Terms and Conditions & Guest Waiver
Version: March 2026
White Desert Limited is in the business of helping people to realise their Antarctic dreams and goals. We endeavour to do everything in our power to help make your trip a positive, rewarding and memorable experience. However, Antarctica is a remote and extreme environment and any trip to the region involves an element of uncertainty and risk. We therefore need each guest to read and sign the terms and conditions below.
White Desert Limited reserves the right to decline any booking at its discretion.
These terms and conditions (Version March 2026) supersede all prior versions.
1. DEFINITIONS
In these terms and conditions the following terms will have the following meanings:
means any circumstances that are beyond our reasonable control including, without limitation, adverse weather and any other climatic conditions (both forecast and actual), unavailability of our representatives, transport, equipment or infrastructure, changes to or cancellation of licences, permits or permissions (excluding visas), interruptions to communications, aircraft unavailability, unsuitability of runway or aircraft operating conditions, strikes, acts of terrorism, wars, epidemics, pandemics or similar wide-spread health emergency, animal disease or pandemic (such as avian flu or similar amongst penguins) and Acts of God;
“circumstances beyond our reasonable control”
means the contract between you and us for the provision of the programme, for you and the members of your party, which is subject to these terms and conditions;
“contract”
means a group travelling together and taking the whole camp exclusively;
“exclusive group”
means our Camp Manager, Field Operations Manager, Field Guide or any other member of our representative fulfilling a similar role;
“group leader”
means the person(s) stated on the booking form (including you) or any alternative persons who are accepted by us under clause 11.1 below;
“members of your party”
means the adventure travel programme, to and within Antarctica and the sub-Antarctica region, which you have booked;
“programme”
means any of our officers, directors, subsidiaries, affiliates, parent companies, employees, aircrew, guides, agents, representatives, contractors, sub-contractors or suppliers;
“representatives”
means the date on which (i) the flight for the programme is scheduled to depart from Cape Town to Antarctica and/or (ii) the date of the safety briefing in Cape Town prior to the flight to Antarctica, and for the avoidance of doubt, if these do not on the same day, means whichever of (i) or (ii) is the first date to occur;
“scheduled commencement date of the programme”
means a travel programme proposed by White Desert at our sole discretion as a substitute for the programme you originally booked. The suitable alternative programme will be on different dates and, given White Desert’s narrow operating window, may not take place until the following season. It may be of a different duration than the original programme but the itinerary will be of an equivalent or higher quality, as measured by the published price of the itineraries at the time of booking;
“suitable alternative programme”
refers to White Desert Ltd (Company Number: 5655519), C/O Jamieson Alexander, Temple Chambers, 3-7 Temple Avenue, London, United Kingdom, EC4Y 0DB; and
“we” or “us” or “our”
refers to the person, persons or corporate (or incorporated) body who have signed the booking form.
“you” or “your”
2. ADMINISTRATION
2.1. By making a booking with us, you are confirming that you have:
2.1.1. read these terms and conditions and agree to be bound by them, and that you have the authority to accept, and do accept, these terms and conditions on behalf of all members of your party;
2.1.2. read, signed and agree to be bound by the separate deed of waiver, in the form provided by us;
2.1.3. consented to our use of your information in accordance with our privacy policy.
2.2. For the avoidance of doubt, a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
2.3. Where more than one person is travelling in the same booking party, then you will be liable for all obligations arising under these terms and conditions on a joint and several basis. In all subsequent correspondence we will however deal with the lead booking name only.
2.4. You are responsible for ensuring the accuracy of all information supplied to us and for updating us, both prior to the scheduled commencement date of the programme and during the programme, with any changes to the information supplied to us.
2.5. The programme will be deemed to have commenced from the time at which the safety briefing commences in Cape Town to Antarctica and will terminate (subject as otherwise provided in these terms and conditions) when the return flight from Antarctica arrives at Cape Town.
2.6. For standard inclusions and exclusions, please see Appendix 1 – Standard Inclusions & Exclusions. For the avoidance of doubt, accommodation and board in Cape Town is not included in the programme.
2.7. Please let us know, at the time of booking, if you or any member of your group have any special requests that are not automatically part of the programme (including, but not limited to, dietary arrangements, equipment requirements, or any adjustments needed to fit any medical related requirements). We will assess all such requests but we cannot guarantee that they will be met.
3. TRAVEL AND CANCELLATION INSURANCE
3.1. As soon as practicable after booking the programme you must take out adequate insurance cover for all members of your party, in respect of medical care and emergency repatriation costs, for a minimum of $500,000 (USD) per person and for a minimum of 5 days beyond your expected return date.
