Terms & Conditions

EFFECTIVE: January 2021

Please read these Terms & Conditions carefully before booking your trip to ensure you were comfortable with our terms and conditions. By booking any trip with Arctic Bay Adventures, you acknowledge that you have read and understood these Terms and Conditions, and you agree to be bound by these Terms and Conditions.

All participants are required to complete Arctic Bay Adventure’s Reservation and Medical Profiles. The Reservations Forms must be completed at the time of booking and the Medical Profile must be completed within 100 days of the trip’s departure date. Participation on any trip will be declined in the absence of signed and completed Reservation and Medical forms with no refund of payment. No modifications to the terms and conditions or forms will be accepted

1) RESERVATION AND PAYMENT

A deposit at the time of booking is required to confirm your reservation. The amount of deposit will be 20%.

Scheduled Expeditions

20% deposits to confirm the reservation. Final full payment due no later than 120 days before departure.

PAYMENT METHODS

The following payment methods are acceptable for deposits and final payments for all of our trips, up to 20% of the trip.

Deposits:

• Cheques (NOTE: Cheques outside of North America must be certified)
• Money Orders
• Wire Transfers
• Visa/MasterCard – Up to a maximum of CND $1,500 per person
• Credit card payments for scheduled expeditions and some resale trips will be processed in CND dollars.

Final Payment:

• Cheques (NOTE: Cheques issued outside of North America must be certified)
• Money Orders
• Wire Transfers
• Visa/MasterCard

If final payment is not received by the date specified on the invoice, ABA reserves the right to cancel your reservation and withhold the return of all payments received, unless ABA has agreed, in writing, to change your payment schedule.

ABA makes its best to accurately price trips a year in advance. However, due to the complexities of operating trips in the Arctic (including but not limited to political changes, wilderness, weather and logistical issues), trip prices are subject to change at any time. To guarantee that your trip price will not change, final payment must be received at least 120 days prior to departure. Failure to meet the final payment due date may result in a price change.

2) TRIP DEPOSIT, CANCELLATION AND REFUND POLICIES

We spend months preparing and continuously = make non-refundable deposits and material purchases to suppliers, hotels, airlines and staff. Therefore we must strictly adhere to our Cancellations & Refund Policies for all travellers.

2)(a) CANCELLATIONS BY PARTICIPANTS

All requests for cancellations must be received in writing to the following address: Arctic Bay Adventures Ltd. P.O. Box 78, Arctic Bay, NU, XOA OAO or by email to manager@arcticbayadventures.com.

Some trips may have a non-refundable deposit, which is determined at the time of booking.

CANCELLATION

• 75 days before departure: Flight is 100% non-refundable. The trip portion is 100% refundable, less a $50 administrative fee.
• 45-85 days prior to departure: Flight is 100% non-refundable. Trip is 50% refundable less at $50 administrative fee.
• 0-45 days prior to departure: Flight is 100% non-refundable. Trip is 100% non-refundable. Trip is 100% non-refundable.

2)(b) CANCELLATION BY ARCTIC BAY ADVENTURES LTD.

I. BEFORE THE TRIP HAS STARTED

ABA reserves the right to cancel any trip prior to the scheduled departure due to insufficient registration or logistical problems. The trip is deemed to have started at the departure time of the flight north. In the event of ABA cancellation before departure, participants may transfer to another trip or request a refund of all payments in full. In no event shall ABA’s liability exceed the obligation to refund the amount paid to ABA by the trip participant. ABA is not responsible for expenses incurred by trip participants in preparation for the trip (e.g. non-refundable air tickets, visa fees, equipment etc.)

