BOOKING AGENCY TERMS AND CONDITIONS
These Booking Agency Terms & Conditions (“Agreement”) constitute a legally binding agreement between Polar Tracks Expeditions Inc., a company registered in Canada with company number 765427489 and administrative address at 5031 Barron Crescent NW, Calgary, AB T2L 1T8 (“Polar Tracks”, “we”, “us”, or “our”), and the individual making a booking through Polar Tracks (“Traveler” or “you”).
By requesting a booking through Polar Tracks, completing Polar Tracks’ booking process, submitting payment toward a Booking, or otherwise confirming a reservation facilitated by Polar Tracks, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any applicable Operator Terms.
This Agreement governs the relationship between Polar Tracks and Travelers in connection with the booking services provided by Polar Tracks. In consideration of Polar Tracks facilitating bookings for Arrangements and providing related administrative services, the Traveler agrees to the terms and conditions set forth herein:
SECTION 1: DEFINITIONS
For the purposes of this Agreement, the following definitions apply.
1.1 “Arrangements.” “Arrangements” means any expedition, voyage, cruise, accommodation, transportation, excursion, or other travel-related service arranged through Polar Tracks.
1.2 “Booking.” “Booking” means a reservation made through Polar Tracks for Arrangements operated by a third-party Operator.
1.3 “Operator.” “Operator” means the expedition company, vessel owner, tour operator, or other third-party provider responsible for operating and delivering the Arrangements.
1.4 “Traveler.” “Traveler” means any individual participating in Arrangements booked through Polar Tracks.
1.5 “Lead Traveler.” “Lead Traveler” means the first named person on the Booking who acts on behalf of all Travelers included in the Booking.
1.6 “Operator Terms.” “Operator Terms” means the terms, conditions, policies, participation requirements, and other documentation issued by the Operator governing the Arrangements.
1.7 “Booking Confirmation.” “Booking Confirmation” means the written confirmation issued by Polar Tracks confirming that the Arrangements have been secured with the applicable Operator.
SECTION 2: ROLE OF POLAR TRACKS
2.1 Booking Intermediary. Polar Tracks acts solely as a booking intermediary that facilitates reservations between Travelers and independent third-party Operators.
Polar Tracks does not own, manage, operate, control, supervise, or otherwise direct any expedition vessel, aircraft, transportation provider, accommodation provider, or other entity that supplies services related to the Arrangements. All Arrangements are operated and provided exclusively by the relevant Operator.
2.2 Contract for the Arrangements. When you make a Booking through Polar Tracks, you will enter into a separate contract directly with the applicable Operator responsible for operating the Arrangements. The Operator’s own terms and conditions govern the operation of the expedition and the provision of the Arrangements. These Operator Terms may address matters including, without limitation, itinerary changes, operational decisions, safety requirements, cancellation policies, refund policies, and liability limitations.
Polar Tracks is not a party to the contract between the Traveler and the Operator and does not assume responsibility for the performance of the Arrangements.
2.3 Limited Scope of Polar Tracks’ Services. Polar Tracks’ services are limited to facilitating the booking process between Travelers and Operators and providing administrative support in connection with those bookings. Polar Tracks does not control or supervise the operational aspects of any expedition or other travel services provided by the Operator. Polar Tracks does not provide transportation, accommodation, expedition services, or any other travel services included in the Arrangements.
2.4 No Financial Protection, Bonding, or Insurance Guarantee. Travelers acknowledge that Polar Tracks does not provide any financial protection scheme, bonding, trust account protection, insurance policy, or other financial guarantee designed to protect payments made toward Arrangements.
Certain jurisdictions provide statutory financial protection programs for travel bookings made through locally licensed travel agencies. For example, Travelers booking through United Kingdom travel agents may receive protection under the Air Travel Organiser’s Licence (“ATOL”) scheme or similar programs. Because Polar Tracks is registered in Canada and operates solely as a booking intermediary for independent expedition Operators, Polar Tracks is not able to offer ATOL protection or any comparable financial protection program.
Accordingly, any payments made toward Arrangements are subject to the financial terms and conditions of the applicable Operator. If an Operator cancels an expedition, ceases operations, becomes insolvent, or otherwise fails to provide the Arrangements, any refunds, credits, compensation, or other remedies are the responsibility of the Operator in accordance with the Operator’s own terms and conditions.
Polar Tracks undertakes reasonable efforts to work only with Operators that have demonstrated operational experience and a track record of safe and successful expeditions. However, Polar Tracks cannot guarantee the financial stability, solvency, or future performance of any Operator.