3.2. We also recommend that you take out cancellation and interruption insurance covering any cancellation or curtailment of the programme arising from circumstances such as changes to itineraries, changes in medical conditions, changes to logistical arrangements or any other circumstances beyond our reasonable control.
3.3. We are happy to assist you in finding suitable insurance but please be aware that it is your sole responsibility to ensure that the relevant policy is suitable for the programme and to arrange the cover.
3.4. You should ensure that the insurance policy does not contain any exclusion clauses limiting cover for the type of activities included in the programme or the locations included in the programme. Details of the range of activities which are included in the programme will be supplied by us upon request.
3.5. Unscheduled flights (including medical evacuation) are not included in the programme price and, accordingly, if any member of your party requires emergency evacuation from Antarctica on an unscheduled flight then you will be required to reimburse us for any costs which we incur as a result. In the event of non-payment of such costs by your insurers within 5 days of written demand, you will be liable to pay such costs to us in full.
3.6. We reserve the right, at our sole discretion, to refuse to allow any member of your party who is inadequately insured to participate in the programme or any part of it. In that situation, we will not refund any part of the programme price and we will have no liability to you, or any member of your party, arising from any such refusal.
4. PASSPORTS & VISAS
4.1. Each member of your party must be in possession of a valid passport and, where necessary, a multi-entry use visa for South Africa (or any other relevant visa as required to participate in the programme). As of February 2022, South African immigration requirements state that a passport must contain at least two consecutive blank (unstamped) pages in order to gain entry into South Africa on each occasion that the passport holder passes through immigration and must also have at least six (6) months unexpired validity. The South Africa Immigration Department are extremely strict and have been known to refuse a person entry, and to require him or her to return home on the next available flight, if these requirements are not met. It is your responsibility to check the most up to date requirements before you travel.
4.2. If any member of your party is refused entry to South Africa, for whatever reason, that member’s participation in the programme will be cancelled and neither you nor that member will be entitled to a refund of the programme price (or any part thereof).
5. EQUIPMENT AND CLOTHING
5.1. Due to the hostile nature of Antarctica’s environment it is essential that each member of your party is properly equipped and clothed in accordance with the requirements set out in our kit list.
5.2. Our representatives are experts in polar clothing and consequently they will have the final decision as to whether a member of your party is suitably equipped and clothed or not.
5.3. If either prior to the scheduled commencement of the programme, or during the programme, any of our representatives consider that any member of your party is not suitably equipped or clothed, then that member will be required to remedy the situation by purchasing suitable clothing at their own expense, failing which, that member’s participation in the programme, or the relevant part of the programme, will be cancelled. In any such case, neither you nor the relevant member of your party will be entitled to a refund of any part of the programme price and we will have no liability to you arising from any such cancellation.
5.4. You will be responsible for any additional costs (such as flight, accommodation and subsistence costs) incurred by the relevant member of your party as a result of such a cancellation.
6. PAYMENT
6.1. The price of the programme will have been communicated to you by White Desert or by your Travel Agent. Information on prices can also be found at our website: www.white-desert.com.
6.2. Payment of the programme price must take place as follows:
More than 12 months before scheduled commencement date of the programme:
- 25% of the total programme price
12 months before scheduled commencement date of the programme:
- 25% additional deposit or 50% of the total programme price
5 months before scheduled commencement date of the programme:
- Balance of 50% or 100% of the total programme price
6.3. Bookings made 5 months or closer to travel date require payment of the full programme price to confirm.
6.4. If the payment of the balance of the total programme price is not paid in accordance with clause 6.2 you will be deemed to have cancelled your booking with immediate effect. In that situation we will not refund amounts paid and we reserve the right to market and re-sell your place on the programme to third parties.
7. CANCELLATION BY US
7.1. We reserve the right, at our sole and absolute discretion, to cancel the programme in accordance with this clause 7.
7.2. Due to the nature of the programme we require a minimum number of participants and will cancel the programme at any time up to twenty (20) days before the scheduled commencement date of the programme if there is an insufficient number of people scheduled to participate in the programme.
7.3. Unless otherwise stated in these terms and conditions, we will only cancel the programme less than twenty (20) days prior to the scheduled commencement date of the programme due to unavoidable or extraordinary circumstances beyond our reasonable control.