II. AFTER THE TRIP HAS STARTED

In rare cases, Arctic Bay Adventures may need to cancel a trip after it has been deemed to have ‘started’. The trip is deemed to have started at the departure time of the flight north or Day 1 of the trip specific itinerary. ABA reserves the right to suspend or end a trip early for whatever reason, including but not limited to medical emergencies, deteriorating ice conditions, inclement weather, logistical issues, mechanical failures or other force major situations or unsafe environmental conditions. In these situations, ABA is seen to have delivered the agreed upon services and that cancellation is due to circumstances beyond ABA’s control_ No refunds will be given for any reason whatsoever. ABA will assist trip participants in changing their travel arrangements and provide letters for all trip participants to submit to their insurance providers. PLEASE REMEMBER- THIS IS ADVENTURE TRAVEL AND EVN THE BEST LAID PLANS CAN BE FLUID.

3) INCLUSIONS, EXCLUSIONS AND EXTRA PURCHASES

Refer to your invoice for a list of inclusions and exclusions on each trip. ABA reserves the right to make any changes in the itinerary or to substitute hotels, types of camp accommodation, and modes of transport, vessels or guides for those mentioned in our literature. Trip costs do not include additional expenses arriving from the delay or extension of a trip due to weather, political disputes, trip interruption, illness, failure or transportation or other causes beyond our control. Any additional costs incurred during the trip (such as equipment rental, equipment purchase, satellite phone calls, food, lodging, etc.) must be settled in full before the trip is completed. In the event that a trip participant fails to settle his/her account before the completion of the trip s/he will be charged to the credit card on file,

REFUNDS

Refunds will not be given or unused hotel rooms, meals, unused renal equipment, internal flights, missed days due to late arrival or any other modified trip arrangements for any reason whatsoever. Trip costs are quoted as a package and credits are not given for services not used.

SCHEDULED AND CHARTERED FLIGHTS

Tours do not include international airfare or any other flights unless mentioned in the inclusions. Until the tickets are issued, ABA reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations and/or government taxes or levies, or any other reasonable cause_ Full payment must be received by ABA by the deadline specified in the payment schedule to guarantee the reservation. Payment by the trip participant is an acceptance the travel arrangements as requested at the total price quoted. Cancellation fees in accordance with section 2(a) above, will apply if the participant subsequently decides to cancel after a ticket has been issued. Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at ABA’s discretion and may also include additional administrative fees.

ABA strongly recommends flight times and numbers be verified or reconfirmed at least 72 hours prior to departure by checking with the applicable airline. ABA is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Once issued, all airline tickets are non­transferable and are valid only for the dates and routings shown. ABA will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays and ABA will not reimburse for any additional expenses incurred by the trip participant. As a result, ABA will not refund any unused portion of airline ticket purchased in the event of such delays due to conditions beyond its control. For the scheduled flight, the after rules of the airline carrier, including payment and cancellation conditions, apply. Charter flights are at an additional cost unless otherwise stated, ABA reserves the right to change charter flight costs based on fuel surcharges or increased charter hire rates_ We advise all passengers to have flexible travel arrangements upon trip completion if delays arise. ABA ADVISES ALL PARTICIPANTS TO BOOK CHANGEABLE AIRLINE TICKETS ALONG WITH CANCELLATION AND INTERRUPTION INSURANCE. To assist with additional airline change fees. ABA will not be held responsible for any change/cancellations fees due to weather-related delays or any other delays arising from force majeure.

ABA WILL NOT OFFER GUESTS A REFUND IN THE EVENT OF TRIP CANCELLATION OR INTERRUPTION. ABA WILL NOT OFFER GUESTS COMPENSATION IN THE EVENT OF A DELAY OR CHANGE TO A TRAVEL ITINERARY OR ARRANGEMENT.

TRAVEL AND MEDICAL INSURANCE

ABA does not carry health, life, property or injury insurance for our participants. It is your responsibility to ensure your medical insurance covers you for life and health care risks while on our trips, and in addition should provide for transport to your home country or province_ All participants will be required to provide proof of travel medical insurance that includes sufficient emergency evacuation coverage.