Travelers acknowledge that Polar Tracks shall have no liability for any financial losses arising from an Operator’s cancellation of an expedition, insolvency, bankruptcy, or failure to perform the Arrangements.
2.5 Assistance with Communication and Advocacy. Polar Tracks may, at its discretion, assist Travelers in communicating with Operators regarding matters related to a Booking. This may include facilitating communications regarding itinerary questions, operational updates, complaints, cancellation requests, or other matters relating to the Arrangements.
Where issues arise before, during, or after a trip, Polar Tracks may also assist Travelers by communicating with the Operator in an effort to help resolve concerns or clarify the Operator’s policies.
Such assistance is provided as a courtesy and as part of Polar Tracks’ customer service practices. However, Polar Tracks does not have authority to make operational decisions on behalf of an Operator, to modify the Operator’s terms and conditions, or to require the Operator to provide refunds, credits, or other remedies.
Any resolution of disputes relating to the Arrangements, including refunds, compensation, itinerary changes, or other remedies, remains solely within the authority and responsibility of the applicable Operator.
Polar Tracks’ involvement in communications between Travelers and Operators does not create any legal obligation, liability, or guarantee on the part of Polar Tracks with respect to the outcome of any such communications or disputes.
SECTION 3: BOOKING PROCESS
3.1 Booking Request. Travelers may request a Booking by contacting Polar Tracks and providing the information required to secure the requested Arrangements. Upon receiving a booking request, Polar Tracks will communicate with the relevant Operator to determine whether the requested Arrangements are available. Availability of Arrangements is determined solely by the Operator and may change at any time prior to confirmation of the Booking.
3.2 Review and Acceptance of Terms. Prior to confirming a Booking, Polar Tracks will provide Travelers with access to this Agreement and the applicable Operator Terms governing the Arrangements. Travelers are responsible for reviewing these documents carefully before submitting payment toward a Booking.
As part of Polar Tracks’ booking process, Travelers will be required to complete an electronic acknowledgment process confirming their agreement to this Agreement and the applicable Operator Terms. Such process will include reviewing the applicable terms through Polar Tracks’ electronic booking workflow, checking an acknowledgment box confirming acceptance of the terms, and providing the Traveler’s name as electronic acknowledgment of such acceptance.
By completing the booking process, submitting payment toward a Booking, or otherwise confirming a reservation facilitated by Polar Tracks, the Traveler acknowledges and agrees that:
(a) the Traveler has had the opportunity to review this Agreement and the applicable Operator Terms;
(b) the Traveler agrees to be bound by this Agreement and the applicable Operator Terms; and
(c) the Traveler’s electronic acknowledgments and submissions constitute valid and binding acceptance of such terms.
If a Traveler does not agree to this Agreement or the applicable Operator Terms, the Traveler must not proceed with the Booking or submit payment.
3.3 Accuracy of Booking Information. Travelers are responsible for ensuring that all information provided during the booking process is accurate and complete. Such information may include the full legal name of each Traveler as it appears on the Traveler’s passport, travel dates, contact information, passport information where required, and any other information required by the Operator.
Travelers must review all booking documentation promptly upon receipt and notify Polar Tracks immediately of any errors. Polar Tracks is not responsible for errors resulting from incorrect information provided by Travelers. Changes after confirmation may be subject to amendment fees or other charges imposed by the Operator.
3.4 Booking Confirmation. A Booking is considered confirmed when:
(a) the required deposit or other payment has been received; and
(b) Polar Tracks issues a Booking Confirmation confirming that the Arrangements have been secured with the Operator.
The Booking Confirmation will identify the Operator responsible for the Arrangements and summarize key booking details.
SECTION 4: PAYMENT
4.1 Deposit and Balance Payments. In order to secure the requested Arrangements, Travelers are required to make a deposit in the amount specified by the applicable Operator.
The amount of the deposit, the due date for any remaining balance, and the applicable payment schedule are determined by the Operator and will be communicated to the Traveler during the booking process. Where a deposit is required, the remaining balance must be paid in full by the balance due date specified by the Operator.
Failure to make required payments by the applicable due date may result in cancellation of the Booking by the Operator and the application of cancellation fees in accordance with the Operator’s terms and conditions.
4.2 Payment Currency. Payments must be made in the currency specified for the Booking. Travelers are responsible for any currency conversion or foreign transaction fees imposed by their financial institution.