7.4. In the event that we cancel the programme because of the occurrence of an unforeseeable act or event beyond our reasonable control which may make the operation of the programme unsafe or otherwise inadvisable, we shall not be held liable for failure or delay in the performance of our obligations under this contract but will (i) notify you as soon as soon as reasonably practicable after commencement of the event and (ii) offer you a suitable alternative programme.
7.5. In the event of cancellation of the programme by us, we will endeavour to offer you places for all members of your party on a suitable alternative programme, departing during the same Antarctic season as the programme you originally booked, or the following season thereafter, if one is running and there are places available on it.
7.6. If you decide to accept the alternative programme, then you will not be required to pay any additional programme price if it is more expensive than the original programme booked and, if it is less expensive, then we will refund the difference against the original programme price.
7.7. If we are unable to offer you a suitable alternative programme, we will give you a full refund of the original programme price. Subject thereto, we will have no further liability to you arising from the cancellation of the programme by us.
7.8. We may be forced by circumstances beyond our reasonable control to change or terminate your holiday after, or on, the scheduled commencement date of the programme but before the scheduled end of your programme. If this unlikely situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. Please ensure you have adequate travel insurance in place to cover any such eventuality, in accordance with clause 3 above.
7.9. For the avoidance of doubt, all refunds provided under these terms are exhaustive and exclusive of any other remedy.
8. CANCELLATION BY YOU
8.1. You may cancel your participation in the programme, at any time prior to the scheduled commencement date of the programme, by informing us in writing (including by email).
8.2. In accordance with clause 6 above, due to the nature of the programmes we provide and the costs and expenses payable in advance by us following the booking of the programme, any such cancellation by you made in accordance with clause 8.1 above, may be subject to cancellation charges in accordance with this clause 8.
8.3. If you cancel your booking completely, or the booking of any member(s) of your party, then the following refunds will be made to you in respect of that booking:
Notice Of Cancellation & Percentage Refund
More than 12 months before scheduled commencement date of the programme:
- 75% of total programme price or (except in the case of an exclusive group) 75% of applicable member’s portion
More than 2 months but less than 12 months prior to scheduled commencement date of the programme:
- 50% of total programme price or (except in the case of an exclusive group) 50% of applicable member’s portion
Less than 2 months prior to scheduled commencement date of the programme:
- No refund will be provided
8.4. For the avoidance of doubt, if you make the booking at any time less than five (5) months prior to the scheduled commencement date of the programme, the cancellation terms set out above will still apply.
8.5. In the event of an exclusive group booking, if any member of your party is unable to participate in the programme and no suitable replacement is found by you prior to the scheduled commencement date of the programme, the full cost of the exclusive group booking remains due and no refund is applicable, notwithstanding anything to the contrary contained herein.
8.6. You acknowledge that the cancellation charges represent a genuine pre-estimate of loss given the bespoke, advance-cost nature of Antarctic travel.
9. FORCE MAJEURE
9.1. Notwithstanding any other provision of this contract, we will not have any liability under, or be deemed to be in breach of, this contract due to any failure in the performance of this contract which results from any circumstances beyond our reasonable control, including without limitation the inability to participate in or to operate the programme (or any part thereof), or which results from the cancellation of the programme (or any part thereof) (“force majeure event”).
9.2. In the event of a pandemic, all guests and staff are required to undergo the relevant test before they are accepted for travel in order to keep our guests and staff as safe as possible before, during and after their trip to Antarctica. This test will take place on or before the day before the safety briefing and may be mandatory (if indicated by us).
9.3. As outlined in clause 3 above, it is a requirement for all members of your party to carry adequate insurance in respect of medical care and emergency repatriation costs. This insurance must not specifically exclude providing cover in cases of pandemics.
9.4. In the event of one or more guests and/or members of staff displaying symptoms consistent with or testing positive for any relevant pandemic during the programme, it may be necessary for us to make changes to the programme, including but not limited to changing the programme, moving travel dates forward or back, rearranging sleeping and/or dining arrangements and cancelling or curtailing excursions and activities, in accordance with clause 10 below. It may also be necessary to isolate the person who has tested positive or who is showing symptoms. In this case, the refund provisions described in this clause 9 will apply.
9.5. In the event that travel, or the operation of the programme (or any part thereof), is not possible due to a force majeure event:
9.5.1. we will be entitled to cancel the programme, and you will be entitled to cancel your and your party’s participation in the programme, at any time before the scheduled commencement date of the programme, in either case by giving written notice to that effect (including by email) in accordance with this clause 9; and
9.5.2. with the exception of any event occurring in accordance with clause 9.9 below, we will endeavour to offer you places for all members of your party on a suitable alternative programme departing during the same Antarctic season as the programme you originally booked or the following season, if one is running and there are places available on it. A suitable alternative programme may differ in programme structure, duration and timing, provided that its published price is equivalent or higher than that booked by you.
