Thank you for choosing to book with Heritage Expeditions Ltd. (hereinafter referred to as: “HE”). Before you make a firm booking, we recommend you (hereinafter referred to as “contracting party”) carefully read the following travel conditions. These general travel conditions and the term “contracting party” apply to both private persons (direct bookings) and (travel) organisations (see par. 1.2).

1. Reservation of trip / travel notification

1.1 If the contract comes about by means of a written acceptance by the contracting party on the offer of HE, upon which a binding travel contract with HE is effectual, all conditions set out in paragraph 1.3 up to and including paragraph 11.3 apply. If the contracting party, in addition to himself or herself, lists one or more other persons on one notification form, this contracting party is automatically responsible for all obligations ensuing from the travel contract (in line with the general travel conditions of HE) concerning himself and the other persons booked. 1.2 If the contract has come about by means of a written acceptance by a (travel) organisation (as in the case of, but not limited to, tour operators, agencies, travel agents, foundations, societies etc), this (travel) organisation enters into a binding travel contract with HE. The (travel) organisation in question is then exclusively considered as the contracting party to which all conditions set out from paragraph 1.3 up to and including paragraph 11.3 apply. This is irrespective of the possibility that the (travel) organisation in turn enters into a binding travel contract with clients it has recruited (such as, but not limited to, private persons, members of the (travel) organisation, travel agents and third parties in general). 1.3 The contracting party shall, before the effecting of the travel contract and its implementation, provide HE with necessary personal data concerning himself or herself or third parties - in the case of a (travel) organisation the client(s) of the (travel) organisation. Incorrect or incomplete provision of (personal) data could result in faulty vouchers, etc for which HE shall not be held liable. 1.4 On receipt of the written booking form, the trip that has been booked will be confirmed by HE by means of a confirmation invoice sent to the contracting party.

2. The travel offer / the travel elements

2.1 The scope of the travel offer (the travel elements) booked by the contracting party is contractually recorded in the travel confirmation (invoice) in combination with the description from HE’s most up-to-date brochure / programme description. 2.2 Any deviation from the travel elements described in the brochure and publications are valid only if confirmed by HE in writing. This may be in the original offer, travel confirmation or a communication sent later.

3. Payment

3.1 On the implementation of the travel contract, the contracting party must pay to HE an advance of 10% of the total price, unless otherwise stated in the travel confirmation. A further 15% of the total price must be paid to HE 12 calendar months prior to departure, unless otherwise stated in the travel confirmation. If the travel contract has been agreed within 12 calendar months of departure, 25% of the total price must be paid to HE immediately. In the case of a (travel) organisation that has guaranteed allocation, the following payment conditions apply: 10% of total deposit on signing the contract, 10% of total price 12 calendar months prior to departure, 30% of total price 180 days prior to departure. The remaining 50% of the total price is due 90 days before departure. 3.2 After payment has been received, the travel documents will be dispatched. 3.3 If the contracting party fails to fulfil their payment obligations, HE will send him/her a written reminder and he/she will have the opportunity to make immediate payment. If payment is still not made, the contracting party is liable to pay interest on the amount due of 1% for each month or part of a month that this remains unpaid. Furthermore, he/she will be liable to pay compensation for legal collection costs equal to an additional 15% of the sum claimed, with a minimum amount of 50 USD. If the contracting party fails to comply with his/her payment obligations, HE reserves the right to cancel the contract on the day of default. HE is entitled to charge the cancellation costs incurred (in line with paragraph 6 or as agreed otherwise in the travel confirmation). 3.4 If, regarding the above, payment is then made, but HE cannot send the travel documents to the contracting party before the start of the journey, any additional dispatch costs will be charged to the contracting party. HE will not be held responsible for any travel documents not arriving on time.

