Terms and conditions
These terms and conditions govern all bookings that you make with Ice Tracks Limited a limited company incorporated in England and Wales with registration number 08485753 registered at Valley Farm Studios, Radway, Warwickshire, CV35 0UJ (“we”/ “our”/ “us”).
If you book an air holiday package (“Package Expedition”) with us your contract will be with us subject to these Terms and Conditions and the terms and conditions of any cruise/ accommodation/flight/or other travel supplier (“Supplier”) that we use. If we are acting as your booking agent for an individual travel service from one of our Suppliers then your contract will be directly with the Supplier subject to their terms and conditions. Details of any Supplier used will be notified on your booking invoice and copies of their terms and conditions are available on request.
No contract will come into existence between you and us until we receive your deposit or full payment in cleared funds and we accept your booking. We reserve the right to refuse any booking at our sole discretion.
When you make a booking, you confirm that you have the authority to accept and do accept these Terms and Conditions and if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making the booking.
It is your responsibility to ensure that all of the details on your travel documents (including those of any of your party members) are correct and to bring to our attention any errors or discrepancies immediately. We reserve the right to charge you for amending any errors.
To make your booking the following payments are required:
?1,500 per person for all expedition cruises voyages.
Full payment of all flights will be required in order to secure availability and price.
20% per person on all Package Expeditions and land arrangements except in cases where the Supplier requests a higher deposit or a full payment in order to secure the booking.
All deposits must be received with a booking form and are non-refundable. Payment of a deposit enables us to hold a booking for you but it does not guarantee the price. We will advise you of the date that full payment is required.
All final payments are due 14 weeks prior to departure, if not received on time we reserve the right to cancel your trip.
In view of the fact that our brochures and website are prepared some time in advance, the advertised details and price may change. In these circumstances we will notify you of such changes prior to confirmation of your booking. After full payment, if we are your booking agent, the conditions of the contract with the Supplier may permit them to increase the cost of your arrangements. We will pass on any such increase to you.
If you have booked a Package Expedition we guarantee that up until 4 weeks before your departure date the price of your holiday will not be subject to surcharges except for variations in transportation costs, including the cost of fuel; variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and a variation in the exchange rate.
Passport and visa fees, excess baggage charges, airport taxes, travel insurance, all gratuities, extra meals, and items of a personal nature such as laundry, drinks, medical expenses, optional activities and tours, and national parks entrance fees are not included in your price if they are not specified on your itinerary or invoice.
Ice Tracks Ltd. holds ATOL license #10791, issued by the Civil Aviation Authority (CAA). ATOL – which is short for ‘Air Travel Organisers Licensing’ – exists to protect you, the customer, from losing money or being stranded abroad because of the failure of air travel firms. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking.
Not all holiday or travel services offered and sold by Ice Tracks Ltd. will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking. For further information you can also visit the ATOL website at www.atol.org.uk
When you buy an ATOL protected air holiday package from Ice Tracks Ltd. you will receive an invoice from us confirming your arrangements and an ATOL certificate listing what services are financially protected under our Air Travel Organiser’s Licence number 10791.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or an alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
It is your responsibility to advise us of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of your trip and the enjoyment of other passengers. You are required to provide an assessment of your medical condition from a qualified medical practitioner. We reserve the right, at our reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. We also reserve the right to cancel your participation in a Package Expedition and / or voyage at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other passengers. If you are under the age of 18 years you must inquire before placing a booking with us and you must intend to travel with a parent or legal guardian. It is in our absolute discretion whether to allow you to travel on one of our Package Expeditions and/ or voyages if you are less than 18 years of age.
It is a condition that you must have adequate and valid travel insurance for your booking. Your travel insurance must cover accidents, injury, illness and death, medical expenses, including any related to pre-existing medical conditions, emergency and medical evacuation from remote areas, repatriation (including helicopter), cancellation, delay and personal liability. We also recommend that it covers curtailment and loss of luggage and personal effects. Proof of travel and medical insurance must be sent to us 4 weeks prior your departure. You must carry proof of insurance with you and produce it if reasonably requested by us or by a Supplier.
We reserve the right to cancel or suspend your booking at anytime, including after the commencement of your trip with no right of refund, if you are unable to provide proof of insurance when requested.