9.6. Any changes made pursuant to this clause shall not give rise to any right of refund or compensation.
9.7. In the event that a specific excursion during the programme is not possible due to a force majeure event (such as avian flu amongst the penguin colonies), we will be able to adjust the programme to exclude such excursion and you shall not be entitled to hold us liable in the event of such an adjustment.
Cancellation by us due to a force majeure event
9.8. For the duration of any relevant force majeure event, in the event that we cancel the entire programme, we shall not be held liable for failure or delay in the performance of our obligations under this contract but will offer you a suitable alternative programme as outlined in clause 7.5 and 7.6 above.
9.9. If we are unable to offer you a suitable alternative programme we will give you a full refund of the original programme price. Subject thereto, we will have no further liability to you arising from the cancellation of the programme by us.
9.10. We shall have no liability arising from any restriction, suspension, cancellation or modification of the programme resulting from any decision, directive or recommendation of any regulatory, environmental, aviation or governmental authority.
10. CHANGES TO THE PROGRAMME
10.1. Although we will seek to adhere to the scheduled programme, the programme does involve adventurous travel to remote and inhospitable regions. The logistics associated with the programme are unique to the Polar Regions and, as such, are very complex. Accordingly, changes to the scheduled programme may need to be made in the interests of safety and/or the health of guests and staff, due to operational factors or for other reasons associated with travel to a polar environment.
10.2. Should a minor be unable to attend a portion of the programme and need to remain in camp, the minor will need to be accompanied by an adult member of your party.
10.3. We reserve the right (at our sole and absolute discretion) to alter the scheduled programme, or to omit any part of the scheduled programme, at any time either prior to the scheduled commencement date of the programme, or during the programme, as a result of circumstances beyond our reasonable control and which may affect our ability to provide the scheduled programme or which may make the operation of the scheduled programme unsafe or otherwise inadvisable (including without limitation any restriction on visiting any penguin colonies).
10.4. We will endeavour to give you as much advance notice as possible of any changes to the scheduled programme but, due to the nature of the circumstances, it may not always be possible to give advance notice of any such changes and, consequently, we reserve the right to make any such changes at any time and without any prior notice.
10.5. Possible changes to the scheduled programme may include (without limitation):
10.5.1. changes to the departure date or departure time(s) from Cape Town to Antarctica and/or the return date from Antarctica to Cape Town - this may result in either an extension or curtailment to the overall duration of the programme;
10.5.2. changes to the type of aircraft used for the flight between Cape Town and Antarctica. The choice of aircraft varies from a smaller private jet to a larger intercontinental aircraft. The choice of aircraft depends on various
factors including, but not limited to, forecast and actual weather, runway conditions, availability, client numbers, permissions and other operational concerns;
10.5.3. the omission of the “South Pole flight” (if any) from the scheduled programme due to issues including (but not limited to); weather related problems, geopolitical issues, or natural occurrences such as earthquakes;
10.5.4. the omission of the “Emperor Penguin Flight” (if any) from the scheduled programme due to issues including (but not limited to); avian flu or pandemics which put the species at risk, weather related problems, geopolitical issues, or natural occurrences such as earthquakes;
10.5.5. changes to activities offered in camp due to issues including (but not limited to) weather related problems, natural occurrences such as earthquakes, or physical ability of a member of your party.
10.6. Protection of wildlife, ecosystems and compliance with Antarctic environmental protocols shall at all times take precedence over guest expectations. Accordingly, adjustments or omissions made for environmental or conservation reasons shall not constitute a breach of contract.
10.7. If we notify you of any substantive changes to the scheduled programme, prior to the scheduled commencement date of the programme, you will be entitled to cancel your booking completely or the booking of any member of your party. This will be treated as a cancellation by us and the terms of clause 7 above will therefore apply. Substantive changes include the omission of any specified activity forming part of the scheduled programme but do not include changes to the type of aircraft used, or immaterial changes to the scheduled programme.
10.8. If we notify you of any changes to the scheduled programme after the scheduled commencement date of the programme, then you will not be entitled to cancel the booking (or the booking of any member of your party).
