General Terms and Conditions of Hispania Motorcycletours SL
These GTC are part of the travel contract between Hispania Motorcycletours SL (organizer) and the travel participant (customer). Subject to deviating or supplementary agreements, which are only valid in writing.
1. conclusion of contract
1.1) The customer can register for the trip in writing, by fax or by e-mail. Only after written booking confirmation by the organizer, the travel contract comes into force.
1.2) Prerequisite for participation is the presentation of the signed disclaimer and, if motorcycles of the organizer are used, the user agreements for rental motorcycles.
1.3) No booking is recorded by our reservation system without the customer declaring to have read and accepted the GTC.
2. deposit - balance payment
With the booking confirmation the customer receives an invoice from the organizer. This is to be paid as follows:
2.1) By a deposit of 20% of the tour price after delivery of the confirmation.
2.2) By payment of the balance at least 40 days before the start of the trip.
2.3) The organizer reserves the right to withdraw from the service provision in case of default of payment by the customer.
3. performance and price
3.1) The confirmation of the organizer lists its services in detail and the total price to be paid for them. Individual services not listed, which the customer requests upon conclusion of the contract or during the trip, are to be paid additionally.
3.2) Changes to the specified itineraries or stopovers are not considered a change in services, provided that the changes or deviations are not significant and do not affect the overall nature of the booked trip.
3.3) Please note that a trip by motorcycle requires more participation from you than a usual package tour. Many things are not 100% predictable and can be planned in advance. We count on your understanding for any necessary changes.
3.4) The tour price includes airport transfer in Málaga if the client arrives/departs on the scheduled arrival and departure day of the tour. Clients arriving earlier or departing later than described in the tour itinerary are responsible for airport transfers. No airport transfer is provided in Barcelona.
4. withdrawal from the trip
4.1) The customer can withdraw from the trip at any time before the start of the trip by a written declaration. The date of receipt of the cancellation by the tour operator is decisive. In the event of a cancellation by the customer, the tour operator can demand flat-rate cancellation costs, which are calculated as follows from the tour price:
- from the date of deposit until 41 days before departure: 20 % of the tour price
- 40 to 15 days before departure: 50% of the tour price
- 14 to 8 days before departure: 75% of the tour price
- less than 8 days before departure: 100 % of the tour price
- No-show: 100% of the tour price
The tour price is the total amount of all services charged to the customer by the organizer (tour price, motorcycle rental, etc).
4.2) If the customer does not show up or shows up late for departure or departure, the price will not be refunded. If the customer misses the return trip, he has to organize the return trip himself. He has no claims for compensation against the organizer.
4.3) Rebooking of dates and destinations is only possible by withdrawal from the existing travel contract with subsequent new registration.
5. withdrawal by the tour operator
5.1) If a minimum number of five participants has not booked, the organizer can cancel a trip up to 40 days before the start of the trip. In this case, the customer will be informed immediately and the amounts already paid will be fully refunded. Further claims do not exist.
5.2) If a trip has to be cancelled for reasons beyond our control (force majeure, strikes, terrorist attacks, accidents, WHO warnings, illness or accident of the tour guide, disasters or similar), the full refund of the amounts already paid by the participant will be made. Further claims do not exist.
5.3) We also reserve the right to cancel a trip for the reasons listed above. In such a case, a pro rata refund of the travel price of the outstanding travel days (excluding any flight costs) will be made. Further claims do not exist.
5.4) Individual participants can be excluded from the tour by the tour operator and its authorized tour guides in case of undisciplined, dangerous or disruptive behavior, as well as in case of non-compliance with traffic regulations. As a result, the rental motorcycle will be impounded and no refund of the tour and / or rental price will be made.
6. premature termination of the trip by the customer
6.1) If the customer cancels the trip prematurely for any reason, he has no right to reimbursement of the services of the organizer charged to him.
6.2) If the customer has to cancel the trip prematurely for a compelling reason, e.g. due to illness or accident, serious illness or death of a close relative, etc., the organizer will make every effort to assist in organizing the return trip as far as possible. A claim for reimbursement of the services of the organizer charged to him does not exist.
