General Terms and Conditions (GTC)

MotoGS WorldTours – Tour Operator (sole proprietorship, Germany) for guided motorcycle journeys as package tours (incl. the Balkans, New Zealand, countries south of the Alps)
Version date: 21/07/2025

Note on the online version of our GTC and signature on site
These GTC apply to all guided motorcycle journeys offered by MotoGS WorldTours – Tour Operator. You can view them online here at any time; in addition, they will be signed on site at the motorcycle handover (before the start of the tour) together with the rental agreement as a binding part of the travel contract.

1.    Provider, address for service, contact, scope of application

1.1 The tour operator is:
MotoGS WorldTours – Tour Operator (sole proprietorship)
Seffnerstraße 2, 06217 Merseburg, Germany
E-mail: info@motogsworldtours.com
(hereinafter “MGSWT” or “Tour Operator”).
1.2 These GTC apply to all contracts for guided motorcycle journeys organised by MGSWT.
1.3 The tours offered by MGSWT are regularly package tours within the meaning of Sections 651a et seq. of the German Civil Code (BGB) (combination of at least two travel services, in particular accommodation/guiding/organisation and provision of a motorcycle).
1.4 The following shall be decisive for the content of the contract, in the following order:
a) Booking confirmation/travel contract,
b) Travel description/overview of services of the booked tour (as at the time of booking),
c) these GTC,
d) supplementary terms of individual service providers (e.g. motorcycle rental company, ferry company), insofar as they are mandatory and are made available to the participant in due time.
1.5 The contractual language is German. Any translations are for guidance only; the German version shall prevail.
1.6 Contact point during the trip / urgent availability 
During the trip, the participant may contact the tour guide on site as well as MGSWT via the contact channels stated in the booking confirmation (in particular mobile number/WhatsApp) for urgent matters.

2.    Conclusion of contract, booking, communication, right of withdrawal

2.1 By sending the online registration form, the participant makes a binding offer to conclude a travel contract.
2.2 The contract is concluded upon receipt of the booking confirmation in text form (e.g. e-mail).
2.3 The participant must ensure that they can be reached at the e-mail address provided (including spam folder).
2.4 No right of withdrawal: 
For contracts for services in connection with leisure activities, where the contract provides for a specific date or period for performance, there is no right of withdrawal.
2.5 Standard information for package tours (statutory form):
Before the contract is concluded, the participant receives the statutory standard information for package tours (form pursuant to Art. 250 Section 2 EGBGB). This standard information forms part of MGSWT’s pre-contractual information.

3.    Scope of services, included services, services not included

3.1 The scope and details of the travel services result from the travel description on the website and the booking confirmation.
3.2 Included in the tour price (only insofar as expressly stated in the travel description/booking confirmation):

• guided motorcycle tour incl. organisation, briefings and tour guide,
• accommodation incl. breakfast (double room; single room only with booked upgrade),
• provision of a motorcycle (Balkans: by MGSWT; New Zealand: by local rental company as service provider, see Clause 12),
• transfers as stated in the travel description,
• if applicable, ferries/crossings, insofar as expressly included,
• if applicable, specified group services (e.g. group sweatshirt).

3.3 Not included in the tour price (unless expressly included):

• flights/arrival and departure,
• lunch/dinner, drinks, personal expenses,
• admission fees/activities, unless expressly included,
• tips,
• insurance (travel cancellation, foreign health insurance, accident, trip interruption, evacuation),
• fuel, operating materials (e.g. oil, if relevant) as well as charging/cleaning costs,
• road tolls, vignettes, parking fees and other usage-based charges, insofar as not expressly stated as included,
• fines, toll violations, parking tickets and associated processing fees,
• luggage transport/support vehicle (see Clause 14),
• anything that is not expressly stated as included.

3.4 Local standards: 
Accommodation and other services correspond to local standards; unavoidable deviations are permissible provided that the overall character of the trip is not materially impaired as a result and – where possible and reasonable – an equivalent substitute service is provided; in particular, depending on local circumstances, it may happen that in a double room, despite booking two single beds, only one double bed is available, or that with a booked single-room upgrade, the single room is provided, but the bathroom must exceptionally (due to local standards/property-specific conditions) be shared with one or more other participants.

