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GENERAL TERMS AND CONDITIONS Tours of Legends

 

Dear bikers,

As you are aware, contractual and legal provisions belong to every journey. In the following you will find our general business and travel conditions as well as our additional conditions.

 

 

FOR THE SERVICES UNDER ITEM 1 – 2 WE ACT AS INTERMEDIARY:

  1. Travel insurance
  2. Passenger flights
  3. Excursions, shows (all services not included in our program, optionally booked services)

In this case the terms and conditions of the respective organizer exclusively apply, which will be provided to you when booking an additional program.

 

IN THE FOLLOWING WE DESCRIBE THE GENERAL TERMS AND CONDITIONS OF TOURS OF LEGENDS GMBH & CO. KG

The following provisions describe the legal relationship between our customer and Tours of Legends GmbH & Co. KG, as far as a travel contract is concluded. They prevail over the legal provisions of §§ 651 a – m BGB (German Civil Code). We ask you to read carefully the following provisions.

 

1. CONCLUSION OF THE CONTRACT (REGISTRATION AND TRAVEL CONFIRMATION)

With the registration, you offer to engage a travel contract with us engagingly. The registration can be carried out in writing, orally as well as by telephone. If a single person registers on behalf of a group, this single person must assume the contractual obligation for all other participants. The contract is closed as soon as we agree (Tours of Legends GmbH & Co. KG).

The confirmation is afterwards sent by email or mail to you personally.

 

2. ADVANCE PAYMENT, FINAL PAYMENT

When the contract is concluded an advance payment of 20% must be paid by the contractor.

The advance payment is due in the sense of §651k, paragraph 3, of the German Civil Code (BGB) after the hand out of the risk coverage certificate (Sicherungsschein).

The final payment is due 50 days before the travel starts.

For payments from abroad fees and charges for foreign bank transfer are at the expense of the client.

 

The kind of payment:

a) Invoice / bank transfer
Please always indicate your invoice number and the kind of payment (advance payment or final payment).

b) Credit card
For payments with credit card a proportional fee of 1.5% for VISA / Master Card and 2.5% for American Express will be charged. Immediately on signing the contract and invoice dispatch the advance payment will be deducted from the card. The final payment will be deducted 50 days before the travel starts.

 

3. TRAVEL SERVICES / ADDITIONAL TRAVEL SERVICES

Please refer to the respective travel description which has been booked (website or catalogue) as concerns the content of our travel services. Additionally, there is the possibility to book extras, which have not yet been included in the travel price, such as an upgrade on a preferred seat on a plane, excursions, events, shows etc.

 

4. CHANGES IN THE PRICES AND SERVICES

In the case of smaller deviations of individual items of contract performance, which have not been caused by our fault and which do not significantly deviate from the booked travel, the travel contract is still valid.

We reserve the right to slightly modify the travel route. Eventual deviations must be free from defects. We would immediately inform you about such deviations.

If the travel deviates greatly, we offer you to rebook or cancel free of charge.

Price increases only take place, if the contract increases the travel price by a maximum of 3% due to unforeseeable circumstances (e. g. exchange rate increase) four months before the travel starts.

 

5. TRAVEL CANCELLATION

Naturally it is always possible to cancel a travel. This requires that we (Tours of Legends GmbH & Co. KG) obtain an express written declaration from our client (email, fax message or letter with signature).

The cancellation costs are calculated as a lump sum per registered participant referred to the respective total price.
Up to 91 days before travel starts: 30% of total price

From 90 days to 30 days before travel starts: 60% of total price

From 29 days before travel starts and at no-show: 90% of total price

If a booking is changed, the customer must withdraw from the contract first. Afterwards he can conclude a new travel contract.

It is off course possible to name a substitute participant in place of the registered participant. However, we can object the nomination of this alternate person, if this third person fails to meet with the requirements for the trip or if legal regulations or official requirements, especially also in the respective destination countries, prevent this. If a substitute person enters into the contract, you and the substitute person are jointly liable for the travel price and the resulting additional costs. The written form is required for this.

 

6. TRAVEL INSURANCE

For the following reasons, we urgently recommend you the conclusion of a travel cancellation insurance.

