expense that you may suffer as a result of your participation in any trip organised with or in conjunction with Aurora Expeditions.

2.3 You are aware that your adventure trip, in addition to the dangers and inherent risks that may arise in the normal course with any adventure trip, has certain additional dangers and risks, some of which may include: the consequences flowing directly and indirectly from an epidemic, physical exertion for which you may not be prepared, extreme weather conditions that are subject to sudden and unexpected changes, remoteness from normal medical services, and evacuation difficulties if you are disabled. By entering into the Contract, you agree:

(a) to accept all the inherent risks of the proposed adventure trip and the possibility of personal injury, death, property damage, or loss;

(b) to acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for your participation;

(c) that if you suffer injury or illness, Aurora Expeditions can, at your cost, arrange medical treatment and emergency evacuation service, as Aurora Expeditions deems appropriate for your well-being; and

(d) the acceptance of such risk extends both to on-board presence and activities as well as off-board.

2.4 Notwithstanding any other provisions of the Contract that may exist, you release Aurora Expeditions from any and all liability to you or anyone claiming through or under you by way of subrogation or otherwise, including by your insurer, for any loss or damage for which you are entitled to receive compensation under a travel and/or cancellations insurance policy.

2.5 Subject to clause 2.2, Aurora Expeditions will not be responsible or liable for loss, damage or robbery of travel documents, baggage or other possessions

2.6 In entering into the Contract, you are not relying on oral representations or statements by Aurora Expeditions or its staff or other agent or representative to enter into the Contract. In deciding to book an expedition with Aurora Expeditions, you should make your own enquiries as to the suitability of the expedition and all aspects of it and satisfy yourself, based upon those enquiries, that it is an expedition that you wish to undertake.

2.7 You confirm that you are over the age of 18 years and that you have read and understood these Terms & Conditions as they appear on Aurora Expedition’s website from time to time and agree that the Contract will be binding upon your heirs, next of kin, executors, administrators and successors.

3 Booking Confirmation and Payment Terms

3.1 In order to confirm your booking, you are required to complete a booking form and make a deposit payment of $2,500 per person (in the booking currency) within 7 working days of booking (“Deposit”) for the Ocean products, and $500 per person (in the booking currency) within 48 hours of booking (“Deposit”) for the River products. For the avoidance of doubt, no booking can be confirmed until such time as the booking form and the Deposit are received by Aurora Expeditions.

3.2 In order to confirm your participation on an activity (for example, kayaking, diving, snowshoeing), a deposit of $250 (in the booking currency) per person per activity is required. The activity deposit is in addition to the Deposit required to confirm your place on the expedition, and the deposit for the activity is only refundable if the activity is cancelled due to minimum numbers not being reached or the activity is cancelled by a third party.

3.3 In the event that Aurora Expeditions cancels an activity or trek due to minimum numbers not being met, or the activity or trek is cancelled by a third party, Aurora Expeditions will refund in full any payments made by you for that activity or trek unless you inform us that you wish for the amount to be credited towards the final balance of your expedition.

3.4 Final payment is due at least 90 days for the Ocean products and 120 days for the River products (or as otherwise stated by us in writing) prior to the departure date of the expedition (or the amended departure date of the expedition pursuant to clauses 8 or 9) and an invoice will be sent to you for this purpose.

3.5 Credit card payments are accepted. Merchant fees and bank surcharges may apply.

4 Child Policy

4.1 Bookings are open to people 8 years of age and over. Passengers under 18 years of age must be accompanied at all times by an adult throughout the expedition and cannot be left unsupervised at any time including during paid additional activities. A child remains the sole responsibility of the adult at all times.

4.2 Children between 8-17 years of age must pay the adult price of the expedition.

5 Booking Transfer or Cancellation by you

5.1 If you wish to cancel your expedition, we ask that you notify your Travel Agent or our expedition sales team immediately in writing. Cancellation will take effect upon receipt by Aurora Expeditions of your written notice.

5.2 If the cancellation is made more than 90 days prior to the expedition departure date, you will forfeit your Deposit paid by you to Aurora Expeditions. If cancellation is made less than 90 days prior to the expedition departure date, you will be liable to pay the full price of the expedition within 7 days of providing your notice of cancellation to Aurora Expeditions.

