TERMS AND CONDITIONS
By booking the “White Continent Cruise” offered by The Q Travel Experiences Private Limited (“The Q”), you (for and on behalf of yourself and all other guests/participants for whom you are purchasing the cruise package and whose name is individually shown on the ticket issued by the Q, each of whom shall herein be referred to as the “Guest”), represent your acceptance of these terms and conditions (“Terms and Conditions”) and the terms and conditions, if any, specifically mentioned on the White Continent Cruise’s Ticket. The Scope of Services (“Ponant Scope”) and General Terms and Conditions of Sale (“GTCS”) specified by the cruise liner and the chartered flight operator – Compagnie du Ponant (“Ponant”) and attached as ANNEXURE 1 and ANNEXURE 2 respectively, to these Terms and Conditions, forms an integral part of this Terms and Conditions. In case of any inconsistency between the Terms and Conditions and the Ponant Scope or the GTCS in so far as the same relates to subject matter contained in the Ponant Scope or GTCS, the terms of the Ponant Scope or the GTCS shall prevail over this Terms and Conditions.
The Q’s services in curating the White Continent Cruise is limited to planning and executing the same. Third party service providers such as Ponant, airlines and other independent parties (hereinafter collectively known as “Service Providers”) shall provide various services to the Guest throughout the White Continent Cruise. These Service Providers are independent contractors and The Q shall not be liable or responsible for their acts or omissions and/or Quality of products/services provided by them. In the event of any delay and deficiency in the product/service provided by the Service Provider, the Guest cannot seek compensation or claim damages towards the same from The Q.
During the White Continent Cruise, all Guests must abide by the terms and conditions of the respective Service Providers at all times. The Q will endeavour to provide each Guest with notice of the same, however, it is the Guest’s sole responsibility to make necessary inquiries and comply with such requirements. For the Guest’s ready reference, link to the terms and conditions of Service Providers Ponant
These links are subject to change as per the amendments made by the respective Service Providers and The Q shall not be held liable for the same.
Guests can book their reservation on the White Continent Cruise by completing and signing the booking form after scrutinising and fully understanding this Terms and Conditions, the price and itinerary and making deposit payments towards registration.
Guests shall also have to compulsorily fill-up the forms required by The Q, including the following:
- Identity Form.
- Guest Medical Certificate.
- Medical questionnaire to be filled and signed by family doctor.
- Public Health Questionnaire.
- Insurance Information.
Guest’s should ensure that the forms are submitted at The Q’s office on or before 5th September 2018. If any of the forms are not populated to the complete satisfaction of The Q, The Q at its sole discretion may reject such forms and may require the Guest to populate the forms anew and resend the same for The Q’s review.
Should any Guest’s medical situation change after submitting the above-mentioned forms, it is the Guest’s responsibility to advise The Q towards the same. The Q reserves the right to ask for further information, clarity on information, or for documentation from a Guest or their medical practitioner. The Q reserves the right to deny passage to any Guest on reasonable medical grounds or disembark any Guest at any port or place at any time or transfer the accommodations of or confine to a cabin/room, any Guest who may be suffering from contagious or infectious disease, whose presence, in the opinion of the expedition staff or master of the vessel/camp, may be detrimental to the comfort or safety of the Guest himself, other Guests, the vessel/camp, its officers or crew, or who, in the opinion of the expedition staff or master, might be excluded from landing at any port or place by immigration or other governmental authorities. The costs and expenses towards the same shall be borne solely by such Guest(s). Further, Guests will not be entitled to any refund on the price of any part of it paid by the Guest for the White Continent Cruise.
Guests who register early may choose to pay in installments and follow the schedule mentioned under the Payment Policy. Guests registering for the White Continent Cruise after 5th August 2018 must make full payments towards registration.
Guests may use any of the following options to make payments towards the White Continent Cruise:
- Crossed cheque in the name of “The Q Travel Experiences Private Limited”
- Wire transfer as per details provided by The Q during time of booking.
*Please note card payments will incur an additional surcharge of 2% (two percent).
Prior to making payment, Guests are requested to get in touch with The Q to understand which would be the most suitable payment method for them.
Payments are to be in accordance with the applicable guidelines issued by the Reserve Bank of India and Government of India, and any other applicable law for foreign exchange transactions.
If full payment is not received by the applicable due date, The Q may at its sole discretion treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. However, The Q at its sole discretion may accept late payments after levying delayed payment charges of 18% (Eighteen) percent per annum.
