These Booking Conditions (“Booking Conditions”), together with our Privacy Policy, Acknowledgment of Risk form and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Shackleton of Flint Buildings, 1 Bedding Lane, Norwich NR3 1RG with company number: 07169051 (“Shackleton” “we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations
References to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
We design and deliver unique expedition experiences. Shackleton Challenges (“Expedition”) are physically and mentally demanding, but incredibly rewarding. We provide support and guidance for preparation, including training plan design, advice on nutrition, kit recommendation, and general guidance. All challenges have full medical support.
Note on Third-Party Services: Our website also contains information regarding other related travel services (e.g., polar expedition cruises) that are not bookable through us. We act as an advertising intermediary only for these services and are not liable for their provision or content inaccuracies.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
They have read and agree to be bound by these Booking Conditions and has the authority to and does agree to be bound by them;
They consent to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and/or dietary requirements);
They are over 18 years of age and where placing an order for services with age restrictions declares he/she and all members of the party are of the appropriate age to purchase those services;
They accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Booking and Paying for Your Arrangements
A booking is confirmed when we receive the required deposit payment and issue a booking confirmation. Deposit payments must be made within 7 days of the invoice issue date. Payment Schedule
For all Expeditions excluding Antarctica:
25% deposit payable on booking.
A further 25% payable no less than 180 days before departure.
The remaining 50% payable no less than 90 days before departure.
For Antarctica Expeditions:
25% deposit payable on booking.
The remaining 75% payable no later than 1 September prior to the season of departure.
All balance payments must be made within 7 days of invoice unless otherwise agreed in writing. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirm that will then confirm the details of your booking. If you believe that any of the details on the booking confirmation or any other document we send to you are wrong, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document.
2. Accuracy
We endeavour to ensure all information and prices are accurate, but we reserve the right to correct prices and other details where changes and errors occur. You must check the current price and all other details before making your booking.
3. Insurance
Adequate travel insurance is a condition of your contract, effective from the date of deposit payment. Your insurance must fully cover all personal requirements, including pre-existing medical conditions, cancellation charges, medical expenses, and repatriation in the event of accident or illness If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Important Note: Many of our activities/excursions are considered winter sports and may not be covered under standard travel insurance policies. Ensure your policy provides adequate protection.
4. Pricing
We reserve the right to amend the price of unsold Expeditions and correct errors in confirmed Expeditions. We also reserve the right to increase the price of confirmed Expeditions to allow for increases in:
(i) the price of passenger carriage due to fuel or power costs;
(ii) the level of taxes or fees imposed by third parties (e.g., tourist taxes, landing fees); and
(iii) the exchange rates relevant to the Expedition package.
Price Increase more than 8%: If the increase is more than 8% of the confirmed Expedition price (excluding insurance, amendment charges, and additional services), you have the option to:
Accept a change to another Expedition (with a refund for a lower value one), or
Cancel and receive a full refund of all monies paid (except insurance premiums and amendment charges/additional services).
You must exercise your right to cancel within 7 days from the final invoice issue date.
Price Decrease: If the price decreases, any refund due will be paid less an administrative fee of £25.
No Changes within 20 Days: There will be no price change to your confirmed Expedition within 20 days of your departure, nor will refunds be paid during this period.
5. Jurisdiction and Applicable Law
These Booking Conditions are governed by English law. Any dispute will be dealt with by the Courts of England and Wales only, unless you live in Scotland or Northern Ireland, in which case you may choose the law and jurisdiction of those places.
6. Cutting your Expedition short
If you return home early, we cannot refund the cost of any unused travel arrangements. If you cut short your Expedition without a reasonable cause for complaint, we will not offer any refund or be liable for associated costs. Your travel insurance may cover curtailment and we suggest that any claim is made directly with them.
7. If You Change Your Booking & Transfers of Bookings
If you wish to make a change to any part of your booking after confirmation, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee we will be able to meet your requested change. Where we can meet a request, all changes will be subject to:
An administration fee of £100 per person per minor change; and
Any costs and charges incurred by us and/or incurred or imposed by any of our suppliers.
These costs may increase closer to the departure date. If we cannot assist and you do not wish to proceed with the original booking, this is treated as a cancellation by you and a cancellation fee may be payable in accordance with clause 8.
Transfer of Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
That person is introduced by you and satisfies all Expedition conditions.
We are notified not less than 7 days before the start of the Expedition.
You pay any outstanding balance, an amendment fee of £100 per person transferring, as well as any additional fees/costs or other charges arising from the transfer; and
The transferee agrees to these booking conditions and all other terms of the contract between us;
You and the transferee remain jointly and severally liable for payment of all sums. If no replacement is found, cancellation charges set out in clause 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services..
