Upgrade Your Cabin

For passengers who have a Confirmed Booking which has been made through an Agent then the Invitation Email may be sent to either the passenger or that Agent, dependent on the email provided at the time of booking. Quark Expeditions accepts no responsibility for, or liability in respect of, any failure by your Agent to make you aware of the Cabin Upgrade Program for your Expedition or your failure to participate in the Cabin Upgrade Program in respect of such failure by your Agent. For the avoidance of doubt your Agent remains your agent and any actions or instructions you give to your Agent in respect of the Cabin Upgrade Program shall be between you and your Agent.  

The Invitation Email shall provide you with information regarding (amongst other things) the cabins which are available for a Cabin Upgrade and details of how you may submit your bid for a Cabin Upgrade. 

All eligible passengers shall be permitted to place a bid for a Cabin Upgrade which shall begin from 120 days before the departure date of your Confirmed Booking and such period shall remain open until (and including) 45 days prior to the departure date of the Expedition (the “Bidding Window”). All bids for a Cabin Upgrade must be received by the end of the Bidding Window by Quark Expeditions on the Plusgrade App. Quark Expeditions cannot be held responsible for any network, computer or software failures of any kind which may restrict or delay the sending or receipt of your bid and/or your receipt of the Invitation Email, including (without limitation) any failures of the Plusgrade App which is provided by Plusgrade, Inc. and is outside of the control of Quark Expeditions.  

Each available cabin which is included in the Cabin Upgrade Program shall have a minimum bidding price. Any bids which are placed below the minimum amount as specified on the Plusgrade App shall be disregarded. Quark reserves the right to reduce this minimum amount at any time.  

You may only submit one (1) bid for each cabin which is available in the Cabin Upgrade Program. You may submit a bid for more than one type of suite cabin which is available in the Cabin Upgrade Program. 

At the time of placing your bid you shall be required to provide all of the information which is contained in the Invitation Email and the Plusgrade App. This shall include (without limitation) the credit or debit card information to make payment against in the event that you are the Successful Bidder (as defined in section  4.2).  

By making a bid for a Cabin Upgrade under these Cabin Upgrade T&Cs you hereby authorize Plusgrade, Inc. to charge the credit or debit card information provided by you under section 3.7 up to the maximum amount of your bid in the event that you are a Successful Bidder.   

You may withdraw any bid which is placed at any time during the Bidding Window provided that the bid has not been accepted by Quark Expeditions. If the bid has been accepted by Quark Expeditions and payment has been made for the Cabin Upgrade in accordance with section 4.5 then it shall not be possible to withdraw your bid and all payments shall be non-refundable.  

If you are successful with your bid for the Cabin Upgrade then the amount of your bid shall be payable as an additional amount to the amount which is payable in respect of your Confirmed Booking under the Booking Conditions.  

Quark Expeditions reserves the right (in its absolute discretion) to reject any bids for any reason whatsoever including, without limitation, where Quark Expeditions believes that there has been a breach of the Cabin Upgrade T&Cs and/or any applicable terms in respect of the Plusgrade App, you have interfered with the fair running of the Cabin Upgrade Program and any particular bidding process for a Cabin Upgrade, or have otherwise manipulated any bids or the results, or have provided false information or acted unethically in any other way, or there are any other amounts which are unpaid on your Confirmed Booking in accordance with the Booking Conditions. 

2. Accepting bids and payment  

Quark Expeditions shall review all bids which are submitted throughout the Bidding Window up to (and including) 45 days prior to the departure date of your Confirmed Booking. Quark Expeditions reserves the right to accept any bids at any time during the Bidding Window.  

If your bid is accepted by Quark Expeditions during the Bidding Window then you shall receive an email notifying you that you have been successful with your bid for a Cabin Upgrade for the cabin that you have bid on (a “Successful Bidder”).  

Passengers who have placed bids on more than one suite of cabin under the Cabin Upgrade Program may only have one bid accepted and it shall not be possible to have more than one bid accepted by Quark Expeditions. In the event that you are not successful with any bid which is submitted under the Cabin Upgrade Program then you will be notified of this and invited to submit alternative bids if you would like to do so. 

Quark Expeditions shall not disclose the amount of the winning bid to any person other than the Successful Bidder, nor will any information whatsoever be provided in respect of the Successful Bidder or the allocation of the cabins under the Cabin Upgrade Program. All decisions taken by Quark Expeditions are final.  

If you are successful with your bid for a Cabin Upgrade then the amount of your bid shall become immediately payable by you. Upon your bid being accepted, Plusgrade, Inc. shall charge the credit or debit card information which you provided to the Plusgrade App for the full amount of your bid. Once charged, the payment shall be non-refundable and is final. 

For the avoidance of doubt, the amount which is payable in respect of any successful bid shall be additional to any amounts which are payable in respect of your Confirmed Booking under the Booking Conditions.  

All applicable taxes, fees, charges and surcharges must be paid in addition to the successful bid. All payments are final and other than as set out in these Cabin Upgrade T&Cs and the Booking Conditions no refunds shall be provided.  

3. General  

Quark Expeditions makes no warranties or representations, either expressed or implied, with respect to the type, quality or fitness of goods or services provided through the Plusgrade App or otherwise in respect of any goods or services provided under these Cabin Upgrade T&Cs.  

Quark Expeditions is not responsible for: (a) any loss or misdirection of, or delay in receiving, the Invitation Email or any other correspondence in respect of a Cabin Upgrade, (b) any acts or omissions of third parties; or (C) in respect of any errors published in relation to any Cabin Upgrades (whether on the Plusgrade App or otherwise), including, without limitation, any pricing or typographical errors, errors of description. Quark Expeditions reserves the right to correct, without notice, any errors.  

IN NO EVENT WILL QUARK EXPEDITIONS, THEIR SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH A CABIN UPGRADE, THE PLUSGRADE APP, THESE CABIN UPGRADE T&CS OR QUARK EXPEDITIONS’ OPERATION OF THE CABIN UPGRADE PROGRAM.  

All personal information which is provided under these Cabin Upgrade T&Cs shall be used in accordance with Quark Expeditions’ privacy policy which can be found at https://www.quarkexpeditions.com/privacy-policy. In order to provide the Cabin Upgrade Program, Quark Expeditions shall be required to share such personal information with Plusgrade, Inc.  

Quark Expeditions reserves the right to cancel or change the Cabin Upgrade Program at any time and/or to amend these Cabin Upgrade T&Cs at any time if circumstances make this necessary and without further notice.  

These Cabin Upgrade T&Cs and your placing of a bid for a Cabin Upgrade or otherwise your participation in the Cabin Upgrade Program more generally, is governed by and construed in accordance with the domestic laws of the State of Delaware and the federal laws of the United States applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware in any action to enforce (or otherwise relating to) these Cabin Upgrade T&Cs or relating to the Cabin Upgrade Program.