Terms and Conditions
Please carefully read and ensure you understand the following terms and conditions. You must not make any booking unless you understand and agree with the following terms and conditions.
By your signature(s) as set out on the booking form you also acknowledge and confirm the following:
1. Price and Validity
1.1 Expedition costs are based on ground costs, fuel prices, ship charter rates and airfares at time of printing. While we try our utmost not to increase our prices, this is sometimes outside our control. We reserve the right to amend our prices. Amendments should occur only in the event of significant surface increases and/or marked fluctuations in the US$ exchange rate upon which the land content is based or large fluctuations in fuel costs. Any increase in price must be paid by you before your departure.
1.2 A reference to ‘$’ in these terms and conditions is a reference to the currency as per your Aurora Expeditions invoice.
2. Responsibility and Assumption of Risk
2.1 These terms and conditions will form a binding contract between you, the passenger, and Aurora Travel Pty Ltd for the expedition upon payment of the required deposit (see clause 3.1) (‘Agreement’). 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 this Agreement which concern you and the other persons booked.
2.2 Except to the extent that this waiver may be prohibited or restricted by the Trade Practices Act 1974 (Cth), the Australian Consumer Law or other legislation that may exist from time to time in Australia, you hereby release Aurora Expeditions, its employees and agents and any licensor or licensee of it from all claims and actions that you have or may have at any time in the future against them or any of them, howsoever arising, 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 usual dangers and risks inherent, has certain additional dangers and risks, some of which may include: physical exertion for which you may not be prepared, weather extremes subject to sudden and unexpected change, remoteness from normal medical services, evacuation difficulties if you are disabled. You accept all the inherent risks of the proposed adventure trip and the possibility of personal injury, death, property damage or loss resulting therefrom. You 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. You agree that if you suffer injury or illness Aurora Expeditions can, at your cost, arrange medical treatment and emergency evacuation service, as Aurora Expeditions deems essential for your safety.
2.4 Notwithstanding anything else in this Agreement, 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 in respect of which you are entitled to receive compensation under a travel and/or cancellations insurance policy.
2.5 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 this Agreement, you are not relying on any oral, written or visual representatives or statements by Aurora Expeditions or its staff or any other inducement or coercion to go on the adventure trip, hence, only of your own free will.
2.7 You confirm that you are over the age of 18 years and that you have read and understand the terms and conditions of this Agreement prior to signing it and agree that this Agreement will be binding upon your heirs, next of kin, executors, administrators and successors.
2.8 You agree that this Agreement shall be governed in all respects by and interpreted in accordance with the laws of New South Wales, AUSTRALIA.
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 as specified on the invoice that will be generated upon your booking request. This deposit payment is non-refundable (unless otherwise stated in this Agreement).
3.2 Final payment is due 90 days (or as stated by us) prior to the departure date of the expedition and an invoice will be generated for this purpose. If you fail to make the required payment on time, we may assume your booking is cancelled and apply clause 4.3.
4. Cancellation by you
4.1 If it becomes necessary to cancel your expedition, we ask that you notify your Travel Agent or our Sales Team immediately in writing. Cancellation will take effect upon receipt by Aurora Expeditions of your written notice.
4.2 If the cancellation is made before 90 days of the expedition departure date, you will forfeit the deposit and you will be subject to a cancellation fee of $2,500. This fee may be reduced to $500 if you transfer your booking towards a different expedition. Transfers are subject to availability and are only valid on expeditions that depart within 12 months from date of transfer and you are permitted one transfer only. Funds will not be held in suspense and new booking must be advised at time of requested transfer. You must pay the difference between the original booked price and the price of any transferred booking including the new deposit amount.
4.3 If the cancellation is made less than or equal to 90 days prior to the expedition departure date, you will be required to pay the full cost of the expedition.
4.4 Aurora Expeditions strongly recommends that all expedition guests purchase a travel insurance policy including trip delay, cancellation and interruption insurance (see also clause 2.4).
5. Cancellation by Aurora Expeditions
5.1 Notwithstanding anything else in this Agreement, Aurora Expeditions reserves the right to cancel any tour prior to departure in which case any payment made by you will be refunded in full 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.
5.2 Aurora Expeditions reserves the right to cancel an expedition or activity if the minimum number of participants is not reached. We will endeavour to make any decision to cancel an expedition or activity, and to notify you of that decision, at least 60 days prior to the expedition departure date. If another departure is not suitable, you will be refunded in full any payment already received from you.
5.3 This clause 5.3 applies to Aurora Expeditions’ ‘Fly & Sail’ voyage options. You acknowledge that weather conditions may delay or require a cancellation of a Fly & Sail itinerary. Aurora Expeditions will make every effort to ensure the voyage takes place, however due to weather conditions, flying in some regions can be difficult and beyond the control of Aurora Expeditions. If a voyage’s charter flight has been delayed due to weather conditions, Aurora Expeditions reserves the right to extend the voyage’s charter flight for up to 36 hours from the scheduled departure time. If the voyage’s charter flight is not able to take off within 36 hours of the scheduled departure time, the voyage will be cancelled and Aurora Expeditions will offer a full refund on the voyage. In the event that the flight is scheduled on the final days of the voyage and weather conditions cause a delay, Aurora Expeditions will reschedule the flight on the first available flight. No refund will be provided to you if the flight is successfully completed regardless of which day it was executed up to 72 hours post the originally scheduled flight. Aurora Expeditions will not be liable for and does not accept any claims for any costs made by you including but not limited to international airfares, domestic airfares, accommodation, travel insurances, any additional services purchased or change fees impacted by or as a result of the delay or cancellation of a Fly & Sail voyage. Aurora Expeditions will provide a trip interruption letter to be submitted by the passenger to their insurance company for the airfare, change fees, and other expenses incurred due to the trip interruption.