10.9. If any change to the scheduled programme involves the omission of the “South Pole Flight” (for guests on the South Pole & Emperors Itinerary and Blue Rivers & South Pole Itinerary) or the “Emperor Penguin Flight” (for guests on the South Pole & Emperors itinerary or the Baby Penguins and Blue Tunnels itinerary) then we will refund you, on a per person basis, for these specific elements of the programme in the following amounts:
10.9.1. South Pole flight: $10,000 (USD) per person; and
10.9.2. Emperor Penguin flight: $5,000 (USD) per person.
10.10. If we do alter the scheduled programme or omit any part of the itinerary, during the programme, then (except as stated in clauses 10.6 and 10.8) we will not make any refund of all or any part of the programme price and we will have no liability to you or any member of your party for any losses, damages, expenses or other costs incurred by you or any such member of your party arising directly or indirectly from any such alteration or omission.
11. CHANGE OF BOOKING BY YOU
11.1. If you want to change any member of your party from the member included on the original booking then we will accept the change provided that:
11.1.1. the change is notified to us not less than one (1) month before the scheduled commencement date of the programme;
11.1.2. you supply us with a medical report for the replacement member of your party which is acceptable to us;
11.1.3. such replacement member is adequately insured in accordance with clause 3;
11.1.4. such replacement member executes a separate deed of waiver in accordance with clause 17.1; and
11.1.5. such replacement member agrees in writing to comply with these terms and conditions.
11.2. Any changes to any member of your party made within one month before the scheduled commencement date of the programme will only be accepted subject to White Desert’s best efforts. If, in our reasonable opinion and at our sole discretion, it is not possible to accept the change at such short notice, it will be treated as a cancellation by you and therefore clause 8 will apply.
12. MEDICAL REPORTS
12.1. Within one month after booking and paying your deposit you must provide us with medical reports for each member of your party.
12.2. For guests who have booked 13 months or more in advance, or for members of your party taking part in the “A Day on Ice” itinerary, all members of your party are required to provide Section 1 of the medical form at time of booking. Section 2 of the medical form will need to be completed and provided to us against our request therefore, but in any event prior to the departure date.
12.3. For bookings made within 12 months of departure date on all itineraries except for “A Day on Ice”, all members of your party are required to fill in both sections of the medical form at time of booking.
12.4. No member of your party will be permitted to participate in the programme unless the medical report supplied for that member is acceptable to us, in our sole discretion.
12.5. Without limiting any other right, we reserve the right, at any time prior to commencement of the programme, to refuse participation by any member of your party if we reasonably consider that such participation may pose a risk to safety, operational integrity, regulatory compliance, animal welfare, staff well-being or the experience of other guests.
12.6. If any medical report supplied for a member of your party is not acceptable to us then we reserve the right, at our sole discretion, to cancel the booking in respect of that member of your party. If the medical report has been provided within the timescale in clause 12.2 then we will make a full refund of that part of the programme price paid which relates to that member of your party. If the medical report is not provided within that timescale then it will be deemed to be a cancellation by you under clause 8 and the terms of that clause will apply instead.
12.7. If after you have provided the medical reports there is any change to the medical condition of any member of your party then you are required to disclose that to us as soon as possible. If the change means that, in our opinion, that member of your party is no longer in a satisfactory state of health to participate in the programme, we reserve the right (at our sole discretion) to cancel the booking in respect of that member of your party, in which case it will be deemed to be cancellation by you under clause 8 and the terms of that clause will apply.
12.8. Each member of your party is required to fill in the medical forms accurately and fully disclose all medications, medical procedures and medical conditions (both physical and mental) listed as per the prompts in the medical forms. The medical form will need to be signed off / completed by a registered medical doctor.
12.9. If you or a member of your party have failed to provide accurate medical information on the form and our medical team determines such member to be less able than anticipated to participate in some or all of the programmes or activities booked or their health poses a risk to other guests on the departure, we reserve the right to deny departure to Antarctica, or remove certain experiences from the programme for the members of your party.
12.10. If prior to the scheduled commencement date of the programme or during the course of the programme our medical team considers that (in his or her reasonable opinion) the health of any member of your party is at risk, we may cancel that member’s participation in the whole (or any part) of the programme.
12.11. In the event of cancellation or the programme or any part thereof due to medical reasons, we will not make any refund of the programme price and you will be required to pay any additional costs (such as flight, accommodation and subsistence costs) incurred by that member of your party arising as a result of such member not being able to participate in the programme.
12.12. If during the course of the programme our medical team considers that (in his or her reasonable opinion) the health of any member of your party is at risk, he or she has full authority to order a medical evacuation including repatriating the individual(s) to Cape Town. The costs of this medical evacuation will be borne by the individual(s) in accordance with clause 3.5.
