Terms and conditions - Motorcycle tours and motorcycle hire
General Terms and Conditions
The General Terms and Conditions are part of the travel contract between Hispania Motorcycletours SL (organizer) and the traveler (customers). They are subject to deviating or supplementary agreements, which are valid only in writing.
1. Travel contract
1.1) The customer may register in writing, by fax or by e-mail. The travel contract is valid only after a written booking confirmation has been sent by the organizer.
1.2) Requirement for participation is the submission of the signed exclusion of liability and, when using motorcycles of the organizer, the user agreements for rental motorcycles.
2. Deposit - final payment
With the booking confirmation, the customer receives an invoice from the organizer. This is to be settled as follows:
2.1) By a deposit of 20% of the travel price after receipt of the confirmation.
2.2) By paying the balance no later than 40 days before departure.
2.3) The organizer reserves the right to withdraw from the provision of services in the event of late payment by the customer.
3. Service and price
3.1) The confirmation of the organizer lists its services in detail and the total price to be paid. Unlisted individual services that the customer requires upon the signature of the contract or during the trip are to be paid in addition.
3.2) Changes to the specified routes or overnight stops shall not be considered changes in the booked services unless the modification is significant and affects the overall layout of the booked trip.
3.3) Please note that a trip with a motorcycle requires more participation from you than a standard package holiday. Many things are not 100% predictable and plan-able. We count on your understanding for any necessary changes.
4. Cancellation from the trip
4.1) The customer can cancel the trip at any time before departure by a written declaration. Decisive here is the receipt of the declaration of withdrawal. In case of a cancellation by the customer, the tour operator may demand flat-rate cancellation fees, which are calculated as follows from the travel price:
• from the time of deposit up to 41 days before departure: 20% of the travel price
• 40 to 15 days before departure: 50% of the travel price
• 14 to 8 days before departure: 75% of the tour price
• less than 8 days before departure: 100% of the tour price
The travel price is the total amount of all services charged to the customer by the organizer (tour price, motorbike rental, etc).
4.2) If the customer does not appear or is late for departure, the price will not be refunded. If he misses the return trip, he has to organize the return journey himself. He has no claims against the organizer.
4.3) Rebooking of tour dates and tour destinations is only possible by withdrawing from the existing travel contract with a subsequent new registration.
5. Cancellation by the tour operator
5.1) If a tour is not booked by a minimum of five participants, the organizer may cancel the tour up to 40 days prior to departure. In this case, the customer will be notified immediately and the amounts already paid will be fully refunded. Further claims do not exist.
5.2) If a tour must be canceled for reasons beyond our control (force majeure, strikes, terrorist attacks, accidents, illness or accident of the tour guide, catastrophes, etc.), 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 an ongoing tour for the reasons stated above. In such a case, a proportionate refund of the travel price of the outstanding travel days takes place (without a possible share of the flight costs). Further claims do not exist.
5.4) Individual participants may be excluded from the tour by the tour operator and his authorized tour guides in the case of undisciplined, dangerous or disturbing behavior during the tour, as well as in the event of non-compliance with traffic regulations. As a result, the rental motorcycle is taken into custody and there is no refund of the tour price nor the rental price.
6. Premature termination of the trip by the customer
6.1) If the customer aborts the tour prematurely for any reason, he has no claim for reimbursement of the services invoiced to him by the organizer.
6.2) If the customer aborts the tour for a compelling reason, e.g. due to illness or accident, serious illness or death of a close relative, the organizer endeavors to be as helpful as possible in organizing the return journey. He has no right to reimbursement of the services invoiced to him by the organizer.
7. Compliance with regulations and personal responsibility on the road
7.1) The traveler is responsible for compliance with the relevant traffic regulations. Each participant rides at his own risk and is liable within the scope of the legal liability for damage that he inflicts on fellow travelers or other road users. This also applies if the traveler follows the tour guide. Each participant has to adapt his driving style to the principle of his own safety.
7.2) The tour guide provides only an approximate route, the customer follows this route under his now responsibility and is obliged to adapt his driving style to the prevailing conditions and his own driving skills. If the customer is not able to follow a route, he must stop the journey and immediately inform the tour guide.
7.3) Only the customer is responsible for the proper storage of his luggage in the support van. A liability of Hispania Motorcycletours SL is excluded.
7.4) The organizer assumes no liability for loss or damage to 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 applicable regulations for passport, visa, health and driving laws for the countries visited.
8.2) If the customer can not start the journey because of non-observance of such regulations or if he has to cancel it prematurely for this reason, the organizer is released from any liability and is not obliged to reimburse payments of the customer.
9. Driving license and driving skills
9.1) Upon completion of the booking, the customer declares that he has a valid driving license for the vehicle used on the tour and that he has the necessary driving skills to be able to control this vehicle safely on the tour route.