Upon completion of the all the booking formalities by the Guest to the complete satisfaction of The Q, The Q shall issue to each Guest, the complete travel kit including:
- The White Continent Cruise’s Ticket;
- Detailed itinerary; and
- Briefing sheet containing important / emergency contact details for Guests’ further use.
In the event that any Guest fails to supply information required by The Q, The Q also reserves the right to treat the Guest’s booking (or the relevant component of the booking) as cancelled and levy any cancellation fees deemed reasonable by The Q in its sole discretion. The Q will not be held responsible for any feed/penalties incurred by Guest as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information such Guest has provided.
Except as provided in Point 17, Guests may not sell or transfer their Ticket to any other person. The Q shall not be liable to make any refund to Guests for lost Tickets or Tickets wholly or partially not used by a Guest. The terms and conditions shall apply to the White Continent Cruise Ticket and any subsequent amendments and/or modifications thereto, equally apply to and are binding on the Guest, their spouse, heirs, executors, administrators, personal and legal representatives, dependents and next of kin. The Guest represents and warrants that, in circumstances where The Q permits him/her to sign on behalf of all other Guests travelling with him/her, he/she is duly authorized by and on behalf of all other Guests (including minors) named on the Ticket to agree to all of the terms and conditions of the Ticket and to bind all such Guests to such terms and conditions. In cases where the Guests belong to more than one family under a single form, if so permitted by The Q, it can be signed by the head / authorized person of each family and the same shall be construed as acceptance of a contract for and on behalf of all the Guests booked
Guests must have:
- Completed 5 (years) of age as of 28th December 2017;
- A passport valid for a minimum of 6 (six) months;
- International certificates of vaccination;
- Travel related clearance from their family doctor;
- Comprehensive travel insurance coverage of a minimum of 5,00,000 USD. Due to the remoteness of the areas which the White Continent Cruise covers, Guests must have a comprehensive travel insurance to cover:
- • All travel expenses including trip delays / cancellation / curtailment / personal baggage;
- • All medical expenses including evacuation / repatriation;
- • Personal liability / death / permanent disability; and
- • Travel document insurance.
- Performed administrative and/or health formalities required by the countries concerned by the Services (as defined in ANNEXURE 2) provided by Ponant, including those formalities disclosed by Ponant and viewable on the www.ponant.com website, prior signing the Contract (as defined in ANNEXURE 2);
- Contacted their relevant embassies and/or consulates (specifically Guests who are foreign nationals) and performed the administrative and/or health formalities required by the countries concerned by the Service, prior to signing the Contract. The Q shall not be held responsible for the consequences of a Guest failing to comply with police, customs, or health formalities prior to or during the length of the Services under any circumstances. The Guest who is unable to board the L’Austral or any flight towards the White Continent Cruise because they cannot present the documents required may not claim any refund or compensation; and
- Checked all the information with the authorities concerned prior to the departure date. The Q advises Guests to consult the country factsheets relating to the chosen destinations prepared by the French Ministry of Foreign Affairs on the http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs website, or to make enquiries by telephone (+33 1 43 17 53 53, French Ministry of Foreign Affairs). The Q specifically draws Guests attention to the fact that the information provided may change up until the departure date, and they are advised to consult that information up until the time of departure. The Q invites Guests to adjust their behaviour to the visited country, to exercise vigilance and to avoid carrying valuable objects during their travel.
- Guests under the age of 18 (eighteen) as of 28th December 2018 shall be considered as minors and shall at all times be accompanied by an adult.
- Accompanying adults are responsible for securing all consents, documentation and ensuring that they themselves and the minors meet all legal requirements towards embarking upon the White Continent Cruise.
- Accompanying adults shall at all times be jointly and severally responsible for the behaviour, wellbeing, and supervision of the minors travelling with them, including while on board and/or during excursions and shall accept these Terms and Conditions for and on behalf of any minors on their booking, including all assumptions of risk and limitations of liability. Accompanying adults authorize and consent to the minor sailing on the White Continent Cruise and waive, discharge, hold harmless and agree to indemnify The Q from any and all claims, actions, costs or expenses (including reasonable attorney’s fees) incurred, for medical diagnosis, treatment and care of the minor and emotional injury, bodily injury, property damage, wrongful death suffered by any person or entity, including, but not limited to, other Guests, The Q, its employees and L’Austral due to any act or omission of the minor(s) during the White Continent Cruise whether intentional or not.
- Parental consent form duly signed by a parent or a legal guardian is compulsorily required to be submitted in case the accompanying adult is not the parent of the child.
