Terms & Conditions

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Thank you for booking and/or travelling on a tour with Burn Boundaries Adventure Pvt Ltd. These Terms and Conditions apply to any travel products and/or services you have booked with or purchased from Burn Boundaries Adventure Pvt Ltd, and govern the contractual relationship between you and Burn Boundaries Adventure Pvt Ltd (hereafter referred as “Burn Boundaries”) with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with Burn Boundaries Adventure Pvt Ltd, or by travelling on a Burn Boundaries Adventure Pvt Ltds tour or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and Burn Boundaries with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

 

  1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when Burn Boundaries, or an authorized agent acting on Burn Boundaries’s’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Burn Boundaries of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Burn Boundaries to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Burn Boundaries that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Burn Boundaries for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Burn Boundaries. At any time before a booking is confirmed, Burn Boundaries reserves the right to increase or decrease brochure prices of any Products. Burn Boundaries or their agents reserve the right to decline any booking, in their sole discretion.

 

  1. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Burn Boundaries encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Burn Boundaries. Burn Boundaries does not provide medical advice. In addition to the obligation to review, Clients must notify Burn Boundaries in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with Burn Boundaries. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Burn Boundaries may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Adventure travel, as offered by Burn Boundaries, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s hometown. The condition of medical facilities in the countries in which Burn Boundaries operates varies and Burn Boundaries makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. Burn Boundaries will endeavor to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Burn Boundaries and Burn Boundaries is not liable for any failure to accommodate or fulfill such requests. Traveling with Children: Clients aged 18 at date of first travel are deemed to be adults. On all Products and/or Burn Boundaries trips an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). The ratio of adult Clients to Minor Clients traveling together must be one adult Client to every two Minor Clients. Unless otherwise indicated in the tour description, or otherwise by Burn Boundaries, the minimum age for Clients travelling on tours is 12 years. All Minor Client bookings are subject to review and approval by Burn Boundaries. Burn Boundaries reserves the right to restrict the number of Minor Clients on any given Product where it deems necessary. If the adult accompanying a Minor Client is not the Minor Client’s custodial parent or legal guardian, then a “Parental Consent Guardianship Form” must be signed (along with other documents provided as requested by Burn Boundaries) by the Minor Client’s parent or legal guardian and must be received by Burn Boundaries along with or prior to the final payment made in respect of the Minor Client’s booking.

Family Tour Requirements: In order to book any Products designated on Burn Boundaries website, in relevant brochures, or otherwise indicated by Burn Boundaries to be a “Family Tour”, Clients must be travelling as part of a “Family Unit”. For the purposes of this section, a “Family Unit” shall consist of a group of two or more Clients, travelling and booking together, where at least one such Client is a child in the care of at least one of the accompanying adults. One child may accompany one or more adults for the purposes of being considered a “Family Unit”. If the consent of a parent or any other person is required by applicable law, judgment, or decree for such child to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. Burn Boundaries will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals. Burn Boundaries reserves the right to cancel the booking of any Clients travelling or purporting to travel on a Family Tour who, in its sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise do not meet Burn Boundaries’ requirements of participation in a Family Tour.

 

  1. DEPOSITS

(a) Tours and Independent Tours: At time of booking any Product a non-refundable deposit of INR 2999 as applicable, per person per tour is due from the Client to Burn Boundaries. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit and signed Medical Form, if applicable, should be sent to Burn Boundaries or to the authorized Agent through whom the Client has booked, depending on the original form of booking. Burn Boundaries products combined with other forms of Products may require a higher deposit or full payment at the time of booking, which will be advised prior to the confirmation of such booking. Burn Boundaries will process the refunds within 14days from the date of receiving the request in writing. All refunds will be processed through NEFT.

(b) Expedition Trips: For any Clients traveling on Expedition Trips a non-refundable deposit of INR 9,999 as applicable, per Client per Product booked is due at the time of booking of such Expedition Trip. If any booking on an Expedition Trip is made 90 days or less prior to the departure of such trip, full payment is due at the time of booking. The non-refundable deposit and signed Medical Form should be sent to Burn Boundaries or to the authorized Agent through whom the Client has booked, depending on the original form of booking.

