This Risk Disclaimer, Assumption of Risk and Liability Waiver (the “Waiver”) constitutes a separate and independent contractual commitment entered into between the customer and Bon Sejour Travels. It applies in addition to, and without prejudice to, the Terms & Conditions of Bon Sejour Travels. By accessing, booking, participating in or paying for any service, activity, excursion or transfer facilitated by Bon Sejour Travels, the customer expressly acknowledges that they have read, understood and accepted this Waiver, which is legally binding and enforceable.
This Risk Disclaimer, Assumption of Risk and Liability Waiver (the “Waiver”) applies to all services, activities, excursions and transfers booked directly or indirectly through Bon Sejour Travels, including but not limited to aerial, land-based and maritime activities, as well as private or shared transportation services. This Waiver is legally binding upon the customer, their heirs, successors, assigns and legal representatives.
The customer expressly acknowledges that travel-related services and activities, including but not limited to:
involve inherent and unavoidable risks, including but not limited to:
Such risks may arise from, among other things, weather conditions, terrain, equipment failure, human error, negligence of third-party providers, road conditions, maritime conditions, air conditions, wildlife, acts or omissions of other participants, or external and unpredictable factors.
This list is provided for illustrative purposes only and shall not be construed as exhaustive. It expressly includes any similar, equivalent, substitute or alternative activity, whether or not specifically named, offered, arranged or performed in connection with the services booked through Bon Sejour Travels.
The customer confirms and acknowledges that:
The customer knowingly and freely chooses to participate despite the risks involved.
The customer expressly and irrevocably assumes full responsibility for all risks arising from participation in any activity or transfer booked through Bon Sejour Travels, whether such risks are foreseeable or unforeseeable, known or unknown, inherent or incidental.
This assumption of risk applies regardless of the cause, including but not limited to the negligence or fault of third-party service providers.
The customer acknowledges that Bon Sejour Travels has no duty to assess, monitor or warn about specific risks associated with the activities or transfers, such risks being inherent to the services provided by independent third-party providers.
To the fullest extent permitted by applicable law, the customer hereby releases, waives and forever discharges Bon Sejour Travels, its legal entity, directors, officers, employees, agents and partners from any and all claims, demands, actions, causes of action, liabilities, damages or proceedings, whether known or unknown, arising out of or related to:
This waiver includes, without limitation, claims based on negligence, except where exclusion is prohibited by mandatory law.
The customer acknowledges that all activities and transfers are executed exclusively by independent third-party providers, who bear sole and full responsibility for safety, equipment, supervision, insurance and compliance with applicable laws and regulations.
Bon Sejour Travels acts strictly as an intermediary and does not control, supervise or operate the services provided.
The customer declares that:
Bon Sejour Travels bears no responsibility for verifying the customer’s medical fitness.
The customer acknowledges that Bon Sejour Travels does not provide:
The customer is strongly advised to obtain comprehensive personal insurance coverage covering medical expenses, accidents, repatriation, liability and cancellation.
The customer agrees to indemnify and hold harmless Bon Sejour Travels against any claim, damage, loss, cost or expense (including legal fees) arising from:
If any provision of this Waiver is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
This Waiver shall be governed by the law applicable to the legal entity operating Bon Sejour Travels, excluding conflict-of-law rules. Any dispute arising from or relating to this Waiver shall fall under the exclusive jurisdiction of the competent courts of the registered office of Bon Sejour Travels.
By booking, participating in or paying for any service, activity or transfer, the customer confirms that they have read, understood and voluntarily accepted this Risk Disclaimer, Assumption of Risk and Liability Waiver, and agree to be legally bound by its terms.