- Children under 5 (five) years of age shall not be authorised to embark on the White Continent Cruise. Children aged over 5 (five) and under 8 (eight) may only embark on the White Continent Cruise on presentation of embarkation authorisation, which shall preferably be requested as soon as the child is registered as a Guest, and issued against a release, and which must be presented at the time of embarkation in all cases, failing which The Q and/or Ponant shall not be able to admit the child on board. Children under the age of 8 (eight) years shall not be allowed onto the Zodiacs during the White Continent Cruise. 1 (one) parent/accompanying adult shall have to stay back on the L’Austral with the minor at the time of the Zodiac outings and Guests are advised to plan accordingly. It is hereby clarified that The Q shall not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
- In the case of all the expeditions during the White Continent Cruise, children must be fully independent during all the outside activities organized and during disembarkation in rubber dinghies, be sufficiently tall to sit on the inflatable sides of the dinghies and old enough to understand and immediately respond to the orders given by the persons in charge. As a result, children’s participation in any activity in an inflatable dinghy shall be subject to the agreement of the Captain and of the Expedition Head, depending on the sea conditions, and the difficulty of disembarking at each location visited
- Pregnant ladies who have entered their 24th (twenty-fourth) week of pregnancy
- Persons with restricted mobility.
- Children below 5 years of age.
- Persons with chronic heart problems.
- Persons on heavy medication of any kind.
Pets and other animals are not allowed on the White Continent Cruise.
All rates communicated to the Guest are applicable per Guest (unless otherwise specified) and are inclusive of service tax. Rates are quoted in toto for all the arrangements undertaken for the White Continent Cruise and The Q shall not be able to provide Guests with a break-up of the same. Rates are quoted in Indian Rupees and for Guests making payments in foreign currency, conversion amount as on the date of making payment shall be applicable.
Surcharges – Rates are subject to applicability of surcharges, if any, and the same shall be payable by the Guest. Surcharges may be incurred in connection with, including but not limited to, tariff, fluctuation in currency exchange rates, increases in product prices, fuel levies, scheduled airfares, hotel and ground transportation charges, departures fees/taxes, entrance fees and any other increases in connection with the White Continent Cruise.
The cruise package shall be inclusive of:
- Meet and Greet by representatives of The Q at the destination airport, transfer to and/or from the L’Austral and other services before and after the White Continent Cruise according to detailed programs available upon request 1 months prior departure;
- All the flights indicated and included in the White Continent Cruise package which shall be in economy class;
- Gratuities to onboard crew, local guides and drivers;
- Complimentary boot rental.
Guest hereby agree that losses sustained by The Q in the event of Guest’s cancellation would be very difficult or impossible to quantify and that the fees set forth in the Cancellation Policy below represents a fair and reasonable assessment as liquidated damages since a cancellation likely means a diminished opportunity to sell the same space.
The Q will accept cancellation requests in writing only. The computation of cost for the purpose of cancellation commences when the written request is received at The Q’s office on a working day within working hours.
Charges are payable by the Guest for request of cancellation received (find the cancellation policy document in the below section).
Refunds shall be interest free and will be paid directly by The Q through the mode of payment by which the Guest had forwarded the money to The Q at the time of the booking. In case payments have been made in multiple tranches via different modes, refund shall be processed as per the mode decided by The Q. It shall take at least 45 (forty-five) days to process the request for refunds. In case of refund of foreign currency component, the said refund shall be made in Indian Rupees only at the prevailing buying rate on the date of refund.
NO REFUND shall be payable in case the Guest does not utilize any of the services (e.g.: meals, drinks, excursions, adventure options etc.) included as part of the White Continent Cruise and no such claim or refund shall be entertained in any manner whatsoever.
Further, NO REFUND shall be payable in case the Guest who does not present themselves at the departure of the White Continent Cruise, or who finds themselves unable to depart, or not to depart for any reason whatsoever, including due to a connection delay, no such claim or refund shall be entertained in any manner whatsoever.
Once the White Continent Cruise has begun (inclusive of the chartered flight from Buenos-Aires to Ushuaia), the Guest shall be required to pay the full price of the White Continent Cruise Ticket, regardless of the reason that may lead them to decide to waive it.
However, in the event where the Guest is prevented from taking the White Continent Cruise by a force majeure event, or due to their death, the Contract shall be terminated via the notice provided by the Guest or their beneficiaries prior to the execution of the Contract. One quarter of the price of the Contract shall then be payable to The Q as cancellation charges. The same conditions shall apply to the family members of a Guest who was prevented from taking the White Continent Cruise by a force majeure event or who has died, and who were meant to be travelling with them.
