These Conditions of Carriage (the "Conditions") set out the terms on which Aurora Travel PTY Limited (“Aurora”, "we", "us" or "our") agrees to provide adventure expeditions operated and conducted by Aurora (“Expedition”) to you.
THESE CONDITIONS ARE APPLICABLE TO CUSTOMERS RESIDENT IN THE UK WHO HAVE BOOKED AN AURORA EXPEDITION THROUGH A THIRD-PARTY TOUR OPERATOR.
IF YOU HAVE BOOKED DIRECTLY WITH AURORA, PLEASE SEE OUR BOOKING TERMS AND CONDITIONS INSTEAD: https://www.aexpeditions.co.uk/terms-and-conditions.
1. YOUR RELATIONSHIP WITH AURORA
1.1 Aurora is a company incorporated and registered in Australia under company number ACN 139 766 911 whose registered office is at Suite 1, Level 2, 35 Buckingham Street, Surry Hills, NSW, 2010, Australia.
1.2 If we have to contact you we will do so through the tour operator you made your booking through (“Tour Operator”), unless you contact us directly.
1.3 These Conditions govern the provision of the Expedition by Aurora to all passengers participating in an Expedition. They do not cover any aspect of the booking or payment process, which will be governed by a separate agreement between you and the Tour Operator you have booked through (the “Booking Contract“) in relation to your booking of the Expedition (“Booking”).
1.4 These Conditions form part of the Booking Contract, and all persons named on the Booking agree to be bound by them.
1.5 In the event of any conflict or inconsistency between the Booking Contract and these Conditions, these Conditions shall take precedence.
1.6 References in these Conditions to “you”, “your”, “passenger” means you, the passenger participating in the Expedition. By participating in the Expedition, you agree to be bound by these Conditions.
2. YOUR BOOKING CONTRACT WITH THE TOUR OPERATOR
2.1 We are not a party to your Booking Contract with the Tour Operator. We have a separate agreement with the Tour Operator for the sale of the Expedition, under which the Tour Operator is our client, and we are the supplier.
2.2 In the event you wish to change or cancel your Booking, make payment for your Booking, or have any special requests or requirements, you must contact your Tour Operator. We will not be able to deal with these directly, without the Tour Operator’s permission.
2.3 We will use all reasonable endeavours to accommodate special requests relating to you which we receive from your Tour Operator, including special dietary requirements, but they cannot be guaranteed. You should advise your Tour Operator as soon as possible after Booking of any such special requests or requirements, so that they can notify us and we can try to accommodate them.
2.4 We are responsible for the provision of the Expedition in accordance with these Conditions. If your Booking Contract includes other travel arrangements in addition to the Expedition, we are not responsible for the provision of those travel arrangements, which will be provided by third parties unrelated to us, on that third party’s own terms and conditions.
3. ACKNOWLEDGEMENT OF RISK
3.1 You confirm that you are aware that the Expedition, in addition to the dangers and inherent risks that may arise in the normal course of any adventure trip, has certain additional dangers and risks, some of which may include (but are not limited to): 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.
3.2 By joining the Expedition, you understand and acknowledge:
3.2.1 Adventure travel involves risk, danger and potential exposure to personal injury, death, or damage to property, and you accept these risks and responsibility for your own actions;
3.2.2 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;
3.2.3 that you are physically and mentally capable of participating in the Expedition and that you are willingly and knowingly electing to participate in the Expedition in spite of the potential risks and danger;
3.2.4 that if you suffer injury or illness, Aurora can, at your cost, arrange medical treatment and emergency evacuation service, as Aurora deems appropriate for your wellbeing;
3.2.5 you have suitable, comprehensive travel insurance in place to cover your assumption of risk under this clause, in accordance with clause 12; and
3.2.6 the acceptance of such risk extends both to on-board presence and activities as well as off-board.
3.3 Nothing in clause 3.2 does or is intended to limit or exclude our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
4. CHILD POLICY
4.1 Expeditions 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.
5. CANCELLATION BY AURORA OTHER THAN DUE TO WEATHER OR FORCE MAJEURE
5.1 We reserve the right to cancel an Expedition prior to departure in which case any payment made by you will be refunded in full to the Tour Operator (subject to the express provisions below in relation to “Fly & Sail” and “Fly/Fly” Expeditions).
