Ice Horizons Limited Terms & Conditions (2021 expedition)
Please read carefully these terms and conditions of contract. In signing these Terms and Conditions, you agree to be bound by these Terms and Conditions which constitute the agreement between Ice Horizons Limited (hereinafter “we”, “us”, “our” or "Ice Horizons") and you, the expedition client. These Terms and Conditions apply to the exclusion of any other terms or conditions unless they are set out in detail here or are otherwise agreed to in writing by the parties. No purported variation of these Terms and Conditions will be effective unless authorised in writing by Ice Horizons.
1. Expression of interest
To express interest in joining one of the Ice Horizons Greenland ski crossing expeditions, please contact Ice Horizons on the enquiry form via this website, whereupon we shall contact you for the purpose of discussing your interest, experience and suitability for this expedition.
Ice Horizons shall provide you with an Application Form to complete in order for us to ascertain and be satisfied as to your experience and suitability to participate in this expedition. Once we have agreed to you participating in the expedition, you should make payment of a deposit in the sum of £1,000.00 in order to reserve your place on the expedition.
Payment(s) for expeditions may be made by Electronic Funds Transfer (EFT) at your bank and through Internet Banking using our bank details that shall be provided by us to you.
Prices are quoted in British Pounds.
The expedition price is £10,000.00.
A deposit of £1,000.00 is required to be paid at the time of your booking your place on the expedition.
The full balance of the expedition price is payable to Ice Horizons prior to 30 September 2020.
Should payment of the balance of the expedition price not received by Ice Horizons by 30 September 2020 you will be taken as having cancelled the expedition and cancellation charges in accordance with clause 4 shall apply.
Where Ice Horizons accepts a Booking after 30 September 2020, full payment of the expedition price is required to be made at the time of the Booking.
If you wish to cancel your expedition, you must notify Ice Horizons in writing prior to the commencement of the expedition. Once Ice Horizons receives your notice, cancellation will take effect subject to the following provisions:
If cancellation takes place on or prior to 30 November 2020 all monies shall be refunded;
If cancellation takes place between 1 December 2020 and 31 March 2021, 25% of the expedition price will be forfeited or alternatively you may elect to join our 2022 expedition at no additional expedition price;
If cancellation takes place on or after 1 April 2021, 60% of the expedition price will be forfeited or alternatively you may elect to join our 2022 expedition at a 60% discount on the advertised expedition price.
Professional guide, full pre-expedition advice and assistance (regarding equipment, training and flights etc) all expedition food and drinks, all expedition permits as required by the Greenland Authorities, 24/7 direct telephone contact to a UK doctor, website updated daily for friends and family, team equipment.
Satellite telephone: The guide will have an iridium satellite phone for the purpose of securing weather information, to update the website, and for medical purposes. Should you wish to make personal calls during the expedition we can discuss the possibility of you bringing a personal satellite phone.
Without limitation, the following items are excluded from the expedition price: International flights to and from Greenland, personal clothing and equipment (full assistance is provided), search and rescue/evacuation insurance - as required by the Greenland Authorities (full assistance is provided to arrange this insurance, general travel insurance, excess baggage fees on personal equipment (if any), any costs associated with leaving the expedition early, any costs resulting from delays, disruptions or variations due to weather or ice-cap conditions, any helicopter journey that is required to be chartered (payable on a per person pro-rata basis), and any other cost not specified in the inclusions.
7. Health and Fitness Requirements
You must be in good health and strong physical condition and are strongly advised to follow our recommended training regime or use certified personal trainers, fitness, medical and nutritional experts to prepare you for the rigors of skiing across Greenland.
This expedition takes place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility.
If during the expedition, in the opinion of the expedition leader, you are in need of medical assistance and are unable to request it, you consent to us providing you medical treatment and such other arrangements including evacuation as we consider necessary, at your cost.
Any medicines, surgical, attention or medical treatment furnished by us to you shall be and are accepted at your sole risk, and the expedition operator shall not be responsible for the quality, nature or consequences thereof.
8. Medical disclosure
You declare and warrant that you are in good health and mentally and physically fit at the time of booking this expedition; you have disclosed to us every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant our to decision to permit you to go on the expedition.
Immediately upon any adverse change in your health or fitness that may be likely to affect our decision to permit you to go on the expedition, you will notify us in writing of any such adverse change.