5.4 Aurora Expeditions strongly recommends that all expedition guests purchase a travel insurance policy including trip delay, cancellation and interruption insurance (see also clause 2.4).
6. Delay or Change of Itinerary
6.1 Aurora Expeditions may for any reason change the date of departure or conclusion of the tour, the scheduled point of departure for the tour, omit or change any scheduled stop on the tour or change the scheduled place of conclusion for the tour whether before or after the tour has departed, including as a result of force majeure or weather conditions without prior notice to you. You will have no right to any refund 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. Such changes may not be used by you as a reason for cancelling the trip or to put forward a claim of any kind to Aurora Expeditions.
6.2 At the time of reservation, a guaranteed cabin category will be confirmed, however the specific cabin number itself will be assigned at Aurora Expeditions’ discretion, and may change at any time until embarkation. Passengers can potentially benefit from a cabin upgrade without a price surcharge. In any event, the minimum category booked and paid for will be guaranteed.
7. Health, Fitness, Trip Grades and Age Limits
7.1 It is your responsibility to advise Aurora Expeditions of any pre-existing medical conditions and/or disability that might reasonably be expected to increase risk of you requiring medical attention, or that might affect the normal conduct of an expedition and the enjoyment of other expedition members
7.2 You are required to provide an assessment of your medical condition on the Aurora Expeditions medical form supplied from a fully qualified medical practitioner, regardless of whether you have a pre-existing condition or not, between 3 and 6 months prior to the departure date of the expedition. If you book within 3 months prior to the departure date of the expedition, your assessment is due immediately and required for confirmation of your booking.
7.3 Should your medical condition change after submitting the medical condition forms, it is your responsibility to advise Aurora Expeditions immediately.
7.4 Aurora Expeditions reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Aurora Expeditions also reserves the right to cancel your participation in an expedition at any time, including after the commencement of the 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 expedition members.
7.5 Any person under 18 years of age must travel with their legal guardian.
7.6 Travelling when pregnant is not recommended.
8. Mandatory Travel Insurance
8.1 Passengers travelling with Aurora Expeditions are required to be covered by a travel insurance policy that includes medical, accident and repatriation/emergency evacuation coverage. We travel to remote regions of the world and we recommend that the insurance policy’s repatriation/emergency evacuation benefit be higher than minimum and cover you for remote or Polar Evacuation should it be required. In the case of a medical issue arising during the expedition, either on board or on shore, which results in costs for medical treatment, repatriation, evacuation, use of aircraft, etc, the responsibility for payment of these costs belongs solely to the passenger. It is mandatory for you to ensure that such eventualities are covered by travel insurance. In any case, if not covered by appropriate travel insurance, the responsibility still remains with the passenger and Aurora Expeditions specifically declines any financial responsibility whatsoever.
9. Personal Data and International Travel
9.1 You are responsible for ensuring that all personal information provided by you to make a booking is correct. Aurora Expeditions will not be liable for any faulty vouchers or tickets as a result of incorrect or incomplete information provided by you. Any name or spelling changes made after booking confirmation may result in supplier imposed fees which will be at your sole cost and/or you being unable to travel.
9.2 You are responsible for all immigration, passport, visa, health, quarantine and customs laws, regulations, orders, demands or other requirements of countries visited or transited. You should check the requirements of those countries with their embassies or consulates or other authorities.
10. Authority of the Expedition Leader
10.1 At all times the decision of the Aurora Expeditions’ Expedition Leader or representative will be final on all matters likely to affect the safety and well-being of expedition members and the trip. This includes any decision that the Aurora Expeditions’ Expedition Leader makes about your ongoing participation in the trip or certain activities that compromise part of the trip. If you fail to comply with a decision made by the Aurora Expeditions’ Expedition Leader, or interfere with the well-being of the group, the Aurora Expeditions’ Expedition Leader reserves the right to terminate this Agreement and order you to leave the tour immediately, with no right of refund and Aurora Expeditions will not be liable for any compensation, costs, damages or losses arising from such termination.
11. Photographic Consent and Release, Privacy and Data Protection
11.1 As a passenger travelling with Aurora Expeditions, you extend permission to Aurora Expeditions to take your photograph during the expedition, and you release all rights over those images. You understand and consent that Aurora Expeditions may use any likeness taken of you and your comments for future publicity in any media and promotional material.
11.2 Any passenger who does not wish to be photographed must advise Aurora Expeditions in writing prior to expedition commencement.
11.3 In order for us to process your booking and provide a service to you, you will need to provide to us, and we will need to use, your personal information. We will need to provide your personal information to service providers, as well as to customs and immigration authorities. Some of the persons to whom we provide your personal information are located overseas, including in countries that may not provide the same level of protection of personal information as required by Australian law. By making a booking you give us, you consent for us to use and disclose your personal information in the manner described in this clause.
11.4 We may also use your name and contact details for marketing purposes, unless you tell us in writing prior to expedition commencement that you do not want us to do so.
11.5 We will otherwise deal with your personal information in accordance with the Privacy Act 1988 (Cth).
12.1 If you have any complaints about your trip, you must make it known at the earliest opportunity to the Aurora Expeditions’ Expedition Leader or an Aurora Expeditions representative, who will be able to take appropriate action. If at the end of the trip you feel that your complaint has not been properly dealt with please notify us in writing within 30 days of the end of your trip.