TERMS AND CONDITIONS

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.

1. DEFINITIONS

In these terms and conditions the following terms will have the following meanings:

“circumstances beyond our reasonable control” 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, interruptions to communications, aircraft unavailability, unsuitability of runway or aircraft operating conditions, strikes, acts of terrorism, wars, epidemics or pandemics and Acts of God;

“contract” 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;

“group leader” means our Camp Manager, Field Operations Manager, Field Guide or any other member of our representative fulfilling a similar role;

“members of your party” 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;

“programme” means the adventure travel programme, to and within Antarctica and the sub-Antarctica region, which you have booked;

“representatives” means any of our officers, directors, subsidiaries, affiliates, parent companies, employees, aircrew, guides, agents, representatives, contractors, sub-contractors or suppliers;

“scheduled commencement date of the programme” 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;

“suitable alternative 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;

“we” or “us” or “our” refers to White Desert Ltd, Aston House, Cornwall Avenue, London, N3 1LF, United Kingdom (Company Number: 5655519); and

“you” or “your”

refers to the person, persons or corporate (or incorporated) body who have signed the booking form.

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 or equipment 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 solely 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, 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, 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. A deposit of 25% of the total programme price will be due at the time of booking. As the lead-times involved in mobilising aircraft and staff and positioning adequate fuel in Antarctica are very significant, the remaining 75% of the total programme price will be payable no less than five (5) months prior to the scheduled commencement date of the programme. If the booking is made within five (5) months prior to the scheduled commencement date of the programme, then the full programme price will be payable at the time of booking.

6.3. 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 your deposit 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 unavoidable or extraordinary 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 time away. 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.

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 we will not refund the 25% deposit which you have paid in respect of that booking.

8.4. If notice of your cancellation is given at least five (5) months prior to the scheduled commencement date of the programme, and you have already paid the total programme price, then we will refund 75% of the total programme price paid or the appropriate part of that sum where the cancellation is only in respect of a member of your party (i.e. not the whole of your party).

8.5. If your notice of cancellation is given less than five (5) months, but more than two (2) months, prior to the scheduled commencement date of the programme, and you have already paid the total programme price, we will refund a fixed rate of 50% of the total programme price paid.

8.6. If your notice of cancellation is given less than two (2) months prior to the scheduled commencement date of the programme, and you have already paid the total programme price, we will not refund any part of your payment.

8.7. 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.

9. PANDEMIC

9.1. Notwithstanding any other provision of this contract, neither we nor you will 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 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), due to a pandemic (including but not limited to Covid-19).

9.2. For the duration of any pandemic and for such period thereafter as may reasonably be required by our medical staff, 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 is mandatory.

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 itinerary, 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 the impact of the pandemic (whether by reason of your home government travel restrictions or any other direct impact of such pandemic on us or you):

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 9.10 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.

Cancellation by us due to a pandemic

9.6. For the duration of any relevant pandemic, in the event that we cancel the programme because of the presence of a pandemic in our camps or because our aircrew, group leader, doctor or other key personnel display symptoms consistent with or test positive for such pandemic or for any unforeseeable act or event beyond our reasonable control related to the pandemic, 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.

9.7. 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.

Cancellation by you due to a pandemic

9.8. For the duration of any relevant pandemic (including but not limited to Covid-19) if the programme is able to proceed but you or any member of your party:

9.8.1. are unable to travel to Cape Town in time for the scheduled commencement of the programme as a result of delays or cancellations caused directly by a pandemic, including but not restricted to illness of the traveler directly related to the pandemic with proof of positive test result, travel restrictions, border closures and visa unavailability; and/or

9.8.2. test positive for any relevant pandemic in Cape Town before attending the safety briefing, those who test positive will not be permitted to join the safety briefing or take part in the programme and will instead need to self-isolate in Cape Town at their own expense,

we will offer the affected parties a suitable alternative programme, as outlined in clause 9.5.2 above, to be taken in the current Antarctic season or the following season after your programme was scheduled to begin.

9.9. If you are unable or unwilling to accept the suitable alternative programme in accordance with clause 9.8 above, no refund will be offered instead, unless advance notice is given of more than two (2) months in accordance with clause 8 above in which case clause 8.4 to 8.6 (inclusive) will apply depending on the relevant notice given.