ABA will not pay for any expenses incurred for medical reasons. You must be in general good health to participate in our trips. Anyone with medical problems or restrictions must make them known to us well in advance of the trip. A MEDICAL RELEASE IS REQUIRED FROM ALL PARTICIPANTS AND A MEDICAL CERTIFICATION MAY BE REQUIRED. The trip leader has the right to remove any trip participant from the group at any time if considered medically necessary; no refunds will be made under such circumstances. ABA passengers physically unable to complete a trip and assume no liability regarding the provision of medical care.

TRAVEL DOCUMENTS

Participants must have a valid passport for international travel. Participants are responsible for arranging visas or travel permits, if applicable.

PARTICIPATION INFORMATION

Trip participants are responsible for providing correct information regarding personal details_ ABA will not be responsible for costs incurred due to incorrect, incomplete or inaccurate information.

Age Requirements: On all trips, an adult who is at least 18 years of age on the date of first travel (“Adult”) must accompany any trip participants under the age of 18 (“Minors”) / Unless otherwise indicated in the trip discretion, or otherwise by ABA, the minimum age for a trip participant is 12 years. All bookings for trip participants under the age of 18 are subject to review and approval by ABA. If the consent of the parent or any other person is required by applicable law for any Minor to travel, the accompanying adult is responsible for securing all such proper consent and ensuring that s/he and the Minor meet legal requirements to travel on the applicable trip. ABA will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of an adult trip participant to secure such necessary consents, permits, and approvals. Each adult on a trip with any Minor is jointly and severally responsible for the behaviour and well-being of all Minors., and expressly accepts these terms and conditions on their behalf, including all assumptions of risk and limitations of liability contained herein. Each adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minors. ABA and its representatives expressly disclaim any responsibility for chaperoning or controlling Minors.

DECLINED RESERVATION

Should a participant be declined prior to the scheduled departure, ABA will refund all payments received from the applicant less a CND $500 processing fee and this will be the limit of ABA’s liability, and ABA shall not be liable for any special or consequential damages, whether known or unknown, under any circumstance whatsoever. ABA’s decision to decline participation in any trip shall be in its solar and absolute discretion. ABA will not be responsible for any expenses incurred by the applicant or the applicant’s booking agents in preparing for the trip, including no-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees or other trip-related expenses.

BAGGAGE

As flights to the Arctic can be infrequent and our accommodations may be hours or days away from the airport, delayed baggage can be a major inconvenience. If a participant’s warm clothing, camera, scientific or sport equipment doesn’t arrive, it may make it impossible to pursue the intended activities on the trip. In the event of delayed baggage, there shall be no refund for any days spent waiting for it to arrive. Additional lodging, meal, airport taxi and private guiding charges for reunification with the group will be the responsibility of the trip participant if sloe elects to stay in town to wait for the baggage. Additional charges to collect the baggage and bring it to our accommodation are the trip participants’ responsibility.

RIGHT OF ENTRY

Any trip staff member or other person authorized by ABA shall be entitled to enter a participants room or tent to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith

WITHDRAWAL

ABA reserves the right to require any participant to withdraw from a trip at any time if the trip leader deems his or her acts or conduct to be detrimental to or incompatible with the interest, harmony, comfort or welfare of the trip, the person’s health is at risk; if an illegal act is committed; or hi or her behaviour becomes detrimental to the safety, enjoyment or well-being of the group_ Any expenses incurred by a trip participant as a result of removal from a tour will be the responsibility of the trip participant. In such cases, no refund or credit will be payable or due to the trip participant. In the event a trip participant decides that s/he would like to leave the trip early, a fee will be assessed for the staff and transportation costs required for a premature private return. The trip participant would also be responsible for additional lodging, meals, airport transfers and air ticket change fees. Such costs must be pair prior to a departure home.