13. SOUTH POLE
13.1. Travel to the South Pole is offered by us on a number of itineraries within our programme. This will be noted in your booking confirmation.
13.2. There are many risks associated with travel to the South Pole due to the remote location and challenging weather conditions to reach the region. In addition, we must consider the health and wellbeing of all guests when travelling to the South Pole which provides additional complications and thus we have an age restriction policy for clients to travel to the South Pole of 16-75 years at time of travel.
13.3. Guests outside of this age range can request to join the South Pole trip and submit additional medical forms to our medical team to be considered for the South Pole trip. Approval of such guests is at our sole discretion.
13.4. If a member of your party is under 16 years at time of travel and has not been cleared to travel to the South Pole then that member of your party will be required to remain at base camp for the duration of the South Pole excursion. It is a requirement that another member of the party, who is over 18 years at time of travel, must also remain behind to supervise any minors for the duration of the South Pole trip.
13.5. If a member of your party has been declined access to the South Pole due to age limitations or medical reasons then we will endeavour to arrange an alternative experience for the clients who are not travelling to the South Pole - subject to logistical and operational factors, along with weather conditions prevailing at the time. No guarantee is made for the provision of alternative experiences.
14. CONDUCT
14.1. If during the course of the programme our group leader considers that (in his or her reasonable opinion) any member of your party has committed an illegal act, failed to comply with clause 14.2 below or behaved in a manner which is, or is deemed likely to be, detrimental to the safety, enjoyment or well-being of any other members of your party, any other participants on the programme or any of our representatives, to our reputation, to the environment and our compliance with environmental regulations in any manner whatsoever, then we may cancel that member’s participation in the whole (or any part) of the programme. In that situation we will not make any refund of the programme price and you will be required to pay any additional costs (such as flight, accommodation and subsistence costs) incurred by that member of your party arising as a result of such member being unable to participate in the programme.
14.2. No member of your party is permitted to leave the Antarctica camp without being accompanied by our group leader or another of our expedition leaders or guides.
15. COMPLAINTS
15.1. Our group leader or our other expedition leaders and guides will use all reasonable endeavours to ensure that any problems which may arise during the programme are resolved for the benefit of the members of your party and the other participants on the programme.
15.2. Neither our group leader nor any other expedition leaders or guides have authority to offer any refunds of the programme price on any grounds whatsoever. Any such refunds can only be sanctioned by our Managing Director. Accordingly, we will not be bound by any written or verbal offer of a refund that is made by any such person(s).
15.3. Should you have a complaint, please write to us at travel@white-desert.com
16. AUTHORITY OF GROUP LEADERS
16.1. Subject to clause 14.2, our group leader has the authority to make decisions regarding the operation of the programme in Antarctica and his or her decision on such operational issues will be final.
17. LIMITATION OF LIABILITY
17.1. This clause 17 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants and sub-contractors) to you and each member of your party in respect of any breach of the contract or any representation, statement or tortious act or omission (including negligence) arising under or in connection with the contract.
17.2. We agree to exercise reasonable skill and care in providing the programme but, subject thereto, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
17.3. Nothing in these terms and conditions limits or excludes our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law.
17.4. Subject to clause 17.3:
17.4.1. we will not under any circumstances whatsoever be liable to you or any member of your party for any special, indirect or consequential loss (including without limitation, any loss of profits, loss of business, depletion of goodwill or loss of contracts);
17.4.2. our total liability to your party (as a whole) in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of this contract shall, in all circumstances, be limited to the aggregate amount of the programme price that is paid to us by your party (as a whole); and
17.4.3. our total liability to any individual member of your party in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of this contract shall, in all circumstances, be limited to the amount of the programme price that is paid to us by that individual member of your party.
17.5. We will not accept responsibility for any expenses incurred by you or your booking agent in preparation for the programme including (without limitation) the cost of any non-refundable or penalty carrying airline tickets, medical expenses, hotel bookings, purchase of special clothing, visa or passport fees or any other programme-related expenses.
17.6. When you travel by air your journey will be subject to the airline’s own conditions of carriage which will apply to you on that journey. When arranging this transportation we rely on the terms and conditions contained within those conditions of carriage. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the airline.
18. VOLUNTARY ASSUMPTION OF RISK
18.1. You acknowledge that there are certain known and unknown hazards involved in Antarctic expeditions which you and each member of your party accept voluntarily at your own risk. You will each be required to execute a separate deed of waiver in respect of this.
19. INVALIDITY
19.1. If any provision in this contract is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the contract and shall be deemed to be deleted from the contract and the validity of the remaining provisions shall not be affected.
