These Terms and Conditions apply to any products and/or services purchased through Burner Logistics ( the ‘company’) and governs the contractual relationship between you and the company with respect to any products and/or services you purchase through this website (hereinafter, the “Products”).
Please read these Terms carefully as by booking any product/service with the company, 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.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when the company, or an authorized agent acting on the company’s behalf, have received the applicable deposit from the Client and the Client has received written confirmation from the company of such booking. The Client confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by the company 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 the company 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 the company 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 the company.
2. SPECIAL REQUIREMENTS
The company will endeavour to accommodate the special requests of Clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and the company is not liable for any failure to accommodate or fulfill such requests.
3. INSURANCE
CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A SUFFICIENT MEDICAL, EVACUATION, AND REPATRIATION COVERAGE covering all applicable dates of any travel with the company and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, trip delay or interruption caused but not limited to Covid-19, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable company Product.
4. 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. Tours are priced and advertised exclusive of applicable sales taxes. After a Confirmation Invoice has been issued by the company to the Client, the company reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, local operator costs, 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). The company 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 the company the affected Client(s) may elect to either:
- (a) cancel the applicable Product booking without incurring any penalty; or
- (b) accept the change of price.
The Client must notify the company 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.
5. VALIDITY
All dates 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 these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any of the company’s brochures or on the company’s website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
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 company’s website at least 72 hours prior to departure to ensure the Client has the most current details for the relevant product/service as minor changes may have been made since the confirmation of booking.
6. DEPOSITS
At time of booking a deposit is due upfront with the remaining balance due 5 months before the start date of the festival. Payments are non-refundable as all equipment is booked and paid in advance with our vendors for each client within 24 hours of receiving the clients deposit and booking confirmation. If there is limited availability for a specific tour, full payment will be due upfront.
7. CLIENT DETAILS REQUIRED FOR BOOKING
As a condition to valid confirmation of any booking with the company (including all Products) the Client must provide all necessary information as requested by the company along with their final payment. If the Client fails to provide such information prior to the day full payment is due in respect of the relevant Product, an Administrative Fee will be charged to the Client in respect of any costs payable by the company as a result of the Client’s failure to timely provide the required information. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients, or to the company’s authorized agent, during the booking process. The company will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Client.
8. FINAL PAYMENT & ACCEPTANCE OF BOOKING
Clients should refer to the confirmation invoice sent by the company and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any services booked. All deposit payments made by the client are final and non-refundable. Payment of the balance of the price for any product/service is due 5 months before the start date of the event. If full payment is not received by such due date, the company may change the rate payable for the product/service, or may treat the booking of such product/service as cancelled and shall retain any monies paid on booking, at the company’s sole discretion. If a product/service is booked less than 5 months before the start date, then the full amount is payable at the time of booking. If, for any service/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.
Clients who choose to split their payments over scheduled automated monthly payments instead of paying the full cost upfront understand these are non-refundable contractual payment instalments which will be collected by the company automatically until the last instalment is collected. Clients understand the committed scheduled payments for their trip are fully claimable by the company since the company has to pay all associated vendors in advance to secure their placement in the camp. Clients have the right to transfer their booking to someone else who wish to take their place in the event they should want to cancel. Client must have travel insurance incase of the need to cancel for health or trip interruption reasons.
The company 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 the company.
9. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE COMPANY
The company guarantees all scheduled Product tour departures that have been booked by a Client 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 eight Clients 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.
If a product/service is cancelled by the company before the agreed date of departure for reasons not arising from Force Majeure, or the festival organizers canceling the event, or the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
- (a) accepting from the company a substitute Product of equivalent or superior value, where such substitute is reasonably available; or
- (b) accepting from the company a substitute product of lower value if no product of equivalent or superior value is reasonably available, and to recover from the company the difference in price between the price of the product originally purchased and that of the substitute tour; or
- (c) accept from the company a full refund of all monies paid for the cancelled Product(s).
The company 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, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. The company 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, the company will make suitable alternative arrangements for the continuation of the Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the company will provide the Client a refund of unused Products or Product portions.
10. FLEXIBILITY & UNUSED SERVICES
The Client acknowledges by booking a Product and/or agreeing to travel with the company that the nature of adventure travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by the company. 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 the company and that the company is not liable to any Client for such changes or amendments.