Passports and Visas
It is your sole responsibility to obtain and carry correct visas, passports and other travel documents. Passports should be valid for at least 6 months beyond the date of your return and hold sufficient pages for any visas, entry and exit stamps.
Visa and health requirements frequently change and it is advisable to recheck all requirements, close to your departure. It is your responsibility to ensure that you satisfy all applicable requirements in respect of passport, visa and health matters. We cannot be held liable if you fail to ensure this.
Travel Advisories / Warnings
It is your responsibility to be informed about the most current travel advisories and warnings by referring to your government website or other related documentation. It is entirely your decision to travel.
Any special requests such as adjacent rooms/cabins, allergies, special dietary needs, special assistance whilst travelling, etc. should be advised at the time of booking. Please note that while special requests cannot always be guaranteed, every effort will be made to secure them.
Your Assumption of Risk
We operate Package Expeditions and our Supplier’s voyages operate in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home.
By booking with us, you acknowledge and accept that we and our Supplier’s operate their services in remote regions of the world involves inherent risks.
Limitation of Liability
We have taken all reasonable care to make sure that all our Supplier’s are efficient and reputable businesses. The Suppliers should follow the local and national laws and regulations of the country where they are provided. However, please be aware that overseas safety standards may be lower than in your country of residence.
We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we, even with all due care, could not foresee or forestall.
Our liability will also be limited as permitted by law in accordance with and/or in an identical manner to:
I. The contractual terms of the Supplier. These terms are incorporated into this contract;
II. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the international conventions from us.
If we make any payment to your or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make.
Cancellation and Changes by Us
We reserve the right to cancel your booking. If we have to cancel your booking you can either have a refund or accept replacement travel arrangements from us of equivalent or closely similar standard and price. Any compensation made for a significant change to your booking, will be made within our discretion.
Important note - changes beyond our control
Compensation will not apply and we will not be held responsible if a significant change is made for reasons beyond our control. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar event.
If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave your country of residence, we will contact you by telephone and/or by email to advise you of this. Please ensure that you have given us your correct contact details and that you regularly check for messages before you leave. We have no control over airline schedule changes and we accept no liability for costs that may arise as a result of such changes. After you have left your country of residence, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
Cancellation and Changes by You
If you wish to change any item – other than increasing the number of persons in your party – and providing we can accommodate the change, you may have to pay a fee per person that will be notified at the time of change.
If withdrawal or cancellation is due to events which are the fault or wilful decision of you, we shall be entitled to retain as much payment as is needed to cover our reasonable costs and losses caused by withdrawal. We shall take all reasonable steps to keep our costs and losses to a minimum.
Airline tickets are paid for in full at the time of booking and in case of cancellation or changes, unless otherwise stated, they are non-refundable, non-changeable and non-re-routable.
Numerous Suppliers, due the nature of their operations, insist on upfront deposits at the time of booking to secure availability. These deposits are often non-negotiable and are non-refundable if a booking is cancelled
Some hotels have restrictive cancellation conditions especially during high season and we will to pass these charges on to you where relevant.
If the cancellation is not for the entire booking (e.g. just one party member) those cancelling may be liable for any single occupancy costs applied to the other members of the original booking.
You must have suitable travel insurance cover in order to provide cover for these charges in the event of cancellation or delay.
Authority of the Leader
The decisions of us or our Supplier or representative will be final on all matters likely to affect your safety and well-being. This includes any decision that we and/ or the Supplier makes about your on-going participation or certain activities that comprise part of your travel arrangements. If you fail to comply with a decision made by us or the Supplier that interferes with the well-being of the group, then we reserve the right to terminate this contract and order you to leave the Package Expedition immediately, with no right of refund.
If we cannot remedy your problem during your trip you should contact our UK office within 28 days of returning home. In the event that you do not tell us within that period this may affect our ability to investigate your complaint and may impact on the way that your complaint is dealt with.
Privacy and Confidentiality
You agree that we or the Supplier may use images of you taken during your trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
In order to be able to supply a service to you we will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our Suppliers to enable the services to be provided, but will not be used by them for any other purpose.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute between us and you relating to this agreement shall fall within the exclusive jurisdiction of the courts of England and Wales.