All adventure options MANDATORILY require a signed Adventure Option Waiver (accompanying adults shall be required to sign the Adventure Option Waive for and on behalf of the minor authorizing and consenting to the adventure options), which will be sent to the Guest prior to the activity commencement. The expedition staff reserve the right to deny participation to any Guest who has not signed the Adventure Option Waiver, does not follow the rules set out by expedition staff or is reasonably deemed not medically/physically able to participate safely. For the avoidance of doubt, providers of any such adventure options are independent contractors and The Q shall not be held liable for any act, default, injury (including emotional injury, injury to person or property, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any Guest or their property, howsoever arising, which may occur or be incurred by any such provider.
Guests who have registered for other pre and post travel options shall continue to be bound by this Terms and Conditions. Reservation and payment and Cancellations and refunds towards pre and post travel shall be as mentioned in Point 2 and ANNEXURE 1 and ANNEXURE 2 respectively.
Pre- and Post-cruise programs, pre bookable tours and shore excursions are performed by independent suppliers who are not employees of the The Q. In this respect, The Q shall act only as an agent and shall not be held liable for said services or for the acts or omissions of sub-contractors or other contractors. The Guest agrees that The Q shall act as agent and/or trustee for any person including ground and maritime agents and subcontractors, who provide any service forming, or in connection with, any part of the White Continent Cruise.
Hotel accommodations are based on 4 and 5-star rated hotels. Official check-in time is 4 pm, check-out time is 11 am unless early check-in or late check-out supplement are paid.
The Q reserves the right to cancel or change any service prior to departure. Affected Guests will be offered an alternate trip to re-book. However, if the affected Guest does not wish to go ahead with the alternative trip, The Q shall refund to such Guest any payments made to The Q with regards to the White Continent Cruise without further obligation on The Q’s part. However, please note that in the event of cancellation, The Q will not be responsible to refund any additional costs (such as additional travel/accommodation costs, goods brought for the White Continent Cruise etc.) that may have been incurred by the Guest in relation with the White Continent Cruise.
Due to the nature of the White Continent Cruise, weather conditions may delay or require a cancellation of the entire cruise or any part of the cruise. If embarking is not successfully completed after 4 (four) days of attempts to embark on the cruise, The Q has the right to interrupt the entire cruise and will offer Guests a full refund on the cruise price. The Q reserves the right to extend the final attempt day if weather conditions are improving. No refund will be provided if the embarking is successfully completed regardless of which day of the itinerary it was executed.
International airfare, domestic airfare, any additional services purchased or change fees incurred by the Guest towards the White Continent Cruise, will not be refunded by The Q. The Q will provide a cruise interruption letter to be submitted by the Guest to their insurance company for airfare, change fees, and other expenses incurred due to the cruise interruption. The Q will issue the cruise price refund back in the same form/medium in which payment was received.
All amendments to bookings must be submitted in writing and must be informed to The Q before 90 (ninety) days prior to commencement of the White Continent Cruise.
Guests only have the option of transferring their reservation on the White Continent Cruise and the White Continent Cruise Ticket to a third party who shall fill the same conditions as the Guest to perform all purchased services. Guests shall be charged an administrative fee of 250 US Dollars towards such transfer.
However, please note that once the Guest has made a booking for the White Continent Cruise, the Guest does not have the option to transfer the booking to ANY other alternate trip.
By booking the White Continent Cruise and by boarding the L’Austral and/or the chartered flight from Buenos-Aires to Ushuaia, whichever is earlier, the Guest represents and warrants that they are physically and otherwise fit to travel, and that the Guest will comply at all times with applicable rules and regulations of the L’Austral and/or the chartered flight from Burenos-Aires to Ushuaia and orders and instructions of the L’Austral’s and/or the chartered flight from Burenos-Aires to Ushuaia’s officers and/or medical staff. The Q reserves the right without liability to require a Guest to disembark and / or to refuse to board and transport a Guest who, in the judgment of The Q or the L’Austral’s master or representatives of the chartered flight from Burenos-Aires to Ushuaia, is unfit to travel or may require care beyond that which The Q, the L’Austral and/or the chartered flight from Burenos-Aires to Ushuaia is reasonably able to provide.
Pregnancy: At the time of booking, expectant mothers are required to supply a medical certificate establishing their fitness for travel at the time they are due to travel. The Q is unable to accommodate women who have entered their 24th (twenty-fourth) week of pregnancy and will not be responsible or liable for any complication relative to any pregnancy during the entire duration of their White Continent Cruise (inclusive of the chartered flight from Buenos-Aires to Ushuaia) or during the pre and post travel, if applicable. Additionally, airlines may have restrictions that may differ from The Q’s. Guests should contact their travel professional or airline towards the same.
