TERMS & CONDITIONS

The Booking contract

By booking or participating in one of our tours you agree to our Terms & Conditions (the “Terms”). You hereby confirm that you are taking part in our tour by your own free will and that you have not been obliged to do so by us or any other party. Your booking is confirmed when a written confirmation after receipt of the applicable deposit or full amount is issued. Please check your confirmation carefully and report any incorrect or incomplete information to BornWild or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking and you are not booking on behalf of anyone whom is under 18 years. You agree to provide full, complete and accurate information to BornWild.

Booking on Behalf of others

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying BornWild if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and that BornWild will be under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

Required Medical Information

You must provide any medical information reasonably requested by BornWild dependant of the adventures location.

Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact their/your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must send a Medical Form, signed by a licensed and practicing physician to BornWild prior to or at the time of final payment for the applicable booking.

BornWild reserves the right to request further information where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.

BornWild reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where BornWild determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to BornWild at the time of booking. BornWild may refuse to carry pregnant women over 24 weeks. BornWild may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. BornWild does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with BornWild may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and BornWild makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

Special Requirements

Any special requirements must be disclosed to BornWild at the time of booking. BornWild will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to BornWild at the time of booking but BornWild cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and BornWild and BornWild is not liable for any failure to accommodate or fulfil such requests.

Mandatory Insurance Requirements

Given the active, often remote and international nature of our Trips, and our strict refund policy, we 1) Highly recommend that you purchase travel insurance and consider “Cancel for Any Reason coverage,” from a provider of your choice, and 2) We require a policy with a minimum of $200,000 in Emergency Evacuation / Medical protection. While not required by BornWild to travel, “Cancel for Any Reason” protection typically allows a policy holder to have additional coverages in the case of unforeseen events.

You may also wish to insure your possessions. All items of value, including jewelry, electronics, sentimental trinkets, etc., should be left at home, unless they’re absolutely necessary for the trip. Hotel safes, storage rooms, and BW transportation vehicles do not guarantee their safety. Please note that neither hotels nor BW are responsible for lost or stolen items. Cell phones (if you bring one) and passports should be kept with you at all times.

Trip Payment Plan Options:

When booking a trip with BornWild, each individual traveler or group will have the option of choosing one of the following payment plans*:

Payment Option 1: pay in full at time of booking.

Payment Option 2: standard payment schedule: the trip’s initial deposit (40% non-refundable deposit per person) is due at the time of booking and the remaining balance is due no later than 95 days prior to the trip start date.

*Please note: the above payment plan options do not apply if you are registering for a trip where the start date is less than 95 days from the registration date. If that is the case, then the full trip payment amount is due at the time of booking. Furthermore, certain trips and destinations may require augmentations to the payment plans specified above. These augmented payment timelines and amounts will be reflected in your invoice and will be communicated to you by a BornWild team member.

*BornWild provides Travelers with a 1% discount for payments made via a bank wire transfer. The discount only applies to the portion(s) paid via bank wire transfer. Please contact us for more information on this.

deposits

The Applicant shall pay BornWild an initial 40% non-refundable deposit per person participating when applying to join the tour. The deposit can be different to each tour.

Please email bornwild@bornwild.rocks to ask your travel advisor on which tours this is applicable.

The deposit will be deducted from the final balancing amount to be paid.
If payment is not made on-time, your reservation may be subject to cancellation. In such an event, no refund of deposit will be given.

We reserve the right to invoice or re-invoice participants for the correct price, in case of typo, computer, or human error.

We do not accept responsibility for any payments made by you to companies posing to sell our tickets unless verified by ourselves.

Cancellation Policy

Cancellations must be sent to us in writing via mail, fax, or e-mail. Cancellations will be effective based on the date of postmark or the date we receive your email/fax, and confirmation of receipt MUST be received from BornWild. If you must cancel your reservation, a cancellation fee will be assessed according to the policy outlined below. Exceptions to our cancellation policy cannot be made for any reason, including but not limited to weather, terrorism, civil unrest, your personal desire to travel or not, governmental/travel warnings or advisories, including but not limited U.S. State Department or World Health Organization warnings, personal, or family or medical emergencies.