5.2 Aurora reserves the right to cancel an Expedition prior to departure if the minimum number of participants is not reached. We will endeavour to make, as soon as practically possible, any decision to cancel an Expedition, and we will notify your Tour Operator of that decision, as soon as we practically can. We will endeavour to identify for you another Expedition similar to the one that is cancelled. If one is not available, we will refund the Tour Operator in full for any payment already received by the Tour Operator for your Expedition.
5.3 Aurora reserves the right to cancel any activity, trek or other component (“Component”) of the Expedition in the event of cancellation of the Component by the third party supplier, in which case we will refund the Tour Operator in full for payment received in relation to the cancelled Component.
5.4 Aurora reserves the right to change any Component of the Expedition, including but not limited to a change in vessel, transfer packages (ground or air) and hotel. Such changes will generally be considered “minor”, and Aurora will endeavour to provide a like for like substitute. Aurora will have no further liability to you in relation to the Component change.
5.5 This clause 5 sets out Aurora’s total liability to you in the event we have to cancel your Expedition due to reasons other than a Force Majeure Event. Aurora 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 set out in this clause 5 or required by Applicable Law (as defined at clause 7.1).
6. CANCELLATION OR ITINERARY CHANGES DUE TO WEATHER CONDITIONS OR FORCE MAJEURE
6.1 Aurora 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.
6.2 Aurora will use reasonable endeavours to ensure that any Expedition takes place as close as reasonably practicable to the published itinerary. However, due to circumstances outside of our control, including (but not limited to) adverse weather or ocean conditions, the direct or indirect consequence of a Force Majeure Event (clause 8.1), safety, maritime law, compliance with government or official orders, guest emergencies, providing assistance to other vessels or unexpected mechanical or technical problems, Aurora 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. Changes in the itinerary are to protect your interest and safety. Aurora does not guarantee its Expedition itineraries and they do not form part of these Conditions or your Booking Contract.
6.3 It may be necessary for Aurora to cancel or vary an Expedition as a result of adverse weather or ocean conditions, or due to a Force Majeure Event (as defined at clause 9.1), and Aurora reserves the right to do so.
6.4 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 favourable conditions, Aurora may vary any aspect of an Expedition itinerary with little or no advance notice. This may include changing any planned ‘fly’ leg of an Expedition to a ‘sail’ leg (including during the 96 hour period specified in clauses 6.15, 6.16 and 6.19 below), cancelling landings, changing voyage 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. Such variations will generally be considered “minor” itinerary changes, and will not affect the price of the Expedition, nor result in any right to a refund.
6.5 Occasionally, Aurora may be constrained to make a significant change to the Expedition itinerary and this could include (but is not limited to) the start of an Expedition being delayed by more than 96 hours, an Expedition being curtailed by more than 96 hours or the overall length of an itinerary being reduced by more than 96 hours (“Significant Itinerary Change”).
6.6 Subject to clauses 6.9 – 6.19, in the event Aurora has to make a Significant Itinerary Change or cancel an Expedition before the start date of the Expedition, we will contact your Tour Operator as soon as reasonably possible, with the following options (at Aurora’s discretion):
6.6.1 (for Significant Itinerary Changes) to accept the changed itinerary. If this results in an Expedition of a lower quality or cost, Aurora will refund the difference in price to your Tour Operator; or
6.6.2 Re-book the Expedition for a later date, subject always to availability and any difference in price; or
6.6.3 Accept a substitute Expedition if Aurora is able to offer one and subject to any additional terms and conditions and payment of any price increase. If the substitute Expedition is of a lower quality or cost, Aurora will refund the difference in price to your Tour Operator; or
6.6.4 To cancel the affected Expedition, in which case Aurora will offer the Tour Operator a credit note up to the full value of the price paid by you for the Expedition, to be used towards a future Expedition. If you do not wish to accept a credit note, we will refund any payment received by us in relation to your Booking to your Tour Operator.
6.7 Occasionally, Aurora may have to make a Significant Itinerary Change after an Expedition has started. Aurora’s maximum liability in these circumstances shall be refunding any sums received by Aurora for the affected Expedition on a pro-rated basis, and only where you have received no benefit of the Expedition for the affected days, to be decided in Aurora’s sole discretion.