However, in either situation, Aurora Expeditions will consider any request by you to transfer the Deposit paid towards a deposit to a subsequent expedition. Whether or not Aurora Expeditions agrees to any such request will depend upon applicable circumstances, including availability and other factors. The decision as to whether or not to agree will be made by Aurora Expeditions at its absolute discretion. If Aurora Expeditions shall agree to such a request, you will be liable to pay a fee of $500 per passenger (in the currency of your expedition) to cover administrative and associated costs and you will also be liable to pay any additional price for the subsequent expedition. The transfer of the Deposit is only valid on expeditions that depart within 24 months from the date of the original proposed departure date. Only one transfer of deposit to another expedition is permitted.

5.3 River Cruises Cancelation Policy

a. Up to 120 days prior to the commencement of the tour: 10% of the full booking amount;

b. From the 119th to the 90th day prior to the commencement of the tour: 20% of the full booking amount;

c. from the 89th to the 30th day prior to the commencement of the tour: 40% of the full booking amount;

d. from the 29th to the 15th day prior to the commencement of the tour: 60% of the full booking amount;

e. from the 14th to the 1st day prior to the commencement of the tour: 80% of the full booking amount;

f. Cancellation, or failure to set out, on the date of the commencement of the tour: 90% of the full booking amount.

6 Special Requests or Requirements

6.1 Aurora Expeditions will use all reasonable endeavors to accommodate special requests from you, including special dietary requirements, but they cannot be guaranteed. You should advise Aurora Expeditions as soon as possible after booking of any such special requests or requirements, such that Aurora Expeditions can try and accommodate them. Likewise, you should notify us, as soon after booking as possible, of any special events.

6.2 Aurora Expeditions will use all reasonable endeavors to ensure that any cabin and cabin number selected by you will be made available to you during the course of the expedition. However, due to a variety of circumstances, it is not always possible to achieve that. In the event that that cannot be achieved, Aurora Expeditions will use all reasonable endeavors to make available to you another cabin that is as similar to the cabin selected by you as circumstances permit. The exception to this applies to passengers booked in the Captain’s Suites.

7 Cancellation by Aurora Expeditions – other than due to weather

7.1 Despite any other term in the Contract, Aurora Expeditions reserves the right to cancel any expedition prior to departure in which case any payment made by you will be refunded in full (subject to the express provisions below in relation to “Fly & Sail” and “Fly/Fly” voyages) and you will not be entitled to make any further claims related to such a cancellation, including but not limited to compensation or damages, for any loss, consequential or indirect damage, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment which may result from such cancellation

7.2 Aurora Expeditions reserves the right to cancel an expedition, trek, or activity if the minimum number of participants is not reached. We will endeavor to make, as soon as practically possible, any decision to cancel an expedition, trek or activity, and we will notify you of that decision, as soon as we practically can. We will endeavor to identify for you another expedition, trek or activity similar to the one that is cancelled. If one is not available, you will be refunded in full any payment already received from you.

7.3 Aurora Expeditions reserves the right to not operate or cancel an activity or trek in the event of a cancellation by a third party. In accordance with clause 3.3, you will be refunded in full any payment already received from you.

8 Cancellation or variation due to weather

8.1 It may be necessary for Aurora Expeditions to cancel or vary an expedition as a result of adverse weather or ocean conditions. Aurora Expeditions will endeavor to ensure that any expedition takes place as close as reasonably practicable to the published expedition’s schedules and itineraries but, at times, this may not be possible due to weather events beyond its control.

8.2 If Aurora Expeditions forms the reasonable view that weather or ocean conditions may render an expedition unsafe, unable to be completed or provided substantially as planned or would pose a material risk to passengers, staff, crew, vessels or equipment, Aurora Expeditions may cancel any expedition.