CAMPS ON ICE

ABA has camp on ice. It is a remarkable place to be with stunning views, mountains and wildlife. Camps on ice are set back a safe distance from the edge of the ice and day trips are conducted to the edge to view wildlife. When selecting a location for the camps on ice, ABA takes many factors into account with the underlying goal of ensuring the safety of guests and staff. Each year sea ice conditions can vary which can result in some years where a camp in only a short distance from the edge or other years it can be far away and require hours of travel over the sea ice to reach the floe edge. Ice conditions can change rapidly during the floe edge season and despite such initial conditions, wind, weather and currents can all of a sudden make a floe edge become further and even inaccessible. Such an event is beyond the control of Arctic Bay Adventures and if it were to occur, the trip itinerary and activities will be modified to reflect the opportunities that exist without an accessible floe edge. In other cases, if ice conditions change over the course of a trip that puts guests, staff and the camp in jeopardy, ABA reserves the right to either relocate camp and if necessary end the trip and terminate the camp.

ACTS OF GOD AND FORCE MAJEURE

In the event of catastrophic events that may preclude air travel, it may be impossible for a trip participant to arrive as scheduled_ Depending upon the severity and location of the event, it may or may not affect other trip participants arriving or the flights booked by ABA. We will make every effort to accommodate trip participants arriving late, however, due to the complex nature of our trips, we make no guarantees that the trip will be held, delayed or extended_ No refunds or credit will be provided. We highly recommend trip cancellation insurance to cover such a scenario.

WILDLIFE ENCOUNTERS

While we do our best, we cannot guarantee that we will see all the wildlife referenced in our marketing materials. Participants must follow the instructions of our guides and staff at all times. If an individual is overly confident, eager or reckless in approaching any wildlife, the trip participant may be withdrawn from the trip at the sole discretion of the ABA trip leader. If an animal is killed as a result of a trip participant not following instructions by ABA staff, a fine per animal may be charged by a wildlife officer, ABA will not be held responsible for payment and any fines or penalties will be the responsibility of the trip participant.

INUIT ANIMAL HARVESTING

We position our trips in areas with large concentrations of wildlife. We are not in a preserve, park, and sanctuary or otherwise protected area. We are in fact in the real Arctic where Inuit have lived for centuries off the land and sea_ We use the most experienced local hunters as guides and occasionally find ourselves in the same ares as local Inuit hunting parties. We support the aboriginal right to hunt as part of lifestyle that has supported Inuit over thousands of years in one of the harshest climates on earth. We enjoy the hospitality of the people of the North and have established valuable relationships of true and mutual respect. Occasionally, on our trips, there may be hunting activity relatively near to our camps. It is forbidden to take photographs unless there has been previously arranged local consent. These images, if improperly used, could cause substantial harm to Inuit and their traditional way of life. Participants should expect to see evidence of hunting within local towns and surrounding areas.

IMAGES AND WILDLIFE

Marketing materials contain photographs that depict typical locations, scenes and wildlife that may be viewed on an ABA trip. Imagery may not be a specific representation of the equipment we may use, wildlife we may see or weather conditions we may experience. The sightings of wildlife on the trip can vary and are not guaranteed,

PHOTOGRAPHY AND MEDIA

ABA reserves the right to take photographs and video footage on trips for internal promotional purposes, which may include photographs and/or video footage of Trip Participants. Trip participants grant ABA a non-exclusive license and right to use, reproduce, publish, sell, distribute, display, or create derivative works, of such photos and videos in any media now known or later developed, at its sole discretion in any publication, broadcast, multimedia production, DVD/CD, display, advertisement or internet publication, worldwide in connection with activities relating to the advertising, marketing, educational, commercial, or business purposes of Arctic Bay Adventures. To refuse permission to use your image for promotional purposes. you must inform ABA in writing prior to departure.

CLAIMS AND COMPLAINTS

If a participant has a complaint against ABA, the participant must inform the trip leader at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, contact the ABA office at +1-867-439-8888 and allow us the opportunity to rectify the matter. If satisfaction is still not reached through these means, then complaint must be put in writing and sent to Arctic Bay Adventures Ltd. P.O. Box 78, Arctic Bay, Nu, XOA CIAO or to manager@arcticbayadventures.com to ABA with receipt confirmed within 30 days of the end of the tour. ABA will not accept any liability for claims received after this time period.