Disabled person and person with reduced mobility:
- Due to safety requirements, every Guest must be independent, or travel with a person who is capable of providing them with all the assistance required during the entire duration of their White Continent Cruise (inclusive of the chartered flight from Buenos-Aires to Ushuaia).
- Guests whose mobility is restricted due to a physical disability or any condition that requires special treatment and/or special assistance, including people who use wheelchairs, must inform The Q in writing at the time when they make the booking request, or as soon as the Guest becomes aware of their disability if that disability occurs following the booking, but in any event at least 30 (thirty) days prior to the beginning of the White Continent Cruise, in order to enable The Q to confirm to the Guest that they will be physically able to enjoy the White Continent Cruise on board the L’Austral and/or the services agreed, inter alia.
- The Q, and/or the Captain reserve the right to refuse access to Guests who have failed to inform The Q or Ponant about a disability or their need for assistance, if such disability and need are not compatible with the applicable safety rules and the specific regulations for the navigation area, or require care that The Q and/or Ponant would not be in a position to provide, or if the design of the passenger ship, and the port infrastructure and facilities, including port terminals, make the embarkation, disembarkation, or transportation of the person concerned under satisfactory safety conditions impossible.
- Going ashore may be difficult or even impossible for Guests with restricted mobility, or disabled guests, especially in the event of disembarkation in launches or/and excursions in dinghies.
- After the receipt of The Q’s written agreement, Guests who use a wheelchair must embark with their own wheelchair, and must absolutely be accompanied by a person who is capable of assisting them at all times during the White Continent Cruise (inclusive of the chartered flight from Buenos-Aires to Ushuaia), as The Q may be unable to offer special assistance. Every disembarkation shall nonetheless be subject to the approval of the Captain.
- The L’Austral has three cabins that are specially equipped to receive disabled persons, or persons with restricted mobility. Please note that the Le Ponant yacht specifically does not allow access to persons with restricted mobility or disabled persons due to a different design.
Medical services on board: The L’Austral is equipped with a medical centre, which is customarily staffed by a doctor and a team of 3 (three) / 4 (four) nurses on 24-hour call when at sea. When docked, supplementary emergency care may also be obtained through local medical facilities. Guests may be charged for medical services and for medications used for their medical treatment. The medical centre is not intended or designed to provide ongoing treatment of pre-existing conditions or for extended critical care, and The Q is not responsible for the diagnosis, treatment or services furnished by shipboard medical personnel.
Prescription Medication: For Guest’s convenience and wellbeing, it is important that the Guest brings a sufficient supply of any prescription medicine that Guest may need. To prevent delays in clearing Customs, it is also a good idea to travel with a doctor’s letter explaining that Guest’s prescription medication is required for the Guest’s continued health. It is also pertinent that the medicine remains in its original container with the original pharmacy label intact.
Special Medical Conditions: If Guests have any existing medical condition that may require attention, or should Guest require oxygen for medical reasons whilst onboard, Guest should send written notification prior to the White Continent Cruise to firstname.lastname@example.org. Please note that an oxygen concentrator is the only form of oxygen equipment that the L’Austral can accommodate.
To ensure that their journey and cruise embarkation run smoothly, Guests should bring along all required travel documents, including but not limited to the ones mentioned below:
- Chartered flight and the White Continent Cruise tickets.
- Valid passport.
- Valid Visas.
- Medical card inoculation verification.
- Yellow fever vaccination certificate.
- Any public health documents required for applicable ports and to comply with all custom requirements.
Please be aware that security measures imposed by overseas governments may change from time to time. The Q will endeavour to provide each Guest with notice of measures that may affect them, however, it is the Guest’s sole responsibility to make necessary enquiries and comply with such requirements and secure all relevant documentation for the cruise. If any Guest fails to obtain and to have such documents readily available, that Guest may be denied boarding and accommodation, or the Guest may be disembarked during the cruise.
Guests may bring on L’Austral, luggage limited to a [maximum of 20 kgs/44 lbs per person (inclusive of hand luggage with is limited to a maximum of 8 kgs/17 lbs)]. However, in case this maximum limit is exceeded, Guests shall be fully responsible for any/all L’Austral baggage restrictions/fees imposed on them. Under no circumstances may dangerous items (including but not limited to weapons, flammable liquids, explosives, firearms, combustible or illegal substances etc.) be brought on the White Continent Cruise. If any dangerous items are found, they may be confiscated and disposed of by the respective Service Providers at their sole discretion and no compensation towards the same will be provided to the Guest. Further, The Q disclaims all responsibility/liability in this regard. Also, The Q shall not be responsible for loss or damage to luggage or any other personal item that may occur any time during the White Continent Cruise, including but not limited to, while the Guest is participating in the cruise programmes or shore excursions.
