BK International Education Consultancy LLC NOTICES, TERMS, AND CONDITIONS
These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us" and "our" refer to BK International Education Consultancy LLC also known as BKIEC or BK Consultancy. The term "you" refers to the customer visiting our website, purchasing products, booking a reservation through us or otherwise using our services.
1. Our Agreement
Products and Suppliers
We sell a variety of products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms and conditions. Certain software and content found on our website are owned or licensed by us or our Suppliers. Your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.bkconsultancy.org.
BK International Education Consultancy is acting as an intermediary or a "Booking Agent" for travel related products and services that are not directly supplied by us (e.g., ground transportation, lodging accommodations, guided tours, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services. We reserve the right to change suppliers of equal or lesser value for Cultural Immersion Programs.
Our general practice is to send documents to our customers electronically through electronic mail whenever possible. We reserve the right to charge a shipping and handling fee should you make a request for such documents to be sent as a hard copy.
Deposits and Payment
All prices are in U.S. dollars and based on current rates of exchange at the time of booking. A non-refundable deposit of $150 USD, as applicable, per person per Program is due at the time of booking. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment. We will advise you of the date that full payment is required. If the booking is made 30 days or less prior to departure, full payment is due at the time of booking. Should there be a significant increase in Program rates after booking, you will be notified before transaction or processing of payments.
Bookings will be made in the form of electronic payments. Visa and Master debit and credit cards are an accepted method of payment.
Cancellations and Changes
You acknowledge that the nature of travel requires flexibility. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside our control (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). Suppliers may cancel or amend bookings due to various reasons. We will notify you of any significant changes once we become aware of such change prior to your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will apply. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
You may cancel your reservation by notifying us in writing through electronic mail to email@example.com. Cancellation fees and refund rate will be determined with reference to the date on which notice of cancellation is received by us. Refunds are expressed as a percentage of the total price paid for the canceled Program, product or service. Applicable refunds will only be paid once we have received returned funds back from Supplier(s). We are not responsible for a Supplier’s failure to pay a refund. No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of our own, including your removal from a Cultural Immersion Program because of your negligence or breach of these Terms.
Cancellation of a Program
For certain products or services related to the Cultural Immersion Program, alternative cancellation terms may apply.
Travel insurance is mandatory and a vital part of your arrangements. We strongly recommend that you obtain adequate insurance for the duration of your journey.
BK Consultancy and its subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions by BKIEC, its affiliates or of Suppliers of any services which form part of the booking contract then BKIEC limits its liability, where applicable by all applicable international conventions.
2. Your Agreement
Your Acceptance of these Terms and Conditions
By accessing the bkconsultancy.org Website ("our Website") or booking products or services, you acknowledge and agree that you have read, understood, and are agreeing to be bound by, all of the terms and conditions of use, without modification, of our Website as provided in this Agreement and that you agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Acceptance of these terms and conditions hereby consent you to authorize BK International Education Consultancy to charge your credit or debit card for such amounts. Upon provision of your payment information, you authorize us to make payment arrangements with the corresponding Suppliers.
If you make a booking on behalf of other customers, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other customers in your party. You represent that you are at least 21 years old, or at least the minimum legal age in the jurisdiction in which you are viewing or using our Website. Access to this website from countries or territories where the Content or use of the Website is illegal is strictly prohibited. If you do not agree to these terms, do not use our Website.
Requirements for Booking
As a condition of booking, you must provide the information requested along with final payment. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by us as a result of your failure to provide the required information. If you fail to supply the required information for lodging, tours, air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply the required information, we reserve the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable, in its sole discretion. The information required will vary by Cultural Immersion Program and will be communicated to you or to the authorized agent during the booking process. We will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Acceptance of Risk
You acknowledge that Cultural Immersion Program travel and the products and services offered by us may involve a significant amount of risk to your health and safety. By traveling with BKIEC you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and release BKIEC and its affiliates from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in activities such as those included in Program itineraries or otherwise offered by BKIEC.
Required Medical Information
Pregnancy is considered a medical condition and must be disclosed to us at the time of booking.
We reserve the right to deny you permission to travel or participate in any aspect of the Cultural Immersion Program at any time and at your own risk and expense where we determine that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Any special requirements must be disclosed at the time of booking. We 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 at the time of booking but we 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 us. We are not liable for any failure to accommodate or fulfill such requests.
Travel Documents and Destinations
It is your responsibility to ensure that all of the details in your registration and on your travel documents are correct. Immediately bring to our attention any errors or discrepancies. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings, and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.
You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfill passport, visa, and other immigration requirements applicable to your program itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you are unable to travel due to not complying with any such requirements.
Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
Images and Marketing
You agree that, while participating in any professional learning or Cultural Immersion Program, images, photos or videos may be taken by other participants, BKIEC 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 BK Consultancy, its contractors, subcontractors 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.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
BK Consultancy will not be liable in any way 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 failure to commence, perform or complete any duty owed to you 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 BK Consultancy; or an event which BK Consultancy or the Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
Contract Parties and Successors
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.bkconsultancy.org/terms-conditions from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
This Agreement shall be governed by the laws of the State of Georgia without regard to its conflicts of laws principles. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.