GOVERNING LAW AND JURISDICTION

This agreement and any disputes hereunder shall be governed by and construed in accordance with the laws of the Territory of Nunavut and the laws of Canada applicable therein. In the event a lawsuit is filed, the trip participant(s) agree(s) to do solely in the city of Iqaluit in the Territory of Nunavut in Canada. Upon making an advance payment, or any part of full payment for a reservation for an ABA trip, the undersigned acknowledges and confirms that he or she, having read and understood these Terms and Conditions in their entirety, agrees (i) to be bound by all of the terms hero, (ii) confirms that these Terms and Conditions will be binding on his or her heirs, next of kin, executers, administrators and successors, and (iii) that this is the entire understanding between the participant and ABA and cannot be modified or changed in any way by any statements or representations by the participant or by ABA.

VOLUNTARY PARTICIPATION

You acknowledge that you have voluntarily applied to participate on this trip and that you have read the description of the trip as it appears on the website together with all information contained in this application and the Reservation Form_ You are voluntarily participating in this trip with the knowledge of the hazards involved.

ASSUMPTION OF RISK

You are aware that adventure travel such as that which you are undertaking involves hazardous activities in remote areas of the world with a risk of illness, injury, permanent disability, and death. You are also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which you are participating on the trip. In order to partake in the enjoyment and excitement of this adventure travel trip, you are willing to accept the risks and uncertainty involved as being an integral part of the adventure. You hereby accept and assume full responsibility for any and all risks, known or unknown, including but not limited to illness, injury, permanent disability, death, including risks caused by the negligence of ABA, its affiliates, owners, directors, agents, officers, employees, contractors, subcontractors, or any associate organization and the actions of other trip participants. You certify that you do not have any mental, physical or other condition or disability that would create a hazard for yourself or other travellers and you confirm that you are physically and mentally capable of participating in the activity and willingly and knowingly elect to participate in your travel package in spite of the potential risk of danger. Participants may book far in advance of a trip and Arctic Bay adventure’s terms and conditions may be updated between time of booking and the time of departure_ The terms and conditions in effect upon commencement of the trip will be considered in effect for all those participating in the trip.

LIMITATION OF LIABILITY

ABA purchases (such as airline tickets and taxi), hotels accommodations and other services from various independent suppliers that are not subject to its control. Neither ABA, its affiliates, owners, directors, agents, officers, employees, contractors or subcontractors nor any associate organization shall be held liable for any act, default, injury, (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, even though such act, default, injury, loss, expense, damage, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of ABA, or of any persons for whose acts it would otherwise be responsible, or (b) defect or failures of any aircraft, vessel, automotive vehicle or any other equipment or instrumentality under the control of independent suppliers. In issuing tickets for transportation of the travel by any means and making arrangements for travel, hotel or other accommodations, ABA is not acting as principal but only as agent for the companies, corporations, owner, public carriers or persons providing or offering the means of transportation and accommodation. You further understand that ABA neither owns nor operates such third-party suppliers and accordingly agrees to seek remedies directly and only against those suppliers and not how ABA responsible for their acts or omissions. In no event will ABA be responsible for incidental, consequential or special damage or loss suffered by any person. ABA’s maximum liability, for any reason whatsoever, will be limited to the amount paid to ABA for its service.

24) RELEASE OF LIABILITY

As consideration for being permitted by ABA to participate in its advertisement travel activities, you hereby release, hold harmless and agree to indemnify ABA and its affiliates, owners, directors, agents, officers, employees, contractors, subcontractors, and associate organizations from any and all claims of loss or damage to person or property by reason of injury, disability, death, or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. You agree that neither you, nor any of your heirs, personal or legal representatives, or family members will bring a suit or make a claim for illness, injury or death resulting from the negligence of ABA, its affiliates, owners, directors, agents, officers, employees, contractors, subcontractors, and associate organizations (or supplier of any of the facilities or equipment you will use in these activities) as a result of your participation in this trip.