In the case of interruption of the travel considerable additional costs may arise.

 

7. WITHDRAWAL, TERMINATION OR CANCELLATION BY US (TOURS OF LEGENDS GMBH & CO. KG)

In the case a traveler should not follow the instructions of the tour guide or behave in a grossly negligent manner, also towards other travelers, we reserve the right to exclude him immediately from the group. Then he has only the right to the booked hotels and the flight home. Otherwise he shall be excluded from the group. He has lost his right for further assistance. The exclusion from the group is subject to a preceding warning. Any thus resulting additional costs, such an early flight home, shall be paid by the excluded participant.

Minimum number of participants has not been reached
In the case we should not reach the minimum number of participants up to 4 weeks before the start of travel, we will notify you immediately. You are returned the so far paid travel price in full. Always subject to our calculation we may try to make the tour nevertheless possible in waiving the support vehicle. That means, only with a tour guide.

Force majeure
If the travel is made difficult or even endangered due to unforeseeable events (force majeure), then both you and we may withdraw from the travel and the travel contract is terminated. We are no longer entitled to the travel price; however, we reserve the right to claim an adequate compensation for the so far travel services rendered or for the travel services still to be rendered up to the end of the travel. We are obliged to take the necessary measures, especially if the contract includes the transport back. Additional costs for the transport back must be paid by you.

 

8. LIABILITY OF THE ORGANIZER

We are liable for a fault of service provision and for the person in charge of it.

Liability is excluded for third-party services, which are not part of the services of the tour operator (travel insurance, flights, rental of motorcycles), if these services in the travel advertisement and in the booking confirmation are expressly marked as outsourced by stating the brokered contract partner so clearly that recognizable for the customer are not part of the travel services of the tour operator. In that regard, the tour operator only acts as a mediator.

About motorcycle rental and flights, we are exclusively intermediaries.

If the ordered motorcycle (model) is not available, the lessor must provide an equal or even better model. The traveler is obliged to cooperate in the case of flight delays or cancellation.

The customer can demand mitigation of the travel price if the service has not been rendered according to contract. If you culpably neglect to notify the problem, mitigation will be excluded. In case of a defect you can regardless of reduction or termination claim compensation for non-fulfilment, unless the deficiency is due to a circumstance beyond our control.

 

9. LIMITATION OF LIABILITY / DUTIES OF PARTICIPANTS

Every traveler knows that riding a motorcycle may be dangerous. Participation in the motorcycle trip is at own risk. Every traveler is obliged to comply with traffic rules valid in the respective country. The traveler acts according to his own capabilities, shows consideration for other people and should be particularly cautious. The responsible tour guide will instruct the travelers on site and take care of their behavior. The instructions of the tour guide must be complied with. Every participant rides his motorcycle at his own risk and responsibility and he is liable for all damages within the framework of legal liability, he may inflict on fellow travelers or third parties. Every traveler must comply with applicable laws, to guarantee all fellow travelers a smooth and safe trip. Should a participant be held responsible for a damage to us or other participants, we reserve the right to claim for damages. Every participant is responsible for passport, visa and customs regulations and he must comply with local traffic laws, also if he follows a tour guide and rides within a group. The responsible traveler is held responsible for all disadvantages resulting from the disregard of the laws.

 

10. DATA PROTECTION

All personalized data, which you provide us for the organization of your travel are protected from improper use according to the Federal Data Protection Act (Bundesdatenschutzgesetz). As far as a contractual relationship between you and us is to be entered, specified further or amended, we collect and use your personal data as far as required for these purposes.

On demand of the competent authorities we are permitted in an individual case to provide information on these data (inventory data) if this is necessary to carry out prosecution proceedings, to prevent danger, to comply with the legal assignment of the state and federal offices for the protection of the constitution or military intelligence or to enforce intellectual property rights.

 

11. INVALIDITY / PLACE OF JURISDICTION

The place of jurisdiction, as far as legally permissible, is the domicile of the tour operator. In contractual relationships between the tour operator and consumers, the legal provisions on jurisdiction remain. In the case of brokered third-party services, the domicile of the provider applies.

 

Issue date: February 2018

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