7. compliance and personal responsibility
7.1) The traveler is responsible for compliance with the respective road traffic regulations. Each participant drives at his own risk and is liable within the scope of the legal liability for damages caused to fellow travelers or other road users. This also applies if the participant follows the tour guide. Each participant has to adapt his driving style to the principle of his own safety.
7.2) The tour guide provided by the organizer only gives an approximate driving route, whereby the customer follows this route on his own responsibility and is obliged to adapt his driving style to the prevailing conditions and his driving ability. If the customer is not able to follow a route, he has to stop the journey and immediately inform the tour guide.
7.3) The Customer is solely responsible for the proper stowage of luggage on the vehicle. A liability of Hispania Motorcycletours SL is excluded for this.
7.4) The Organizer does not assume any liability regarding loss or damage for personal valuables, documents and electronic devices of the Tour Participant during the Tour.
8. passport, visa, health regulations
8.1) The customer is responsible for compliance with the passport, visa, health, and driving authorization regulations applicable to the countries traveled.
8.2) If the customer is not able to start the trip due to non-compliance with such regulations or if he/she has to terminate the trip prematurely, the organizer is exempt from any liability and is not obliged to refund payments made by the customer.
9. driving license and driving skills
9.1) By completing the booking, the customer declares that he/she has a valid driving license for the vehicle used on the tour for the travel period and that he/she has the necessary driving skills to be able to safely control the vehicle on the tour route.
9.2) If after booking and before departure it turns out that the customer does not have a valid driver's license for the duration of the trip, the organizer is exempt from further fulfillment of the contract, charging the cancellation rates listed in point 4.1) above.
9.3) Should it become apparent after the start of the tour that the customer does not have a valid driving license for the duration of the tour or does not have the necessary driving skills to be able to safely control the vehicle used on the tour route, the legal consequences of point 5.4) shall apply.
10. health, alcohol and drugs
10.1) A good general state of health is a prerequisite for Tour participation. Tour participants who do not meet these requirements can be excluded from participation in the entire tour or individual tour sections without any claim arising against the organizer.
10.2) The Tour Participant is not permitted to consume alcoholic beverages or medication or other substances that affect the ability to drive during the day, as long as driving on the vehicle is still required. This also applies to customers who participate in the tour as passengers. If alcohol, medication or other substances affecting the ability to drive are taken after the end of the day trip, the customer must ensure that the condition affecting the ability to drive is no longer present the next morning at the start of the day trip. In case of non-compliance, the legal consequences of point 5.4) will apply.
11. liability
11.1) The Organizer is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful supervision and selection of the service providers and the proper provision of the agreed travel service in accordance with local custom.
11.2) Our liability is excluded or limited to the extent that, based on statutory provisions applicable to the services to be provided by a service provider, the latter's liability is also excluded or limited.
11.3) Our liability is in any case, regardless of the reason, limited to the amount of twice the travel price,
a) as far as a damage of the traveler is caused by the tour operator neither intentionally nor grossly negligent or b) as far as we are responsible for a damage caused to the traveler solely due to the fault of a service provider.
11.4) Liability for delay is excluded.
11.5) Beyond that, the organizer is not liable, especially not in case of traffic accidents. In this form of adventure tour, each tour participant is responsible and liable for his own actions and especially for his driving style and choice of route as well as the assessment of his own abilities, even if he follows the tour leader (tour guide).
11.6) Each tour participant agrees that owners, organizers and representatives of the organizer are not responsible for his personal safety and are not liable, either individually or collectively, for incidents related to the implementation or his participation in the tour that result in injury, death or damage to his property, family, heirs or legal successors.
11.7) The organizer is not liable for items that are lost or stolen from our rental stations or escort vehicles.
11.8) Hispania Tours is happy to offer assistance to customers who require a parcel service or postal service for personal suitcases or packages between our rental stations. This parcel service is carried out by an independent company that is not part of Hispania Tours.
Hispania Tours only mediates between the Customer and the parcel service. Thus, Hispania Tours does not assume any responsibility for delayed deliveries. In case of loss, damage or delays that happen during the shipment of the material, the Client must make his own complaint to the parcel service provider and release Hispania Tours from any liability.
