These general Terms and Conditions of the contractual agreement are a constituent part of the travel agreement between MotoAvantura Tours Ltd. (Tour operator) and the participant (Customer). For a valid booking, this contractual agreement is binding and must be accepted. Please read the Terms and Conditions carefully, because after its adoption, we will proceed on the basis described below.
- Applying for the tour
1.1 Application for the advertized tour is possible electronically, on the www.motoavantura.eu website, by filling in the booking form for the given tour. By using e-mail or by telephoning, Customer can only inform us about his intentions to book a tour! In that case, the tour operator will contact the Customer to assist in conducting the registration and booking. Application by e-mail or phone will be ignored unless the Customer fills in the booking form.
1.2 The Customer can book a tour only with real and authentic data. In the case of providing false data, the tour operator will consider the booking void.
1.3 Upon successful book for a tour, the tour operator will send a confirmation e-mail to the e-mail address provided when booking. This e-mail contains the data provided at booking.
- Participation in the tour
2.1 The Customer takes part in a tour at his own risk. The tour operator does not take responsibility for problems arising from the conduct of the Customer, Customer’s riding style.
2.2 In order to take part on a tour, the Customer must be rested and healthy (disease, injuries-free). If the Customer takes part in the tour tired or ill, the tour operator does not take responsibility or liability for the problems and consequences arising from non-compliance with the regulations.
2.3 The motorcycle with which the Customer wishes to participate in the tour must always be in perfect technical condition – tires, chain, lamps, license plate number, etc.
2.4 The Customer’s own vehicle (the motorcycle) participating in the tour must be of adequate technical quality and condition; it must have a valid vehicle registration certificate and technical examination certificate. The tour operator cannot be held liable for the consequences and problems resulting from non-compliance with the above regulations.
2.5 The Customer must have and wear adequate protective garment (protector jacket and pants, shoes with ankle protection, helmet complying with European standards) in order to participate on the tour. The tour operator cannot be held liable for the injuries and consequences resulting from the lack of adequate protective garment. Customer wearing T-shirts, shorts, slippers, half-naked may be excluded from the tour on behalf of the tour guide.
2.6 The Customer must be in possession of valid travel documentation – valid passport, identity card, driving license, registration certificate, MTPL insurance, the Green Card as proof of having compulsory international motor insurance. The tour operator cannot be held responsible or liable for fines and consequences of not having the above required documentation.
2.7 The Customer is solely responsible for the conclusion of proper travel, health and accident insurance. The tour operator cannot be held liable for the costs and problems arising from the lack of the above documentation.
2.8 The Customer arrives individually at the meeting point indicated by the tour operator, if possible on time required. If the participant is late, he/she must notify the tour operator on the tour-operator’s specified contact details no later than the time set for departure (hour and minute). The tour operator does not assume responsibility for problems arising from undeclared delay.
2.9 The Customer guarantees not to consume alcohol and psychoactive substances during the performance of the daily stages of the tour, or that at the start of the daily stage he/she is not under the influence of alcohol or psychoactive substance. In case the tour guide concludes that the Customer is under the influence, the tour guide is entitled to immediately exclude the individual participant from the tour. The tour operator cannot be held liable or responsible for the problems, traffic tickets and fines arising from driving under the influence.
2.10 The Customer must comply with traffic laws and regulations of the countries affected during the tour. The tour guide cannot be held liable for the traffic tickets and fines arising from not complying with the respective road traffic regulations.
- Tour participation fee payment
3.1 Upon the expiry of the booking deadline, the Customer is provided with a written, detailed participation fee payment instruction from the tour operator, sent to the participant’s email provided in the booking form.
3.2 The Customer is required to pay/transfer the participation fee up to the deadline indicated in the payment instruction.
3.3 The tour operator is entitled to require a booking deposit at the time of booking for certain tours. The extent of this deposit may be max. 30% of total amount. In case that the tour is cancelled due to unforeseen circumstances, the tour operator is required to pay back the deposit within seven working days.
- Services and prices
4.1 The price of tour and the services included are indicated on the tour operator’s website.
4.2 When booking a tour, the Customer automatically accepts the tour price and services included in it.
4.3 The basic tour price is given per participant and includes hotel accommodation in double or twin rooms.
4.4 If the Customer asks for a single room, the tour operator is able to provide it. In that case, the Customer will be charged with the single room supplement in addition to the basic tour price.