On the chartered flight from Buenos Aires operated by Ponant, the maximum hold luggage allowance is 23 kgs/50 lbs (subject to confirmation by the selected airline carrier) and 5 kgs/11 lbs for each item of luggage in the cabin. Guests are advised to pay close attention to this restriction. Airline carriers do not hesitate to charge additional fees for excess baggage, and sometimes refuse to check luggage that is too heavy or too bulky due to strict security rules. The liability of The Q and of Ponant cannot be engaged in the event of refusal to check in a Guest due to the fact that their luggage exceeds the allowance.
In respect to luggage on airline carriers; the usual baggage allowance on regular international flights (excluding the benefits granted to members of loyalty programmes) is strictly limited to a maximum of 23 kgs/50lbs in the hold and 8 kgs/17 lbs in the cabin per member. On regular domestic flights, the allowance usually ranges between a maximum of 15 and 20 kgs/33 to 44 lbs in the hold.
The Q at its sole discretion may extend to the Guest, in relation to the White Continent Cruise, any discounts / promotional offers. However, The Q has the right to limit, withdraw or change any and/or all discounts and promotions without notice and/or compensation. Further, discounts / promotional offers may be extended to the Guest by the respective Service Providers on the White Continent Cruise. However, The Q expressly disclaims any responsibility or liability towards the same.
Air carriage (chartered flight) embarkation rules:
- Guest should arrive at the airport for chartered flight from Buenos Aires to Ushuaia atleast 2 (two) hours prior to the time of the chartered flight’s departure time or at the time mentioned in Guest’s final cruise documents, whichever is earlier. Once Guest arrives at the terminal, Guest will be asked to show their White Continent Cruise documents and their passport. Guest should keep all necessary documents handy throughout the White Continent Cruise embarkation process;
- If Guest feel that en route to Buenos Aires, their flight will be delayed beyond the chartered flight’s departure time, Guest should contact The Q immediately to inform them about the same. If connections are not getting through, Guest should contact the L’Austral directly on the provided contact number. Guest may dial L’Austral directly by using a credit card;
- In case a Guest is delayed, the chartered flight shall only wait depending upon the air traffic conditions and permission granted from the airport authorities at the time of scheduled departure. If Guests have not arrived by then, the chartered flight shall take-off for Ushuaia and the Guest shall have to arrange for another alternate flight to reach Ushuaia on their own. The Q shall not be held responsible or liable towards the same;
Sea carriage embarkation rules:
- The Guest must present themselves for the embarkation under the conditions determined by the Ticket (as defined in ANNEXURE 2), and at least 2 (two) hours before L’Austral’s scheduled departure time;
- Ticket includes the transportation of Guest and their luggage from the time when they embark at the port of departure to the time when they disembark at their destination;
- If a Guest who has registered for the White Continent Cruise solely on a port-to-port basis, organizes their own air or ground transport to the port of embarkation and/or to their home address, they are strongly advised to purchase changeable and refundable Tickets, and to allow for reasonable transfer times between the station, the airport, and the port. In the event of a delay, cancellation or change, The Q shall not be responsible for the transport and transfer expenses and/or for any other kind of amenities and services not included in the White Continent Cruise Ticket that were not directly purchased from The Q. The Q shall not be responsible for any incidents or accidental damage to equipment and/or bodily injury that may occur during travel to and/or from the L’Austral.