4.    Participation requirements, safety, group rules

4.1 Participation only with a valid driving licence for the respective motorcycle and, if applicable, required additional documents in the destination country (e.g. international driving permit, entry permits, visas).
4.2 The participant must be able to handle the motorcycle safely, be capable of riding in a group and be physically/mentally able to manage multi-day stages of up to 500 km.
4.3 Protective clothing:
An approved helmet is mandatory. Depending on the destination, MGSWT may require minimum protective clothing (e.g. jacket/trousers/gloves/boots).
4.4 Zero tolerance: 
Riding under the influence of alcohol or drugs as well as unfitness to ride due to medication is prohibited.
4.5 The safety and organisational instructions of the guide must be followed insofar as they serve safety and the orderly conduct of the tour.
4.6 Exclusion for good cause: 
MGSWT may exclude participants from further participation for good cause (in particular endangerment of safety, serious breaches of rules, repeated disregard of instructions, significant disruption of the tour process or the group). Statutory claims of the participant remain unaffected. Any additional costs (e.g. return journey, substitute accommodation) shall be borne by the participant, provided that MGSWT is not responsible for the exclusion.

5.    Health, medical questionnaire, emergency contact

5.1 MGSWT may require a health/emergency questionnaire before the start of the trip insofar as this is necessary for safe performance and emergency preparedness (e.g. emergency contact, relevant allergies, required medication, important restrictions).
5.2 The participant shall provide the required information truthfully.
5.3 Personal data is processed in accordance with MGSWT’s privacy policy; special protective measures apply to health data and, if applicable, separate consent.

6.    Prices, payment, due dates, fees

6.1 The prices are shown on the website for each tour and result from the booking confirmation and/or the invoices (invoice for the down payment of the reservation fee and the final invoice).
6.2 Down payment and final payment (unless otherwise regulated in the booking confirmation).
6.2a Reservation fee (down payment) – amount and effect of the reservation:
(1) A binding reservation is only concluded when (a) the booking confirmation has been received by the participant from MGSWT in text form and (b) the reservation fee (down payment) stated below has been received in due time in the account designated by MGSWT.
(2) If the reservation fee (down payment) is not received in due time, MGSWT is entitled, after a reminder and setting a reasonable grace period, to withdraw from the travel contract and cancel the booking. Any claims for compensation are governed by Clause 10 (Withdrawal/Cancellation), insofar as applicable.
(3) The reservation fee is credited towards the total tour price.
6.2b Amount of the reservation fee (down payment) per tour destination:
(1) Balkan tours (start/end generally at the MotoGS Rental location near Split, Croatia):

• Rider in double room: EUR 1,150
• Rider in single room: EUR 1,350
• Passenger/pillion: EUR 650
• Rental motorcycle (Balkans, via MGSWT): 30% of the motorcycle rental fee (in addition to the above reservation fee, insofar as stated in the booking confirmation).

(2) New Zealand tour (start/end generally Auckland, near Auckland Airport, New Zealand):

• Rider in double room: EUR 3,900 (incl. motorcycle)
• Rider in single room: EUR 4,350 (incl. motorcycle)
• Passenger/pillion: EUR 2,300
• Motorcycle upgrade: EUR 450

6.2c Due date of the reservation fee (down payment):
The reservation fee is due within 7 days of receipt of the booking confirmation, unless otherwise regulated in the booking confirmation.
6.2d Final payment:
The remaining amount is due no later than 120 days before the start of the trip, unless otherwise regulated in the tour description or booking confirmation.
6.2e Non-payment or late payment / cancellation due to default of payment:
(1) In cases of default of payment, the statutory consequences shall apply; any claims for compensation are governed by Clause 10 (Withdrawal/Cancellation), insofar as applicable.
(2) MGSWT may cancel bookings with an unpaid remaining balance within 90 days before the start of the trip after prior reminder and setting a reasonable deadline.
6.2f Payment costs / currency:
All payments (reservation fee, final payment, additional services) must be made free of charge for MGSWT. Any transaction costs or costs for currency exchange shall be borne by the participant. Payments are made in EURO, unless expressly agreed otherwise.

7.    Insolvency protection / security certificate

7.1 MGSWT fulfils the statutory insolvency protection and provides the participant with the security certificate in text form before accepting payments.
7.2 Insurer/security certificate: R+V Versicherung Deutschland. The information on the security certificate shall be decisive.