There is no refund for arriving late or leaving a trip early for any reason, including for quarantine or travel delays outside of BornWild’s control. Each BornWild trip departs on the scheduled date, contingent upon conditions and other factors. It is recommended that Travelers arrive in the host city at least one day in advance so as not to miss a trip departure.

Single Supplement, internal air charges, permits, and all other line items included in your invoice are considered part of the total trip cost and are subject to cancellation fees. In addition, any fees charged by airlines or third-party service providers as a result of your cancellation will be billed to you. Percentage charges are calculated based on total trip cost. Due to this, we highly recommend that you purchase travel insurance from a third-party service provider of your choice. We also highly recommend that you consider securing “cancel for any reason” coverage, which must be obtained soon after your first deposit is paid for your travels. You will need to check with your individual insurance provider to determine their required registration period for this type of coverage. This coverage is in addition to the $200,000 minimum in Emergency Evacuation/Medical Protection which all Travelers are required to have to participate on our trips. See the “Travel Insurance” section later in this Agreement.

Standard Cancellation Fees for Trips

Number of Days Prior to Your Trip

95+ days prior to departure: Non-refundable cancellation administration fee of 40% per traveler is due.
61–95 days prior to departure: 60% of total trip cost is non-refundable.
60 days or less to departure: 100% of total trip cost. No refund.
At or after trip departure: 100% of total trip cost. No refund.

Transfer of Monies Paid to Another Traveler

If a Traveler cancels their trip, BornWild permits them to transfer the trip credit equal to the monies paid to another Traveler.

For each Traveler, there is a one-time limit on transferring of trip credit. This means that once monies are transferred, those monies cannot be transferred again by the receiving Traveler to another Traveler.

It is important to note that this credit is only transferable to another Traveler who is equally qualified and prepared for the trip that the transferring Traveler had paid monies for. This determination would be per the discretion of BornWild.

Chargebacks – Credit/Debit Cards

If you are not happy with our services for any reason, you agree not to file a chargeback with your credit or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have. By signing this Agreement or booking a trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. We will vigorously dispute any chargeback request, provide this Agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.

Cancellation of event

BornWild reserves the right, in an event that it considers necessary to do so or due to a minimum number of participants being reached, acting reasonably, to cancel the Event or to alter or reduce the course including the starting and finishing point at any time including the time during which the Event may be underway. The sole decision as to the cancellation, alteration or curtailment shall reside with BornWild and in no circumstances shall you have any claim arising from such cancellation, alteration or curtailment under this clause other than a claim that arises out of any matter which is a reasonably foreseeable consequence of a breach by the Event Organiser or as a result of the Event Organiser’s negligence. In such circumstances, changes made by BornWild: BornWild may modify your itinerary where reasonably required in its sole discretion. If BornWild makes a change affecting at least one in three - seven full days of the itinerary or which materially affects the character of event in its entirety, the BornWild will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of BornWild. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with BornWild, whether or not such expenses arise from a change of itinerary, and BornWild is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. BornWild will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to BornWild is accurate and up-to-date. Any changes to your name on any booking are subject to BornWild’s approval. Any changes to a booking depend on availability and are subject to the BornWild’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee.

Images & Marketing

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, BornWild or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to BornWild, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

Your responsibilities

You are responsible for respecting the authority and following the directions of the Trip Leader and/or tour guides during the adventure. We may exclude you from participating in any part or all of the trip, if in our sole discretion, your condition of behavior renders you unfit for the adventure or unfit for continuation once the trip has begun. Unfitness may include, but is not limited to, any behavior that regardless of its cause is inappropriate or offensive or interferes with the delivery of trip services, or may constitute a hazard or an embarrassment. We will not be liable for any other loss or fees that may arise as a result of this decision.

