TERMS & CONDITIONS

PLEASE READ OUR TRAVEL CONDITIONS
Please note that the following conditions form part of your agreement with Fox-Challenge (FC) when you apply to join the expedition/trekkingtour. So please read through them before booking.
Please be aware that many of our trips venture into very remote areas, where lack of logistics, unforeseen obstacles and weather may cause delays of days and even in some cases weeks. We will do our utmost to stick to the program, but we must all be flexible.
Safety will always at the centre of our attention and actions, even at the risk of having to halt progress or even call off an expedition at a late stage. FC must insist on having the last word on this matter - your well-being is our primary concern.

01.CONCLUSION OF CONTRACT:
Agreement between the parties shall be deemed to have been concluded upon receipt of the customer's deposit for the actual trip. This payment shall be made with the application or on an agreed date due. Where payment is not made by the date due, FC shall not be bound by the contract.

2. WHAT IS INCLUDED IN THE CONTRACT:
The contract covers the trips as described on the website polarbearexpedition.com and the travel conditions. FC reserves the right to make alterations in the program, provided the customer is informed of these. (this can be a different track because of weather risks or open sea ice).

3. PRICE CHANGES:
FC retains the right to adjust prices in the event of fluctuations in government taxes and / or transport costs and / or the relevant currencies. Any price alterations shall be announced no later than 20 days prior to departure. Where price increases exceed 10% the customer shall have the right to terminate the agreement at no cost to him / herself. The customer shall have a minimum of 3 days to terminate the agreement after notice of such a price increase. (this can happens for the Northpole, Southpole expedition)

4. DEPOSIT:
The deposit is set to € 7.500 for the South Pole / €5.000 for the North Pole / €1500,- for Svalbard / € 1.800, for Greenland and South America / € 1200,- for Arctic trips like Polar Circle on main land.
Medical-, Personal Information- and other Forms from FC local logistic providers must be filled out.

5. PAYMENT TERMS:
The expeditions require long-term planning. Aircraft rental & fuel, the making of runway and camp, food, equipment, permits, insurance, bank guarantees, shipping and blocking transportation vehicles etc must be paid for long in advance. For this reason, the following terms of payment have been stipulated:
The deposit, to be paid on application.
The balance to be paid and received well within 90-180 days before departure (depending on trip and rate). In all cases if application to join the trip is made less than 90 days before departure, the full sum shall be due with the application.

6. THE CUSTOMER'S RIGHT TO CANCEL
OR ASSIGN THE TOUR
6.1 CANCELLATION DUE TO FORCE MAJEURE:
The customer shall have the right to cancel the tour and get a refund of moneys paid if at the destination or in its immediate vicinity, acts of war, natural catastrophes, dangerous communicable disease or other occurrences comparable with these have taken place within 14 days of departure, and there are reasonable grounds for assuming that such states shall also obtain during the tour period. The same applies if comparable problems arise on or along the tour route, and that these pose a material risk to the customer. The right to cancel shall not apply if the customer knew or should have known of such circumstances when he /she entered the tour purchase agreement.

6.2 CANCELLATION CHARGES:
The deposit fee paid for our trips is non refundable.
Private airline tickets and lodging already paid by the participant is not refundable through FC.
If cancellation is made less than 30 days, depending on trip and rate, prior to departure the full program cost is non refundable.
If cancellation occurs within the 30 day period and full payment has not been received, the full payment will still apply and unpaid moneys are due immediately.
If payments are not received by the dates specified in the 'Payment Schedule', FC reserves the right to cancel your booking and withhold return of all payments received unless a change in your payment schedule has been agreed in writing.
Cancellation 90-31 days before the trip, you get 50% of your money back.
Cancellation more than 91 days before the trip, you get 70% of your money back.
Cancellation within the first 14 days after booking, you get 100% of your money back.

6.3 CANCELLATION PROTECTION:
We strongly recommend that insurance be taken out against trip cancellation and interruption costs of this agreement. All insurances shall be paid by the customer. A travel & medical evacuation insurance is mandatory on most trips.

6.4 TRAVEL AND ACCIDENT INSURANCE:
FC will not be liable for any illness, injury or death sustained during an expedition, nor will FC be liable for any uninsured losses of your property.
FCs contractual liability for damages that do not result from injury to life, body or health is limited to three times the travel price, provided that these were not caused negligently. If international agreements or legal provisions based on such agreements apply to a travel service, according to which a claim for damages against the service provider only arises or can be asserted under certain conditions or restrictions or is excluded under certain conditions, FC can also invoke this against the traveler. If further claims arise from international agreements or legal provisions based on these, these remain unaffected by the limitation of liability.
FC shall not be responsible for any injury to person (whether or not resulting in death) or damage to property arising out of any act of war, terrorism, insurrection, revolt or other civil or military uprising occurring in the countries of origin, destination or passage.
Everyone has to take out a personal, extended travel insurance to cover the entire trip from home back to home. It must include medical evacuation if an injury or illness should occur at any part of the trip. Please note that a standard travel insurance does not always cover the regions, altitude or difficulty we shall visit. Participants are responsible for ensuring they have adequate travel insurance.
6.5 ASSIGNATION OF TOUR:
The customer shall have the right to assign the tour to a third party who fulfils all the criteria for participation. The conditions are that PBE has been informed in good time, and that PBE is not restricted by regulations, i.e. permits, visa- and medical requirements, or that the logistic provider, like ALE or Centre Polus, will not accept alterations in their flight plans.