8.    Price adjustments after conclusion of contract

8.1 A price increase after conclusion of the contract is only permissible if it is contractually reserved, is based solely on legally permissible reasons (e.g. transport costs/fuel, taxes/charges, exchange rates) and is communicated to the participant in text form no later than 20 days before the start of the trip.
8.2 If a price increase exceeds 8% of the tour price, the participant has the statutory rights (in particular the right to choose to accept the price increase or to withdraw from the contract).
8.3 In the event of cost reductions, there is an entitlement to a price reduction in accordance with package travel law.

9.    Changes to itinerary/route/times

9.1 MGSWT may adjust the itinerary if this is necessary for safety reasons or due to unavoidable circumstances (e.g. weather, road closures, ferry cancellation, official measures, border waiting times).
9.2 MGSWT will organise changes in such a way that the overall character of the trip is preserved as far as possible.
9.3 Statutory warranty rights in the event of travel defects remain unaffected.
9.4 Material changes before the start of the trip:
If MGSWT must significantly change essential characteristics of the travel services before the start of the trip, or if MGSWT cannot comply with special requirements of the participant that have become part of the contract, MGSWT shall inform the participant thereof without undue delay in text form. The participant may, within a reasonable period set by MGSWT, accept the change or withdraw from the contract without compensation. Statutory rights of the participant remain unaffected.

10.    Withdrawal by the participant before the start of the trip (cancellation)

10.1 The participant may withdraw from the contract at any time before the start of the trip. The decisive factor is receipt of the withdrawal declaration by MGSWT.
10.1a For the calculation of the periods in Clause 10.3, the decisive factor is receipt of the withdrawal declaration by MGSWT. “Start of the trip” means the start of the package tour stated in the booking confirmation (first contractual day of service at the place of departure). The calculation is based on full calendar days.
10.2 In the event of withdrawal, MGSWT loses its entitlement to the tour price, but may demand reasonable compensation.
10.2a Basis of the cancellation lump sums:
The cancellation lump sums agreed in Clause 10.3 constitute a lump-sum compensation pursuant to Section 651h (2) BGB. They take into account the period between withdrawal and the start of the trip, as well as the expected savings and the expected acquisition through other use of the travel services.
10.3 Cancellation lump sums (of the total tour price), unless otherwise regulated in the booking confirmation:
a) Tours Balkans / countries south of the Alps (standard):

• up to 180 days before the start of the trip: 10%
• 179 to 121 days before the start of the trip: 20%
• 120 to 91 days before the start of the trip: 30%
• 90 to 61 days before the start of the trip: 45%
• 60 to 31 days before the start of the trip: 60%
• 30 to 15 days before the start of the trip: 75%
• 14 to 8 days before the start of the trip: 85%
• from 7 days before the start of the trip / no-show: 95%

b) New Zealand tours (increased due to costs):

• up to 180 days before the start of the trip: 12%
• 179 to 121 days before the start of the trip: 24%
• 120 to 91 days before the start of the trip: 36%
• 90 to 61 days before the start of the trip: 54%
• 60 to 31 days before the start of the trip: 72%
• 30 to 15 days before the start of the trip: 90%
• 14 to 8 days before the start of the trip: 95%
• from 7 days before the start of the trip / no-show: 95%

For the cancellation lump sums, the “total tour price” is the total amount for the booked package tour confirmed by MGSWT and invoiced, including booked additional services/upgrades (e.g. single room, motorcycle upgrade, passenger/pillion), but not services booked by the participant themselves with third parties (e.g. flights, hotels booked separately, rental cars, excursions).
10.4 The participant expressly retains the right to prove that MGSWT has incurred no costs or significantly lower costs than the lump sum. At the participant’s request, MGSWT will explain the amount of the compensation in a comprehensible manner.
10.4a Proof of a higher claim for compensation:
MGSWT reserves the right to prove that in individual cases higher reasonable compensation than the lump sum provided for in Clause 10.3 has been incurred; in this case, MGSWT may demand the higher compensation. In all cases, the participant retains the right to prove that MGSWT is entitled to no compensation or significantly lower compensation.
10.5 Withdrawal due to unavoidable, extraordinary circumstances at the destination: 
In this case, MGSWT may not demand compensation (statutory regulation).
10.6 Withdrawal by MGSWT due to failure to reach the minimum number of participants:
MGSWT may withdraw from the contract before the start of the trip if the minimum number of participants stated in the respective travel description or booking confirmation is not reached. 
The withdrawal declaration must be received by the participant no later than: for trips of more than 6 days at least 20 days before the start of the trip, for trips of 2 to 6 days at least 7 days before the start of the trip and for trips of less than 2 days at least 48 hours before the start of the trip.
10.7 Withdrawal due to unavoidable, extraordinary circumstances (outside of control). MGSWT may withdraw from the contract before the start of the trip if MGSWT is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, the withdrawal is declared without undue delay in text form. Further claims of the participant for compensation do not exist in this case; statutory claims remain unaffected.
10.8 Refund in the event of withdrawal by MGSWT:
In the event of withdrawal by MGSWT, payments already made towards the tour price will be refunded to the participant without undue delay, at the latest within 14 days of receipt of the withdrawal declaration.
10.9 No reimbursement of “third-party services” booked by the participant:
MGSWT assumes no costs for third-party services booked by the participant themselves (e.g. flights, hotels, rental cars, activities), unless MGSWT has expressly assumed responsibility for this in writing (text form is sufficient). The conclusion of travel cancellation and trip interruption insurance is therefore strongly recommended.