6.8 This clause 6 sets out our total liability to you in the event of a cancellation or itinerary change to your Booking due to a Force Majeure Event. Aurora 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 set out in this clause 6 or required by Applicable Law (as defined at clause 7.1).
Special Conditions for “Fly/Sail”, “Fly/Fly” and “Sail/Fly” voyages
6.9 Any Booking for a “Fly/Sail”, “Fly/Fly” or “Sail/Fly” Expedition is subject to the following special conditions.
6.10 A “Fly/Sail” Expedition 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.
6.11 A “Fly/Fly” Expedition 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.
6.12 A “Sail/Fly” Expedition 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.
6.13 Any “Fly/Sail”, “Fly/Fly” or “Sail/Fly” Expedition is deemed to commence at the starting point of the Expedition as booked.
6.14 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 6.15– 6.19, clauses 6.1– 6.7 apply in respect of charter flights. Aurora Conditions of Carriage 5
6.15 If a charter flight from any starting point to the point of embarkation for a ship voyage Expedition is delayed due to adverse weather conditions, Aurora 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. At any stage in this 96-hour period Aurora may vary the voyage in accordance with clause 6.4.
6.16 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.
6.17 If your Expedition is deemed cancelled under clause 6.16 or otherwise cancelled due to weather conditions affecting your charter flight, Aurora will offer you a credit note, to the value of the full price you paid for the Expedition under your Booking Contract, which can be used towards a future Expedition. If you do not wish to accept a credit note, we will refund any payment received by us in relation to your Booking to your Tour Operator.
6.18 In the event that a charter flight is delayed, the Expedition Leader (meaning the individual appointed by Aurora to oversee and manage the operation of the Expeditions) or another representative of Aurora will provide updates to you, as they may be known, and will endeavour to provide information to make your stay as enjoyable as possible pending the ability of a charter flight to fly.
6.19 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 authorised 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 6 will otherwise apply.
7. OUR LIABILITY FOR THE PROVISION OF THE EXPEDITION
7.1 We have a duty to supply the Expedition with reasonable care and skill and in accordance with all laws, statutes, regulation and codes from time to time in force as applicable to Aurora in the provision of the Expedition (“Applicable Law”). We have no liability to you for the provision of the Expedition, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have provided the Expedition with reasonable care and skill, we will have no liability to you for anything that happens during the provision of the Expedition, or for the acts or omissions of any third party suppliers.
7.2 Many of the services which make up your Expedition are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of these Conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions.
7.3 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
7.3.1 The acts and/or omissions of the person affected; or
7.3.2 The acts and/or omissions of a third party unconnected with the provision of Expedition and which were unforeseeable or unavoidable; or
7.3.3 A Force Majeure Event (as defined in clause 8.1).
7.4 We cannot accept responsibility for:
7.4.1 any services that do not form part of the Expedition we agreed to supply to you. This includes, for example, any additional services or facilities that the Tour Operator or any other supplier agrees to provide for you where the services or facilities are not advertised on our website as forming part of your Expedition and we have not Aurora Conditions of Carriage 6 agreed to arrange them as part of your Expedition, and any excursions/activities you purchase; or
7.4.2 any damage, loss, expense or other sum(s) of any description which on the basis of the information received by us concerning your Booking, we could not reasonably have foreseen you would suffer or incur, or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers; or
7.4.3 any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.
7.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
7.6 We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:
7.6.1 Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
7.6.2 Claims not falling under 7.6.1 above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to twice the price paid for the Expedition by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from the Expedition.
7.6.3 Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
7.6.3.1 The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of these Conditions, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into these Conditions.
7.6.3.2 When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the supplier for the complaint or claim in question.
7.7 It is a condition of our acceptance of liability under this clause that you notify any claim to the Tour Operator strictly in accordance with the complaints procedure set out in your Booking Contract.
7.8 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
8. FORCE MAJEURE
8.1 Aurora will not be responsible for the provision of an Expedition if prevented or delayed by a Force Majeure event. A Force Majeure Event means any circumstance beyond Aurora’s reasonable control which prevents, hinders, or delays performance, including but not limited to adverse weather, ocean or ice conditions, acts of God, natural disasters, epidemics or pandemics, war or civil unrest, acts of terrorism, governmental or regulatory actions, closure of ports or denial of permits, accidents, traffic, airport conditions, lack of performance by third party suppliers, failure of utilities or communications, labour disputes, vessel damage or unavailability not caused by Aurora’s negligence or other causes beyond their control, (“Force Majeure Event”).