4.3 Payment Processing. Payments for Arrangements may be processed through Polar Tracks’ designated payment gateway or through payment methods specified by the applicable Operator. Where payments are made through Polar Tracks, credit card payments are processed through Polar Tracks’ payment gateway Flywire, and transactions may appear on card statements as “PolarTracks-Flywire” or similar wording.
Travelers are responsible for ensuring that all payment information provided is accurate and that sufficient funds are available at the time payment is submitted. If a required payment cannot be processed, the Booking may not be confirmed and the requested Arrangements may become unavailable. Polar Tracks shall not be responsible for any loss of availability resulting from a Traveler’s failure to complete payment successfully.
4.4 Handling of Funds. Depending on the applicable Operator and the structure of the Booking, payments will either be collected by Polar Tracks on behalf of the Operator or be paid directly by the Traveler to the Operator.
Generally, Travelers will be required to make payment directly to the applicable Operator. Where payments are made directly to the Operator, Polar Tracks does not receive or hold such funds and has no responsibility for the handling, transfer, or safeguarding of those payments.
Where Polar Tracks receives payment in connection with a Booking, such funds are received by Polar Tracks as agent for the applicable Operator and are transmitted to the Operator in accordance with Polar Tracks’ agreement with the Operator. Payment to Polar Tracks in such circumstances constitutes payment to the Operator for purposes of the Traveler’s contract with the Operator.
Polar Tracks does not assume financial responsibility for the Arrangements and does not guarantee the performance or financial stability of any Operator.
4.5 Operator Cancellations and Refunds. If an Operator cancels an expedition or otherwise fails to provide the Arrangements, any refunds, credits, or compensation are governed by the Operator Terms.
Polar Tracks does not control the Operator’s refund policies and does not have authority to require an Operator to issue refunds or credits. Polar Tracks shall not be responsible for any financial loss resulting from an Operator’s cancellation of an expedition, insolvency, bankruptcy, or failure to perform the Arrangements.
Where possible, Polar Tracks may assist Travelers in communicating with the Operator regarding refunds or other remedies. However, any such assistance is provided as a courtesy and does not create any legal obligation or liability on the part of Polar Tracks.
4.6 Payment Disputes. Travelers agree to first attempt to resolve payment disputes relating to the Arrangements with the Operator in accordance with the Operator Terms before initiating any payment dispute.
SECTION 5: PRICES AND PRICING CHANGES
5.1 Price of Arrangements. The price of the Arrangements will be communicated to the Traveler during the booking process and will be reflected in the Booking Confirmation issued by Polar Tracks.
Prices for Arrangements are determined by the applicable Operator and may vary depending on availability, cabin category, travel dates, or other factors determined by the Operator.
5.2 Price Changes Prior to Booking Confirmation. Prices for Arrangements are determined by the Operator and may change at any time prior to Booking confirmation. Travelers should confirm the final price of the Arrangements at the time of booking.
5.3 Pricing Errors. If a pricing error is identified prior to confirmation of the Booking, Polar Tracks reserves the right to correct the error. If the error is discovered after confirmation, the Traveler will be notified and may accept the corrected price or cancel the Booking and receive a refund of payments made.
5.4 Government Taxes, Fees, and Surcharges. Prices for Arrangements may not include certain government taxes, port charges, park fees, environmental fees, or similar charges imposed by governmental or regulatory authorities. This also applies to fuel surcharges enacted by the Operator. Such charges may change at any time and Travelers are responsible for paying any applicable amounts. Polar Tracks is not responsible for changes to such charges.
SECTION 6: TRAVEL INSURANCE REQUIREMENTS
6.1 Mandatory Medical Evacuation Insurance. The applicable Operator will require Travelers to obtain and maintain insurance coverage that includes medical evacuation coverage where such evacuation becomes necessary.
Travelers are responsible for ensuring that any required insurance satisfies the requirements established by the applicable Operator and remains valid for the duration of the Arrangements.
Insurance information and proof of coverage may be collected directly by the Operator through the Operator’s passenger forms, onboarding procedures, or other pre-departure requirements. Polar Tracks does not collect, verify, or evaluate Travelers’ insurance coverage and shall not be responsible for confirming whether a Traveler has obtained insurance that satisfies the Operator’s requirements.
Failure to obtain or maintain the required insurance coverage, or failure to provide required insurance information to the Operator, may result in the Operator refusing participation in the expedition or otherwise denying services. Polar Tracks shall have no liability for any losses, costs, or expenses arising from a Traveler’s failure to comply with the Operator’s insurance requirements.
