TERMS AND CONDITIONS

Icebird Expeditions – Antarctic Yacht Experience

• Yacht: Icebird

• Duration: Approximately 6 Days

• Location: Antarctic Peninsula Region

• Transfer: From and return to Partner Cruise Vessel

These Terms and Conditions (“Agreement”) govern participation in the Antarctic yacht experience operated by Icebird Expeditions (“Owner”) aboard the sailing yacht Icebird (“Yacht”), in partnership with Terra Nova Expeditions (“Cruise Operator”).

By embarking on the Yacht, each participant (“Client”) agrees to be legally bound by these Terms and Conditions.

1. Nature of the Experience

1.1 The experience consists of an approximately six (6) day voyage aboard the Yacht within the Antarctic Peninsula region.

1.2 Clients will transfer from a Cruise Operator vessel to the Yacht in Antarctica and will return to the Cruise Operator vessel at the conclusion of the experience.

1.3 No Drake Passage crossings are included.

1.4 No technical mountaineering, ski touring, glacier travel, or extended remote expeditions are included.

1.5 Activities may include sailing, wildlife observation, photography, and short guided shore landings, subject always to weather, sea, and ice conditions.

2. Independent Contractor Relationship

2.1 Icebird Expeditions is an independent operator and is not owned, managed, or controlled by the Cruise Operator.

2.2 The Cruise Operator acts solely as a booking and transfer partner unless otherwise stated in a separate agreement.

2.3 The Owner is solely responsible for the operation of the Yacht.

2.4 The Cruise Operator is not liable for acts, omissions, or negligence of the Owner, its crew, or agents.

2.5 The Owner is not liable for acts, omissions, or negligence of the Cruise Operator.

3. Authority of the Captain

3.1 The Captain of the Yacht has absolute and final authority over all operational, navigational, safety, and itinerary decisions.

3.2 The Captain may modify, curtail, or cancel any activity or landing due to weather, sea state, ice conditions, mechanical considerations, safety concerns, wildlife protection requirements, or regulatory compliance.

3.3 No specific landing site, wildlife encounter, or itinerary element is guaranteed.

4. Assumption of Risk

4.1 The Client acknowledges that Antarctica is a remote, extreme, and inherently hazardous environment.

4.2 Risks include, but are not limited to:

Sudden weather changes

Slippery decks and icy terrain

Small boat transfers

Wildlife encounters

Limited medical facilities

Delayed evacuation

4.3 The Client voluntarily assumes all risks, known and unknown, associated with participation.

5. Medical Fitness and Insurance

5.1 Clients must be medically fit to travel in a remote polar environment.

5.2 Clients must disclose any medical condition that may affect participation.

5.3 Comprehensive travel insurance is mandatory and must include:

Emergency medical treatment

Emergency evacuation and repatriation

Trip interruption coverage

5.4 Proof of insurance may be required prior to embarkation.

5.5 All costs associated with medical treatment, evacuation, rescue, or repatriation are the sole responsibility of the Client.

6. Transfers Between Vessels

6.1 Transfers between the Cruise Operator vessel and the Yacht may occur via tender, zodiac, or similar craft.

6.2 Such transfers involve inherent maritime risks.

6.3 Transfer timing may be altered, delayed, or cancelled due to conditions beyond the Owner’s control.

6.4 The Owner shall not be liable for delays, missed connections, or itinerary changes resulting from environmental or operational conditions.

7. Client Conduct

7.1 Clients must comply with:

All instructions from the Captain and crew

Environmental regulations and Antarctic visitor guidelines

Safety briefings and operational procedures

7.2 The Captain may refuse participation in activities or disembark a Client whose behavior:

Endangers safety

Violates environmental rules

Disrupts vessel operations

7.3 No refund shall be provided in such cases.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, Icebird Expeditions, its directors, officers, crew, contractors, and agents shall not be liable for:

• Personal injury

• Death

• Property damage

• Delays

• Emotional distress

• Economic loss

• Force majeure events

• 8.2 Force majeure includes but is not limited to:

• Severe weather

• Ice conditions

• Mechanical failure

• Government action

• Pandemic restrictions

• Acts of God

• Wildlife interference

8.3 The Owner’s total liability, if any, shall not exceed the amount paid by the Client for the 6-day Yacht experience.

9. Indemnification

The Client agrees to indemnify and hold harmless Icebird Expeditions and its crew from any claim, loss, damage, or liability arising from:

• The Client’s negligence

• The Client’s breach of these Terms

• The Client’s failure to follow safety instructions

• Damage caused by the Client to the Yacht or equipment

10. Environmental Compliance

10.1 Antarctica is protected under international treaty.

10.2 Clients must strictly comply with environmental and biosecurity requirements.

10.3 Failure to comply may result in removal from activities without refund.

11. Cancellation and Modification

11.1 The Owner reserves the right to cancel the experience prior to embarkation for safety, operational, or force majeure reasons.

11.2 In such case, the Owner’s sole obligation is refund of payments received for the Yacht experience.

11.3 No liability is accepted for consequential expenses including flights or cruise costs.

12. Governing Law and Jurisdiction

This Agreement shall be governed by the laws applicable to Icebird Expeditions’ principal place of business.

Any dispute shall be resolved in the courts of that jurisdiction unless otherwise required by mandatory law.

13. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.