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation fee of up to 100% cancellation of that part of the arrangements.
7.2 Deferral of Booking
Deferral (transferring to a future Expedition) is a concession, not a right, is subject to availability, and is permitted once only.
Any cancellation or deferral is subject to a non-refundable administration fee, in addition to any other charges:
£250 for all Expeditions excluding Antarctica.
£500 for Antarctica Expeditions.
7.2.1 Expeditions Excluding Antarctica
|
Time before departure |
Deferral terms |
|
More than 180 days |
Deposit may be transferred to a future Expedition as credit, less the £250 administration fee. |
|
179 to 91 days |
25% of the total Expedition cost is charged. 25% remaining balance is transferred as credit. |
|
90 days or fewer |
Deferral is not permitted and will be treated as a cancellation. |
Any credit issued following a permitted deferral:
Is valid for 12 months from the original departure date.
Must be applied to an Expedition of equal or greater value.
Requires payment of any price difference by the client.
7.2.2 Antarctica Expeditions
|
Timing |
Deferral terms |
|
Before 1 September |
One deferral may be permitted at Shackleton’s discretion, subject to availability and a £500 administration fee. |
|
On or after 1 September |
Deferral is not permitted and will be treated as a cancellation. |
8. Cancellation By You Before Departure
If you wish to cancel your confirmed booking you must notify us in writing via email (challenges@shackleton.com) , with the reason for your cancellation, with such notice given by the first named person on the booking. Cancellation takes effect on the date we receive written notice.
Should one or more member of a party cancel, it may increase the per person Expedition price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Expeditions Excluding Antarctica
|
Time before departure |
Cancellation charge |
|
More than 180 days |
£500 |
|
179 to 91 days |
£1000 |
|
90 days or fewer |
25% of the total cost |
If the amount paid is less than the charge, you remain liable for the balance.
amendment fees, and third-party costs are non-refundable.
Antarctica Expeditions
|
Timing |
Cancellation charge |
|
More than 90 days prior to departure |
£2,500 |
|
Fewer than 90 days prior to departure |
100% of the total cost |
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your Expedition destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. In order to rely on this clause you must be able to show that, based on the information available at the time of cancellation, there was no longer a reasonable possibility of your Expedition going ahead (either at all or without being significantly affected).
For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.
This condition 8 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9. If We Change or Cancel
We may occasionally make changes or cancel your booking and we reserve the right to do so at any time.
Minor Changes: We will make reasonable efforts to inform you as soon as possible if there is time to do so before your departure, but we have no liability to you. Examples include minor itinerary changes, change of Expedition Leader, and change of accommodation to the same or higher standard. Changes due to polar conditions or limited infrastructure will be deemed minor.
Significant Changes: Occasionally we may have to make a significant change to your confirmed arrangements. Examples include: change of accommodation area, change of accommodation to a lower standard, outward departure time change of more than 12 hours, a significant change to your itinerary.
Cancellation
We will not cancel your Expedition less than 60 days before commencement except for Events Beyond Our Control or your failure to pay the final balance. We may cancel before this date if the minimum number of clients is not reached.
If we make a significant change or cancel we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i. Accepting the changed arrangements (for significant changes); or
ii. Having a refund of all monies paid; or
iii. where we offer one, accepting an offer of an alternative expedition (with a refund for a lower value one), if available.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond, we will assume that you have chosen to accept the change or alternative booking arrangements.
Compensation
We will pay compensation (in addition to a full refund) if:
Where we make a significant change, you do not accept the changed arrangements and cancel.
We cancel your booking and no alternative arrangements are available/offered.
We will not pay compensation for: minor changes; where we make significant changes or cancel your arrangements more than 60 days before departure; where we make significant changes and you accept those changed or alternative arrangements; cancellation due to your failure to pay; changes/cancellations requested by you; or changes/cancellations due to Events Beyond Our Control (see Clause 10).
If a significant proportion of arrangements cannot be provided after departure, we will make alternative arrangements at no extra charge. If the alternatives are of a lower standard, we will provide an appropriate price reduction.
10. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned control.
11. Special Requests
Any special requests (e.g., diet, room location) must be advised at the time of booking and confirmed in writing. While we will try to arrange reasonable requests, we cannot guarantee fulfilment. Failure to meet a request is not a breach of contract unless the request was specifically confirmed by us. We do not accept bookings conditional upon a special request being met.13a. Social media and imagery
Stills and videos taken by professional photographers, guides, or other participants may be used on the Shackleton website and/or social media, with your explicit permission which will be requested at the start of the tour..
12. Disabilities and Medical Problems
We do not recommend our Expeditions for children under 18 or pregnant women due to the physically challenging nature.