6.2 Recommended Insurance Coverage. Polar Tracks does not provide travel insurance and does not act as an insurance broker or agent. Travelers are solely responsible for obtaining insurance appropriate to their personal circumstances and the risks associated with expedition travel. In addition to mandatory evacuation insurance required by the Operator, Polar Tracks recommends that Travelers obtain comprehensive travel insurance including coverage for trip cancellation, trip interruption, emergency medical treatment, baggage loss or delay, and other travel-related risks.
6.3 No Insurance or Financial Protection Provided by Polar Tracks. Polar Tracks does not provide travel insurance, financial bonding, escrow protection, or any financial guarantee designed to protect payments made toward Arrangements. Because Polar Tracks operates as a booking intermediary for independent Operators, it does not participate in statutory travel protection programs such as the United Kingdom’s ATOL scheme. Any refunds, credits, or compensation arising from cancellation, insolvency, or failure of an Operator are governed by the Operator Terms and are the responsibility of the Operator.
SECTION 7: PASSENGER INFORMATION AND REQUIRED DOCUMENTATION
7.1 Passenger Information Requirements. Operators require Travelers to submit certain information prior to departure in order to participate in the Arrangements. Such information may include personal details, emergency contact information, passport details, medical information, dietary restrictions, equipment sizing information, or other information required by the Operator.
7.2 Traveler Responsibility for Accuracy. Travelers are responsible for ensuring that all information provided to Polar Tracks or to the Operator is accurate, complete, and submitted within any deadlines specified by the Operator. Failure to provide required information or submission of inaccurate information may result in the Operator refusing participation in the expedition or modifying the Arrangements.
Polar Tracks shall not be responsible for any consequences arising from inaccurate or incomplete information provided by Travelers.
7.3 Disclosure of Medical Conditions and Special Requirements. Travelers are responsible for disclosing any medical conditions, mobility limitations, dietary requirements, or other special requirements that may affect their ability to participate in the Arrangements. The Operator reserves the right to determine whether a Traveler is medically or physically able to participate in the expedition. Polar Tracks does not evaluate a Traveler’s suitability for participation and shall not be liable if the Operator determines that a Traveler cannot safely participate.
7.4 Transmission of Information to Operators. Information provided by Travelers during the booking process may be transmitted by Polar Tracks to the relevant Operator and other third parties involved in providing the Arrangements where necessary for the fulfillment of the Booking. Such information may also be provided to governmental authorities, including immigration or customs authorities, where required by applicable law. By making a Booking, Travelers consent to the transmission of such information for these purposes.
SECTION 8: CHANGES AND CANCELLATIONS BY THE TRAVELER
8.1 Requests for Changes. If a Traveler wishes to amend any aspect of a confirmed Booking, the request must be submitted in writing to Polar Tracks. Polar Tracks will communicate the request to the applicable Operator for consideration. All changes are subject to the Operator’s approval and the Operator Terms, and the Operator may refuse or condition such changes at its sole discretion. Polar Tracks does not have authority to approve or implement changes and shall not be responsible if an Operator declines or imposes additional conditions or charges. Where a change is permitted by the Operator, the Operator may impose amendment fees or other administrative charges, including costs resulting from changes to accommodations, transportation, or other travel services included in the Arrangements.
8.2 Passenger Substitutions. Some Operators permit a Traveler to substitute another person to participate in the Arrangements. Any substitution request must be submitted in writing to Polar Tracks and is subject to the Operator’s approval and the Operator Terms. Where permitted, the Operator may impose substitution fees or other administrative charges.
8.3 Traveler Cancellations. If a Traveler wishes to cancel a Booking, the cancellation request must be submitted to Polar Tracks in writing. The cancellation will take effect at the time the written cancellation request is received by Polar Tracks. Upon receipt of a cancellation request, Polar Tracks will transmit the cancellation request to the applicable Operator.
8.4 Cancellation Charges. Cancellation charges are determined by the Operator and are governed by the Operator Terms. Cancellation fees may increase as the departure date approaches and may, in some cases, equal the full cost of the Arrangements. Travelers are responsible for reviewing the Operator Terms to understand the applicable cancellation policies.
8.5 Partial Cancellations. Where a Booking includes multiple Travelers and one or more Travelers cancel their participation, the Operator may adjust the price of the Arrangements for the remaining Travelers.