20. DATA PROTECTION
20.1. Your privacy and personal information are important to us. Any personal information you provide to us will be dealt with in line with our Privacy Policy. Our Privacy Policy is available on our website at www.white-desert.com and explains (i) what personal information we collect from you (ii) how and why we collect, store, use and share such information (iii) your rights in relation to your personal information and (iv) how to contact us, and our supervisory authorities, if you have a query or complaint about our use of your personal information.
20.2. You consent to the processing and international transfer of your personal and medical data, including to jurisdictions outside the UK/EU, for the purposes of operating the Programme.
21. ENTIRE AGREEMENT
21.1. Except in the case of fraud or fraudulent concealment, these terms and conditions together with the deeds of waiver and medical reports (referred to in clauses 18 and 12) comprise the whole of the contract relating to the provision of the programme and the supply of services to you by us.
21.2. These terms and conditions cannot be varied except in writing signed by our Managing Director.
21.3. You and each member of your party acknowledge that in entering into this contract you have not relied on any representation or warranty (whether made innocently or negligently) which is not set out in these terms and conditions.
21.4. Nothing said or written by the group leader or by any other member of our representatives, shall be effective to vary these terms and conditions or should be regarded as an authorised representation about the nature or quality of the programme or the services offered by us.
22. WAIVER
22.1. No breach of any provision of this contract shall be waived or discharged except with the express written consent of the parties. No failure or delay by a party to exercise any of its rights under this contract shall operate as a waiver thereof and no single or partial exercise of any such right by any party shall prevent any other or further exercise of that (or any other) right by any party.
23. ASSIGNMENT
23.1. You may not cede, assign, delegate, alienate, transfer, sub-contract or otherwise part with any of your rights or obligations in terms of this contract, other than with our express prior written consent.
23.2. We may cede, assign, delegate, alienate, transfer, sub-contract or otherwise part with any of our rights or obligations in terms of this contract, without your consent.
24. OPERATION
24.1. The expiration, cancellation or other termination of this contract shall not affect those provisions of this contract which expressly provide that they will operate after such expiration, cancellation, or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
25. THIRD PARTY RIGHTS
25.1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract and no rights or benefits expressly or impliedly conferred by it shall be enforceable under that Act by a person who is not a party to this contract.
26. GOVERNING LAW
26.1. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in respect of any disputes or claims arising out of or in connection with the contract.
26.2. You acknowledge that no member of your party will be entitled to bring proceedings under the contract, or in relation to any aspect of the supply of the programme, through any courts or judicial system other than the English courts and in accordance with English law.
Deed Of Waiver
Please read carefully
I wish to take part in an adventure travel programme with White Desert Ltd (Company No: 05655519) (“White Desert”) to, and within, Antarctica and the sub-Antarctic region.
I am aware that White Desert requires each programme participant to execute and deliver to them a Deed of Waiver in this form before they will be permitted to embark upon the programme.
I am aware that, as a traveller in Antarctica, in addition to the usual dangers inherent in skiing, hiking or mountaineering expeditions and visiting (for protracted periods) remote Antarctic field camps, I will be exposed to certain additional dangers and risks specific to travel in Antarctica and the sub-Antarctic region, including without limitation:
a.
Extreme weather conditions which can change rapidly and without warning;
b.
Extreme low temperatures which, particularly when compounded by strong winds, can have rapid and adverse effects on the human body and its metabolism;
c.
The potential effect of oxygen depletion when travelling in unpressurised aircraft and visiting regions of higher altitude;
d.
Exposure to solar radiation which may be more intense than in other parts of the world and may be aggravated by reflection from the ice and snow creating additional dangers and risks to skin and eyes;
e.
Extreme low temperatures and the effect of oxygen depletion may cause adverse effects from any drugs or medication. In particular, and without limiting the generality of these risks, the self-administration of any medication for accelerated acclimatization to altitude is not recommended;
f.
The remoteness of the Antarctic region from any modern facilities – medical conditions that do not normally pose a serious threat to one’s health or safety, where medical treatment is readily accessible, may be exacerbated by the logistical delays involved in obtaining medical treatment in Antarctica and the sub-Antarctic region;
g.
Hazardous, little known terrain covered in ice and snow which may disguise or completely obscure dangers such as, but not limited to, unstable slopes, ice holes or crevasses; and/or
Risks to air travel – the general lack of air traffic control facilities and meteorological prediction facilities in Antarctica and the sub-Antarctic region all mean that information normally available to aircrews is often unavailable. Search and rescue infrastructure is, of course, similarly limited.
h.