11.    Rebooking, substitute participant

11.1 There is no entitlement to rebooking. MGSWT may allow rebookings as a gesture of goodwill, insofar as organisationally possible. Rebooking fee: EUR 150 plus actually incurred third-party costs (e.g. services already booked, name changes).
11.2 Substitute participant: The participant may nominate a substitute participant in accordance with the statutory provisions. Actually incurred additional costs shall be borne by the original participant.

12.    Provision of motorcycles, rental terms, damages, deposits

12.1 Balkans (motorcycles via MGSWT): 
The motorcycle is provided by MGSWT. In addition, a handover/rental protocol must be signed upon handover. The supplementary rental terms of MGSWT shall apply.
12.2 New Zealand (motorcycles via third-party provider): 
The motorcycle is provided by a local motorcycle rental company as a service provider. The participant may be required to sign a separate rental agreement with the third-party rental company; its terms shall apply in addition.
12.3 Payment processing: 
Insofar as payments (also) for the motorcycle service are processed via MGSWT, this is done within the scope of the travel settlement. Any deposits/excess amounts are governed by the rental terms of the respective rental company.
12.4 Damages/fines: 
In accordance with the respective rental terms, the participant shall bear, in particular, excess amounts, recovery/towing costs in the event of the participant’s fault, traffic violations, toll violations, fines and processing fees charged by authorities/rental companies.
12.5 MGSWT rental terms (available at): 
General Terms and Conditions (GTC).
12.6 Third-party provider terms and responsibility for package tours:
Insofar as, for certain destinations (e.g. New Zealand), the motorcycle provision is subject to the terms of a third-party provider and/or a separate rental agreement must be signed, these terms shall apply additionally for the use of the motorcycle. The participant’s statutory rights under package travel law and MGSWT’s responsibility for the proper provision of the travel services included in the travel contract remain unaffected by this.

13.    Entry, visas, documents

13.1 The participant is solely responsible for passport, visa, entry, customs, health and driving licence requirements of the destination countries.
13.2 Any disadvantages/costs arising from missing documents or non-compliance shall be borne by the participant. Support by MGSWT is provided without warranty.

14.    Luggage, luggage transport, support vehicle

14.1 No support vehicle: 
For MGSWT tours, no support vehicle (escort/service vehicle) is generally provided for luggage transport or other purposes and will not be provided. The tour cost calculation does not include a support vehicle.
14.2 Luggage on the motorcycle: 
The participant is obliged to stow all luggage required for the tour entirely in the side panniers and the main case/topcase available on the motorcycle. This expressly also applies if a passenger/pillion is travelling along.
14.3 Amount of luggage and safety: 
The participant must choose the amount of luggage so that vehicle control and safety are ensured at all times. Overloading, improper fastening or attaching luggage outside the designated cases (e.g. additional bags/nets) may be prohibited by the guide for safety reasons. In this case, the participant must reduce luggage or otherwise organise it (at their own expense).
14.4 Storage for travel suitcases: 
The actual travel luggage (e.g. travel suitcase) can be deposited at the motorcycle rental company’s location/start point at the motorcycle handover for the duration of the tour. Storage is provided as a free service/favour, if available; there is no entitlement to safekeeping.
14.5 Liability for storage: 
For the deposit, the following applies: MGSWT is liable for loss/damage only in accordance with statutory provisions and only in the event of fault; liability for events outside MGSWT’s sphere of influence (e.g. theft by third parties, force majeure) is excluded, insofar as legally permissible. Travel luggage insurance is always recommended. 
Liability for intent and gross negligence as well as for damage resulting from injury to life, body or health remains unaffected.
14.6 Support vehicle upon request: 
If a participant insists on the presence of a support vehicle, MGSWT may – without any legal obligation and only subject to availability – try to organise a support vehicle as an additional service. All additional costs arising from this (in particular vehicle, driver, fuel, tolls, parking, driver’s accommodation/expenses, organisational effort) shall be borne in full by the participant.
14.7 Separate agreement/advance payment:
A support vehicle is only deemed agreed if a separate written agreement (text form is sufficient) is concluded before the start of the tour and the calculated additional costs are paid in full in advance. Without this agreement, there is no entitlement to a support vehicle, not even if the participant “assumes” it or believes it to be included.
14.8 No change of service due to non-availability: 
If a support vehicle cannot be organised (e.g. due to availability, legal requirements, staff shortage), this does not constitute a travel defect, no price reduction and no right of withdrawal, provided that the originally booked tour service (without support vehicle) is provided as agreed.