For example, the cancellation of one Traveler sharing accommodations with another Traveler may result in the remaining Traveler being responsible for additional charges imposed by the Operator. Any such adjustments will be governed by the Operator Terms.
8.6 No-Shows and Failure to Participate. If a Traveler fails to arrive for the departure of the expedition or otherwise fails to participate without providing prior written cancellation notice, the Operator’s cancellation terms will apply and the Traveler may forfeit payments made toward the Arrangements.
8.7 Third-Party Travel Arrangements. Travelers are responsible for arranging and paying for any transportation, accommodations, or other travel services that are not included in the Arrangements. Polar Tracks shall not be responsible for any losses arising from cancellations or changes to independent travel arrangements made by Travelers, including flights, hotel reservations, or other travel services not included in the Arrangements.
8.8 Refunds Following Traveler Cancellation. Any refund resulting from a Traveler cancellation will be determined in accordance with the Operator Terms. Where refunds are issued, such refunds are provided by the Operator. Polar Tracks shall not be responsible for issuing refunds relating to the Arrangements except to the extent that Polar Tracks has received funds as agent for the Operator and the Operator has authorized the refund.
SECTION 9: CHANGES AND CANCELLATIONS BY THE OPERATOR
9.1 Operator Control of Expedition Operations. The Operator retains full authority over all operational aspects of the expedition, including itineraries, routes, schedules, activities, landing locations, accommodations, and transportation arrangements. Such decisions may be made for safety, environmental, logistical, regulatory, or operational reasons. Polar Tracks does not control or participate in these operational decisions.
If the Operator notifies Polar Tracks of a material change to confirmed Arrangements prior to departure, Polar Tracks will notify Travelers as soon as reasonably practicable. The Traveler’s rights and options in such circumstances are governed by the Operator Terms.
9.2 Operator Cancellation of Expeditions. The Operator may cancel an expedition or other Arrangements prior to departure for operational, safety, regulatory, environmental, or other reasons determined by the Operator. Any refunds, credits, or alternative arrangements offered in such circumstances are governed by the Operator Terms.
9.3 Notification of Operator Changes or Cancellations. If Polar Tracks receives notice from an Operator that Arrangements have been materially changed or cancelled, Polar Tracks will notify Travelers as soon as reasonably practicable.
Polar Tracks’ role in such circumstances is limited to communicating information received from the Operator to Travelers and assisting with administrative coordination where appropriate. Polar Tracks does not control the timing or substance of the Operator’s decisions regarding changes or cancellations.
9.4 Responsibility for Refunds and Remedies. Any refunds, credits, or other remedies relating to changes or cancellations by the Operator are determined solely by the Operator and governed by the Operator Terms. Polar Tracks does not control the Operator’s refund policies and is not responsible for issuing refunds except where Polar Tracks has received funds as agent for the Operator and the Operator has authorized the refund.
9.5 No Liability for Operator Changes or Cancellations. To the fullest extent permitted by applicable law, Polar Tracks shall not be liable for any loss, expense, inconvenience, or damages arising from changes, delays, disruptions, or cancellations affecting the Arrangements that are made or caused by the Operator. The Traveler’s rights in such circumstances are governed by the Operator Terms.
SECTION 10: RESPONSIBILITY AND LIMITATION OF LIABILITY
10.1 Independent Third-Party Suppliers. The Arrangements may involve services provided by independent third-party suppliers, including but not limited to airlines, hotels, transportation providers, guides, or other service providers. All such suppliers are independent contractors and are not employees, agents, or representatives of Polar Tracks.
Polar Tracks shall not be responsible for the acts, omissions, negligence, errors, defaults, or financial condition of any Operator or other third-party supplier involved in providing the Arrangements.
10.2 No Control Over Expedition Operations. Operational decisions relating to the expedition, including decisions concerning safety, itinerary adjustments, vessel operations, expedition activities, or other operational matters, are made solely by the Operator and its personnel.
Polar Tracks does not supervise, direct, or control the operational aspects of any expedition and does not have authority to override or modify the Operator’s operational decisions.
Travelers acknowledge that Polar Tracks’ role is limited to facilitating the Booking and does not include responsibility for the operation of the expedition.
10.3 Information Provided by Operators. Information regarding the Arrangements, including vessel descriptions, accommodations, itineraries, activities, or wildlife viewing opportunities, is provided to Polar Tracks by the Operator. Polar Tracks communicates such information in good faith but does not independently verify all information supplied by Operators. Polar Tracks is not responsible for inaccuracies, omissions, or changes in such information.
