TOUR OPERATOR & CONTRACT
All Tours are operated by Motorrad Tours Limited (“The Tour Operator”) on behalf of World of BMW. Motorrad Tours Limited whose office is at Unit 1 Temperance Lane, Ystradgynlais, Powys, SA9 1JP.
All bookings are made on a first-come first-served basis. Participants are the person(s) listed on the World of BMW Tours booking form (“Participants”). All Participants are required to sign the Booking Form and the Terms & Conditions or complete the on line booking form accepting these Terms and Conditions. The Tour Operator reserves the right to decline any booking at their discretion.
Variation of the terms of this contract is only valid if done so in writing and signed by both the Participant(s) and an authorised representative of the Tour Operator. The contract and all matters arising from it are subject to English law and the exclusive jurisdiction of the English Courts. In the event that any of the provisions of this contract shall be determined by any Court to be invalid, unlawful or unenforceable to any extent then such provision shall to that extent be severed from the remaining provisions of the contract, which shall continue to be valid and enforceable.
A 10% deposit of the Tour Price is required on booking. Deposits are refundable up to six months before the tour start. After this date deposits are non-refundable and non-transferable, irrespective of circumstances.
Your Tour Price includes all services as listed on the “What’s Included” page of the relevant Tour. Anything not listed as included is excluded. Participants who book on as Solo Rider Single Room basis are provided with a room for sole occupancy and a cabin on an overnight ferry cabin (where applicable) for sole occupancy. Participants who book on a Solo Rider Shared Room basis are provided with a room for double occupancy and a cabin on an overnight ferry cabin (where applicable) for double occupancy. Participants will share with one other Participant who has booked the Tour. Shared rooms will only be allocated to Participants of the same sex. If a Participant has booked on a Solo Rider Shared Room basis but there are no other Participants to share with, the difference between a Solo Rider Shared Room Price and a Solo Rider Single Room will be payable by the Participant and this difference will be discounted by 25%. Alternatively the Participant may cancel the Tour and receive a full refund. Participants who book on a Rider & Pillion Shared Room basis are provided with one room on a double occupancy basis and one overnight ferry cabin (where applicable) on a double occupancy basis. Where breakfasts are included, they will be in keeping with the country of travel.
AMENDMENTS TO TOUR
Participants who wish to make any changes to the published Tour Programme may request personal amendments. There will be an administration fee of £25 charged for amending any arrangements already in place for a Tour plus the changes in direct costs that may be applicable. This may then result in an overall additional charge or refund. Amendments requested less than eight weeks before the Tour departure will only be dealt with at a full extra cost to the Participant, with no refund of the Tour Price paid.
Prices are correct at the time of printing/publication. However circumstances beyond our control, e.g. Government action, taxes, and currency fluctuations may cause an increase. If such cases arise we will absorb amounts equivalent to 2% of the tour cost although we reserve the right to pass on surcharges larger than this providing they occur more than eight weeks before departure.
As Tour arrangements are made many months in advance, it is possible that minor changes to an itinerary might be necessary. These changes will updated on the Motorrad Tours website. If significant changes are made after the Participant has booked, e.g. changes to date or point of departure, ultimate destination and location/quality of the main hotel, or a major change to the tour itinerary which reduces the quality of the tour, we will notify the Participant. Participants are free to continue with the Tour with the revised itinerary or accept the offer of an alternative Tour of the same value. Alternatively, the booking may be cancelled in return for a full refund. In the event of a significant change that results in a cancellation, the Tour Operator will, in addition to a refund, offer compensation as stated for the period before departure within which a significant change is notified. Compensation per person: more than eight weeks £Nil; less than eight weeks £25.
The Tour Operator cannot be held responsible for unforeseen delays to a journey or ferry crossing (to or from the UK or other ports). In the event of a delay Participants will be responsible for providing all their own additional meals, travel and accommodation. Where Participant’s flights or other travel have been delayed at the start of a Tour, any financial or other consequences of not arriving the specified time / date for the start of the Tour are borne by the Participant. The Tour Operator will not provide a refund for any part of the Tour missed.
Means unusual and unforeseeable circumstances which are beyond normal control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war, or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, volcanic activity, fire and adverse weather conditions. In the event of any of the above, refunds or compensation cannot be made and Participants will be responsible for providing all their own additional meals, travel and accommodation.
Participants require a valid passport for visiting the countries on their chosen tour. Your passport must be valid for six months after the end date of your Tour. If visas are required it is the participant’s responsibility to obtain these visas or permissions. The cost of obtaining any visa is also the participant’s responsibility.