 

  1. FINAL PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS

Tours and Tailor Made Tours: (a) Final Payment: Clients should refer to the confirmation invoice sent by Burn Boundaries and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product (excluding Expedition Trips) is due 60 days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Burn Boundaries may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the deposit paid on booking as a cancellation fee, at Burn Boundaries’ sole discretion. If a Product is booked less than 60 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

(b) Client Details: As a condition to valid confirmation of any booking with Burn Boundaries (including all Products and Expedition Trips) the Client must provide all necessary information as requested by Burn Boundaries along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and Burn Boundaries reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by Burn Boundaries, in its sole discretion. The information required from each Client will vary tour by Product purchased, and the requirements will be communicated to the Clients, or to Burn Boundaries’ authorized agent, during the booking process.

(c) Credit Card Charges: Burn Boundaries is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Burn Boundaries.

 

Expedition Trips

 

(a) Final Payment: Clients should refer to the confirmation invoice sent by Burn Boundaries for details regarding final payment for any Expedition Trips booked. Payment of the full amount due for any Expedition Trip is due 90 days before the departure date of the first Product to depart (of the Products included in the relevant booking that includes the Expedition Trip). If full payment is not received by such due date, Burn Boundaries may change the rate payable for the Expedition Trip, or may treat the booking of such Expedition Trip as cancelled and shall retain the deposit paid on booking as a cancellation fee, at Burn Boundaries’ sole discretion. If a Product is booked less than 90 days before the departure date of the first Product to depart (of the Products included in the booking which includes the Expedition Trip), the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Expedition Trip, payment terms differ from those outlined in this section, the applicable terms will be Communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

 

  1. CANCELLATION BY THE CLIENT

Any cancellation of a booking and/or a Product by a Client must be delivered to Burn Boundaries in writing and be acknowledged by Burn Boundaries in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Burn Boundaries and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any insurance products.

(a) Cancellation for Tour Product and Independent Tour Product:

  1. i) Cancellation received 60 days or more before departure of first Product to depart in relevant booking: Entire Deposit shall be held by Burn Boundaries in accordance with the terms hereof, the remainder of the payments made by the Client to Burn Boundaries in respect of the cancelled Product shall be refunded to the Client. ii) Cancellation received 59-30 days before departure of first Product to depart in relevant booking: Entire Deposit shall be held by Burn Boundaries in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to Burn Boundaries in respect of the cancelled Product shall be refunded to the Client. iii) Cancellation less than 30 days before departure of first Product to depart in relevant booking: Entire Deposit shall be held by Burn Boundaries in accordance with the terms hereof, and no further refund shall be payable to the Client.. Custom or FIT trips may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.

(b) Cancellation for Expedition Trips:

  1. i) Cancellation 90 days or more before departure of first Product to depart in relevant booking: Entire Deposit shall be held by Burn Boundaries in accordance with the terms hereof, the remainder of the payments made by the Client to Burn Boundaries in respect of the cancelled Product shall be refunded to the Client. ii) Cancellation 89-60 days before departure of first Product to depart in relevant booking : Entire Deposit shall be held by Burn Boundaries in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to Burn Boundaries in respect of the cancelled Product shall be refunded to the Client. iii) Cancellation less than 60 days before departure of first Product to depart in relevant booking: Entire Deposit shall be held by Burn Boundaries in accordance with the terms hereof, and no further refund shall be payable to the Client.

(c) Cancellation of Package Travel: Please refer to Section 24.

(d) Cancellation of Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room:

  1. i) Cancellation 31 days or more before departure: Clients shall receive a full refund in respect of cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room. ii) Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.

(f) Cancellation of Kayaking, Camping, and Rafting:

  1. i) Cancellation 31 days or more before departure: Client shall receive a full refund in respect of cancelled Rafting, Camping, and/or Theme Pack. ii) Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Rafting, Camping, or Theme Pack.

 

  1. CANCELLATION OF A TOUR BY BURN BOUNDARIES.

Burn Boundaries will not cancel a booking on any Tour Product (with the exception of Expedition Trips – please refer to Burn Boundaries Conditions of Carriage for policies regarding the cancellation of Expedition Trips) once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of Burn Boundaries. When a tour is cancelled by Burn Boundaries before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of: (i) accepting from Burn Boundaries a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or (ii) accepting from Burn Boundaries a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Burn Boundaries the difference in price between the price of the tour originally purchased and that of the substitute tour; or (iii) Accept from Burn Boundariesto get the same product/package delivered to the client the next time whenever possible. Burn Boundaries is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Burn Boundaries reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Burn Boundaries will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Burn Boundaries will provide the Client a refund of unused Products or Product portions. 7. UNUSED SERVICES Burn Boundaries shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Burn Boundaries, or its representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

 

  1. PRICES, SURCHARGES AND TAXES

Due to the nature of Adventure travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by Burn Boundaries to the Client, Burn Boundaries reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes).. Burn Boundaries shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.

Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from Burn Boundaries the affected Client(s) may elect to either:

(i) cancel the applicable Product booking without incurring any penalty; or (ii) Accept the change of price. The Client must notify Burn Boundaries of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase. Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client by at time of booking and itemized on subsequent invoicing.

 

  1. VALIDITY

The prices of Products advertised in Burn Boundaries’ brochures and on the Burn Boundaries website are based on costs in effect at time of printing the brochure or posting to the website. Burn Boundaries reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 12, above. Changes, revisions, or other amendments may be made to the particulars contained in any Burn Boundaries brochure or on the Burn Boundaries website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.

 

  1. FLEXIBILITY

The Client acknowledges by booking a Product and/or agreeing to travel with Burn Boundaries that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Burn Boundaries. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Burn Boundaries.

 

  1. CHANGES

(a) Changes made by Burn Boundaries: While Burn Boundaries will endeavor to operate all Products as advertised, reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by Burn Boundaries, in its’ sole discretion. If Burn Boundaries makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, Burn Boundaries will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to: i) Accept the Material Change and proceeding with the amended Product; ii) Book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place); iii) Book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or iv) Cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change). The affected Client must notify Burn Boundaries of their decision in writing within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary. If any Material Change arises from reasons of Force Majeure, as hereinafter defined, the Client shall be entitled to recover only the costs of the Product recoverable by Burn Boundaries. Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the Burn Boundaries Tour Leader and any indirect costs incurred as a result will be the responsibility of the Client. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that Burn Boundaries shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. Burn Boundaries will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.

(c) Changes made by the Client:  Client may contact Burn Boundaries directly by telephone, or their booking agent, to correct any errors in Client’s personal information recorded on their booking. Client is responsible for ensuring that information provided to Burn Boundaries in making their booking is accurate, up-to-date, and correct. A transfer from one Product tour to another may only be made 60 days or more prior to departure of the applicable Product, (and more than 90 days prior to departure for Expedition Trips) and such transfer must be approved by Burn Boundaries. If such a request is accepted by Burn Boundaries, Burn Boundaries reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (90 days for Expedition Trips) before departure will not be accepted. In this case the Client must cancel the Product booking in accordance with the cancellation terms herein and create a new booking for any other Products. The Client may only transfer a booking to a departure date in the same calendar year and may not transfer a booking to future calendar years. Any changes to the travelling Client’s name on any Product booking are subject to Burn Boundaries’ approval and applicable Administrative Fees may apply, which will be payable by the Client.

(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to Burn Boundaries’ approval. Any extra costs incurred for making the change will be charged to the Client along with an Administrative Fee. No changes are permitted to any booking within 10 days of departure of the first Product to depart under the applicable booking.

 

  1. AIRFARE

Product tour prices do not include international air fare or any other flights unless expressly mentioned in the inclusions.

 

  1. ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release Burn Boundaries from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. Accommodation, transportation, activities and excursions, and other components of Burn Boundaries’ Products will be arranged by Burn Boundaries with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. Burn Boundaries at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms and Conditions. These may limit or exclude liability of the supplier. The liability of Burn Boundaries will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated…

 

  1. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY

At all times the decision of Burn Boundaries’ Tour Leader or other designated representative will be final on all matters regarding safety and wellbeing of Clients and operational requirements of the Product tour. By travelling with Burn Boundaries, the Client agrees to abide by the authority of the Tour Leader or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise Burn Boundaries at the time of booking and complete a medical form provided by Burn Boundaries, along with any other documents reasonably requested by Burn Boundaries to ensure the health and safety of all Clients who travel with Burn Boundaries. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tour Leader (in his/her and/or Burn Boundaries’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Burn Boundaries may terminate that Client’s travel arrangements on any Product immediately without any liability on Burn Boundaries’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals. Clients agree that they are responsible for any costs incurred by Burn Boundaries, or Burn Boundaries’ partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on Tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Burn Boundaries’ representative as soon as possible upon discovery by the Client. Client agrees to take all prudent measures in relation to their own safety while on any Burn Boundaries Tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Burn Boundaries shall not be liable for any failure on the Client’s part to comply with this paragraph.

