General terms and conditions

TERMS AND CONDITIONS OF TRAVEL OF "Motorcycle Tours Spain

The following travel conditions or/and GTC (general terms and conditions) are an integral part of the travel contract concluded by a participant with "Motorcycle Tours Spain" and "Motorcycle Tours Catalonia", which the participant(s) conclude(s) with "Motorcycle Tours Spain" as tour operator either directly or by using an intermediary.  However, the separate terms and conditions listed with the various travel offers shall take precedence over these travel terms and conditions in any case.

 

1. . Booking and payment
With the tour request "Motorradreisen Spanien" offers the customer the conclusion of a binding travel contract with the details requested by the customer. The contract is concluded with the written tour confirmation of "Motorradreisen Spanien", which will be sent by email. At the time of booking a deposit of 20% of the tour price (but at least 500 €) has to be paid. The balance is to be paid by bank transfer 6 weeks before the start of the tour, unless a special payment arrangement has been agreed in writing. After receipt of payment, the participant will receive all documents (maps, road book, detailed tour and accommodation description, check list, etc.). In the case of brokered tours, the terms of payment of the respective organiser or provider shall apply. In case of default of payment by the participant, "Motorcycle Tours Spain" may withdraw from the provision of services. The cancellation fees stated in these GTC (general terms and conditions) will then apply.

 

2. change in the person of the traveller
A change in the person of the traveller is possible if the replacement person fulfils all the conditions for participation and can be made in two ways.

2.1 Assignment of the claim to travel services
The obligations of the person making the booking under the travel contract remain valid if he/she assigns all claims under this contract to a third party. In this case, a rebooking fee of EUR 50.00 is due upon notification. The obligations remain with the original booking party.

2.2 Transfer of the travel event
If a complete transfer to another person is desired, the new participant immediately assumes the obligations of the first person to book. Payments made up to that point will be credited to the new participant. A transfer must be notified up to 7 days before the start of the tour. A transfer fee of € 85 is payable immediately for this transfer. The transferor is liable for the unpaid fee as well as for all obligations arising from the travel contract in equal shares with the new participant.

 

3. legal bases in the event of default

3.1 Warranty
The client has a warranty claim in case of non-performance or defective performance. The customer agrees that "Motorcycle Tours Spain" will provide a service free of defects or improve the defective service within a reasonable period of time instead of his claim for cancellation or price reduction. Remedy can be effected in such a way that the defect is remedied or a substitute service of equal or higher value is provided, which also meets with the customer's express consent.

3.2 Compensation
If "Motorcycle Tours Spain" or its assistants culpably violate the obligations arising from the contractual relationship, "Motorcycle Tours Spain" is obliged to compensate the customer for the resulting damage. As far as "Motorcycle Tours Spain" is liable for persons other than its employees, "Motorcycle Tours Spain" is only liable - except in cases of personal injury - if "Motorcycle Tours Spain" does not prove that they are not guilty of intent or gross negligence. "Motorbike Tours Spain" does not assume any liability for objects, also not for objects given in safekeeping. It is therefore recommended that the customer does not take any objects of special value with him. Furthermore, it is recommended that the items taken along are properly stored.

3.3 Notification of defects
The client has to inform "Motorcycle Tours Spain" immediately on the spot of any deficiency in the fulfilment of the contract which he/she discovers during the tour. Failure on the part of the client to inform "Motorcycle Tours Spain" of any deficiencies may be considered as contributory negligence and may reduce the client's claims for damages.

3.4 Assertion of possible claims
In order to facilitate the assertion of claims, the customer is advised to obtain written confirmation of the non-performance or defective performance of services or to secure receipts, evidence and witnesses. Claims must be reported to "Motorcycle Tours Spain" immediately after return from the trip, at the latest, however, within 10 days.

4. Withdrawal from the contract

4.1 Withdrawal of the customer before the start of the journey

a) Withdrawal without cancellation fee

Apart from the rights of withdrawal granted by law, the customer may withdraw from the contract in the event of a substantial increase in the price of the tour by more than 10% in accordance with section 5.1.

b) Entitlement to substitute performance

If the customer does not wish to make use of the right of withdrawal and in case of cancellation by "Motorcycle Tours Spain" through no fault of the customer, the customer may demand fulfilment of the contract by participation in another equivalent travel event instead of cancellation, provided that "Motorcycle Tours Spain" is able to provide this service.

c) Cancellation with cancellation fee

The amount of the cancellation fee depends on the date of the cancellation. The tour price is to be understood as the total price of the contractually agreed service. The customer is entitled to withdraw from the contract in all cases not mentioned under point a against payment of a cancellation fee. The cancellation must be made in writing in any case. The date of receipt by "Motorcycle Tours Spain" is valid.

