Burner Express Bus Terms and Conditions

Burner Express Bus Terms and Conditions

Terms and Conditions, Waiver and Release Form (“Terms and Conditions”)

 

  1. In consideration of receiving transportation services to and/or from the 2019 Burning Man event (the “Event” or the “Burning Man Event”), I agree to comply with any and all rules, regulations, terms and conditions, including but not limited to the following:

 

  1. Burning Man Project (“BMP”) has organized a bus transportation service (“Burner Express Bus”) to transport Event ticket holders to and/or from the Event on a first-come, first-served basis.  Burner Express Bus is available only to holders of tickets to the 2019 Burning Man Event, while bus services last, and I acknowledge that all of the “Ticket Terms and Conditions” applicable to my Event ticket, found at http://tickets.burningman.org/terms-and-conditions, are incorporated here fully by reference.

 

  1. BMP has contracted with a transportation logistics company, Global Charter Services, Ltd, dba BusBank (“BusBank”), to create bus transportation routes serving the Burning Man Event.  BusBank will operate the routes using equipment and personnel that BusBank hires from independent operators and carriers (“Carriers”). Transportation provided by BusBank and its Carriers is subject to the terms and conditions maintained by BusBank and its Carriers.  BMP serves only as a sales agent for BusBank and its Carriers, and BMP assumes no and disclaims all responsibility or liability of any kind for their services.

 

  1. Orders to purchase Burner Express Bus tickets on this website are processed by Eventbrite, an independent ticket vendor.  Please review Eventbrite’s Terms of Service, Privacy Policy, and Cookie Statement that will govern your order or purchase of Burner Express Bus tickets, which are found at https://www.eventbrite.com/l/LegalTerms/ and are incorporated here fully by reference.  Eventbrite may charge a processing fee on all transactions.

 

  1. To purchase Burner Express Bus tickets, you must be 18 years of age or older.  By using the Burner Express Bus website to purchase Burner Express Bus tickets, you confirm that you possess the legal authority to enter into these Terms and Conditions.  You may be asked to provide information during the ticket purchase 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 purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the website. You agree that you will not use any robot, spider or other automatic device, process or means to access the ticket website, purchase tickets 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 the ticket website, nor shall you attempt to interfere with the proper working of the website.

 

  1. Burner Express Bus tickets are limited as endorsed and are non-transferable and non-refundable.  All ticket sales are final. No ticket refunds will be issued for any reason. Participants may exchange their tickets for another date/time, subject to availability and payment of a change fee.  ANY RESALE OF BURNER EXPRESS BUS TICKETS IS STRICTLY PROHIBITED. Tickets are valid ONLY for the route, date, and time for which purchased. Departure dates and times may change. BMP is not responsible for delays caused by breakdowns, road conditions, weather or other conditions beyond the Carrier’s reasonable control.  Seating is on a first come/first served basis and is without regard to race, color, creed, national origin or any other protected characteristic. BMP is not responsible for lost or stolen tickets.

 

  1. Each Burner Express Bus passenger must present a bus ticket and a valid photo ID to board the bus and is required to be at the departure point at least 30 minutes prior to the scheduled departure time.  Burner Express Bus tickets are nontransferable. If presented for transportation by any person other than the person for whom originally purchased, the ticket will be void and may be confiscated.

 

  1. Burner Express Bus passengers may bring checked baggage and bicycles subject to limitations set by BMP and the Carrier.  Any passenger checking a bicycle must travel on the same day and at the same time as the checked bicycle. Additional charges for bicycles and extra baggage may apply.  Liability for loss or damage to baggage is limited by applicable tariff. LIABILITY FOR LOST OR DAMAGED CHECKED BAGGAGE IS LIMITED TO THE ACTUAL VALUE NOT TO EXCEED $250 PER FARE.  Certain articles are not accepted for carriage. 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.  All baggage must be claimed promptly upon arrival. Neither BMP nor the Carrier are responsible for unchecked baggage or for bicycles or other property left unlocked or unattended at the Burner Express Bus Depot at the Event or at points of embarkation. Baggage must be properly identified including name and address.  Baggage claims must be supported by identification and ticket receipt. The Carrier may open and inspect baggage.

 

  1. Smoking and the consumption of alcohol or other intoxicants are prohibited on all buses.  The consumption of alcohol or other intoxicants prior to travel is strongly discouraged.