 

  1. GUARANTEED DEPARTURES

Burn Boundaries guarantees all scheduled Product tour departures displayed on their website (www.tripnthrill.com) shall depart as scheduled (subject to reasonably itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one Client has a confirmed booking upon it (secured, at minimum, via valid payment of a Deposit). This guarantee is not applicable in Force Majeure situations, as herein defined.

 

  1. TRAVEL DOCUMENTS

(a) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically, via email to the e-mail address provided on booking, or will be available on the website www.tripnthrill.com upon receipt of full payment by Burn Boundaries. Burn Boundaries reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.

(b) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Burn Boundaries website, including, but not limited to checking the website at least 72 hours prior to dep­­­­arture to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by Burn Boundaries.

 

  1. FORCE MAJEURE

Burn Boundaries shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Burn Boundaries failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Burn Boundaries; or an event which Burn Boundaries or the supplier of services, even with all due care, could not foresee.

 

  1. DISCOUNTS AND PROMOTIONS

All discounts and any reduced pricing and/or promotional benefits are applied at Burn Boundaries’ sole discretion. From time-to-time Burn Boundaries may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Burn Boundaries) are not entitled to the reduced pricing. Clients agree that if they have previously cancelled a booking in their name for a Product, they shall not be entitled to re-book on the same or any similar Product tour with the amount of their Lifetime Deposit from the cancelled Product applied, or with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount. The 5% discount offered to Clients by Burn Boundaries in certain instances for completing post trip evaluations cannot be applied to “Independent” designated Product tours, and cannot be combined with other offers or discounts provided by Burn Boundaries.

 

  1. CLAIMS AND COMPLAINTS

Client agrees to bring any complaints regarding a Product to Burn Boundaries as soon as possible in order to provide Burn Boundaries with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated Burn Boundaries representative at the earliest opportunity, or to the Burn Boundaries local Office Manager at the nearest location to the applicable Product tour, or to Burn Boundaries’ Customer Service department directly. Burn Boundaries assumes no liability for complaints that are not properly brought to the attention of Burn Boundaries with sufficient notice for Burn Boundaries to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by Burn Boundaries via its Agents or directly to head office at ‘info@burnboundaries.com’ or Burn Boundaries Pvt. Ltd. no63/3, 10th main, near S.V.V Convent, Rukmini Nagar, Nagasandra Post, Bangalore 560073 India. within 15 days of the end of the tour. Client acknowledges and agrees that Burn Boundaries will not accept any liability for claims received after this period.

 

  1. CLIENT RESPONSIBILITY

The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that Burn Boundaries is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and Burn Boundaries strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any Burn Boundaries Product.

 

  1. OPTIONAL EXTRAS

Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by Burn Boundaries’ Tour Leaders or other Burn Boundaries’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and Burn Boundaries makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any Burn Boundariesrepresentative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases Burn Boundaries from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Optional Extras.

 

  1. LIABILITY

Burn Boundaries is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).

THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO BURN BOUNDARIES ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Burn Boundaries or of the third-party suppliers of any services which form part of the Contract then Burn Boundaries limits its liability, of the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for the clients valuables as received by Burn Boundaries. It presumes that luggage has been delivered to the Guest unless written notice is given to Burn Boundaries.

 

  1. SUPPLIERS

Hotels, shuttle services or other constituent elements of a Product will be arranged by Burn Boundaries with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. Burn Boundaries will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of Burn Boundaries will not exceed that of any supplier. All suppliers will be selected and assessed by Burn Boundaries in reference to local laws and regulations in the relevant country and region of operation. Neither Burn Boundaries nor any carrier is liable for the acts or omissions of any independent contractors.

 

  1. PACKAGE TRAVEL

(a) Definition. “Package Travel” is any combination of transport and land services booked at the same time and which is offered by Burn Boundaries as a Product at an all-inclusive price. Any transport or accommodation booked on a per-service basis, outside of any bundle or Product itinerary, whether or not booked at the same time and/or shown as a “Total Price” or accommodation or transportation only bookings are not a “Package” for the purposes of this section but defined as “Other Arrangements”. Packages include items as listed on the Trip Details and do not include airport, airline or any other applicable taxes, airport transfers (unless otherwise specified), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips, items of a personal nature, baggage fees, excess baggage or Optional Extras. Except where expressly provided for in this Section 24, the terms and conditions of these Terms shall apply to all Package Travel and all Clients purchasing or travelling on Package Travel with Burn Boundaries hereby agree to be bound by such Terms.

