Terms and conditions - Motorcycle tours and motorcycle hire

General Terms and Conditions of Travel and Contractual Agreement

These General Terms and Conditions of the contractual agreement are a constituent part of the travel agreement between HISPANIA MOTORCYCLETOURS S.L. (Tour Operator) and the participant (Customer). Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, reserved.

1. Contractual agreement

You can book a trip in writing either by fax or by e-mail. The contractual agreement shall not come into force before receiving written confirmation of the reservation. The prerequisite for participation is the signed liability waiver and the agreements for the use of rental motorcycles.

2. Down Payment – Final Payment

Together with the reservation confirmation, the customer will receive an invoice from the tour operator that is to be paid as follows:

• A down payment of € 300.00 per participant in the trip within 10 days after receiving the written confirmation.

• Final payment of the remaining amount at least 30 days prior to the start of the trip.

3. Services and Prices

Confirmation provided by the tour operator lists the services in detail and the total amount to be paid. The customer must provide additional payment for any individual services that he/she may require on conclusion of the contractual agreement or during the trip.

Any changes to the scheduled routes or overnight accommodation shall not be considered as a change to the offered services provided the changes, deviations or variations do not substantially alter the overall character of the booked tour.

Please bear in mind that a motorcycle tour demands a higher degree of participation and cooperation on your part than a conventional package tour. Many aspects are not completely predicable and cannot be fully planned in advance. We therefore hope you will appreciate any changes that may prove to be necessary.

If the hotel is not able to provide you with a single room despite confirmation, we will reimburse proportionally the additional amount paid to us.

4. Cancellation

The customer may cancel the tour in writing at any time before the start of the trip. The date of receipt of the cancellation by the tour operator shall be decisive. If the customer cancels a tour, the tour operator shall be entitled to demand cancellation costs amounting to the following:

• 10 % of the tour price from the time of down payment – 31 days prior to the start of the trip

• 30 % of the tour price 30 – 15 days prior to the start of the trip

• 50 % of the tour price 14 – 8 days prior to the start of the trip

• 100 % of the tour price less than 8 days prior to the start of the trip

The price will not be refunded if the customer does not arrive or arrives too late for the departure. If the customer misses the return flight or trip home, he/she himself/herself must organise the return journey. The customer shall not be entitled to any compensation from the tour operator.

In addition, you are at liability to prove to us a lower loss. Changes to scheduled dates, time and destinations are possible only by cancelling the existing agreement and subsequently booking a new tour. We recommend you take out a travel cancellation insurance.

5. Cancellation by the Tour Operator

The tour operator shall be entitled to cancel a trip up to 30 days before the start of the tour if the minimum number of 5 participants has not been booked. In this case, the customer shall be notified accordingly and the amounts already paid shall be reimbursed in full. No further claims or demands will be accepted.

If it is necessary to cancel a tour for reasons outside our control (force majeur, strikes, terror attacks, accidents, illness or injury of the tour guide, disasters or similar), the amounts already paid by the customer shall be reimbursed in full. No further claims or demands shall be accepted. We also reserve the right to terminate the tour prematurely for the aforementioned reasons. In such cases, we shall reimburse the amount equivalent to the remaining days of the tour (excluding any flight costs). No further claims or demands shall be accepted.

In the event of undisciplined, dangerous or disruptive behaviour as well as disregard of road traffic regulations, the tour operator and his authorised tour guides shall be entitled to exclude individual participants from the tour. In such cases, the rental motorcycle will be repossessed and the tour and/or rental costs will not be reimbursed.

6. Premature Termination of the Tour by the Customer

If, for any reason whatsoever, the customer terminates the tour prematurely, he/she shall not be entitled to reimbursement of outstanding services charged by the tour operator to his/her account. If it is necessary for the customer to prematurely terminate the tour for a compelling reason, e.g. due to illness or accident or serious illness or death of a close family relative etc. the tour operator shall assist as far as possible in organising the return trip home.