8.3 Subject to clauses 8.6 – 8.16, if Aurora Expeditions cancels an expedition under clause 8.2, you will be entitled to a credit to the value of the full price you have paid Aurora Expeditions for your voyage (including any Deposit), which can be used towards a future expedition in accordance with clause 1.2. Aurora Expeditions will not otherwise be liable for any compensation or damages, for any loss, consequential or indirect damages, expenses (including but not limited to international airfares, domestic airfares, accommodation, any additional services purchased, or change fees impacted by or as a result of the delay or cancellation), loss of time or inconvenience, loss of opportunity, loss of enjoyment or distress and disappointment, except as required by applicable laws.

8.4 If Aurora forms the reasonable view that weather or ocean conditions may render the expedition unsafe, unable to be completed or provided substantially as planned, would pose a material risk to passengers, staff, crew, vessels or equipment, or that it is possible to make changes to avoid bad conditions or experience more favorable conditions, Aurora Expeditions may vary any aspect of the expedition itinerary with little or no advance notice. This may include changing any planned ‘fly’ leg of a voyage to a ‘sail’ leg (including during the 96 hour period specified in clauses 8.12, 8.13 and 8.16 below), cancelling landings, changing voyages paths to attempt to take advantage of good conditions or avoid bad conditions or not visiting some planned destinations, delaying the commencement of expeditions for limited periods or ending expeditions earlier or later than planned.

8.5 In the event of a variation under clause 8.4, Aurora Expeditions will not be liable for any compensation or damages, for any loss, consequential or indirect damages, expenses (including but not limited to international airfares, domestic airfares, accommodation, any additional services purchased, or change fees impacted by or as a result of the delay or cancellation), loss of time or inconvenience, loss of itinerary days, loss of opportunity, loss of enjoyment or distress and disappointment, except as required by applicable laws.

8.6 Any booking for a “Fly/Sail”, “Fly/Fly” or “Sail/Fly” voyage is subject to the following specific Terms & Conditions.

8.7 A “Fly/Sail” voyage involves flying from Punta Arenas, Chile to King George Island, and then a voyage by ship from King George Island to specified destinations within Antarctica and from Antarctica, by ship to Ushuaia, Argentina.

8.8 A “Fly/Fly” voyage involves flying from Punta Arenas, Chile to King George Island, and then a voyage by ship from King George Island to specified destinations within Antarctica and then back by ship to King George Island and then flying from King George Island back to Punta Arenas, Chile.

8.9 A “Sail/Fly” voyage involves a voyage by ship from Ushuaia, Argentina to specified destinations within Antarctica and then by ship from Antarctica to King George Island and then flying from King George Island to Punta Arenas, Chile.

8.10 Any “Fly/Sail”, “Fly/Fly” or “Sail/Fly” voyage is deemed to commence at the starting point of the expedition as booked.

8.11 You acknowledge that the charter flights involved in “Fly/Sail”, “Fly/Fly” or “Sail/Fly” voyages are inherently sensitive to weather conditions and that such conditions, and the ability of charter flights to fly as scheduled, is beyond Aurora Expedition’s control. Subject to clauses 8.12 – 8.16, clauses 8.1 – 8.5 apply in respect of charter flights.

8.12 If a charter flight from any starting point to the point of embarkation for a ship voyage is delayed due to adverse weather conditions, Aurora Expeditions will attempt, for a period of up to 96 hours from the proposed departure time of the charter flight, to arrange a later charter flight. We will attempt to do so at no extra charge to you, but if an additional charge does apply, you

will be liable to pay that additional charge. At any stage in this 96 hour period Aurora Expeditions may vary the voyage in accordance with clause 8.4.

8.13 If it is not reasonably practicable for a later charter flight to be arranged for you, within 96 hours from the proposed departure time of the charter flight, your expedition will be deemed cancelled.

8.14 If your expedition is deemed cancelled under clause 8.13 or otherwise cancelled due to weather conditions affecting your charter flight, Aurora Expeditions will provide you with a credit, to the value of the full price you have paid Aurora Expeditions for your voyage (including the Deposit), which can be used towards a future voyage in accordance with clause 1.2. This clause 8 will otherwise apply. You will not be entitled to any refund of any amounts paid by you.

8.15 In the event that a charter flight is delayed, the Expedition Leader or another representative of Aurora Expeditions will provide updates to you, as they may be known, and will endeavor to provide information to make your stay as enjoyable as possible pending the ability of a charter flight to fly.

