Burner Express Air Terms and Conditions
Terms and Conditions, Waiver and Release Form (“Terms and Conditions”)
In consideration of receiving air transportation services to and/or from the 2018 Burning Man event (the “Event” or the “Burning Man Event”), you personally and on behalf of any passengers for whom you are booking air transportation services to and/or from the Event agree to comply with any and all rules, regulations, terms and conditions, including but not limited to the following:
- Black Rock City LLC (“BRC”) has contracted with Dusty Charter Inc. (“DCI”) to manage commercial charter flight services transporting Event ticket holders to and/or from the private Black Rock City Airport on a first-come, first-served basis (“Burner Express Air”), and to arrange flight bookings for participants with subcontracted FAA Part 135 charter air carriers providing Burner Express Air flights (“Carriers”). All services provided by DCI or the Carriers are subject to the separate and additional terms and conditions maintained by DCI and the Carriers. BRC assumes no and disclaims all responsibility or liability of any kind for these services provided by DCI and its subcontracted Carriers.
- Burner Express Air is available only to holders of tickets to the 2018 Burning Man Event, while flight availability lasts. You acknowledge that all of the Ticket Terms and Conditions applicable to your Event ticket, found at https://tickets.burningman.org/terms-and-conditions, are incorporated into these Burner Express Air Terms and Conditions here fully by reference.
- Requests to book Burner Express Air flights are processed by DCI on a website maintained or authorized by DCI and are governed by these Burner Express Air Terms and Conditions. To book a Burner Express Air flight, you must be 18 years of age or older. You may be asked to provide information during the flight booking process. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature, will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of booking flights. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to book flights on DCI’s flight booking website. You agree that you will not use any robot, spider or other automatic device, process or means to access DCI’s flight booking website, book flights on the website, or circumvent any security measures or systems used on the website. You agree that you will not use any device, software or routine that interferes with the proper working of DCI’s flight booking website, nor shall you attempt to interfere with the proper working of the website.
- Burner Express Air bookings are limited as endorsed. Subject to availability, and only before August 15, 2018, participants may rebook their flights for another date/time for an $150 change fee per segment. Changes are not permitted after August 15. The unauthorized resale including broker resale of a Burner Express Air booking is strictly prohibited. Flight bookings are valid ONLY for the individual, route, date, and approximate time for which purchased. Departure dates and times may change. Neither BRC nor DCI are not responsible for delays caused by breakdowns, airport conditions, weather or other conditions beyond the Carrier’s reasonable control. Availability of flights is on a first-come, first-served basis and is without regard to race, color, creed, national origin, or any other protected characteristic.
- Each Burner Express Air passenger must present a flight confirmation and a valid government-issued photo ID to board the aircraft and must be at the flight check-in point at least 45 minutes prior to the indicated departure time. Burner Express Air bookings are non-transferable. If presented for transportation by any person other than the person for whom originally purchased, the flight confirmation will be void and may be confiscated.
- Burner Express Air passengers may bring baggage subject to limitations published by BRC, DCI, and/or the Carrier operating the flight. Additional charges for extra baggage will apply. Certain articles are not accepted for carriage. Bicycles are not permitted. Passengers may not transport, in their baggage or otherwise, any items that are inherently dangerous, including weapons and “hazardous materials” as that term is defined by the U.S. Department of Transportation (including lithium-ion battery-powered hoverboards). Baggage must be properly identified including name and address. Carriers may open and inspect baggage.
- Smoking is prohibited on all flights. The consumption of alcohol or controlled substances prior to or during travel is strongly discouraged.
- Carriers shall have the right to refuse to transport or shall have the right to remove any passenger from an aircraft: (a) whenever such action is necessary to comply with any government regulation, security directive, or any governmental request for emergency transportation in connection with the national defense; (b) whenever such action is necessary or advisable by reason of weather or other conditions beyond the Carrier’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported; and (c) whenever refusal or removal of a passenger may be necessary for the safety of such passenger or other passengers or flight crew, including, but not limited to persons whose conduct is disorderly, offensive, abusive, illegal or violent; who fail to comply with or interfere with the duties of the flight crew; who wear or have on or about their person concealed or unconcealed deadly or dangerous weapons; or who have a communicable disease or infection known or reasonably believed by the Carrier to pose a direct threat to the health or safety of others.