4. Changes in travel elements / price changes

4.1 Changes to the travel offer, which occur before the start of the journey and are agreed in the travel confirmation, are permitted only if they do not substantially alter the nature of the trip. This includes, among other things, changes made by the airline, changes in flight departure times, changes referring to hotel overnight stays before or after the main journey, minor changes in the travel programme or excursion offer. HE is obliged to inform - in writing - the contracting party of such changes. Such changes may not be used by the contracting party as a reason for cancelling the travel contract. 4.2 The agreed price is based on the prices, exchange rates, duties and taxes as known to HE at the time the publication went to press and at the time of the travel confirmation. HE reserves the right to raise the agreed price on the grounds of, among other things, unforeseeable increases (e.g. exchange rates, sudden increased prices of accommodation providers, airlines, duties, taxes, harbour dues and fuel prices). In the event that HE considers a price alteration is considered necessary, HE is obliged to inform the contracting party of this, in writing, at the very latest 20 days before the day of departure. Price increases are not permitted within 20 days of the start of the journey. In the case of a price increase of more than 5% of the total price of the trip, the contracting party is entitled to cancel the trip without incurring any costs.

5. Cancellation of the trip by HE

5.1 If the minimum number of participants has not been achieved, HE is entitled to cancel the planned trip up to 30 days before departure. Any payment already received from the contracting party will be paid back by HE if the contracting party does not agree to accept an alternative trip offered by HE. 5.2 HE has the right to cancel the trip in the case of force majeure (e.g. war, uprising, natural disasters, abnormal / exceptional weather and ice conditions, legal stipulations of the local/regional authorities and other “acts of God”). HE will not be held liable for force majeure. If situations of force majeure occur before the departure date, HE will pay back to the contracting party the amount already paid. If situations of force majeure occur during the trip, HE will try to offer an alternative programme. If this should prove impossible, either HE or the contracting party is entitled to cancel the trip. In such a case, HE will not be held financially liable. However, in the case of any cost savings, HE shall return these monies to the contracting party. HE is obliged to assist the contracting party - in the case of a (travel) organisation, the client(s) of the (tour) organiser - in obtaining a return trip/flight. The contracting party him/herself is responsible for the costs of this. 5.3 If HE, by virtue of the provisions of par. 5.1 and 5.2, cancels the trip, only the equivalent of the billed price will be paid back to the contracting party. HE will not be held liable for costs the contracting party has incurred in preparation of the trip nor for reservations of travel components (such as but not limited to flights, hotels, connecting programmes, (travel) insurances) which, in combination with the trip booked with HE, may have been booked elsewhere.

6. Cancellation of the trip by the contracting party

6.1 The contracting party may cancel the travel contract (exclusively in writing) at any time before the beginning of the trip. In the case of cancellation by the contracting party HE is entitled to charge the following costs to the contracting party: For cancellations received more than 120 days prior to the departure date, a full refund will be made less a $US400.00 per person administration/handling fee. For cancellations received within 120 days of the embarkation date the full deposit will be forfeited. The full expedition fee will be forfeited if notice is received within 90 days of the departure date. 6.2 In the case of a (travel) organisation that cancels a guaranteed allocation, the following cancellation fees apply: - Up to and including 180 days prior to departure: 20% of the total price - From 179 days up to and including 90 days prior to departure: 50% of the total price - From 89 days up to and including the day of departure: 100% of the total price 6.3 If the contracting party, after booking, wishes to make changes to the booked trip (e.g. the departure date, destination or type of accommodation), this is considered a cancellation and the cancellation costs stated in par. 6.1 and 6.2 apply. In case of minor changes HE is entitled to charge reservation costs of at least $US25 per alteration. 6.4 It is possible for the contracting party - in the case of a (travel) organisation, the client(s) or the (travel) organiser, to take out cancellation insurance to cover the costs of any cancellation of the trip (see also par. 10.4).

7. Liability of HE

HE is obliged to provide correct details of the trip according to the travel contract and in line with the expectations the traveller may reasonably have on the grounds of the contract. HE is responsible for the selection of accommodation providers of ships, hotels, resorts etc, composition and the quality control of the travel elements and excursions, description of the travel elements in the HE brochures and other publications, the processing of the travel confirmation, reservation of the travel elements and control and dispatch of the travel documents.

8. Exclusion and limitation of the liability of HE

8.1 HE acts as intermediary for the sale of travel elements between, on the one hand, providers of accommodation/services (such as but not limited to, a stay in a hotel, a voyage on a ship, services of dive bases and providers of transport) and, on the other hand, the contracting party and therefore HE’s liability is excluded. In these cases the conditions of the relevant providers of accommodation/services and/or the stipulations of (inter) national law applies and all liability of HE.