The following cancellation rates per person apply:

up to 90 days before tour start EUR 75,00;

from 89 to 42 days before the start of the tour EUR 350,00;

from 41 to 30 days before the start of the tour 40% of the tour price;

from 29 days before the start of the Tour 90% of the tour price.


The conclusion of a travel cancellation insurance is recommended and can be arranged.


d) Absence/abandonment of the participant etc.

If the participant does not start his/her tour or does not appear at the agreed starting time at the agreed location on the respective tour day, or if the participant has to or wants to abandon the tour, he/she has to pay 100 percent of the tour price and is not entitled to any refund or compensation of any kind.

 

4.2 Cancellation by "Motorcycle Tours Spain" before the start of the tour

a) "Motorcycle Tours Spain" will be released from the fulfilment of the contract if a minimum number of participants determined in advance in the invitation to tender is not reached and the customer has been informed of the cancellation within the time limits stated in the description of the tour or within the following time limits: - up to the 30th day before departure for trips of more than 6 days; - up to the 20th day before departure for trips of up to 6 days.

b) Cancellation is due to force majeure, i.e. due to unusual and unforeseeable events over which the party claiming force majeure has no control and the consequences of which could not have been avoided despite the exercise of due care. However, this does not include overbooking, but does include government orders, strikes, war or war-like conditions, epidemics, natural disasters, etc.

c) In cases a) and b), the customer shall be refunded the amount paid. Alternatively, the client is entitled to participate in another equivalent travel event, provided that "Motorcycle Tours Spain" is able to provide this service.


4.3 Withdrawal by "Motorcycle Tours Spain" after commencement of the tour

"Motorbike Tours Spain" will be released from the fulfilment of the contract if the customer, in the context of a group tour, disturbs the execution of the tour by grossly improper behaviour, regardless of a warning. Likewise, "Motorcycle Tours Catalonia" will be released from the fulfilment of the contract if the customer's driving skills are not sufficient. In this case the client is obliged to compensate "Motorcycle Tours Spain" for the damage, if he is at fault.

4.4 Airport transfer

If "Motorcycle Tours Spain" explicitly takes over the transfer from and to the destination airport Girona and Barcelona El Prat, it is the exclusive responsibility of "Motorcycle Tours Spain" to organise the kind of transfer according to ecological and economical criteria. The participant has no claim on the way and the time. Motorbike Tours Spain" may choose a collective transfer with possible waiting times and/or public transport.

 

5. changes to the contract

5.1 Price changes

"Motorcycle Tours Spain" reserves the right to increase the tour price confirmed with the booking for reasons caused by it, if the tour date is more than two months after the conclusion of the contract. Such reasons are exclusively the change of the transport costs, - for example the fuel costs - the charges for certain services, such as landing fees, embarkation or disembarkation fees in ports and corresponding fees at airports or the exchange rates to be applied for the travel event in question. There is no price change from the 20th day before the departure date. In the event of changes to the tour price of more than 10 per cent, the customer may in any case withdraw from the contract without incurring a cancellation fee (see section 4.1.a.). The customer has the right to receive information about the causer.


5.2 Changes in services after the start of the tour

In case of changes for which "Motorcycle Tours Spain" is responsible, the regulations as described in section 3 (Legal basis in case of disruption of services) apply. If it becomes apparent after departure that a considerable part of the contractually agreed services will not or cannot be provided, "Motorcycle Tours Spain" has to make reasonable arrangements without additional payment so that the tour can be continued. If such arrangements cannot be made, "Motorcycle Tours Spain" shall, without additional charge, provide an equivalent means of transporting the customer to the place of departure or to another place agreed with the customer. In all other respects, "Motorcycle Tours Spain" shall be obliged, in the event of non-performance or defective performance of the contract, to assist the customer to the best of its ability to overcome any difficulties.

 

6. provision of information to third parties
Information about the names of travellers and the whereabouts of travellers will not be provided to third parties, even in urgent cases, unless the traveller has expressly requested that information be provided. The costs incurred by the transmission of urgent messages shall be borne by the customer. It is therefore recommended that travellers inform their relatives of their exact holiday address.