I acknowledge and accept that Antarctica is a unique destination with inherent dangers and that the enjoyment and excitement of adventure travel to and within Antarctica and the sub-Antarctic region is derived in part from the participation in activities in an extreme environment away from the facilities of modern civilization and that the inherent risks of travel in this environment contribute to such enjoyment and excitement.
I confirm that, for the duration of the White Desert programme, I will abide by the verbal or written directions of White Desert’s Representatives in relation to all matters of safety.
As a condition of, and in consideration for, White Desert permitting me to participate in the programme, I, for myself and on behalf of my heirs, dependents, executors and other legal/personal representatives, agree as follows:
- To assume voluntarily all of the known and unknown risks inherent in adventure travel that may result both from my participation in the programme itself, in transportation to or from the programme route and in any rescue operations or procedures, including, without limitation, the risk of personal injury, death, loss of or damage to personal property and any loss, costs or expenses resulting therefrom;
- To waive voluntarily any and all claims I may now and in the future have against White Desert, and to release White Desert from all liability and not to sue any of its officers, directors, subsidiaries, affiliates, parent companies,
- For the avoidance of doubt, nothing in this Deed of Waiver excludes or limits White Desert’s liability for death or personal injury arising from the negligence of White Desert, or any of its Representatives, for which White Desert is legally responsible;
- I am medically, physically and in all other respects, fit and fully able to participate in adventure travel to and within Antarctica or the sub-Antarctic region and that I have no special medical requirements or conditions except as described in the Medical Form submitted in conjunction with my application to participate in the programme;
- I am solely responsible for my own medical, accident and life insurance coverage and I have obtained coverage suitable for my participation in the travel programme to Antarctica;
- That I am adequately prepared in terms of clothing and equipment, to travel to, and within, Antarctica and the sub- Antarctic region; and
- I am voluntarily entering into this Deed of Waiver, and I have elected to participate in the programme, of my own free will.
I also acknowledge and confirm that, having read and understood this Deed of Waiver (and any other associated documents as supplied by White Desert) in its entirety, I agree:
a.
To be bound by all of the terms and conditions of this Deed of Waiver, and also the associated Terms and Conditions annexed to this Deed of Waiver;
b.
That this Deed of Waiver will be binding on my heirs, next of kin, executors, administrators, personal representatives and successors;
c.
That this Deed of Waiver can only be modified or changed by an agreement made in writing and signed by one of White Desert’s directors; and
d.
This Deed of Waiver, and any dispute or claim whatsoever relating to it or its subject matter or formation, will be governed by and construed in accordance with English law and that the courts of England will have exclusive jurisdiction over any such dispute or claim.
I HAVE READ THIS DEED OF WAIVER AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING GIVEN OR MADE TO ME, AND I INTEND MY SIGNATURE BELOW TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ANY AND ALL LIABILITY TO ME, ON THE PART OF WHITE DESERT AND EACH OF ITS REPRESENTATIVES, TO THE FULLEST EXTENT ALLOWED BY THE LAW.
Appendix 1: Standard Inclusions & Exclusions
1. STANDARD INCLUSIONS
1.1. Safety briefing (return transfers from Cape Town, Franschhoek and Stellenbosch provided)
1.2. Return transfers from Cape Town, Franschhoek and Stellenbosch to Cape Town International Airport for the private Antarctic flight
1.3. Return flight to Antarctica (incl. 30kg total baggage allowance - 23kg hold luggage, 7kg hand luggage)
1.4. All accommodation, food and standard drinks (including all alcohol) in Antarctica
1.5. All guiding fees, support of field guides and logistics staff
1.6. The use of certain items of polar clothing, as denoted on equipment list
1.7. Payment by White Desert Ltd of a ‘Carbon Tax’ for offsetting emissions created by all logistics associated with Antarctic travel
2. STANDARD EXCLUSIONS
2.1. Commercial flights to and from Cape Town, South Africa
2.2. Accommodation and meals whilst in Cape Town
2.3. Polar clothing (you will be sent a tailored kit list in advance of your trip to help you purchase the necessary items)
2.4. Comprehensive insurance cover (White Desert staff can advise you as to the appropriate cover required)
2.5. Additional expenses incurred in Cape Town due to any delay
2.6. Repatriation costs in the event of a medical emergency
2.7. Additional baggage costs over the agreed amount
2.8. Use of a satellite phone whilst in Antarctica
2.9. Discretionary gratuities
2.10. Any shop purchases