General embarkation rules:
- Every Guest shall guarantee that they are fit to travel by sea, and that their state of health or behavior shall not harm the other Guests or the proper performance of the services agreed and/or proposed. If a Guest’s state of health is likely to limit their ability to enjoy the services agreed, or to disrupt the proper provision of those services, they must inform The Q, and must provide a medical certificate certifying their fitness on request. Any health problem, if known, must be mentioned to The Q’s medical department in writing when signing the contract or before the departure of the L’Austral (or prior to the beginning of the White Continent Cruise) at the latest;
- Guests shall be responsible for Doctor’s appointments, medical care, and medication on land or on board the L’Austral. All Guests must ensure that they are covered by an appropriate medical insurance policy;
- In the event of the threat of an epidemic, the Ponant, The Q, the Captain, or any other local health authority may demand that the Guest fill in a health questionnaire and take a screening test, where applicable, before or at the time of embarkation or disembarkation, including during port calls;
- In the specific case of Expedition Cruises, where medical facilities are several days away by sea, a mandatory full medical questionnaire (a document provided on signing the contract) must be filled in by the Guests referring attendant physician between 90 (ninety) and 45 (forty-five) days prior to the beginning of the Services, and must be returned to The Q by mail or e-mail within 40 (forty) days prior to the beginning of the Services at the latest. Any medical certificate issued prior to the determined period shall not be valid. Any Guest who has not returned their duly completed mandatory medical certificate shall not be allowed to embark, and shall not benefit from any refund;
- Guest must comply with the rules on board throughout the White Continent Cruise (inclusive of the chartered flight from Buenos-Aires to Ushuaia). Guest are required to attend any safety demonstrations and explanations that are organized on board, and to follow the crew’s instructions at all times;
- If they consider it necessary, The Q, Ponant and/or the Captain may terminate the Contract and refuse to carry any Guest who does not comply with the conditions for entering into the destination ports, or whose presence on board could be harmful to the comfort, health, and safety of the other Guests and the crew, breach the laws and rules of the ports where the ship calls, or render The Q liable for the Guests legal defense or repatriation. Accordingly The Q, and/or the Captain may decide to take the following appropriate measures: 1) Refuse to allow the Guests to embark or disembark in any port that the ship calls at; 2) Disembark the Guests at any port that the ship calls at; 3) Transfer the Guests to another ship; 4) Confine the Guests on board, in their cabin, or in a cabin managed by the on-board medical team; and 5) Have the doctor and their team administer any drugs, medications, or other permissible substances, and/or confine the Guest in hospital or in any other similar facility at the port of destination if the on-board doctor considers it necessary.
In consideration of the services and arrangements provided by The Q, the Guests, for themselves and for their heirs, executors, personal representatives or permitted assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify The Q, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for emotional injury, bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during Guest’s travel in connection with the White Continent Cruise and any activities conducted in conjunction therewith and shall include, without limitation, any acts and omissions whether negligent or otherwise of any of the Service Providers, any loss caused by breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances, equipment, furnishings, supplies or officers or crew of the vessel/camp or its launches or watercraft; fault or neglect of the Master, tugs, officers or members of the crew, agents, servants, independent contractors; Quality, nature or consequences of medical or surgical treatment; any loss, damage or delay arising from inherent defect, or vice or quality of the Guest’s baggage or from the insufficiency, inadequacy of absence of baggage marks or of address or description of such baggage; any loss or damage caused by delay in, or prevention of sailing, prolongation of the expedition, deviation or stoppage in transit, or from any calls at ports or variations from the scheduled or regular course of the expedition; seizure of the vessel/camp under legal process; any act, omission, fault or negligence of the Guest or fellow Guests. GUEST SPECIFICALLY UNDERSTANDS AND AGREES THAT THEY ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT GUEST MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS, OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS OR AFFILIATES OF The Q.
Notwithstanding anything to the contrary contained in this Terms and Conditions, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of The Q in respect of the White Continent Cruise and this Terms and Conditions Agreement and/or any other prior agreement shall at all times, regardless of the form of claim, be 10% (ten percent) of the amount paid to The Q by the Guest for the White Continent Cruise.
The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
Guest understands and acknowledges that the Guest’s travel in connection with and participation in the White Continent Cruise by The Q, especially in the company of minors below the age of 8 (eight), may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. Guest also realizes and acknowledges that risk and dangers may be caused by the negligence, fault or wrongdoing of The Q or of other Guests, Service Providers, contractors and/or subcontractors to The Q. Guest also recognizes and acknowledges that risk and dangers may arise from foreseeable and unforeseeable causes. Guest fully understands and acknowledges that the aforementioned risks, dangers and hazards are a potential in connection with the Guest’s travel and recreational activities which may take place during the White Continent Cruise.