7. RIGHT TO CANCEL
OR ALTER THE TOUR
7.1. TOO FEW PARTICIPANTS:
FC retains the right to cancel the tour prior to departure if there are fewer than the prescribed number of paying customers. Even if there is not the necessary number of participants in relation to the program, FC will still attempt to run the tour. In this case, the tour may be combined with others, or the price may be increased. Such changes shall be made in consultation with the participants. If it proves impossible to run the tour due to a lack of demand, all moneys paid shall be refunded.

7.2 FORCE MAJEURE:
Force majeure, circumstances beyond the operator's control: FC reserves the right to cancel the tour without liability for compensation if the tour cannot be completed because of circumstances beyond FCs control, circumstances which could not reasonably have been expected to be foreseen when the agreement was entered into, and the consequences of which FC could not avoid or prevent. In such cases, FC will refund all moneys for the actual trip except those which are impossible to refund; such as permits, prepaid logistics, used aircraft fuel, hire of aircraft, travel and accommodation, expenses incurred since the start of the journey, goods already used and paid for.
Likewise, FC will not be liable for compensation if the circumstances mentioned above affect the quality of the trip.

8. DEFECTS AND CLAIMS:
Should the customer wish to make a claim for defects, he/she undertakes to inform FC within a reasonable period. Where the defect is discovered after the start of the tour, the customer shall as far as is practicable make a claim on the spot. Notwithstanding, the complaint must reach PBE no later than 2 weeks after the end of the tour, unless special circumstances justify an extension of the time limit.

9. DISPUTE RESOLUTION:
All disputes shall be tried under German law. The place of jurisdiction shall be Berlin, Germany.

10. SIGNING WAIVER:
It is important to emphasize that your trip cannot be compared with normal organized travel, that there are certain known and unknown hazards involved, and that special conditions apply. It is also important to make clear that accidents and injuries can occur and that all parties join at their own risk and participate in the full knowledge of these facts. All participants must sign a waiver stating that they fully understand this and that they participate on this trip at their own risk.

11. USE OF PHOTOGRAPHS AND FILM:
FC reserves the right to advertise our tours on the Internet and in the media. This will often include photographs and videos of participants whose first names may be mentioned. Participants that do not wish to have their photo or name used this way should inform about this beforehand.

12. VISA, PASSPORTS, PERMITS
You are responsible for your guilty permits/visa etc. please check them directly before/after booking.

13. AND LAST BUT NOT LEAST:
Expedition staff, pilots and guides will do their utmost to ensure that any problems arising are solved for the benefit of the group and the expedition/adventures as a whole.
You have a responsibility to follow the instructions and directions given you by the expedition leaders during the trip.
In case of injured participants (up to a special degree of injury), the rescue will be for this person, not for the group. The group will continue the expedition.
If you grossly neglect your responsibilities, cause risk, embarrassment or prejudice to the other client, fellow expedition members or staff, you may not be allowed to participate in, or be barred from, the reminder of the tour, and lose any right to refund from the tour operator. If you are barred after the start of the tour, you will be charged the cost of your return journey, which could be renting a plane to bring you out of the whereabouts / ice. You may become liable to claims for compensation if you willfully or negligently cause the operator loss by, for instance, not abiding by the above-mentioned provisions.
You are personally responsible for the insurances you require (travel, cancellation, accident, medical and evacuation insurance etc). You undertake to keep abreast of departure times and comply with instructions that the operator, carrier, airport etc may give with regard to these. If you fail to obtain a valid insurance or if the insurance for some reason do not cover, the operator cannot assume responsibility for any injury or illness you may suffer during the journey, however caused.
Special for Southpole, Greenland and Northpole:
A general word about air tickets and weather: The tour will take place in a region highly affected by weather, and these trips are based on logistics that are easily affected by poor weather or technical problems. No end date / time can be guaranteed. This might mean that you might not be able to connect with your scheduled flight home. The extra costs will in all such cases have to be borne by you. An open or changeable return ticket is therefore recommended.



Address FC

FC-Mike Fuchs
Hausburgstr. 6
10240 Berlin
0049-178 6883392
hello@fox-challenge.de
fox-challenge.de


Travel insurance:
PBE generally recommends taking out travel cancellation insurance and international travel health insurance, including coverage of repatriation costs in the event of an accident or illness.