8.16 If a charter flight from King George Island to Punta Arenas, Chile is delayed, passengers already in Antarctica will remain on board the ship until the flight to Punta Arenas is authorized to depart. If it is not possible, due to weather conditions, for the flight to depart within 96 hours from intended departure time, the ship will transport you from King George Island to Puerto Williams or Ushuaia for disembarkation. Full board on the ship is included. This clause 8 will otherwise apply.

9 Variation of Itinerary

9.1 Aurora Expeditions will endeavor to ensure that any expedition takes place as close as reasonably practicable to the published expedition’s schedules and itineraries. However, due to circumstances outside of our control, other than weather or ocean conditions (clause 8), including (non exhaustive) the direct or indirect consequence of a force majeure event (clause 10), safety, maritime law, compliance with government or official orders, guest emergencies, providing assistance to other vessels or unexpected mechanical or technical problems, Aurora Expeditions may need to vary any aspect of the expedition itinerary, including omitting any port(s), calling at additional port(s) or substituting another ship or port, with little or no advance notice. Normally, changes in the itinerary are to protect your interest and safety.

9.2 Aurora Expeditions does not guarantee its expedition itineraries and they do not form part of your contract with Aurora Expeditions.

9.3 Where it is necessary to vary an itinerary due to circumstances outside of our control other than under clause 8, Aurora Expeditions will attempt to offer a revised itinerary as close as reasonably practicable to the published itinerary. Subject to clauses 9.4 – 9.6 with respect to revised dates of departure, you will have no right to a refund in connection with the revised itinerary and Aurora Expeditions will have no obligation to you or be liable for any compensation or damages, for any loss, consequential or indirect damages, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment in respect of such changes, except as required by applicable laws.

9.4 In circumstances where Aurora Expeditions varies the date of departure of the expedition due to circumstances outside of our control, other than under clause 8, the amended date of departure will be advised to you in writing by Aurora Expeditions and may be at any time within 18 months of the original departure date.

9.5 Where an expedition departure date is varied by Aurora Expeditions pursuant to clause 9.4, you may:

(a) accept the terms of the amended departure date advised to you pursuant to clause 9.4;

(b) elect by written notice to Aurora Expeditions to assign the benefit of the amended expedition itinerary advised to you pursuant to clause 9.4 to any of your family members; or

(c) credit the value of all payments made by you to Aurora Expeditions toward the value of a future expedition in accordance with clause 1.2; or

9.6 Should:

(a) you or a family member not wish to participate in the expedition on the revised date as advised to you by Aurora Expeditions pursuant to clause 9.4; or

(b) you not wish to assume the benefit of a credit for a future voyage pursuant to clause 9.5(c),

you may cancel your expedition in accordance with clause 5.

Aurora Expeditions will not otherwise be liable for compensation or damages, for any loss, consequential or indirect damage, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment which may result from such variation, unless otherwise required by applicable laws.

9.7 To minimize the effects of tourism on the pristine environments in Antarctica and the Arctic, IAATO & AECO restrict shore landings to a maximum of 100 people at any given time. In the event that more than 100 expeditioners wish to go ashore at any given time, Aurora Expeditions reserves the right to manage landings in accordance with regulations established by governing authorities.

10 Force Majeure

10.1 Aurora Expeditions will not be responsible for the performance of the Contract if prevented or delayed by acts of God, epidemic (together with events naturally arising from an epidemic), government action, strikes, or other industrial relations matters, accidents, weather, traffic, airport conditions, lack of performance by third party suppliers, or other causes beyond their control (Force Majeure event).

10.2 In circumstances of a Force Majeure event as defined in clause 10.1, Aurora Expeditions may, at its absolute discretion:

(a) cancel the expedition in accordance with clauses 7 or 8;

(b) vary the expedition itinerary in accordance with clauses 8 or 9; or

(c) take any other action that Aurora Expeditions deems reasonably necessary to minimize the risk to passengers, staff, crew, vessels and equipment, and provide the expedition in the manner Aurora Expeditions deems appropriate in the circumstances.