10.4 Responsibility for the Operation of the Expedition. The Operator is solely responsible for the operation of the expedition and the delivery of the Arrangements.
Any claims relating to the operation of the expedition, including claims arising from injury, illness, property damage, delays, itinerary changes, or other incidents occurring during the expedition, must be addressed to the Operator in accordance with the Operator Terms.
Polar Tracks shall not be liable for any losses arising from the Operator’s performance or failure to perform the Arrangements.
10.5 Operator Insolvency or Failure to Perform. Polar Tracks shall not be liable for losses arising from an Operator’s cancellation, insolvency, bankruptcy, or failure to provide the Arrangements. Any refunds or compensation relating to such circumstances are governed by the Operator Terms.
10.6 Limitation of Liability. To the fullest extent permitted by applicable law, Polar Tracks shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to the Arrangements or the services provided by Polar Tracks in connection with facilitating the Booking.
Without limiting the foregoing, Polar Tracks shall not be liable for losses arising from:
(a) acts or omissions of Operators or other third-party suppliers;
(b) cancellation or modification of the Arrangements by the Operator;
(c) delays, disruptions, or interruptions affecting travel;
(d) environmental conditions, weather conditions, or other natural events affecting the expedition;
(e) governmental actions, travel restrictions, or regulatory requirements; or
(f) the Traveler’s failure to comply with applicable travel requirements or the Operator Terms.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
10.7 Liability Cap. To the fullest extent permitted by applicable law, Polar Tracks’ total liability for any claim arising out of or relating to this Agreement or the booking services provided by Polar Tracks shall not exceed the amount actually paid by the Traveler to Polar Tracks for Polar Tracks’ booking or intermediary services.
For clarity, amounts collected by Polar Tracks on behalf of an Operator for the Arrangements are not included in calculating this liability cap.
10.8 Compliance with Travel Requirements. Travelers are responsible for ensuring compliance with all passport, visa, health, vaccination, and other travel requirements applicable to their itinerary. Polar Tracks shall not be responsible if a Traveler is unable to participate in the Arrangements due to failure to comply with such requirements.
SECTION 11: ASSUMPTION OF RISK AND EXPEDITION TRAVEL CONDITIONS
11.1 Nature of Expedition Travel. Travelers acknowledge that expedition travel to polar and other remote regions may involve travel to isolated areas where infrastructure and medical facilities may be limited and environmental conditions may change rapidly. Such conditions may affect the timing, routing, or execution of expedition activities.
11.2 Expedition Flexibility and Operational Conditions. Travelers acknowledge expedition itineraries are inherently flexible and may be modified by the Operator as conditions require, including due to weather, ice conditions, wildlife activity, safety considerations, regulatory requirements, or other operational factors.
11.3 Operational Authority of the Operator. All operational decisions relating to the conduct of the expedition are made solely by the Operator. Decisions regarding navigation, landing opportunities, daily activities, scheduling, and expedition operations are made by the vessel captain, expedition leader, or other authorized personnel designated by the Operator based on safety and operational considerations. Travelers acknowledge that such decisions are final and are made in the interest of safety, environmental protection, and responsible expedition operations.
11.4 Physical Demands and Participation Requirements. Polar expeditions may involve physical demands and environmental exposure associated with travel in remote regions. Any physical fitness requirements, medical requirements, participation standards, safety procedures, and operational protocols applicable to the expedition are established solely by the Operator and are described in the applicable Operator Terms. Polar Tracks does not determine, assess, or evaluate a Traveler’s physical fitness, medical suitability, or preparedness for participation in any expedition.
11.5 Assumption of Inherent Risks. By making a Booking and participating in the Arrangements, Travelers acknowledge and voluntarily assume the inherent risks associated with expedition travel in remote environments.
11.6 Role of Polar Tracks. Polar Tracks acts solely as a booking intermediary facilitating reservations with independent Operators. Polar Tracks does not own, operate, manage, control, or supervise expedition vessels, expedition activities, or operational decisions. The Operator is solely responsible for the operation and safety of the expedition.