7. Complying with Rules and Regulations

Each participant himself/herself shall be responsible for complying with the respective road traffic regulations. Each participant rides at his own peril and shall be liable for any damage he/she may inflict on fellow tour participants or other road users. This requirement also applies when the participant is following the tour guide. Each participant must adapt his/her riding style in the interest of own safety.

8. Passport, Visas, Health Regulations and Driving Permits

The customer himself/herself shall be responsible for ensuring compliance with the passport, visa, health regulations and driving permits of the visited countries and for observance of the respective traffic regulations. If the customer cannot participate in or must prematurely terminate the tour due to failure to meet these requirements, the tour operator shall be exempt from any liability and shall not be obliged to refund payments to the customer.

There are currently no visa or vaccination requirements for EU citizens participating in our tours. The main requirement for all countries is a passport which is valid for at least 6 months and an internationally recognised motorcycle driving licence.

9. Liability

Within the framework of the duty of care of a professional businessman, the tour operator shall be responsible for thorough preparation of the tour, conscientious supervision and careful selection of the service providers as well as the correct execution of the agreed tour services corresponding to local customs.

Our liability shall be excluded or restricted in as far as the liability of a service provider for services is also excluded or restricted in compliance with legal requirements. In any case, our liability shall be restricted for whatever reason to double the amount of the tour price:

• in as far as damage incurred by the customer was caused neither deliberately nor through gross negligence on the part of the tour operator or

• in as far as we are only responsible for damage incurred by the customer due to the fault of a service provider.

Liability for delays shall be excluded.

In addition, the tour operator shall not be liable especially in the case of traffic accidents. In this form of adventure trip, each participant in the tour shall be responsible and liable for his/her actions, riding style and choice of route as well as for judging his/her own riding abilities even when following the tour guide.

Each tour participant therefore declares his/her agreement that the owner, organisers and representatives of the tour operator shall not be responsible for his/her personal safety and shall not be individually or collectively liable for events that occur in connection with the implementation or participation in the tour and which may lead to injury, death or damage to his/her property, family, heirs or legal successors.

10. Liability and Weather

Depending on the season and weather conditions, the tour operator reserves the right to change the route of the tour and therefore the accommodation if deemed necessary. We always take care to ensure the character of the tour is not altered and make every effort to provide a consistently high standard of services.

The tour dates are chosen such that the prevailing weather conditions in the respective regions are optimally suited to a motorcycle tour. The tour operator shall bear no responsibility for bad weather conditions that may occur. The customer shall not be entitled to claim reimbursement of the tour and rental costs for this reason.

11. Insurance

The tour operator recommends taking out a travel insurance covering cancellation costs, accident, illness, theft, liability and legal protection.

12. Complaints

In the eventuality of disruptions in services or damage, the tour participant is obliged to do everything within reason to keep the effects to a minimum. However, should you have cause to complain despite the great care and attention we devote to the planning and execution of these tours, we request you notify us without delay. You can lodge complaints during our normal hours of business. In addition, we request that you file any claims or demands against us within one month from the end date of the tour. After this period of time has elapsed, claims can be filed only if, through no fault of your own, you were prevented from keeping this deadline. Any guarantee claims are to be filed only by the customer himself/herself and cannot be ceded.

13. Miscellaneous

The invalidity of individual provisions of the travel agreement shall not result in the invalidity of the entire travel agreement. This stipulation also applies to these travel conditions. All past drafts of the travel conditions are replaced by these travel conditions and are therefore no longer legally binding.

14. Place of Jurisdiction

Both parties shall agree on Málaga (Spain) as the place of jurisdiction.

15. Tour Operator

HISPANIA MOTORCYCLETOURS S.L
Carril de Guetara 22-2
P.I. Villarosa
E-29004 Málaga, Spain

NIF: B18716464

Hispania Tours is official Partner of BMW Motorrad. Hispania Tours is certificated by the International Tourguide Academy of BMW Motorrad.

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