Introduction

These are the terms and conditions (“Terms”) under which we offer this Blue Ice tour (“Tour”). By registering and paying your deposit for a Tour, you are entering into this Participant Agreement with us. Please read these terms carefully before making a deposit or payment for this Tour. These Terms may be supplemented by additional terms and conditions specific to the Tour (“Supplemental Terms”). In the event of a conflict between this agreement and the Supplemental Terms, the Supplemental Terms will apply.

Blue Ice Participant Agreement

Blue Ice acts only as the trip organizer, and is not responsible for the acts or omissions of other parties. The trip described on the Blue Ice website (“Website”) or in the brochure may include services provided by one or more independent operators or service providers (“Supplier”). Blue Ice may be referred to herein as “we” or “us.” Each traveler registered for the Tour is referred to herein as a “Participant.” The terms and conditions of the Participant Agreement apply to your Tour and its itinerary.

Pricing and Inclusions

Quoted Tour prices include programming, planning, handling, and operational charges and are based on current rates of exchange, tariffs and taxes. We reserve the right to increase Tour prices to cover increased costs, tariffs and taxes and to reflect fluctuations in foreign exchange markets.

Exclusions

Quoted Tour prices exclude air transport, trip insurance, ground transport other than by passenger motor coach, costs associated with obtaining passports, meals and beverages not specifically identified on the Website or in the brochure, gratuities to Tour directors, drivers and guides; sightseeing not included in the Itinerary; personal expenses and optional activities.

Reservations and Payment

The Initial Deposit amount required for the Tour is listed with your booking form. The Initial Deposit is required in order to confirm your booking and is nonrefundable. Upon receipt of the deposit, we will send you confirmation of your booking. The installment payments will be due on the dates specified with your booking form. NOTE: Many rates provided are based on the number of Tour participants. Therefore, late payments may result in additional fees or even cancellation of your reservation.

Travel Protection and Medical Insurances

You are responsible for purchasing trip cancellation and medical insurances. This insurance helps protect your investment in the event that you must cancel the Tour and also provides certain medical coverage while you are outside the United States.

Cancellation by You

We must receive your cancellation notice in writing by email, fax or those specified in the Itinerary, and your cancellation date will be the date on which we receive your notice. Penalties will apply as specified on your signed registration. Your decision not to participate due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the departure date or time, you will be considered a no-show, and we will be unable to provide either a full or partial refund.

Passports and Visas

You are solely responsible for complying with passport and visa requirements. International travel requires a passport valid six months beyond your intended return travel date. You must have your passport in your possession at all times while on the Tour. You must also provide us with a copy of the inside page of your passport (showing your name and photo) at the time of your reservation.

Cancellation or Substitution by Us

We will make commercially reasonable efforts to keep the Itinerary as it has been published; however, the final Itinerary may vary due to availability and factors beyond our control. We may, in our sole discretion, substitute services such as hotels or goods of similar quality for any service or good stated in the Itinerary. We reserve the right to cancel any Tour in our sole discretion because of inadequate enrollment that makes the Tour economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. If we cancel a Tour, our liability is limited to a full refund of your payments to us and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances. If a Tour in progress must be interrupted or canceled, our liability shall be strictly limited to refund of the recoverable costs of any unused portion of the Tour.

Other Taxes and Fees Related to International Travel

Some governments charge departure taxes and/or fees imposed on a per-passenger basis. These additional costs are the responsibility of each passenger traveling to the designated country and are not included in the Tour price unless stated.

Photography and Video

We may take photographs or videos of Tours and Tour Participants. Participants will grant us express permission to do so and to use such photographs or videos for promotional or commercial use without payment or any fee or royalties.

Suppliers Acts or Omissions

We act only as an independent contractor to supply or arrange for the travel services named in your Itinerary or otherwise to procure services or goods from third parties such as airlines, hotels and other lodging providers, local hosts, guides, bus lines, car rental companies, driving services, restaurants and providers of entertainment (the “Suppliers”). We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers.

Limitation of Liability and Damages

In no event will we be liable for any injury, loss, claim, damage or any special, punitive, exemplary, direct, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, that arise out of or are in any way connected with the Tour, even if advised of the possibility of damages.

Travel Advisories and Warnings

It is your responsibility to become informed about the most current travel advisories and warnings by referring to the US State Department’s travel website at travel.state.gov.

Force Majeure

We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the Tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes, attacks or bites by animals, insects of pests, criminal activity or strikes. We have no special knowledge regarding unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. You understand that health care standards, facilities and services abroad may be different or even inadequate to treating health conditions. For information concerning possible dangers at foreign destinations, we recommend contacting the Travel Warnings Section of the US State Department at 202-647-5225 or www.travel.state.gov and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at 877-FYI-TRIP or www.cdc.gov/travel.

Assumption of Risks and Release

If you participate in activities during your Tour, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all of these risks and dangers, and you hereby expressly agree to forever release, discharge and hold us and our agents, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your Tour or participation in any activities.

Governing Law and Waiver of Trial by Jury

These Terms will be interpreted under and governed by the laws of the state of Minnesota. By indicating your acceptance of these Terms you knowingly, voluntarily and irrevocably: (i) consent to the exclusive jurisdiction of Minnesota courts; (ii) waive any immunity or objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non convenience; (iii) waive any personal service of any summons, complaint or other process that may be made by any other means permitted by the state of Minnesota; (iv) waive any right to trial by jury and agree that any such dispute will be decided by court trial without a jury.

Health Requirements and Activities

Some of our Tours incorporate or require activities such as walking, hiking, stair climbing and the like; you are responsible for familiarizing yourself with the level of activity that will be involved in your Tour. You must disclose in your Participant Agreement (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition or limitation. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. Portions of this tour may not provide wheelchair accessibility, and may not be suitable for motorized scooters, walkers, and canes. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles. We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the Tour, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other passengers. If any Participant is removed from the Tour due to health reasons beyond the Participant’s control, our only obligation is to refund to that Participant that portion of the payment allocable to unused services. If any Participant is removed from a Tour due to the Participant’s violation of these Terms, we are not obligated to offer any refund.

General

Our receipt of a facsimile or scanned transmission of any signed document shall be deemed delivery of an original. We reserve the right to decline to do business with anyone on a non-discriminatory basis.