8.2 In circumstances of a Force Majeure Event as defined in clause 8.1, Aurora may, at its absolute discretion:
8.2.1 cancel the Expeditions in accordance with clauses 5 or 6;
8.2.2 vary the Expeditions itinerary in accordance with clauses 6; or
8.2.3 take any other action that Aurora deems reasonably necessary to minimise the risk to passengers, staff, crew, vessels and equipment, and provide the Expeditions in the manner Aurora deems appropriate in the circumstances.
9. BEHAVIOUR
9.1 You and all persons named on the Booking are expected to conduct yourselves in an orderly and acceptable manner during the Expedition and not to disrupt the enjoyment of others.
9.2 If in the opinion of the Expedition Leader, other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to the Expedition, we reserve the right to terminate your Expedition immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to us prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against Aurora because of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other individuals who have no connection with your Expedition or with us.
10. AUTHORITY OF THE EXPEDITION LEADER
10.1 At all times, the decision of the Expedition Leader or representative will be final on all matters likely to affect the safety and well-being of Expedition members, the well-being of communities and wildlife we visit, and the conduct of the Expedition. This includes any decision that the Expedition Leader may make about the passengers’ ongoing participation in the Expedition or certain activities that comprise part of the Expedition. If you or any member of your party fails to comply with a decision made by the Expedition Leader, or interferes with the well-being of the group, the Expedition Leader reserves the right to terminate your participation in the Expedition and to require you to leave the Expedition immediately, with no right of refund and Aurora will not be liable for any compensation, costs, damages or losses arising from such termination.
11. HEALTH, REQUIRED FITNESS LEVELS, TRIP GRADES, AGE LIMITS + COMPULSORY MEDICAL ASSESSMENTS
11.1 It is your responsibility to advise your Tour Operator or Aurora directly of any pre-existing medical conditions and/or disability that might reasonably be expected to:
11.1.1 increase your risk of requiring medical attention during the Expedition;
11.1.2 increase your risk of suffering medical or health complications or symptoms during the Expedition, or increase the seriousness of such medical or health complications or symptoms;
11.1.3 affect your safety, or
11.1.4 affect the normal conduct of an Expedition of the type that you have booked or negatively impact other Expedition members, staff or crew.
11.2 If you are not sure whether a medical condition of disability is relevant under clause 11.1 it is your responsibility to consult with a legally qualified medical practitioner (“Doctor”) and obtain medical advice on this. In providing its services, Aurora is relying upon you having provided the information in clause 11.1 above as well as you consulting with your Doctor to confirm your suitability to travel at all relevant times. For the avoidance of doubt, your obligation under clause
11.1 is a continuing one and is in place at all relevant times, not just at the time you complete relevant medical forms or make your booking.
11.3 In addition to the continuing disclosure in clause 11.1, you will be required to provide to Aurora medical assessment information under the following process:
11.3.1 Aurora will provide a medical self-assessment form to your Tour Operator to send on to you between 4 and 6 months prior to the departure date of the Expedition. You must complete and return this medical self-assessment form by at least 3 months prior to departure. If you book within 3 months prior to the departure date of the Expedition, you must complete and return this assessment as soon as practically possible and a maximum 20 days prior to departure.
11.3.2 After receiving your medical self-assessment form, Aurora may require you to obtain a medical certificate from a Doctor certifying that you are fit to undertake the voyage.
11.3.3 You must return any medical certificate within 2 months prior to the departure date of the Expedition, or if you are requested to provide the form within 2 months prior to departure, as soon as practically possible and a maximum of 10 days from booking.
11.3.4 If you fail to return the completed medical self-assessment form or the medical certificate within the timeframes specified above, Aurora will be entitled to cancel your booking in which case you will be entitled to a refund of all amounts paid for the Expedition and you will not be entitled to any further compensation (including for costs or expenses).
11.4 It is your responsibility to provide full and accurate information in your medical self-assessment form. Aurora will rely upon this information. Aurora will not be liable to you for any losses to the extent that they are caused by your failure to provide full and accurate information in your medical self-assessment form, or if you were otherwise not appropriately self or medically assessed as to your ability to travel, and would otherwise have been avoided.