9.2) Should it turn out after booking and before departure that the customer does not have a valid driver's license for the duration of the journey, the organizer is released from further performance of the contract by setting off the cancellation rates stated in section 4.1 above.
9.3) Should it emerge after departure that the customer does not have a valid driving license for the duration of the journey or does not possess the necessary driving skills to be able to control the vehicle safely on the tour route, then the legal consequences of clause 5.4. on.
10. Health, alcohol and medications
10.1) A good general health is a prerequisite for the tour participation. Tour participants who do not meet these requirements can be excluded from participating in the entire tour or individual sections of the tour, without any claim against the organizer.
10.2) The tour participant is not allowed during the day, as long as it is still necessary to drive on the vehicle, to take alcoholic drinks or medicines or other means that affect the ability to drive. This also applies to customers who participate in the journey as a passenger. If alcohol, medicines and other interfering substances are taken at the end of the day tour, the customer must ensure that the condition influencing the driving ability is no longer present at the beginning of the day tour the next morning. In case of non-compliance, the consequences of clause 5.4. are valid.
11.1) Within the scope of the duty of care of a prudent businessman, the organizer shall be liable for the conscientious preparation of the journey, the careful monitoring and selection of the service providers and the proper incorporation of the agreed travel service in accordance with local custom.
11.2) The liability of the organizer is excluded or limited as far as due to legal regulations, which are to be applied to the services to be provided by a service provider whose liability is also excluded or limited.
11.3) The liability of the organizer is in any case, for whatever reason, limited to the amount of twice the travel price,
a) as far as damage to the traveler is neither intentionally nor grossly negligently brought about by the tour operator or
b) as far as the tour operator is responsible for the damage incurred to the traveler solely because of fault of a service provider.
11.4) Liability for delay is excluded.
11.5) In addition, the organizer is not liable, in particular not for traffic accidents. In this form of adventure trip, 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 guide.
11.6) Each traveler agrees that owners, organizers and representatives of the organizer are not responsible for personal safety and are not liable, individually or jointly, for incidents related to the performance or participation in the tour resulting in injury, death or cause damage to his property, his family, his heirs or legal successors.
12. Liability and weather
12.1) Depending on the season and weather conditions, the organizer reserves the right to change the route of the tour and thus the accommodations as required. We endeavor not to change the character of the tour and always provide similar services.
12.2) The organizer is not responsible for any bad weather conditions. The participant has no right to reimbursement of the tour and rental price for this reason.
13. Accommodation and hotels
The offered hotels and accommodations are country specific and have a good standard. Should it not be possible to reach the destination hotels due to weather conditions or other influences beyond the control of the tour operator, no damage can be asserted for this reason. The resulting additional costs will be borne by the participant.
14. Own vehicle
Tour participants, who participate in a tour of the organizer with their own vehicle, are responsible for the legally compliant and technically flawless condition of their vehicle and for the necessary vehicle documents as well as the required vehicle insurance.
15. Off-road rides
Off-road trips with vehicles provided by the organizer, outside the route specified by the organizer, are not permitted. Similarly, the improper use of the rental vehicle is prohibited. The customer is liable for the damage caused by unauthorized off-road driving and improper use in full and without limitation by the deductible.
16.1) The organizer recommends the customer the purchase of a travel insurance for cancellation fees, accident, illness, theft, liability and legal protection.
16.2) Insolvency insurance
The organizer has insured all participants in case of insolvency of Hispania Motorcycletours SL by means of a bankruptcy insurance with XA SEGUROS GENERALES, S.A DE SEGUROS Y REASEGUROS with the police number 82517731.
17. Privacy and copyright
The photos, slides and videos made on the tours by representatives of the organizer are the copyrighted property of Hispania Motorcycletours SL. Hispania Motorcycletours SL is entitled to use this material for advertising purposes, even if the participant is recognizable, without incurring costs for Hispania Motorcycletours SL towards the customer.
18.1) The tour participant is obliged to do everything reasonably possible in the event of any disruption or damage in order to keep it as low as possible. If, despite our utmost care in planning and execution of the tours, a customer has reasons to complain about, he has to notify the organizer immediately. He can do this during normal business hours with us.
18.2) Claims must be asserted against the organizer within 30 days after the end of the journey. After this date, you can only assert claims if you were guiltless of preventing this deadline.
18.3) Any warranty claims can only be personally asserted by the customer and can not be assigned to third party.
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. The same applies to the present travel terms and conditions. All previously published travel terms and conditions are replaced by the present and thus lose their legal validity.
The place of jurisdiction for both sides is Málaga (Spain).
HISPANIA MOTORCYCLETOURS S.L
Carril de Guetara 54
E-29004 Malaga, Spain
valid from 01.02.2019