1. Rights and obligations between Antarctic Shipping S.A. and each passenger shall be governed by the terms and conditions which are incorporated herein as part of the passage contract and in any unforeseen matter by the applicable Laws of Chile.
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2. Definitions.
Operator : Antarctic Shipping S.A.
Vessel : M/V Antarctic dream or any vessel substituted therefore.
Voyage : means the transportation on the vessel between the places set out in the passage contract.
Passenger : person participant in a voyage under this contract.
Excursion : transportation of passengers during the trip whether by land, water or air from the vessel to any place of touring interest, previously stated. |
3. Substitute of Vessel.
The Operator has the right to substitute the Vessel named herein for another vessel of similar or distinct characteristics, at the port of embarkation or at any other place. |
4. Itineraries
The Voyages stated for 2009-2010 period and their itineraries are the ones published by the company.
4.1 The itinerary before mentioned is subject to change at Master’s vessel discretion. These are trips to remote places and therefore the Operator or the Master’s vessel reserve the right to alter the itinerary, without prior consultations to passengers, at will, due to weather conditions, availability of anchorage, naval operations or demonstrations, earthquakes, strikes, national or international political events with direct effect in the zone of the trip or the happening of any other matter or event, whether of like nature of those above mentioned or otherwise, or any “force major” event, which in the judgment of the Operator or the Master is likely to result in loss, damage or delay to the vessel and or passenger and crew.
4.2 The tariff or ticket value of each trip should be fixed at the value or at the rate of exchange in currency at the date of the departure of each voyage. However, any market alteration that may have a significant impact on the costs on which the passage’s tariff has been fixed, such as, rate of exchange, fuel price or others, the Operator reserves the right, before the vessel departure, to increase the tariff at its sole discretion, being the passengers obliged to pay the remainder.
4.3 The ticket price includes: Transportation, meals and overnight. |
5. Payments and Reserves:
The Operator shall receive from the passenger the whole amount of the ticket price of the agreed voyage, with 90 days in advance from the date of departure. At the time reservation is confirmed the passenger shall pay in advance part of the ticket price as shown below:
“Antarctic Dream” US$ 1.500.- p/p
Currency: All payments must be in US dollars, Great Britain Pounds and Euros. No other currencies will be accepted. |
6. Cancellations and refunds.
All requests for cancellations shall be made in writing. Cancellations received 90 days prior to departure, will be fully refunded less administrative costs: US$ 500 p/p. should cancellations be made after the 90 days limit, all monies are forfeited. If cancellation occurs after the 90 days prior to departure and full payment has not yet been received by the Operator, the full penalty will still apply, and unpaid monies are owed and payable on demand. Insurance: For the above and below reasons passengers are strongly encouraged to obtain trip cancellation insurance.
Tariffs quoted are based on group participation and no refund will be made for any part of the program in which the passenger chooses not to participate. It is understood that refunds cannot be made to passengers who do not complete the trip for any reason whatsoever, and in particular in changing the itineraries set forth in clause 4.1. |
7. Ticket non-transferable.
This ticket is non transferable. The passenger shall not be entitled to transportation except on production and surrender of this Passage Contract Ticket. Should the ticket is not used by the person at whose name the reservation was made and paid the ticket, it shall be void and the passage money may be retained by the Operator, except that the accommodations be sold to others. |
8. Responsibilities.
Please read this information carefully.
The payment of a deposit or any part or full payment for a reservation on this voyage shall constitute consent to all the provisions contained herein. The vessel’s Owner, the Operator its subsidiaries and related companies and/or agents, contractors, subcontractors, associates shall not be held liable for: loss, damages, delays, illness death of or injury to any passenger or to his baggage, personal effects or other property, weather occurring before, during or after embarkation, hotel, travel, transportation on the vessel, aircraft, helicopter, vehicle, car, bicycle or in any other mean of conveyance to carry out the trip, whence-so-ever and howsoever occurring arisen from or be caused by any force major event, collision, stranding, fire for any cause where so ever on board, in craft or on shore, wreck; theft by any person whether in the employ of the Operator or not; faults or errors in the navigation or management of the vessel; embargo, capture, detention, restraint, interference of any sort during navigation, at port or at any place of disembark; legal process; labor troubles of the Operator’s employees, or others; shortage or lack of fuel or facilities of any sort; un seaworthiness at the commencement of the voyage; extension of the voyage; insufficiency or absence of marks, numbers, address or description of the baggage or the occurrence of whatever similar or distinct of those outlined before by way of example, unless be proved that the facts or acts giving rise to the claim are due to Operator’s gross negligence or willful misconduct.
By no means or circumstances the Owner and Operator of the Vessel and their subsidiaries and related companies , agencies or associates, contractors or subcontractors, will de liable for the barratry of the Master and crew of the vessel. |
9. - Right of the Operator to refuse transport.
The Operator will have always the right to refuse to transport passenger, or may land or eject passenger at any port of call, at passenger’s own expense, in the event of any illness, disease, injury, mental derangement, disorderly or vulgar conduct and inadequate or refusal to observe and comply with any regulations which are or may be established on board the vessel for the general comfort or safety of other passengers which renders or may render passenger unfit to proceed, decision that will be taken by the Master or any other officer at command of the vessel at his sole judgment, which is expressly accepted by passengers hereby. Neither the Master nor the officer at command nor the owner nor the Operator nor entities related or associated shall be liable for errors or faults that may be committed by the Master or officer in charge in taken such decision when acting in good faith.
The Operator only obligation facing this situation to passenger shall be to refund a proportion of the tariff paid for the unused portion of this ticket.
All passengers are subject to medical examination if required by the Operator. |
10. Safety Box.
Money, gold and silverware, watches, jewelry, ornaments, cameras and other valuables shall not be carried as baggage; the passenger carries such articles with him at his own risk. However, passengers may request on departure a reasonable amount of space in the vessel’s safety box for depositing such values, ware or jewelry. The owner, Operator, or any of the related companies, associates, contractors or subcontractors shall be liable in case of loss, theft or robbery such values or personal belongings, having not been delivered on due time for their deposit in the safety box of the vessel.
Likewise, the Operator and the other entities before mentioned, shall not be held liable if after 14 days time of the date of disembark no written claim has been raised against the Operator fur such a loss, robbery or theft. |
11. Personnel giving services on board.
If the vessel carries a surgeon, physician, barber, hairdresser, manicurist, shop attendants or any other person given services for passengers comfort and health, that is done solely for passengers convenience and any such person dealing with the passenger shall not be considered in any respect as employee, servant or agent of the operator, owner, related companies or associates, shall not be liable for any act or omission of such person or those under his or her orders, or assisting him or her with respect to treatment, advice or are of any kind given to any passenger or in purchasing their products.
However, if passengers feel sick during navigation due to heavy sea, such as, seasickness or the like, medical assistance will be granted at Operator’s cost. |
12. Agreement.
The purchaser of this ticket, included in the vessel passenger list, covenants and warrants his full agreement with the provisions stated herein and further agreed on that by making reservation, paying the ticket tariff or any part of it or using the ticket shall be binding on it with the same force and effect as if he had signed this contract. |
| 13. Validity. The invalidity of any paragraph or clause of this contract shall not affect or invalidate any other thereof. |
14. Law and Jurisdiction. Any claim, denounce, dispute or cause of action arisen herein shall be governed by the laws of Chile and to the exclusive jurisdiction of the Courts of Chile.
Santiago, October 4th., 2004 |
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