(b) Booking: All Packages are subject to availability at time of booking.

(c) Payments: Where full payment is not required immediately, a deposit is required as per the Deposit provisions of these Terms. On occasion, the deposit amount for certain Package Travel Products may be more than those outlined herein, and in such circumstances the deposit amount will be advised to the Client prior to booking. Burn Boundaries will advise the Client of the final balance amount payable in respect of any Package Travel and the applicable due date at time of confirmation, and Client agrees to pay such balance in accordance with the payment provisions contained in these Terms. All Package Travel is eligible for Lifetime Deposits are per the Lifetime Deposit provisions of these Terms.

(d) Alterations and/or cancellations by the Client: No name changes may be made once the booking is in place for any Package Travel. While Burn Boundaries will attempt to accommodate other change requests, other changes are always subject to availability and airline fees. Day of cancellation and/or alterations will be calculated as the day Burn Boundaries receives the cancellation notice in writing from the Client. Any changes to a Package Travel booking after confirmation may be subject to Administrative Fees plus applicable airline fees and charges, which may include any difference between the initial rate and the rate of the amended booking. Burn Boundaries will advise of such charges at the time as the change is requested. In the event of a Package being cancelled before receipt of full payment, the deposit amount shall be retained by Burn Boundaries as a Lifetime Deposit in accordance with these Terms. All Packages cancelled after full payment is received shall be subject to cancellation charges and any applicable administrative fees. At the time any cancellation is requested, Burn Boundaries will advise the Client of the applicable cancellation fees.

(e) Unused services:  If a Client is a ‘no-show’, or if the package is cancelled after the departure date of the outbound flight, or if the Client leaves a Product tour which is already in progress, no refund for any unused portion of the Package will be provided by Burn Boundaries.

(f) Special Requests: Burn Boundaries cannot guarantee specific requests such as room location, adjoining rooms, bed preference, in-flight meal requirements, sky cots or any other request. While Burn Boundaries will attempt to advise service providers of such requests, it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied.

 

  1. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

 

  1. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon Burn Boundaries and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product. Burn Boundaries, Burn Boundarie, exists under, and is pursuant to, the laws of Karnataka ,India with its registered office being 63/3, 10th main, Near S.V.V convent, Rukmini nagar, Nagasandra post, Bangalore 560073. Karnataka. India.

 

  1. APPLICABLE LAW

The Contract and these Terms and Conditions are subject to the laws of Uttarakhand, India and all Clients submit to the exclusive jurisdiction of the courts located in Nainital, Uttarakhand, India for the resolution of any dispute under these Terms or concerning a Product.

 

  1. PRIVACY POLICY

Burn Boundaries’ website(s) uses tracking cookies in order to enhance user and booking experience. Your use of Burn Boundaries’ website(s) indicates your assent to such use in accordance with Burn Boundaries’ Privacy Policy. In addition, Burn Boundaries must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services, to assist in evaluating such Products. Burn Boundaries takes care to safeguard all Client information and protect the privacy of all of our Clients. Burn Boundaries collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, to maintain our customer/visitor lists and/or to respond to your inquiries or feedback and for other purposes further described in the Burn Boundaries’s Privacy Policy, which can be accessed any time at http://www.burnboundaries.com/terms-conditions and is expressly incorporated into these Terms. In particular, Burn Boundaries may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by confidentiality obligations and shall treat all information received from Burn Boundaries in accordance with our Privacy Policy. By submitting any personal information to Burn Boundaries, Clients indicate their acceptance of the terms of Burn Boundaries’ Privacy Policy.

 

  1. ONLINE BOOKINGS

All on line reservations shall be deemed as booked in India, and shall be subject to Indian law and jurisdiction.

 

  1. IMAGES AND MARKETING

The Client agrees that while participating in any Burn Boundaries Product tour (including, without limitation, Group/Independent travel, Expedition Trips, and Package Travel) images, photos or videos may be taken by other Clients and/or Burn Boundaries representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Burn Boundaries, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

 

  1. REFUSAL OF SERVICE

Burn Boundaries retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.

 

  1. AMENDMENTS

Burn Boundaries reserves the right to update and/or alter these Terms at any time, and shall post the amended Terms on the Burn Boundaries Website (www.burnboundaries.com). Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on Burn Boundaries website at http://www.burnboundaries.com/terms-conditions/, or will be sent to Client upon their written request to Burn Boundaries. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Burn Boundaries’ website. Burn Boundaries recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.

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