We are permitted to disclose medical information to our consultant doctor in order to ascertain your suitability to participate in this expedition. Our consultant doctor may exclude you from an expedition if he/she deems it necessary and in such circumstances any entitlement to a refund of the expedition fee shall be solely at our discretion.
You acknowledge that the obligation to disclose under this condition continues from the time of booking the expedition through to departure and extends for the duration of the expedition.
If you fail to comply with the duty of disclosure in this condition and if we would not have permitted you to undertake the expedition, or continue participation of the expedition, had you made full disclosure under this condition, we will not be liable for personal injury, death or property damage or loss incurred by you.
We do not have any obligation to examine any participant prior to the commencement of the expedition for any purpose and we rely entirely on your obligation of disclosure herein referred to.
Should you require an evacuation from the ice cap, you will be liable for the full cost of this exercise (or pro-rata where more than one person is evacuated, including team evacuations). However, evacuations due to an immediate life threatening injury or illness are covered by your search and rescue/evacuation insurance.
Importantly, evacuations for reasons that are not to be of an immediate life threatening nature (such as general tiredness, minor injuries, and ice cap/sea ice conditions such as melting), are not covered by your search and rescue/evacuation, and you will be liable for the full cost of any such evacuation (or pro-rata where more than one person is evacuated, including team evacuations).
Please understand that evacuations from the ice cap are expensive and typically cost several thousand pounds or more depending on the location. In undertaking the expedition, you agree to indemnify Ice Horizons for any cost it incurs in your evacuation.
10. Baggage and personal property
We shall not be held responsible for any loss, damage or theft of any item of yours however so caused whilst in Greenland or in travel to/from Greenland. You are strongly advised to obtain adequate insurance to cover your baggage and personal effects from theft, loss, damage and delays and to familiarise yourself with the applicable provisions and exclusions of any such insurance policy.
The expedition leader may, for any reason and in his absolute discretion, decide that you should not commence or continue the expedition, and should he make that decision such decision shall be final and there shall be no entitlement to a refund. Such reasons shall include, but are not limited to you committing an illegal act, or your behavior causing or likely to cause danger, distress or annoyance to others, or your fitness or health or progress is inadequate. In such event, Ice Horizons will assist in your safe evacuation at your own cost, but no refunds will be payable or due and owing to the team member.
12. Cancellation due to Expedition Booking Numbers
We reserve the right to cancel any expedition prior to departure in the event that there are too few people booked on an expedition in which case you will be given a full refund of the expedition price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa and passport charges, airfares, gear purchases, airport and airline taxes).
13. Route and other Changes, Postponement, Cancellation or Delay
We reserve the right to:
Change the date of departure or conclusion of the expedition, or modify any aspect of the expedition, or
Cancel or modify any routes within the expedition or objectives set out in the itinerary, or
Substitute different or equivalent routes within the expedition in place of cancelled or modified routes, or
Postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the expedition):
for any such aspect of the expedition if, in our absolute discretion, it is necessary to do so due to any reason whatsoever, including inclement weather, volcanic activity, wind, surface conditions such as soft snow, heavy sastrugi, sea ice melt, ice cap melt, polar bear presence, equipment failure, helicopter or other transport delay or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or medical or otherwise or if, in the absolute discretion of Ice Horizons, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the expedition or the aspect of the expedition being undertaken in accordance with your booking or for any other reason considered necessary by Ice Horizons.
In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the expedition price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.
We reserve the absolute discretion to cancel any expedition due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had cancelled the expedition as at the date that Ice Horizons cancelled the expedition due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.
We reserve the right to change, at any time, the nominated expedition leader of the expedition. In such an event, we will try to ensure that the alternative expedition guide has expertise commensurate with that of the nominated expedition guide. Any such change by us will not give rise to any right on your part to cancel the expedition or claim any expenses, loss or damage which may be suffered.
14. Itineraries, brochures and other correspondence
Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by us. The information contained in Ice Horizons' brochures, itineraries, and internet site is, to the best of our belief, correct at the date of publishing.
Personal travel insurance and search/rescue/evacuation insurance is not included in the expedition price.
Pursuant to a requirement of the Greenland Authorities, each team member is required to have search and rescue/evacuation insurance in the form and amount specifically required by the Greenland Authorities in relation to an ice cap crossing expedition. We can assist you in obtaining this insurance. Please note, we require this insurance to be in place by 15 January 2021.