The company shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of the company, its agents, or representatives, which shall include any termination of the Client’s participation in the Product due to the Client’s own fault, negligence or breach of these Terms.
11. CLIENT’S ACCEPTANCE OF RISK
The Client acknowledges that the nature of festivals in the desert is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release the company from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities. Standards of hygiene, accommodation and transport in some countries where Product/service take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region.
The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with under-developed infrastructure. 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 the company 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.
The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product/service they booked. Should the Client fail to comply with the above or commit any illegal act when using the product/service or, if in the opinion of the company (acting reasonably), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, the company may terminate that Client’s travel arrangements on any Product immediately without any liability on the company’s 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 the company’s suppliers or the company’s partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client. 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 company 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 Product, 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. the company, nor its Third Party Suppliers (as hereinafter defined) shall not be liable for any failure on the Client’s part to comply safety instructions or recommendations of the company or its Third Party Suppliers.
Client agrees to bring any complaints regarding a Product to the company as soon as possible in order to provide the company with the opportunity to address such complaint properly. Client agrees to inform the Leader or other designated representative at the earliest opportunity. The company assumes no liability for complaints that are not properly brought to the attention of the company with sufficient notice for the company to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product/service must be received in writing by the company via its Agents or directly within 7 days of the end of the Product/service in question.
12. THE COMPANY IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS
The company makes arrangements with RV and equipment providers and other independent parties (“Third Party Suppliers”) to provide you with the products and other services which form the component parts of your product. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of the product. Although the company takes all reasonable care in selecting Third Party Suppliers, the company is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the company does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction.
THE COMPANY IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE COMPANY, AND ITS EMPLOYEES. For clarity, the company, is NOT liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
13. LIABILITY
The company 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 company shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in the Product/service. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. The company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the company such as vessels, expedition vehicles, or any other mode of transportation.
In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of the company or of the third-party suppliers of any services which form part of the Contract then the company limits its liability, where applicable by all applicable International Conventions.
14. FORCE MAJEURE
The company 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 the company’s 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 the company; or an event which the company or the supplier of services, even with all due care, could not foresee.
15. IMAGES AND MARKETING
The Client agrees that while participating in any Product, images, photos or videos may be taken by other Clients and/or the company representatives or 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 the company, 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.
16. PRIVACY POLICY
The company 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. The company takes care to safeguard all Client information and protect the privacy of all of our Clients. The company collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested as described in the company Privacy Policy, which can be accessed in our Terms and Conditions page and is expressly incorporated into these Terms. In particular, the company 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 the terms of the the company’s Privacy Policy. By submitting any personal information to the company, Clients indicate their acceptance of the terms of the company’s Privacy Policy.
17. 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.
18. CONTRACT PARTIES & SUCCESSORS
These Terms and Conditions shall inure to the benefit of and be binding upon the company 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.
Your booking contract is with Burner Logisitcs which is the funding company for the product/service you have booked or will be booking, which exists under, and is pursuant to, the laws of Western Cape, South Africa.
19. APPLICABLE LAW
The Contract and these Terms and Conditions are subject to the laws of Western Cape, South Africa and all Clients submit to the exclusive jurisdiction of the courts located in Western Cape, South Africa for the resolution of any dispute under these Terms or concerning a Product.
20. AMENDMENTS
The company reserves the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the the company Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be provided to Client upon their written request to the company. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the company’s website. The company recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.
21. MISCONDUCT
The client agrees to obey the social principles by which all Burner Logistics services are governed. If a Client does not adhere to any of the principles detailed below, any of the Camp Members have the right to expel the client from the trip with no warning or refund issued and the company will also be exempt from any costs incurred by the client as a result of the expulsion. The Burner Logistics principles include but are not limited to the following:
- Political, and/or religious discussions will not be permitted with other clients out of respect for everyone in the camp. This will result in immediate expulsion from the trip if reported by more than 2 witnesses.
- Negative gossip will not be tolerated and will result in immediate expulsion from the trip if reported by more than 2 witnesses.
- Verbal harassment or any other disruptive behaviour that may create a negative experience for the other clients will be grounds for immediate expulsion from the trip.