In addition to your passport, all Participants must have the following original documents in their possession during the Tour:
a) UK or other local country Driving Licence and International Driving Permit where required by countries outside the EU.
b) Personal travel and medical Insurance, with 24 hour emergency telephone helpline, such policy to provide adequate cover for treatment and repatriation in the event of a motorcycle accident.
c) All EU Participants should carry a ‘European Health Insurance Card’ (EHIC).
d) Where Participants are riding their own motorcycle on Tour, Participants must arrange insurance to cover 24-hour emergency, accident and breakdown recovery for their motorcycle.
e) Where Participants are riding their own motorcycle on Tour, Participants must carry the Vehicle registration document (V5 for UK registered vehicles) or other title / registration documents for non-UK vehicles.
The Tour Operator is not responsible for any disruption to your Tour due to you failing to carry these documents or your loss of these documents. All additional direct and indirect costs incurred by the Participant to replace documents or because they cannot continue with the Tour are borne by the Participant and refunds will not be made for any part of the Tour missed.
Participants providing their own motorcycle are required to ensure that their motorcycle is in a good road legal condition, has valid insurance, road fund license and MOT cover, as applicable. Participants are responsible for their own motorcycle, its use and conformity to local laws and regulations. Participants are required to ride their motorcycle in accordance with local laws and regulations. Any motorcycle accident involving a Participant will never be the Tour Operator’s responsibility. Should a motorcycle suffer a mechanical failure or accidental damage, whether caused by the Participant, other Participants or an unrelated third party, it is not the responsibility of the Tour Operator. The Tour Operator is not liable for any direct or indirect costs incurred as a result of any mechanical failure or accidental damage to your motorcycle.
To hire a motorcycle you must produce three forms of identification. At least one must be your passport or complete photo ID driving license: Plus a recent utility bill (under three months old) and either a credit card, passport, driving license, bank statement, or second utility bill. The original documents must be available to inspect at the point of hire. Failure to produce suitable documents will mean we are unable to hire the motorcycle to you. In this event we are not liable for any costs or losses as a result of you being unable to take part in the Tour and no refund will be available.
The following is applicable for all Tours that have motorcycle hire:
a) All bikes are hired subject to availability
b) A minimum of the legally required third party insurance cover is in place. Participants may be able to increase the level of cover.
c) Any one way hire fees are included with the Tour price.
d) No fuel is provided with any motorcycle hire.
e) Accessories provided with the motorcycle hire will be stated on each “What’s Included” Tour Page on www.motorrad-tours.com but side panniers will always be included as part of the motorcycle hire.
f) All Participants will be required to leave a damage excess deposit.
Participants will also be responsible for further charges for motorcycle hire as stated below:
a) Fees for late return of the motorcycle
b) Fees for not returning the motorcycle with a full fuel tank
c) Costs to upgrade insurance cover
d) Any additional accessories required.
e) Any excess relating to damage or theft of the motorcycle or accessories, keys etc, whosoever caused.
f) Any repairs needed for a tyre puncture.
This and what follows is a summary of the Terms and Conditions for Motorcycle hire. For the full terms and conditions please refer to the motorcycle hire contract prior to signing.
All bikes will include side panniers, Top Case, Tank Bag and GPS. All bikes are covered with comprehensive insurance with a £1500 excess / deductible. Prior to collection of your bike, we will take a security deposit
of £1500 from you. Payment of deposit can be made by debit or credit card or bank transfer. This is taken in case of any damage, theft or charges incurred whilst the bike is in your possession, on signing the hire agreement form you are authorising Motorrad Tours Limited to debit your card for any additional charges, these include: extended rental periods, damage, late charges, fuel refills, over mileage, punctures or unpaid penalty charges. Deposits will be refunded when vehicle is returned undamaged (subject to inspection). The excess / deductible can be reduced by the payment of an additional fee. See options at booking.
In the event of an accident during your hire, should the bike become unusable or un-repairable within your hire period, we offer no full or partial refunds nor a replacement bike. In the event of an accident or rider error, for example wrong fuel, loss of keys etc, you will be covered by BMW Emergency Service, however you will be responsible and charged accordingly for repairs, loss or damage.
In the event of a breakdown you will be covered with BMW Emergency Service which makes provision for a replacement vehicle if the motorcycle cannot be repaired within a certain time. This replacement vehicle may not always be a motorcycle. We do not Tour with spare motorcycles and so the replacement offered by BMW Emergency Service is the full extent of any replacement vehicle available. However where possible and subject to availability the Tour Leader will use the replacement vehicle and you may use the Tour Leaders Motorcycle. In the event of a breakdown that delays or interrupts your holiday then no full or partial refunds are available.
All hirers must be between 25 -70 years of age. We are unable to hire to persons in certain occupational areas. These include professional entertainers, professional sports persons, publicans, nightclub owners and owners of gaming establishments.
All driving offences must be declared to us prior to hire and must be acceptable to our insurers. Failure to advise us in advance may result in the refusal of hire.
It is expressly forbidden to use any of our vehicles for competition, rally, trial, track day, motorcross, enduro events, performance test, race of trial of speed whether between motor vehicles or otherwise.