12. liability of the tenant for damages
From the time of takeover until the return of the motorcycle, the renter is also liable to the lessor for slight negligence, with regard to loss (including loss or confiscation of the motorcycle) and for all damage (such as accident or operational damage, damage as a result of improper handling and depreciation damage) that occurs to the motorcycle beyond normal wear and tear during the rental period. In the event of damage to the rental motorcycle, the renter is liable for repair costs actually incurred or determined in accordance with an expert opinion, calculation and repatriation costs, expert costs, technical and market proportionate depreciation, loss of rental income during the repair period or, in the case of total loss, for the replacement period. The lessee reserves the right to prove a lesser damage.
13. liability and weather
13.1) Depending on the season and weather conditions, the organizer reserves the right to change the route of the tour and thus the accommodations as necessary. In doing so, we try not to change the character of the tour and always provide similar services.
13.2) The organizer is not responsible for any bad weather conditions that may occur. For this reason, the participant has no claim to reimbursement of the tour and rental price.
14. accommodation and hotels
The hotels and accommodations offered are country-specific and of a good standard. If - due to weather conditions or other influences that are beyond the control of the tour operator - the destination hotels can not be reached, no damage can be claimed for this reason. Any additional costs arising from this shall be borne by the participant.
Single rooms are available for an additional charge on a first-come, first-served basis, but cannot always be guaranteed due to limited numbers. If a single person wishes to share a double room with another traveler, the organizer will make every effort to find a suitable roommate. If this is not successful, the single room supplement must be charged.
15. own vehicle
Tour participants who take part in a tour of the organizer with their own vehicle are responsible for the legal and technically perfect condition of their vehicle and for the necessary vehicle documents as well as the required vehicle insurance. Hispania Tours cannot offer insurance in this case.
16. off - road trips
Off - road driving with vehicles provided by the organizer, outside the respective route determined by the organizer, is not permitted. Likewise, the improper use of the rental vehicle is prohibited. The customer is liable for the damages caused by unauthorized off-road driving and improper use in full amount and without limitation by the deductible.
17. insurance
17.1) The organizer recommends taking out travel insurance for cancellation costs, accident, illness, theft, liability and legal protection.
17.2) Insolvency insurance
The organizer has covered all participants in case of insolvency of Hispania Motorcycletours SL by means of insolvency insurance with XA SEGUROS GENERALES, S.A DE SEGUROS Y REASEGUROS with policy number 82517731.
18. data protection and copyright
The photos, slides and videos made on the tours by representatives of the organizer are copyright property of Hispania Motorcycletours SL. Hispania Motorcycletours SL is entitled to use this material for promotional purposes, even if the participant is recognizable on it, without incurring any costs for Hispania Motorcycletours SL towards the participant. Furthermore, the participants authorize the publication of the videos and pictures in the social media through the channels of the organizer and its partners.
19. complaints
19.1) The tour participant is obligated to do everything reasonable in the event of any service disruptions and damages in order to keep these as low as possible. If, despite the utmost care that we take in the planning and execution of these tours, you nevertheless have cause for complaint, we ask you to notify us immediately. You can do this during normal business hours with us.
19.2) Claims against the organizer must be made within 30 days after the end of the trip. After this date you can only make claims if you were prevented from meeting this deadline through no fault of your own.
19.3) Any warranty claims may only be asserted by the Customer itself, but may not be assigned.
20. miscellaneous
The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. The same applies to the present travel conditions. All previously published travel conditions are replaced by the present and thus lose their legal validity.
VERBAL AGREEMENTS
of the contract are ineffective until they have been confirmed in writing by HISPANIA TOURS.
PRINT ERROR
HISPANIA TOURS reserves the right to correct misprints and errors in calculation at any time.
21. place of jurisdiction
The place of jurisdiction for both parties is agreed to be Malaga (Spain ).
22. organizer
HISPANIA MOTORCYCLETOURS S.L
Carril de Guetara 54
E-29004 Malaga, Spain
NIF: ESB18716464