4.5 In many cases a limited number of single rooms are available in the hotels on the tour. The availability of single rooms cannot be guaranteed. If the hotel is not able to provide you with a single room despite confirmation and payment, the tour operator will reimburse proportionally the additional amount paid.
4.6 Any services not listed as included in the tour price, but required by the Customer (support van, excursions, entrance tickets), have to be paid to the tour operator in addition to the tour price.
4.7 Certain tour prices may include services like plane tickets, ferry tickets, transportation costs, train tickets, which the Customer may decline at the time of booking. In case the Customer does not require some services, the tour operator will send the tour price reduced for the amount of the not required service(s).
4.8 In certain situations, the tour operator needs to change the advertised routes and accommodation. In that case, the tour operator is obliged to provide the Customer with the same quality of service as originally advertised. Additional costs or fees cannot be imposed on the Customer for this.
- Cancellation
5.1 The Customer may cancel the tour in writing at any time before the start of the tour. Cancellation by phone is not enough.
5.2 In case that the waiver on the part of the participant does not arrive until the starting time of the tour, the tour operator shall be entitled to demand 100% of the tour price.
5.3 The Customer can, prior to the booking deadline, cancel his/her participation on the tour free of charge – no cancellation costs will be charged. In this case the tour operator cannot charge the Customer with cancellation costs.
5.4 After the registration deadline, the participant can cancel his/her participation only by paying cancellation costs. Cancellation fees are as follows:
- After the registration deadline and 19 days prior to departure, 30% of the tour price will be charged as cancellation fee.
- 18 – 8 days prior departure, 60% of the tour price will be charged as cancellation fee
- 7 days prior and up to departure, 100% of the tour price will be charged as cancellation fee – no refund.
5.5 The tour operator is obliged to deduce the cancellation fee from the tour price paid by the Customer. If there is any amount left, the tour operator is obliged to transfer back the amount at the Customer’s expenses within 10 working days, unless the Customer decides otherwise.
5.6 In case the Customer wants to book another tour after the booking deadline, he/she can indicate this intention to the tour operator in written form no later than 18 days prior to departure. In this case, 10% of the original tour participation price will be charged as administrative costs.
5.7 In case the Customer has not paid the tour price but has cancelled participation after the booking deadline, the tour operator is entitled according to point 5.4 to demand cancellation costs from the Customer. The Customer has a deadline of 15 working days from the written letter of formal notice to pay the cancellation fee.
5.8 In case the Customer does not pay the required cancellation fee, the tour operator will legally claim the payment of the fee from the Customer.
5.9 In case the Customer appears at the departure point of the tour but decides not to participate, the tour operator is not required to refund the amount of tour price; the tour operator will charge the Customer 100% of the tour price.
- Cancellation by the Tour Operator
6.1 In case problems arise and it is necessary to cancel a tour, the tour operator is obliged to cancel the tour in writing to all Customers within 48 hours after the booking deadline.
6.2 The tour operator cannot organize a particular tour if a sufficient number of tour participants for a particular tour are not reached up to the booking deadline. In this case, the tour operator must notify all the participants after the booking deadline.
6.3 The tour operator is entitled to cancel a tour before immediate departure in case the safety of the participants on the planned route cannot be guaranteed due to reasons outside of our control – extreme weather conditions, floods, earthquake, strikes, terror attacks, war, disasters or similar. In this case the tour operator is obliged to set another date to conduct the tour.
6.4 If the organization of the tour is cancelled in a period between the booking deadline and departure, the amount already paid by the participants shall be reimbursed in full or the participants will be booked to another tour of their choice free of charge.
6.5 If the tour operator cancels the tour in addition to reimbursing the participants in full no further compensation claims or demands will be accepted.
- The Tour Operator
7.1 The tour operator is responsible for providing the services accurately described in the tour description (accommodation, programmes etc.)
7.2 The tour operator cannot be held liable for damage or costs arising from disregard of the special character of the tour; 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. The tour operator is not responsible for any damage caused to third parties due to the participant’s activities during the tour.
7.3 The tour operator reserves the right to change the accommodation within the same category of service, as well as to change the programmes to those of same nature and value if deemed necessary.
7.4 The tour operator reserves the right to change the route of the tour.
7.5 If, for any reason whatsoever, the Customer willingly does not require any of the services of the tour, or decides to terminate the tour prematurely; the tour operator is not obliged to reimburse or discount the participation fee.