 

  1. BMP and BusBank may establish and enforce reasonable standards of conduct for Burner Express Bus passengers to ensure the safety of and respect for other passengers, drivers, and Burner Express Bus staff, and may refuse service to any passenger who violates these standards of conduct or any other provision of these Terms and Conditions.

 

  1. BMP shall have the right to refuse to transport or shall have the right to remove from the bus, at any point, any ticket holder:  (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 BMP’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 drivers, including, but not limited to persons: whose conduct is disorderly, offensive, abusive, illegal or violent; who fail to comply with the instructions of or who interfere with the duties of the driver; who wear or have on or about their person concealed or unconcealed deadly or dangerous weapons; with a communicable disease or infection known or reasonably believed by BMP to pose a direct threat to the health or safety of others.

 

  1. I acknowledge and fully understand that by attending the Burning Man Event and being a passenger on Burner Express Bus, I 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., Burning Man Project and its officers, directors, employees, agents, representatives, volunteers, contractors and/or affiliates), participants, volunteers or 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 BMP of fire, pyrotechnics, flame effects, explosions and other similar activities; and (h) vehicular traffic.  I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY TRAVELING TO AND ATTENDING THE 2019 BURNING MAN EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD BMP HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF BMP, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I expressly waive all rights I 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.

 

  1. I understand that during the Burning Man Event, art installations, theme camps, vehicles (including but not limited to “mutant vehicles,” “art cars,” and Burner Express Bus buses), events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by BMP, and I 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 I MIGHT SUSTAIN RELATING TO MY PARTICIPATION IN ANY OF THESE ACTIVITIES.  I UNDERSTAND THAT IN NO EVENT WILL BMP BE LIABLE TO ME FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF BMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue BMP, 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 I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or 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 my person or property, or to that of any other person or property.  However, if Burning Man files a claim against me, I may file a counterclaim related to the same facts and circumstances. I 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 my participation in the Burning Man Event, including in any program, event, service or activity at the Event. I 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.

 

  1. I acknowledge that the names “Burning Man” and “Burner Express Bus” are trademarks licensed to BMP, and that all of Burning Man’s logos, trademarks or other intellectual property are owned by or licensed to BMP.  I agree that I will not use “Burning Man,” “Burner Express Bus,” the Man logo, drawings or representations of the Man or of the Black Rock City map, or any other trademark or copyright owned by or licensed by BMP, 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.  BMP generally does permit the use of the mark “Burning Man,” the logo of the Man, or the design of Black Rock City, without payment of any license fee, on materials that are given away or provided to supporters at any Burning Man related event (“Gift Materials”), with the following conditions: (1) BMP may, for any reason whatsoever in its discretion, determine that such use is not in keeping with BMP’s quality control, and if so all such materials shall no longer be utilized; (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.

 

  1. I acknowledge that all vehicles including trucks, trailers, buses, and RVs entering the Burning Man Event are subject to search by Gate staff for stowaways, dogs, weapons, live plants, fireworks, handheld lasers, or other prohibited items.

 

  1. I 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.  I release BMP and all persons participating in any such medical treatment from all responsibility for any such actions.

 

  1. I understand that children under 18 years of age can attend the Event and ride Burner Express Bus only if accompanied by a parent or guardian, and that if I bring a minor to the Event, I agree to the contractual terms contained in these Terms and Conditions and the Ticket Terms and Conditions on behalf of the minor.

 

  1. I agree that BMP is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that Burner Express Bus tickets 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 Burning Man’s control.

 

  1. BMP does not promise that the ticket website will be error-free, uninterrupted, or that it will provide the specific results from use of the website or any content, search or link on it.  The website and its content are delivered on an “AS-IS” and “AS-AVAILABLE” basis. BMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TICKET WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES.  BMP MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC RESULT FROM USE OF THE WEBSITE.

 

  1. Information provided to BMP in connection with the purchase of Burner Express Bus tickets or otherwise is covered by the Burning Man Privacy Policy, available at http://burningman.org/privacy-policy/.

 

  1. These Terms and Conditions may be changed by BMP prior to the Event, and any revised Terms and Conditions will apply to you. The most current version can be found at http://burnerexpress.burningman.org/terms-and-conditions.  Your use of the Burner Express Bus ticket signifies your binding agreement to the Terms and Conditions in effect at the time of your use of Burner Express Bus.

 

  1. I ACKNOWLEDGE THAT I HAVE READ THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.