In addition, we are not a specialist disabled expedition company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. Expeditions require a good level of physical fitness, we therefore require the following;
You must provide full details of any medical problem or disability before booking to assess suitability.
All customers are required to complete medical information forms accurately.
We may require a doctor’s certificate certifying fitness to participate.
Acting reasonably, if we cannot properly accommodate your needs, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel your booking (and the applicable cancellation charges will be imposed when we become aware of these details.
13. Complaints
If you have a problem during your Expedition, you must inform the relevant supplier (e.g., Expedition leader/guide) immediately. If not resolved locally, contact challenges@shackleton.com.
If the problem cannot be resolved and you wish to complain further , you must send formal written notice to our office, ideally within 28 days of the end of your stay, providing your booking reference and relevant information. Failure to follow this procedure may affect our ability to investigate your complaint and affect your rights under this contract.
14. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not disrupt the enjoyment of others. If , in our opinion or the opinion of any person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, harassment, danger, annoyance to any other customer or any third party, or damage to property, or to cause a delay/diversion to transportation, we reserve the right to terminate your booking immediately.
In the event of such termination, our liability to you and/or your party ceases and you and/or your party will be required to leave immediately your accommodation or other arrangements immediately. We will have no further obligations to you or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
You may be required to pay for loss and/or damage caused by your actions.
We are not responsible for the actions or behaviour of other guests/individuals unconnected with your booking.
15. Our Responsibilities
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.
We will not be responsible or pay compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
We will not be responsible or pay compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
The acts and/or omissions of the person affected; or
The acts and/or omissions of an unconnected third party with the provision of the services contracted for and which were unforeseeable or unavoidable; or
Events Beyond Our Control (as defined in Clause 10).
We limit the amount of compensation we may have to pay you if we are found liable until this condition:
Loss of/damage to luggage, personal possessions, and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total (as you are required to have adequate insurance in place to cover any losses of this kind).
Claims not falling under (a) above and which don’t involve injury, illness, or death: The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
Claims in respect of international travel by sea and rail, or any stay in a hotel:
Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package Expedition you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your Expedition. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us
It is a condition of our liability acceptance that you notify any claim strictly in accordance with the complaints procedure (Clause 15).
Where any payment is made, the persons receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably assistance require.
We will not accept liability for any damage, loss, or expense or other sum(s) of any description which:
on the basis of the information given to us by you concerning your booking prior to accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; b
relates to any business;
is indirect or consequential loss of any kind.
We will not accept responsibility for services or facilities which do not form part of our agreement or are not advertised by us (e.g., excursions booked whilst away, or services provided by a hotel or other supplier).
Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Expedition. For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
16. Excursions
Excursions or other tours booked while on your Expedition are not part of your contract with us. For any excursion or other tour that you book, your contract is with the operator of the excursion or tour and not with us, and we are not responsible for its provision or anything that happens during the course of the provision by the operator.
17. Insolvency Protection
We provide full financial protection for our expeditions by way of a trust account administered by independent trustees, Travel Trust Services Ltd, t/a Serenity Travel Trusts Suite 2, Realtex House, Leeds Road, Rawdon, Leeds, LS19 6AX. We provide financial protection for packages that we sell as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. We provide this by depositing money paid for packages into a trust account administered by independent trustees, Travel Trust Services Ltd t/a Serenity Travel Trusts http://serenitytrusts.co.uk/for-consumers/. Money is not released from that account until after you have travelled. If you book arrangements other than a package with us, your monies will not be financially protected. Please ask us for further details.
18. Entry, Passport, Visa &Immigration Requirements, Safety & Health Formalities
We can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.
Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readable (for USA travel), or which visas may be required for entry such as ESTA for USA travel, ETA for UK travel and/or ETIAS for EU travel.
You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such body would be relevant to yourself.
the Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents);
UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship.
Embassies, High Commission and/or Consulates;
own doctor.
For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or safety and health formalities.
19. Conditions of Suppliers
Services are provided by independent suppliers in accordance with their own terms and conditions, which form part of your contract with us. Some of these terms may limit or exclude the supplier's liability to you, often in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
20. Prompt Assistance
If, whilst you are on Expedition, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
21. Delays, Missed Transport Arrangements and other Travel Information
If you miss your transport arrangement, it is cancelled, or you are subject to a delay of over 3 hours for any reason, you must contact us or the transport supplier concerned immediately.
22. Advance Passenger Information
A number of Governments are introducing new requirements for our suppliers to provide personal information about all travellers to the Authorities prior to travellers arriving at the destination. The data will be collected either at the time of or after a booking is made. Where we collect this data, we will treat it in accordance with our Privacy Policy.