7.6 The tour operator is responsible for damage arising from not meeting the general travel conditions of the tour or the incorrect execution of the agreed tour services. However, the tour operator cannot be held liable for situations when the damage caused cannot be traced back to the tour operator nor the representative of the tour operator, especially when the faults in meeting the travel conditions are linked to the participant’s or third party’s behaviour which is not related to fulfillment of the agreed tour conditions; or when force majeure has occurred. In the latter two cases, the tour operator is obliged to provide as much assistance as possible to the Customer.
7.7 The tour operator is not liable for lost property during the tour, or for damage resulting from theft.
- Tour guide
8.1 The tour operator provides a tour guide for its every tour organized. Depending on the number of participants, it is possible to have 2 or more tour guides per tour.
8.2 The tour guide is responsible to lead and keep the group together, as well as to provide the participants with information about the sights and attractions covered by the tour.
8.3 It is the daily duty of the tour guide to inform the participants, before every daily riding distance, about the route, stops as well as the attractions to be seen along the way.
8.4 The tour guides must always adjust the riding speed to the most inexperienced driver’s pace.
8.5 The tour guide has the right to immediately exclude a participant from the tour if he/she does not comply with traffic laws, does not accept the rules of group travel or fails to comply with the instructions given by the tour guide.
8.6 Participants are not entitled to make any legal or financial claim against the tour guide.
- Visas, Passports and other necessary travel documentation
9.1 The customer himself/herself shall be responsible for having the necessary travel documentation (valid passport, visa, international driving permits etc.)
9.2 In case the tour is organized in a country requiring a visa for entry, the participant must himself/herself obtain a visa for that country.
9.3 The tour operator is obliged to inform the participant in case he/she is required to obtain a visa for entry to country/countries of the tour.
9.4 The tour operator assumes no liability arising from the use of faulty, expired or improper travel documents, or damages or problems caused by them.
- Other services
10.1 If required, the tour operator can provide a support vehicle for transportation of luggage and technical support during the time of the tour. This service is not included in the basic participation fee; the Customer will have to pay an extra fee (surcharge) set by the tour operator, in addition to the participation fee.
10.2 For some tours, the tour operator may have to use the services of passenger and vehicle transportation – ferry, train, truck. The tour operator cannot be held directly responsible for damages caused during the usage of the above mentioned services and is exempt from any liability.
10.3 For some tours, it is necessary to fly to the starting point of the tour. In this case, the Customer should entrust the tour operator with making the necessary flight arrangements; otherwise the Customer must arrange the flight on his/her own. If the Customer purchases a plane ticket for the wrong flight or the wrong departure time, the tour guide is exempt from any responsibility.
- Complaints
11.1 In case the Customer detects a problem during the tour, he/she is obliged to immediately notify the tour guide, as well as to report it to the tour operator in writing.
11.2 A formal complaint from the Customer must be recorded in the minutes by the tour operator. The complaint made and recorded in such a way shall be subsequently investigated and if the complaint of the participant is correct, the tour operator will subsequently compensate the Customer.
11.3 If the complaint of the Customer is not a legitimate or substantiated one, and, consequently, defames the tour operator, the tour operator may claim financial compensation from the Customer.
- Weather conditions
12.1 The tour operator shall bear no responsibility for bad weather conditions that may occur during the tour. The customer shall not be entitled to claim reimbursement of the tour for this reason.
12.2 The tour dates are chosen such that the prevailing weather conditions in the respective regions are optimally suited to a motorcycle tour.
12.3 If bad weather conditions occur during the tour, the tour guide may change the route to adapt to the given circumstances in order to ensure safe and comfortable riding conditions.
- Insurance
13.1 The tour operator recommends that participants take out an adequate travel insurance covering cancellation costs, accident, illness, theft, liability and legal protection.
13.2 An absence of adequate insurance assumes no responsibility for the tour guide, compensation cannot be required.
- Place of Jurisdiction
14.1 Both parties shall agree to resolve their disputes in the municipal court in Subotica (Serbia).
- Tour Operator
MotoAvantura Tours Ltd.
Corner Chambers
590a Kingsbury road
Birmingham
B24 9ND United Kingdom
Company No. 10054891
All rights reserved! ©MotoAvantura 2017
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