9.10. In the event that you or any member of your party display symptoms consistent with or test positive for any relevant pandemic in Antarctica and/or during the programme, those who test positive will be assessed by the White Desert camp doctor, who will decide whether they may be permitted to take part in the remainder of the programme or whether they will instead require emergency evacuation from Antarctica and/or to self-isolate. If they require medical evacuation and/or to self-isolate, any costs or expenses involved, including the cost of the evacuation flight, will be at their own expense. In such event, we will have no liability due to any failure in the performance of the remainder of the programme and will be unable to make any refunds, pay you any compensation or meet any costs or expenses you or any member of your party incur as a result.

9.11. As explained in clause 3.5, if any member of your party requires emergency evacuation from Antarctica on an unscheduled flight as a result of testing positive for any relevant pandemic 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, you will be liable to pay such costs to us in full.

10. CHANGES TO THE ITINERARY

10.1. Although we will seek to adhere to the scheduled itinerary, 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 itinerary 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. We reserve the right (at our sole and absolute discretion) to alter the scheduled itinerary, or to omit any part of the scheduled itinerary, 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 itinerary or which may make the operation of the scheduled itinerary unsafe or otherwise inadvisable.

10.3. We will endeavour to give you as much advance notice as possible of any changes to the scheduled itinerary 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.

10.4. Possible changes to the scheduled itinerary may include (without limitation):

• 10.4.1. 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.
• 10.4.2. 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.
• 10.4.3. The omission of the “South Pole flight” (if any) or “Emperor Penguin Flight” (if any) from the scheduled itinerary.

10.5. If we notify you of any substantive changes to the scheduled itinerary 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.

10.6. If we notify you of any changes to the scheduled itinerary 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).

10.7. If any change to the scheduled itinerary involves the omission of the “South Pole Flight” (for guests on the South Pole & Emperors Itinerary) or the “Emperor Penguin Flight” (for guests on the “South Pole & Emperors” itinerary or the “Early Emperors” itinerary) then we will refund you, on a per person basis, for these specific elements of the programme in the following amounts:

• 10.7.1. South Pole flight: $8,000 (USD) per person
• 10.7.2. Emperor Penguin flight: $4,000 (USD) per person

10.8. If we do alter the scheduled itinerary or omit any part of the itinerary during the programme, then (except as stated in clauses 10.5 and 10.7) 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 16.1; 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

12.1. All guests are required to be vaccinated against COVID-19 according to White Desert’s policy.

12.2. Within one month after booking and paying your deposit you must provide us with medical reports for each member of your party.

12.3. 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.

12.4. 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.

12.5. 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.

12.6. If during the course of the programme our group leader and/or camp doctor considers that 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. No refund will be made and you will be required to pay any additional costs incurred.

12.7. If a medical evacuation is required, the costs will be borne by the individual(s) in accordance with clause 3.5.

13. CONDUCT

13.1. If any member of your party behaves in a manner detrimental to safety or enjoyment, we may cancel their participation without refund.

13.2. No member of your party is permitted to leave the Antarctica camp without being accompanied by our group leader or another expedition leader or guide.

14. COMPLAINTS

14.1. Expedition leaders will use reasonable endeavours to resolve issues during the programme.

14.2. No refunds may be offered by expedition staff.

14.3. Complaints should be submitted in writing to: info@white-desert.com

15. AUTHORITY OF GROUP LEADERS

15.1. Operational decisions in Antarctica are final and binding.

16. LIMITATION OF LIABILITY

(Clauses 16.1 – 16.6 reproduced in full and unchanged)

17. VOLUNTARY ASSUMPTION OF RISK

17.1. You acknowledge and accept all inherent risks associated with Antarctic expeditions.

18. INVALIDITY

18.1. If any provision is deemed invalid, the remainder of the contract remains unaffected.

19. DATA PROTECTION

19.1. Personal information is handled in accordance with our Privacy Policy available at www.white-desert.com

20. ENTIRE AGREEMENT

20.1 – 20.4. These terms constitute the entire agreement and may only be varied in writing by our Managing Director.

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21. WAIVER

21.1. No waiver is valid unless expressly agreed in writing.

22. THIRD PARTY RIGHTS

22.1. The Contracts (Rights of Third Parties) Act 1999 does not apply.

23. GOVERNING LAW

23.1. This contract is governed by English law. 23.2. The English courts have exclusive jurisdiction.