We are not responsible for the behavior of any other trip participants towards you.
You agree to release us from liability for any matter for which we disclaim liability under this agreement. You agree to indemnify us from and against our liability to third parties arising out of your or your companions’ actions or omissions.
You have the right to skip trip activities, though no refund will be given for the unused portion of any trip.
In the event that delays occur from events beyond our control, and they result in extending your stay, you will be responsible for your own transfer, hotel, and meal costs.
You are solely responsible for your luggage and property during this trip.
By signing up for this trip, you certify that you do not have any mental/physical/other condition that would create a hazard for you or any other participants.

Force Majeure

In the uncommon situation where Force Majeure prevents, significantly hinders, renders it difficult, or makes it impossible for us or our suppliers to provide your Trip, we and/or our suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, cancel any Trip itinerary or arrangement, including Trip dates and the entire Trip itself.

If BornWild is affected by Force Majeure, BW will, if practicable, notify you of the nature and extent thereof in writing by email or other means or verbally if it is unable to do so in writing.

BornWild will not provide any refunds of trip payments in the event of Force Majeure. However, in our sole and absolute discretion without any requirement that we do so, use reasonable endeavors to reimburse you for any payments that you have made reduced by 1) any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your Trip, and 2) our Administrative Fee of 40% of total trip cost per Traveler. Our Administration Fee of 40% of total trip cost per Traveler is not refundable because of the work involved in planning, booking and organizing your Trip from the moment the Trip is booked.

Note that if we reschedule, vary, or postpone your Trip dates or offer a Trip credit, such action does not constitute a “cancellation” of your Trip by us.

Our no refund policy is based on the fact that suppliers, who are often located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our suppliers once we have forwarded your deposits to them.

Consequence of Force Majeure: BW will not be deemed in breach of this Agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this Agreement to the extent that any such delay or nonperformance is due to any circumstances that amount to Force Majeure. BW cannot provide any refund, or pay any compensation, costs or expenses where the performance or timely performance of BW’s contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, damage, or inconvenience as a result of any circumstances that amount to Force Majeure. If you choose to cancel your Trip for any reason and at any time after we notify you of a Force Majeure event, our standard cancellation terms that govern when a Traveler cancels apply.

“Force Majeure” means any circumstances beyond our reasonable control, including but not limited to the following:

acts of God (such as, but not limited to, weather or environmental conditions, fires, explosions, tempest, forceful wind, avalanche, accident, earthquakes, drought, tidal waves and floods);
terrorist activities or insurrection;
war or threat of war declared or undeclared, hostilities, invasion, acts of foreign enemies, mobilization, requisition, embargo, sabotage;
labor strikes or civil unrest/disturbance, demonstrations, commotion, riots, rebellion, revolution, insurrection, or military or usurped power, civil war, or the implementation of martial law;
strikes, go slows, lock outs or disorder, unless solely restricted to employees of BornWild
sickness, quarantine, medical or customs or immigration regulation, pandemic, epidemic, physical injury, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease;
lockdowns, government or business closures, decisions by governments or governing bodies, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings;
technical or maintenance problems with transport, accommodations or other trip components;
changes of schedules or operational decisions of air carriers;
noxious fumes, industrial action/inaction, contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; and
unforeseen circumstances.

LIMITATION OF REMEDIES: You agree that the sole remedy for any default or breach by BW arising under this Agreement shall be the return of the paid trip cost. To the maximum extent permitted under applicable law, BW shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this Agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BW has been advised of the possibility of such damages. You expressly waive any right to recover such damages.

Dispute Resolution

By accepting all of the above terms and conditions in their entirety while participating in the Activity, any disputes between you and BornWild shall be resolved only in a state of federal court within the jurisdiction of the United States and in accordance with the law of the State of New York. In no event will BornWild be liable for anything and you hereby waive all rights to punitive damages.

These Terms and Conditions may not be amended or modified except in a writing signed by a duly authorized representative of BornWild.

Terms & Conditions