SECTION 12: INDEMNIFICATION
12.1 Traveler Indemnification. To the fullest extent permitted by applicable law, the Traveler agrees to defend, indemnify, and hold harmless Polar Tracks, together with its officers, directors, employees, agents, contractors, and representatives (collectively, the “Polar Tracks Parties”), from and against all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses, including reasonable legal fees and expenses, arising out of or relating to:
(a) the Traveler’s breach of this Agreement;
(b) the Traveler’s violation of any applicable law or regulation;
(c) the Traveler’s acts or omissions in connection with the Arrangements;
(d) any misrepresentation or failure by the Traveler to provide accurate or complete information in connection with a booking;
(e) the Traveler’s failure to comply with the Operator’s booking conditions, safety requirements, or expedition procedures; or
(f) any claim brought by the Traveler or by a third party that arises from the Traveler’s conduct or use of Polar Tracks’ booking services.
12.2 Claims Improperly Brought Against Polar Tracks. Travelers acknowledge that Polar Tracks acts solely as a booking intermediary and does not operate or control the Arrangements. To the extent a Traveler asserts a claim against Polar Tracks that arises from the performance or delivery of the Arrangements by an Operator, the Traveler agrees to indemnify and hold harmless the Polar Tracks Parties from any costs, damages, or expenses incurred as a result of such claim.
12.3 Limitation. The Traveler’s indemnification obligations shall not apply to the extent that a claim arises directly from Polar Tracks’ own gross negligence or willful misconduct in the provision of its booking services.
SECTION 13: COMPLAINTS AND CLAIMS PROCEDURES
13.1 Complaints Concerning the Arrangements. The Arrangements are operated and delivered by independent Operators. The Traveler’s contract for the Arrangements is with the Operator, and the Operator is solely responsible for the performance, delivery, and quality of the Arrangements.
Accordingly, any complaints, concerns, or claims relating to the Arrangements must be directed to the Operator responsible for the expedition. This includes, without limitation, complaints relating to expedition operations, vessel accommodations or onboard services, expedition activities, shore landings, safety procedures, itinerary changes, operational decisions, or any other aspect of the Arrangements provided by the Operator.
Where a complaint arises prior to the commencement of the expedition, the Traveler may notify their Polar Tracks booking representative, who may relay the concern to the Operator for review. However, the Operator remains solely responsible for investigating and resolving complaints relating to the Arrangements.
13.2 Complaints During the Expedition. If a Traveler experiences any issue during the expedition, the Traveler must notify the appropriate representative of the Operator without delay. Such notification should be made to the expedition leader, vessel captain, onboard staff, or other authorized personnel of the Operator so that the Operator has the opportunity to investigate the issue and take appropriate corrective action during the expedition where possible.
Failure to notify the Operator of a complaint during the expedition may limit the Operator’s ability to investigate the issue or provide an appropriate resolution. Where practicable, Travelers are encouraged to also inform their Polar Tracks booking representative so that Polar Tracks may assist in relaying the concern to the Operator.
13.3 Role of Polar Tracks in Complaints. Polar Tracks acts solely as a booking intermediary and does not supervise or control the operation of the Arrangements. Polar Tracks may assist in relaying communications between Travelers and Operators but does not investigate or resolve operational complaints.
13.4 Complaints After Completion of the Expedition. If a Traveler wishes to submit a complaint after the expedition has concluded, the complaint must be submitted in writing within sixty (60) days following the expedition end date. Polar Tracks may forward such complaints to the Operator and assist in facilitating communication between the Traveler and the Operator.
13.5 Complaints Concerning Polar Tracks’ Booking Services. If a Traveler believes that Polar Tracks has failed to properly perform its booking services, the Traveler may submit a complaint directly to Polar Tracks at contact@polartracksexpeditions.com. Complaints concerning Polar Tracks’ booking services are limited to matters within Polar Tracks’ control relating to administrative booking services, reservation coordination, or communications relating to the booking process. Such complaints must also be submitted in writing within sixty (60) days following the expedition end date.
13.6 Time Limitation for Claims. To the extent permitted by applicable law, any claim against Polar Tracks arising out of the booking services provided by Polar Tracks must be submitted in writing within sixty (60) days following the expedition end date. Failure to submit such claims within this period may result in the claim being deemed waived.
This notice requirement does not affect claims that must be directed to the Operator under the Operator Terms or the Operator’s own booking conditions.
SECTION 14: FORCE MAJEURE
14.1 Definition of Force Majeure. For the purposes of this Agreement, a “Force Majeure Event” means any event beyond the reasonable control of Polar Tracks, the Operator, or other suppliers involved in the Arrangements that prevents or materially interferes with the performance of the Arrangements. Such events may include, without limitation, severe weather conditions, natural disasters, epidemics or pandemics, governmental restrictions, labor disruptions, mechanical failures, transportation disruptions, or other similar events beyond the control of the affected party.