11.5 It is your responsibility to provide full and accurate information to your Doctor when obtaining the medical certificate under this clause 10. Aurora will rely upon the medical certificate under clause 11.3 and your self assessment and disclosure under clauses 11.1 and 11.2 Aurora will not be liable to you for any losses to the extent they are caused by your failure to provide full and accurate information to your Doctor or in your medical assessment form, and would otherwise have been avoided.
11.6 Should your medical condition change after submitting the medical self-assessment form or the medical certificate referred to in this clause 11, it is your responsibility to advise Aurora within 48 hours after you become aware of such a change.
11.7 If Aurora becomes aware or forms the view on a reasonable basis at any stage that you have not provided full and accurate information in your medical self-assessment form or to your Doctor when obtaining your medical certificate, then Aurora is entitled to cancel your Booking in which case you will be entitled to a refund of all amounts paid for the Expedition but you will not be entitled to any further compensation (including for costs or expenses).
11.8 If Aurora forms the view on a reasonable basis at any stage that your medical condition or disability might reasonably be expected to:
11.8.1 increase your risk of requiring medical attention during the Expedition;
11.8.2 increase your risk of suffering medical or health complications or symptoms during the Expedition, or increase the seriousness of such medical or health complications or symptoms;
11.8.3 affect your safety; or
11.8.4 materially affect the conduct of an Expedition of the type that you have booked and negatively impact other Expedition members, staff or crew, then Aurora is entitled to:
11.8.5 inform you of the reasonable steps it considers are required to eliminate the factors above, and require you to pay for any associated costs; or
11.8.6 if it forms the view that reasonable steps are not available to eliminate the factors above, or you do not agree to put such steps into place, cancel your Booking in which case you will be entitled to a refund of all amounts paid for the Expedition but you will not be entitled to any further compensation (including for costs or expenses).
11.9 Should you be pregnant, for your safety and the safety of your unborn child, Aurora does not recommend that you join an Expedition. However, if you discover that you are pregnant prior to the commencement of an Expedition and wish to participate irrespective of our advice against travelling, you must be 16 weeks or less into your pregnancy at the completion of the Expedition and you must have clearance from a registered Obstetrician prior to departing your country of residence. Your travel insurance must cover pregnancy-related complications arising from adventure-based activities. In any event, Aurora reserves the right cancel your booking under clause 11.7.
12. MANDATORY TRAVEL INSURANCE
12.1 Due to the adventurous style of travel offered by Aurora and the remoteness of the areas in which we travel, it is a condition of travel with Aurora that all passengers are covered by comprehensive travel insurance prior to departure, and that they maintain such insurance for the duration of the Expedition.
12.2 Passengers travelling with Aurora are required to be covered by a reputable travel insurance policy that includes baggage loss, cancellation & curtailment of holiday, medical, accident and repatriation/emergency evacuation coverage worth at least $250,000 USD and otherwise on terms that are sufficient to indemnify you for adventure travel. 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 and expenses belongs solely to the passenger. Please ensure that such eventualities are covered by your travel insurance policy. In any case, if you are not covered by a travel insurance policy, the responsibility remains with the passenger and Aurora specifically declines any responsibility whatsoever, including in circumstances where Aurora or a related body corporate of Aurora arranges a travel insurance policy on your behalf.
12.3 Your insurance details must be supplied to your Tour Operator to send on to us and if you fail to provide the requested insurance information at the time requested, we reserve the right to cancel your Expedition without any liability to refund monies you have paid.
13. PERSONAL DATA, VISAS, HEALTH REQUIREMENTS
13.1 Before an Expedition, you must present for inspection upon request, along with any booking confirmation provided under the Booking Contract, a valid passport as well as any visa, entry or exit permit.
13.2 You are responsible for ensuring that all personal information provided by you is correct. Aurora will not be liable for any incorrectly issued 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 expense. Please provide your Tour Operator with a scanned copy of your passport at the time when requested.
13.3 You are responsible for all immigration, passport, visa, health, quarantine and customs laws, regulations, orders, demands or other requirements of countries proposed to be visited or transited. You should check the requirements of those countries with their embassies or consulates or other authorities before you make your Booking.