 

7. passport, visa, foreign exchange, customs and health regulations.
It is assumed to be known that a valid passport is generally required for travel abroad. The customer must inform himself/herself about the respective foreign passport, visa and health entry regulations and, on request, about foreign exchange and customs regulations. In all other respects, the client is responsible for compliance with these regulations. If possible, "Motorcycle Tours Spain" will arrange for any necessary visa against payment. Upon request, "Motorcycle Tours Spain" will provide information about special regulations for foreigners, stateless persons and holders of dual citizenship. All disadvantages resulting from non-compliance with the above regulations shall be borne by the tour participant.

 

8. vehicle rental
Upon request "Motorcycle Tours Spain" will arrange a rental motorbike of different categories. For this purpose the renter has to present all documents and information necessary for the rental contract.

In order to take over the rented vehicle the customer must be in possession of a valid driving licence for the rented vehicle. This proof must be provided at the start of the tour. In case of non-compliance "Motorcycle Tours Spain" reserves the right not to hand over the rented vehicle and to exclude the tour participant from the tour. In this case "Motorcycle Tours Spain" is not obliged to refund the paid services of any kind and is not liable for any additional costs incurred by the client due to this event. The equipment of the booked vehicles varies depending on the tour and rental station. Further information on rental vehicles and their equipment can be requested from "Motorcycle Tours Catalonia". "Motorbike Tours Spain" will try to provide the tour participant with the desired vehicle model, but reserves the right to replace it with a comparable vehicle model in the event of an unforeseen situation such as technical defect, accident, theft or similar. Should "Motorcycle Tours Spain" not be able to provide a comparable vehicle model, "Motorcycle Tours Spain" will reimburse the tour participant the difference of the daily vehicle rate to the booked vehicle model. Any further liability on the part of "Motorcycle Tours Spain" is therefore excluded. In the case of a vehicle rental, an additional security deposit will be due upon pick-up of the vehicle. The amount of the security deposit corresponds to the respective deductible of the vehicle insurance, which has to be paid by the customer in case of an insurance claim. This deposit will be refunded upon return of the undamaged vehicle. Some local rental stations require an additional rental contract, which is concluded locally at the respective rental station. Upon request, we will send such a rental agreement before the tour booking. The rental period will not be interrupted by the unusability of the vehicle, for whatever reason, or by the inability of the renter to drive. During a tour "Motorcycle Tours Spain" is not obliged to replace a damaged vehicle. In case of a technical defect of the rented vehicle the customer is obliged to inform the local rental company immediately. "Motorbike Tours Spain" will provide assistance as far as it is reasonable.

 

9. Own vehicle
Tour participants who take part in a "Motorcycle Tours Spain" tour with their own vehicle are responsible for the legal and technical condition of their vehicle. If the tour is disrupted due to non-compliance with this condition, the customer is obliged to compensate "Motorcycle Tours Spain" for any damage that may occur. Additional costs (e.g. for vehicle recovery, safe storage of the vehicle, repair of technical defects etc.) will be charged to the customer. "Motorbike Tours Spain" cannot offer vehicle insurance for clients who participate in a tour with their own vehicle.

 

10. Driving licence and driving skills
By making a booking, the client declares that he/she has a valid driving licence for the vehicle used on the tour and that he/she has the necessary driving skills to be able to drive this vehicle safely on the tour. The client has to inform "Motorcycle Tours Catalonia" immediately about any changes regarding his driving licence. "Motorbike Tours Spain" reserves the right to inspect and check the driving licence. Should it become apparent after booking and before the start of the trip that the customer does not have a valid driving licence for the duration of the trip, "Motorcycle Tours Spain" is entitled to disqualify the participant for the trips. The customer has no right to compensation or possible refunds.

 

11. local regulations
The client takes part in the road traffic of the respective tour destination on his own responsibility and is obliged to observe the provisions of the local traffic regulations. Penalties, fines or similar as well as damage to the legal interests of third parties are to be borne by the client.


12. Health, alcohol and medication
It is pointed out that a good general state of health corresponding to the respective tour description is a prerequisite for tour participation. Tour participants who do not meet these requirements may be excluded from participation in the entire tour or individual tour sections without any claim against "Motorcycle Tours Spain". In any case, it is recommended to consult a doctor before starting the tour. In case of doubt about the health condition of the tour participant a medical certificate has to be presented to "Motorradreisen Spanien" on request.

The client 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 clients who participate in the journey as passengers. Alcoholic beverages may only be consumed after the end of the respective day tour and after the vehicle has been parked for the night. If alcohol, medication and other substances affecting the ability to drive are taken after the end of the respective day tour, 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 tour. In the event of non-compliance, the legal consequences of point 4.3. shall apply.

  

13. Responsibility
The client is fully liable for all personal and material damages culpably caused by him and indemnifies "Motorcycle Tours Spain" from all claims of third parties directly asserted against "Motorcycle Tours Spain" in connection with such damages.