By traveling with The Q, Guest acknowledges that Guest has considered all potential risks to health and safety and agrees to take all prudent measures in relation to Guest’s own safety and the safety of the minor accompanying the Guest while on the White Continent Cruise. Guest hereby assume responsibility for all such risk and releases The Q from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in itineraries or otherwise offered by The Q. Guest must at all times strictly comply with all applicable laws and regulations of all countries and regions and applicable terms and conditions/rules and regulations of the Service Providers. If the Guest fails to comply with the above or commits any illegal/immoral acts when on the White Continent Cruise or, if in the opinion of The Q, Guest’s behaviour is causing or is likely to cause danger, distress or material annoyance to others, including but not limited to instances of drug/alcohol abuse by the Guest, The Q may terminate Guest’s arrangements in relation to the White Continent Cruise immediately at the Guest’s expense and without any liability on The Q’s part. Guest will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of Guest’s travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals. Guests are responsible for any costs (including repair, replacement and cleaning fees) incurred by The Q or The Q’s Service Providers for property damage, destruction or theft caused by Guest while on the White Continent Cruise.
The Q will not be held responsible for circumstances beyond its control and arising out of natural calamities, flood, act of God, perils of the sea, harbours, rivers, or other navigable waters, epidemic, collision, stranding, fire, technical problems with transport including but not limited to faults or errors in navigation or management of any vessel/camp, breakdown in facilities, accidents etc. however caused, seizure of the vessel/camp under legal process, any abrupt or unexpected increase in the cost of fuel or shortage of fuel, act of any governmental or ruling authority, war, hostilities, physical unrest, riots, delays, strikes or labor stoppages, port or airport closure, civil disturbances, terrorist activities (threatened or actual), or any other cause or circumstance beyond The Q’s responsibility or control. Any additional costs accrued in this regard will be the responsibility of the Guest.
Upon any dispute, claim or controversy arising out of, in relation to or in connection with this Terms and Conditions including in relation to the existence or validity hereof or the breach, termination or invalidity hereof, the Parties shall first attempt to resolve such dispute, controversy or claim through good faith consultations. If the dispute, claim or controversy is not resolved through good faith consultations within 30 (thirty) days after a Party has delivered a written notice to another Party requesting the commencement of consultation, then the dispute, claim or controversy shall be finally settled through arbitration by the fast track procedure as specified in section 29B of the Arbitration & Conciliation Act, 1996 by a sole arbitrator mutually appointed by the Parties. The seat of arbitration shall be Mumbai. Any arbitration award arising out of the procedure specified hereinabove shall be final and binding and no party shall challenge the same on any ground that is capable of being waived in law. For the avoidance of doubt, parties agree to waive any right to lead oral evidence and shall be precluded from raising any issues regarding the same post dispute. For the purposes of clarity, it is stated that, the initiation of good faith consultations as mentioned hereinabove, shall not bar or preclude a Party from initiating arbitration and/or seeking interim reliefs during the aforementioned 30 (thirty) day period.
The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996 which shall be conducted in English. The venue and seat for arbitration shall be Mumbai.
This Terms and Conditions will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction.
Subject to Point 27 save as otherwise provided, these Terms and Conditions of The Q shall be governed by the substantive laws of India and shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
The governing law and jurisdiction in relation to all services mentioned in the Ponant Scope, GTCS, and any other services availed by the Guest directly from Ponant at any time during the White Continent Cruise (inclusive of the chartered flight from Buenos-Aries to Ushuaia) shall be as mentioned respectively therein.
This Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on the Guest’s own behalf instead of through any class action. Even if the applicable law provides otherwise, the Guest agrees that any legal action against The Q whatsoever shall be brought by the Guest individually and not as a member of any class or as part of a class action, and the Guest expressly agrees to waive any law entitling Guest to participate in a class action.
No legal proceedings against The Q for whatever reason with respect to the White Continent Cruise be filed, unless undertaken:
- in case of bodily damage or damages other than that to luggage – within 30 (thirty) days from the day when the Guest disembarks.
- for material and/or bodily damages – within 30 (thirty) days from the day when the Guest disembarks.
If any part of this Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that part of these Terms and Conditions will be deemed severable and will not affect the validity and enforceability of any remaining part of these Terms and Conditions.
Guest agrees that, while participating in the White Continent Cruise, images, photos or videos may be taken by other Guests, The Q or its representatives that may contain or feature the Guest. The Guest consents to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to The Q, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any obligation or compensation payable to the Guest.
Guests who do not wish to be photographed during the White Continent Cruise must inform The Q in writing prior to the White Continent Cruise.
All information provided in this Terms and Conditions is credible and has been verified at the time of publication. However, certain facilities mentioned herein are subject to local conditions during the cruise and The Q shall not be held responsible towards the same. Maps are not to scale and are shown for general information.
This Terms and Conditions along with its annexures encompasses the entire agreement between the Parties to these Terms and Conditions in relation to the White Continent Cruise.
- Words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
- The obligations of the parties travelling together arising out of and under these Terms and Conditions shall at all times be joint and several.