All speeding tickets, parking fines, congestion charges, toll charges and any other chargeable offence are the responsibility of the hirer. All penalty charges that are dealt with by our company will incur an administration charge of £20.00 + vat per item. Hirers need to be aware that they are responsible for any damage, excess tyre wear, tyre damage and punctures up to the level of the insurance excess. They are also responsible for replacing all fuel used.
Loss of, damage to or theft of the GPS unit is not covered under insurance and the hirer will be responsible for the cost of the replacement with an identical / upgraded unit at current market prices. This cost is in addition to any amount due under the insurance excess / deductible. By signing the Hire Agreement you are authorising Motorrad Tours to deduct the appropriate amount directly from you credit or debit card should the unit be lost, damaged or stolen.
Motorcycle hire is arranged through a reputable third party local supplier. Terms and conditions of motorcycle hire will vary depending on the local supplier and the country in which they operate. Each Participant will be obliged to sign the local terms and conditions of hire on arrival. Each Participant will be required to pay the appropriate deposit to the local supplier prior to hire. In rare circumstances, the local supplier may not be able to provide the exact motorcycle of choice. This may occur due to unforeseen circumstances such as mechanical failure, collision damage or theft of a motorcycle during its previous hire period. In such cases, the local supplier will substitute a similar or better model and no further compensation will be provided to the Participant.
The Tour Operator is responsible for ensuring that any part of the Tour, where it is within their control, is supplied as described in the World of BMW Brochure and that the local suppliers of services are efficient and reputable. During the Tour some amenities, eg hotel lifts, swimming pools etc, require regular servicing and cleaning and therefore may be inaccessible at times. The Tour Operator cannot be held responsible for some amenities being affected by weather conditions or mechanical breakdowns.
The Tour Operator cannot be held responsible for death, personal injury or illness caused by activities engaged in which are outside the tour itinerary. The Tour Operator also cannot be held responsible for death, personal injury or illness howsoever caused unless we are shown to be negligent.
The Tour Operator reserves the right to cancel a Tour if there are eight or less motorcycles booked. In such cases a Participant will be offered an alternative Tour or a refund of all monies paid. Notification will be given as follows
a) Classic Tours at least six weeks prior to departure
b) Other Tours at least eight weeks prior to departure.
If the Tour is cancelled, the Tour Operator will not be liable for additional costs or losses incurred by Participant(s) due to the cancellation of the Tour. This includes, but is not limited to, the cost of prepaid airline tickets, hotel reservations or car rental costs.
CANCELLATION OR CURTAILMENT
If a Participant cancels a tour the following charges will be levied:
a) Your deposit is refundable up to six months prior to the Tour start date. After this date the deposit is non-refundable and non-transferable.
b) For Classic Tours, more than four weeks, but less than eight weeks’ notice, cancellation charges of 50% of the total Tour cost. Less than four weeks’ notice, cancellation charges are 100% of the total Tour cost.
c) For Explorer and Adventure Tours, more than eight weeks, but less than twelve weeks’ notice, cancellation charges of 50% of the total Tour cost. Less than eight weeks’ notice, cancellation charges are 100% of the total Tour cost.
d) For Overland Adventures, more than twelve weeks, but less than twenty six weeks’ notice, cancellation charges of 35% of the total Tour cost. Less than twelve weeks’ notice, cancellation charges are 100% of the total Tour cost.
If for any reason a Participant decides to curtail a Tour during its duration, no refunds will be made. Refunds of your Tour payments should be referred to your travel insurance provider.
TRANSFER OF BOOKING
If a Participant, for any reason, is unable to travel the booking can be transferred to a third party subject to prior approval of the Tour Operator. In such cases at least two weeks’ notice should be given and the changes will be subject to an administration fee of £100 plus any additional direct costs incurred.
The Participant(s) must be aware that we may take photographs, videos and films of the Participant(s) whilst on the tour, of which we reserve the right to use such material for any advertising, brochures and video production, and other marketing uses (including footage for television) without obtaining further consent. If the Participant sends, shares or gives the Tour Operator photographs through any media including facebook and twitter the Participant is also granting the Tour Operator the right to use such material for any advertising, brochures and video production, and other marketing uses (including footage for television) without obtaining further consent.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Motorrad Tours Limited, and in the event of their insolvency, protection is provided for the following:
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Motorrad Tours Limited.
Should a Participant feel that the Tour Operator has not met its obligations, it should first be brought to the attention of the accompanying Tour Leader. If the Participant remains unsatisfied, any comments should be put in writing, within two weeks of return, quoting the tour name and tour dates to Motorrad Tours and by copy to:
World of BMW, BMW Motorrad, Summit ONE, Summit Avenue, Farnborough, Hampshire, GU14 0FB
TERMAS AND CONDITIONS 2016 V1.0 1 Novermber 2016 Valid until superceded