13.4 Visas (including transit visas) and any applicable entry or reciprocity fees are your responsibility. For travel advice and entry requirements, UK passport holders should refer to the UK Government’s Foreign Travel Advice website at www.gov.uk/foreign-travel-advice. Passengers from countries other than the UK should consult the relevant official website of their national government. Your passport must have at least 6 months’ validity from the date of your return to your home country.
13.5 It is your responsibility to ensure that you are aware of any health requirements for your travel destinations as vaccinations may be required for the countries you visit. You need to contact your local Doctor or a travel Doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.
14. AIRFARES, TICKETING AND ANCILLARY SERVICES
14.1 Where the Expedition includes a flight, these are subject to the relevant carrier’s conditions of carriage. Cancellation and refund policies associated with airfares vary according to airfare conditions and the relevant carrier’s conditions of carriage. The airfares have strict conditions when it comes to amendments, changes, and cancellations – many of which are nonchangeable and non-refundable after the ticket has been issued. We recommend you contact your Tour Operator or airline directly to make any changes to your ticketed flight bookings.
14.2 Any bookings for extension packages and additional services (“Ancillary Services”) are subject to the relevant third party supplier or operators’ conditions of booking, which do not form part of these Conditions, or the provision of the Expedition. Cancellation, amendment and refund policies associated with these services vary. Please ask your Tour Operator about the conditions of booking for any applicable Ancillary Services, including any amendment or cancellation policy, at the time of booking.
15. PHOTOGRAPHIC & FILMING CONSENT AND RELEASE, PRIVACY AND DATA PROTECTION
15.1 As a passenger travelling with Aurora, you extend permission to Aurora to take your photograph or film you during the Expedition, and you release all rights over those images or footage without consideration. You understand and consent that Aurora may use any likeness taken of you, any video footage and/or your comments for future publicity in any media and promotional material.
15.2 Any passenger who does not wish to be photographed or filmed must advise Aurora in writing prior to the Expedition commencement.
15.3 In order for us provide the Expedition to you, you are required to provide us with your personal information, which we may need to provide 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 the laws of England and Wales. By making a booking, you give us your consent to use and disclose your personal information in the manner described in this clause, and in accordance with our Privacy Policy.
15.4 Any photographs or video footage provided by any passenger to Aurora for use in the Expedition log/photo slideshow may be used by Aurora for marketing purposes and showcased on the website in the Expedition log/video section, unless advised otherwise by the passenger.
16. COMPLAINTS
16.1 If you have any complaints about your Expedition, you should make them known at the earliest opportunity to the Expedition Leader or an Aurora representative, who will take such action as he or she considers to be appropriate in the circumstances. If at the end of the Expedition you feel that your complaint has not been properly dealt with, please notify your Tour Operator in writing within 30 days of the end of your Expedition.
17. SHIP IMAGES, MAP, VOYAGE ITINERARIES
17.1 Images and videos including those in our brochures and on our website may be artists’ impressions and the final interior design of cabins, suites, and public areas of any ships are subject to change.
17.2 The deck plan, suite sizes, images, and layout, and inclusions in our brochures and on our website may vary and be subject to change. They may not be drawn to scale and are indicative representations only. Suite and balcony sizes within each category may vary slightly depending on their location on each deck.
17.3 Maps and/or Expedition itineraries contained in our brochures and on our website are a guide. Whilst every effort will be made to follow the itinerary described, in the event of political problems or natural disturbances or other unforeseen circumstances, we may act in accordance with clauses 6 as applicable and substitute an alternative itinerary for that section of the Expedition. Whilst unlikely, it is an inherent consequence of Expedition travel in remote and lesser-visited areas.
18. DATA PROTECTION
18.1 We shall comply with applicable data protection laws in connection with the personal data we process in relation to your Expedition.
18.2 We will only use your personal information as set out in our Privacy Policy.
19. LAW AND JURISDICTION
19.1 Subject to clause 19.2 below, all disputes and claims arising out of or in connection with your Expedition are governed by the laws applicable in the State of New South Wales, Australia. You consent and submit to the exclusive jurisdiction to the Courts of New South Wales and the Commonwealth of Australia, as may be appropriate, except where required otherwise by Applicable Law.
19.2 The provision of the Expedition itself shall be governed by the local laws and standards of the country(ies) in which it is being provided, and nothing in clause 19.1 does or intends to impose Australian law on the provision of the Expedition.