15.    Insurance (urgent recommendation)

15.1 MGSWT strongly recommends taking out travel cancellation and trip interruption insurance as well as foreign health and accident insurance.
15.2 For remote regions, additional evacuation/rescue cover is recommended. Taking out such insurance and the scope of cover are the responsibility of the participant.

16.    Travel defects, notice of defects, remedy

16.1 The participant must report travel defects to MGSWT or the guide on site without undue delay and request remedy.
16.2 Insofar as MGSWT could not provide remedy due to culpable failure to report, the participant’s rights may be restricted in accordance with the law.
16.3 Duty of assistance / support:
If the participant finds themselves in difficulty during the trip, MGSWT shall provide assistance without undue delay in an appropriate manner, in particular by providing suitable information on health services, local authorities and consular assistance, as well as by supporting the establishment of long-distance communications and the search for alternative travel arrangements. If the participant has culpably caused the circumstances requiring assistance, MGSWT may demand reimbursement of the necessary and reasonable expenses incurred for this purpose.

17.    Liability

17.1 MGSWT’s liability is governed by the statutory provisions of package travel law.
17.2 Unlimited liability in cases of intent, gross negligence and in cases of injury to life, body or health.
17.3 In the event of slight negligence of essential contractual obligations, liability is limited to the foreseeable damage typically occurring.
17.4 Motorcycling involves significant risks. The participant acts on their own responsibility as the rider; MGSWT is not a “guarantor” of the participant’s personal riding safety.

18.    Limitation period
Claims of the participant due to travel defects become time-barred after two years; the period begins on the day on which the package tour should have ended under the contract.

19.    Data protection; photo/video with separate consent

19.1 Data protection: 
The privacy policy of MGSWT applies in its current version on the website.
19.2 Photo/video recordings for advertising purposes are not agreed via these GTC, but exclusively on the basis of separate, voluntary consent (opt-in) by the participant. Consent may be revoked at any time with effect for the future by e-mail to info@motogsworldtours.com.

20.    Consumer dispute resolution / dispute resolution information (VSBG)

20.1 MGSWT is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
20.2 If no agreement is reached after a dispute has arisen, MGSWT will inform the participant, in accordance with the statutory information obligations, which consumer arbitration board would be responsible and that MGSWT does not participate in proceedings.
Notice regarding the OS/ODR platform: 
The EU Online Dispute Resolution platform (OS/ODR) and the underlying ODR Regulation were repealed with effect from 20/07/2025.

21.    Choice of law, place of jurisdiction, final provisions

21.1 German law shall apply. Mandatory consumer protection provisions of the state in which the participant has their habitual residence remain unaffected, insofar as applicable.
21.2 The statutory places of jurisdiction apply for consumers. For merchants/legal entities, the place of jurisdiction is Merseburg, insofar as legally permissible.
21.3 Side agreements must be in text form, insofar as legally permissible.
21.4 Should a provision be invalid, the remainder of the contract shall remain valid; the statutory provision shall apply in place of the invalid provision.

SAFETY NOTICE / WARNING
Motorcycles are not toys. Failure to follow safety instructions or local traffic laws may result in serious injury or death and significant costs (e.g. recovery/towing/fines).

— End of the GTC —