- Burner Express Air staff have the right to establish and enforce reasonable standards of conduct for passengers to ensure safety and respect for all passengers, Provider, and Subcontracted Carrier personnel.
- In the event the BRC Airport (88NV) is closed but the main Event gate remains open, participants may be offered ground transportation in place of air transportation services.
- You acknowledge and fully understand that by attending the Burning Man Event and being a passenger on a Burner Express Air flight, you will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Burning Man Event, i.e., Black Rock City LLC and its officers, directors, employees, agents, representatives, volunteers, contractors or affiliates (collectively, “BRC”), and participants, volunteers and spectators; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) the widespread use by participants and by BRC of fire, pyrotechnics, flame effects, explosions and other similar activities; and (h) vehicular traffic. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY TRAVELING TO AND ATTENDING THE 2018 BURNING MAN EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD BRC HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF BRC, OR BY THIRD PARTIES, AND YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR YOUR PARTICIPATION. You further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- You understand that during the Burning Man Event, art installations, theme camps, vehicles (including but not limited to “mutant vehicles,” “art cars,” and Burner Express Air aircraft), events, and performances will be held and/or on display and that most of these activities are not owned or operated by BRC. YOU ASSUME ALL RISKS OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN THIS PARAGRAPH APPLIES TO ANY INJURY YOU MIGHT SUSTAIN RELATING TO YOUR PARTICIPATION IN ANY OF THESE ACTIVITIES. YOU UNDERSTAND THAT IN NO EVENT WILL BRC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF BRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You, on behalf of yourself, your heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue BRC, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, art installations and premises used to conduct the Burning Man Event or related activities and services (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses which you may have or which may subsequently accrue to you, relating to, resulting from, or arising out of your participation in the Burning Man Event, including any programs, events, art installations, services, or activities at or related to the Event, and including any injury or damage to your person or property, or to that of any other person or property. However, if any of the Releasees files a claim against you, you may file a counterclaim related to the same facts and circumstances. You agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of your participation in the Burning Man Event, including in any program, event, service or activity at the Event. You intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
- You acknowledge that the names “Burning Man,” “Burner Express” and “Burner Express Air” are trademarks licensed to BRC, and that all of Burning Man’s trademarks and other intellectual property are owned by or licensed to BRC. You agree that you will not use “Burning Man,” “Burner Express,” “Burner Express Air,” “Black Rock City,” the Man logo, drawings or representations of the Man or of the Black Rock City map, or any other trademark or copyright owned or licensed by BRC, including any imagery recorded at the Event, on any website (except for Personal Use, as described in Paragraph 5 of the Ticket Terms and Conditions) or in any other manner, commercial or otherwise, except for nominative or classic fair use. BRC generally does permit the use of its trademarks and copyrights, without payment of any license fee, on materials that are given away to supporters at any Burning Man-related event (“Gift Materials”), with the following conditions: (1) BRC may, for any reason whatsoever in its discretion, determine that such use is not in keeping with BRC’s quality control, and if so all such materials shall no longer be utilized; and (2) no ungifted Gift Materials may be sold or transferred in exchange for something of value or distributed in any form such that the Gift Materials are likely to be sold or transferred in exchange for something of value.
- You acknowledge that all aircraft entering the Burning Man Event are subject to search by BRC staff for stowaways, dogs, weapons, live plants, fireworks, handheld lasers, or other prohibited items.
- You consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event, service or activity. You release BRC and all persons participating in any such medical treatment from all responsibility for any such actions.
- You understand that children under 18 years of age can attend the Event and fly on a Burner Express Air flight only if accompanied by a parent or guardian, and that if you bring a minor to the Event, you agree to the contractual terms contained in these Terms and Conditions and the Ticket Terms and Conditions on behalf of the minor.
- You agree that BRC is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. You understand that Burner Express Air flight bookings are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond BRC’s control.
- You confirm that you possess the legal authority to enter into these Terms and Conditions and understand that they may be changed by BRC prior to the Event, and that any revised Terms and Conditions will apply to you. The most current version can be found at https://burnerexpress.burningman.org/air-terms-and-conditions/. Your use of a ticket for a Burner Express Air flight signifies your binding agreement to the Terms and Conditions in effect at the time of such use.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY AND YOU FULLY UNDERSTAND ITS TERMS, AND YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND YOU DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.