14.2 Impact of Force Majeure on the Arrangements. Travelers acknowledge that if a Force Majeure Event affects the Arrangements, the Operator may modify, delay, interrupt, or cancel the expedition in accordance with the Operator Terms. All operational decisions relating to the expedition remain solely within the authority of the Operator.
14.3 Limitation of Responsibility in Force Majeure Situations. Travelers acknowledge that Polar Tracks acts solely as a booking intermediary and does not operate or control the Arrangements. Where a Force Majeure Event affects the Arrangements, Polar Tracks shall not be responsible for any modification, delay, interruption, or cancellation of the expedition. Any refunds, credits, or remedies available in such circumstances are governed by the Operator Terms.
14.4 Role of Polar Tracks. In the event of a Force Majeure Event, Polar Tracks may assist in communicating updates received from the Operator and may facilitate communication between Travelers and the Operator.
SECTION 15: DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION
15.1 Operator Disputes. Travelers acknowledge that the Arrangements are operated by independent Operators and that the Traveler’s contract for the expedition itself is with the applicable Operator.
Accordingly, any disputes, claims, or complaints relating to the operation, performance, or delivery of the Arrangements must be addressed to the Operator in accordance with the Operator’s booking conditions. Nothing in this Agreement shall be interpreted as making Polar Tracks responsible for resolving disputes relating to the operation of the Arrangements.
15.2 Disputes Relating to Polar Tracks Booking Services. Any disputes, claims, or controversies arising out of or relating to the booking services provided by Polar Tracks, or otherwise arising out of the relationship between the Traveler and Polar Tracks, shall be resolved in accordance with the dispute resolution procedures set forth in this Section.
For clarity, this Section applies only to disputes relating to Polar Tracks’ role as a booking intermediary and not to disputes relating to the performance or delivery of the Arrangements by the Operator.
15.3 Good Faith Resolution. Before initiating arbitration, the parties agree to attempt in good faith to resolve any dispute relating to Polar Tracks’ booking services through informal discussions.
A party asserting a dispute must provide written notice describing the nature of the dispute in reasonable detail. The parties shall then attempt in good faith to resolve the dispute through discussion before initiating formal proceedings.
15.4 Binding Arbitration. Any dispute relating to Polar Tracks’ booking services that cannot be resolved informally shall be resolved exclusively by binding arbitration conducted in the Province of Alberta, Canada, in accordance with the arbitration legislation applicable in Alberta. The arbitration shall be conducted before a single arbitrator and in the English language.
15.5 Waiver of Jury Trial. To the fullest extent permitted by applicable law, the parties agree that any disputes subject to arbitration under this Section shall not be brought before a court or jury. The parties knowingly and voluntarily waive any right to a trial by jury with respect to disputes arising out of or relating to Polar Tracks’ booking services.
15.6 Governing Law. This Agreement and any disputes relating to Polar Tracks’ booking services shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.
15.7 Jurisdiction for Enforcement. Any court proceedings necessary to enforce an arbitration award or obtain injunctive relief shall be brought exclusively in the courts of the Province of Alberta, and the parties submit to the jurisdiction of those courts for such purposes.
SECTION 16: SEVERABILITY
If any provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed severed from this Agreement to the extent necessary to eliminate such invalidity or unenforceability. The remaining provisions shall remain in full force and effect and shall continue to be binding upon the parties.
SECTION 17: WAIVER
The failure of Polar Tracks at any time to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision. No waiver of any breach or default shall be deemed to be a waiver of any subsequent breach or default. Any waiver of rights under this Agreement must be made expressly and in writing.
SECTION 18: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Polar Tracks and the Traveler with respect to the booking services provided by Polar Tracks and supersedes any prior agreements, representations, communications, or understandings, whether written or oral, relating to Polar Tracks’ booking services.
For clarity, the Traveler’s contract for the Arrangements themselves is with the applicable Operator and is governed by the Operator’s own booking conditions. Nothing in this Agreement modifies or replaces the contractual relationship between the Traveler and the Operator.
SECTION 19: MODIFICATIONS TO AGREEMENT
Polar Tracks reserves the right to modify or update this Agreement. Any such modifications shall apply to bookings made after the updated terms are published or otherwise provided to Travelers.
POLAR TRACKS EXPEDITIONS INC.
Last Updated: May 2026.