It is a condition of booking an expedition with us, and your responsibility to ensure that you have adequate personal travel insurance for the full duration of the expedition in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment.
You must provide evidence to Ice Horizons that you have obtained adequate personal travel insurance by 15 January 2021.
The official name of the 2021 expedition will be "Ice Horizons 2021 Expedition" however team members are free to use an alternative name for personal marketing purposes, if desired. Team members are also free to enter into arrangements with sponsors and supporters and we encourage this.
17. Travel Documents
It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of Greenland and any other destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country.
18. Airlines and other transport providers
Any material published by Ice Horizons, and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the expedition. In the event that an airline's proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the expedition by Ice Horizons. Any flights or other transport forming part of the expedition arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines' or other transport entity's liability to passengers in accordance with applicable international law and conventions.
19. Force Majeure
If Ice Horizons is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Ice Horizons’ reasonable control, we will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the expedition or take any other action as specified in condition 13. This expedition is not a package holiday for the purpose of any statutory provisions.
20. Assumption of Risk
You acknowledge that:
By the very nature of this extended ski adventure expedition on the Greenland ice cap, it is more challenging and demanding with a commensurately higher level of risk compared with conventional travel holidays and expeditions, and involves potential exposure to injury and possibly death, and that in particular improper attention to health and safety, including the failure to wear appropriate clothing, can result in cold weather injuries such as frost bite or hypothermia; and
In Greenland, where this adventure travel is undertaken, standards of accommodation, transport, road and air safety, health care, hygiene, safety and service provision generally may are often not as high as those standards as in other countries and may require a greater acceptance of risk, flexibility and patience on your part; and
Operational control of the expedition may at times be in the hands of a third party, such as an airline or vehicle transport, and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Ice Horizons; and
The additional dangers and risks associated with adventure travel in Greenland and on the ice cap may include but are not limited to difficult and dangerous terrain including crevasses, piteraq or other high winds, cold injuries such as frost bite and hypothermia, falls, snow blindness, exhaustion, tent fire or other tent loss, equipment failure, polar bear attack, remoteness from normal medical services and from communications in the event of illness or injury and evacuation difficulties; and
The enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure expedition, and
You have submitted your booking for the expedition after giving due consideration of the above and relevant travel information including, without limitation, any relevant information or advice given by the government of your home country and it is your responsibility to acquaint yourself with that information or advice; and
That, for the above reasons you therefore must accept the inherent and increased dangers and risks associated with the proposed adventure expedition and the accompanying risk of injury, death or property damage or loss.
You accept that:
Ice Horizons acts as a professional expedition operator and accepts no liability for the acts or omissions of those third-party expedition operators and providers of goods and services in Greenland or elsewhere; and
Ice Horizons will not be liable for any breach of any law by any person with whom you travel on the expedition; and
You may not rely on any representations concerning the expedition made by Ice Horizons which are not contained in these Terms and Conditions.
22. Release and Waiver of Liability
In consideration of Ice Horizons accepting your booking application and in consideration of you being permitted by Ice Horizons to join the expedition to the extent permitted by law:
You release, waive, discharge, hold harmless and agree to indemnify Ice Horizons and its officers, employees, agents, guides and other representatives in which the expedition is conducted (each of whom are collectively referred to as “Ice Horizons and its employees”) from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the expedition or any activities conducted in conjunction there within to the extent permissible at law; and
Regardless of the situation or circumstances giving rise to the claim you waive any claims you have, or may at any time have, against Ice Horizons and its employees and you agree, by accepting the additional inherent dangers and risks associated with the expedition, not to make any claim against or seek any compensation from Ice Horizons and its employees in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the expedition.
A party will not be deemed to have waived any of its rights or remedies under these Terms and Conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
If any part of a Terms and Condition is illegal, unenforceable or invalid, it is to be treated as removed from the Terms and Conditions, however, the remainder of the Terms and Conditions are not altered.
This contract is between us and you. It cannot be sold, assigned or transferred to any other person by you without prior express written consent of us.
No oral changes, no additions, variations or waiver or any of the contract can be effected unless it is expressed in writing and signed by us.
24. Governing Law
These Terms and Conditions, the expedition, and any dispute or proceedings arising out of such, are governed by the laws of England and Wales. Ice Horizons and you submit to the exclusive jurisdiction of the Courts of England and Wales in respect of these Terms and Conditions any dispute between them.
© Ice Horizons Limited 9 May 2020