15. personal responsibility
The guide provided by "Motorcycle Tours Spain" only gives an approximate driving route, whereby the client follows this route on his own responsibility and is obliged to adapt his driving style to the respective prevailing conditions and his driving ability. Should the client be unable to follow a route, he/she must stop the journey and inform the guide immediately. The client is solely responsible for the proper stowage of luggage on the vehicle. Any liability of "Motorcycle Tours Spain" is excluded. It is recommended not to carry personal valuables and documents in the vehicle (side pockets etc.), but to keep them in an adjacent bag.

 

16. room contingent
A limited number of single rooms are available for some tours. They will be allocated according to the order in which bookings are received in which single rooms are expressly requested. If a booking of a single person contains the wish to share a double room with another tour participant, "Motorcycle Tours Spain" will try to find a room mate. If this is not possible, the single room price will be charged.

17. insurances
Travel insurance
"Motorbike Tours Spain" recommends the conclusion of travel cancellation insurance, luggage insurance, accident insurance, health insurance and liability insurance.

 

18. data protection and copyright
The photos, slides and videos taken on the tours by representatives of "Motorradreisen Spanien" are the copyright property of "Motorradreisen Spanien". "Motorcycle Tours Spain" is entitled to use this material for promotional purposes, even if the participant is recognisable on it, without incurring any costs for "Motorcycle Tours Spain" towards the participant. "Motorcycle Tours Spain" will not disclose any personal data, such as names, addresses and contact details of the participant to other tour participants who may use these names and addresses for advertising purposes, unless the participant expressly refuses this disclosure in writing.


19. weather conditions and itinerary
Due to seasonal conditions and current weather conditions "Motorcycle Tours Spain" reserves the right to change the tour routes and thus the accommodation and other services as necessary. "Motorbike Tours Spain" will make every effort not to change the character of the tour and to provide similar services. "Motorbike Tours Spain" is not responsible for any bad weather conditions that may occur, in this respect the participant has no claim for reimbursement of the tour and/or rental price. Different participants take part in the tours of "Motorcycle Tours Spain". Naturally, the riding skills of the individual participants vary. Therefore, the iron principle applies to all participants: to be considerate. In case the driving ability of a participant is not sufficient, "Motorcycle Tours Spain" will be released from the fulfilment of the contract according to point 4.3.


20. motorbike transport
"Motorbike Tours Spain" arranges the motorbike transport with our partner: https://motorrad-transport-deutschland-spanien.com.

The general terms and conditions of the transport company apply. The billing will be done separately, but will be coordinated by "Motorradreisen Spanien".

20.1 Placing of order
An order has to be placed exclusively in written form.

Agreements made by telephone alone remain invalid and cannot be recognised as placing an order.

A transport order can only be considered correct if both the consignor address with telephone number and the consignee address with telephone number are available (mobile phone numbers would be additionally helpful).


20.2 Execution of the transports
"Motorcycle Tours Spain" plans its tours in a logistical manner.

All orders received and confirmed up to that point will be taken into account.

The motorbikes will be collected by the transport company approx. 3 - 12 days before the start of the tour, the return also approx. 3 - 12 days after the end of the tour. The handover takes place at various locations in Germany. These will be communicated in good time according to economic considerations and the exact place and time of handover will be agreed by telephone.  

The appointment in day and time (2 hour time window) is then made afterwards, which can also sometimes be on Saturdays and Sundays.

Appointment specifications in terms of day and time cannot be taken into account.


20.3 Acceptance of the vehicles to be transported
The vehicles, both new and used, are neither tested nor checked for function in part or as a whole.

The vehicles shall be loaded as handed over by the consignor, by hand and thrust manually without motor assistance of the vehicle. If manual loading or unloading is not possible, the carrier is entitled to use motor assistance for this case. If the consignor is nevertheless willing to load the vehicle in another way, Motorcycle Tours Spain releases itself from any liability.

Spare parts and accessories (over the size of a hand box) are subject to an extra charge, as they can be claimed by the consignee as transport damage in case of loss or damage and have to be insured additionally by the consignor or owner himself.


20.4 Terms of payment
The transport price is to be paid with the transport invoice of the carrier without exceptions.


21. Place of performance and jurisdiction
Place of performance is the respective registered office of "Motorcycle Tours Spain".

22. miscellaneous
All agreements are only valid if they are in written form.

23. jurisdiction
If one or more points become invalid due to jurisdiction, all other points remain unaffected and are still valid.