General Terms and Conditions (GTC)

MotoGS WorldTours - Tour Operator, hereafter referred to as the MGSWT, is in its function as Tour and Rental Operator legally registered with the German authority under the address Seffnerstraße 2 in Merseburg. 

With submission of your online tour registration form and payment of your booking deposit, you agree that you have read and accepted all terms and conditions of this agreement as a binding contract between MGSWT and you, hereafter referred to as the (“Participant”) for the purpose of this document.

In addition, MGSWT requires a duly signed Rental Motorcycle Handover Agreement form to be provided by MGSWT for all tours and a medical questionnaire. If you are joining a tour using MGSWT rental motorcycles you will also be bound by the RENTAL TERMS AND CONDITIONS from MotoGS WorldTours - Rental, in certain destinations 3rd party rental partners will deliver the rental motorcycles and slightly different terms and conditions might apply. Full rental details will be provided depending on the tour destination chosen.

1. Purpose of the contract
To govern the agreement between MGSWT and the tour services offered to the Participant. 

2. Reservation, deposit, and balance
Registration form:
Submitting an online registration form does not confirm availability or reservation. A reservation is only valid if it has been confirmed by MGSWT and the reservation fee, as stated below, has been received into an account nominated by MGSWT.

Down payment:
Balkan Tours - The start and the end of the tours generally take place at the MotoGS Rental office, near Split in Croatia.
A deposit is required as stated below to make and maintain a binding reservation for the participant or participants.

• Rider in double room: EUR 1,150
• Rider in single room: EUR 1,350
• Passenger/Pillion: EUR 650
• Rental motorcycle: 30% of the motorcycle rental

New Zealand Tour - The start and the end of the tour generally takes place in Auckland, near Auckland Airport, New Zealand.
A deposit is required as stated below to make and maintain a binding reservation for the participant or participants.

• Rider in a double room: EUR 3,900 (including motorcycle)
• Rider in a single room: EUR 4,350 (including motorcycle)
• Passenger/Pillion: EUR 2,300
• Upgrade motorcycle: EUR 450

Balance:
The balance of the booking must be paid no later than 120 days before the start of the tour, unless otherwise stated in the tour description on the website MGSWT.
Bookings with unpaid balances within 90 days may be cancelled by MGSWT upon prior notice without refund of deposit. The participant must receive the announcement in some form within 14 days.

All payments, such as deposits or final payments, must be made free of charge for MGSWT to the account nominated by MGSWT. This means that any transaction costs or costs for currency exchange shall be borne by the participant. All payments must be made in EURO.

Protect your deposit and balance:
If you would like to protect your deposit and balance as well as other travel plans, please consider trip cancellation or travel insurance, such as: e.g. Global Rescue, your credit card or another third party.

3. The tour package 

Included in tour price

• Professional trilingual tour guide (German, English and Spanish)
• Accommodation with breakfast in shared room (single room upgrades available)
• Costs for the ferry, if included in the tour, including accommodation in a double cabin
• Small exclusive group sizes
• Rental motorcycle (billed separately)
• Mandatory 3rd party motorcycle insurance
• Group activities, but not entre fees
• Pre-tour preparation materials and briefing
• Transfers from and to the airport as specified in the tour description.
• Group Sweatshirt

Not included in tour price

• Airfare
• Upgrades (single room and bigger motorcycle)
• Passenger
• Lunches, dinners, and drinks
• Medical Evacuation Membership (available from Global Rescue)
• Trip Cancellation Insurance (available from Global Rescue)
• Tips to staff
• Any inclusion not specified.

4. Rental motorcycle and upgrades
The participant is subject to the MGSWT Rental Term and Conditions when using one of our rental motorcycles on a guided package tour.
In certain destinations (e.g., New Zealand, Australia, and South America) 3rd party rental partners will deliver the rental motorcycles used and slightly different terms and conditions might apply. Full disclosure of 3rd party rental terms and conditions will be provided depending on the tour destination chosen.
Motorcycles available and upgrade fees depend on the tour destination. Please check details and rates on the specific tour page on www.MotoGSWorldTours.com.
If a Participant is traveling solo, we would attempt to find a suitable roommate for the participant if the Participant requested a shared room. In the case this proves impossible, a single room upgrade will be charged.

5. Personal paperwork, travel permits and visas
The participant is responsible for complying with passport and visa regulations in each destination visited and takes full responsibility for consequences resulting from non-compliance. MGSWT will attempt to advise best we can, but we do not know the exact and ever-changing details, regulations, restrictions, and requirements for each participant to each country they will visit on the tours. One good initial research to learn what visas might be needed can be done on www.VisaHQ.com.

6. Accompanying persons as pillion
Passengers or pillion riders are welcome on all of our tours. The costs for one passenger can be seen on the website under the respective tour.

7. Luggage
MGSWT assumes no responsibility for loss, damage, or delay in delivering luggage to tour participants on tour. However, we provide a free space at our respective starting point for storing luggage that is not required. Storage is clean, safe, dry, and free of charge for the entire duration of the tour.

Luggage insurance is always recommended. 

8. Weather conditions
Each destination is different, and the weather differs a lot depending on the season. MGSWT attempt to always plan tours when the weather is supposed to be at its best. MGSWT cannot be held liable for unpleasant or unsuitable weather conditions that occur during a tour and no refunds or adjustments to the tour price will be made for such conditions.

9. Changes to schedule and itinerary 
MGSWT strive to deliver our premium tours precisely as described on our website, but itinerary may change without further noticed to weather, road- or any other conditions that MGSWT or its guides feel will jeopardize the safety of the group or material. In some instances that could mean changes to the schedule that was originally published and requiring a change in accommodations arrangements. No refunds or adjustments to the tour price will be made for such conditions.

10. Change to tour cost
The costs of the tours offered are those applicable at the time of registration. If cost factors such as currency fluctuations, insurance costs, or the cost of accommodations or motorcycle rental dictate the need for an increase in the price of the tour, MGSWT may modify the price at any time prior to 60 days before departure. If a customer is not satisfied with such an increase, the customer may cancel the reservation and the entire deposit will be promptly refunded.

11. Health and behaviour 
Riding a motorcycle for many days in a hectic 3rd world country (e.g., tours in South America) can be strenuous mentally and physically and demands that the participant is fit and with good health. MGSWT require that every participant is fit and able to ride a motorcycle and we expect everyone to fill out the Medical Questionnaire with honest answers in order for our tour leaders to be informed and attentive with any special needs like medicine, nutritive requirements, pre-existing conditions etc. that the participant might have. 

MGSWT also reserves the right to cancel a participant’s continued participation in a tour if the participant becomes disruptive or putting themselves or others in harm’s way. No refund or credit will be issued after such a decision.

12. Insurance
MGSWT recommends that participants take out adequate travel, health and accident insurance, as well as trip cancellation and interruption insurance. We furthermore recommend an Emergency Evacuation Membership (available from Global Rescue)

13. Cancellation and rescheduling
All down payments and final payments are generally non-refundable. A transfer of down payments or remaining payments to a third party is excluded.

In exceptional cases, deposits and remaining payments can be transferred to a new tour date and therefore a postponed tour date. To request a new tour date, please send us an e-mail to Info@MotoGSWorldTours.com. Include your full name and the tour dates. After checking the process, we will inform you within 14 days whether a transfer to a new tour date is possible or not.

If a rebooking is possible, rebooking requests made more than 120 days before the start of the tour can be transferred to a new booking minus a rebooking fee of EUR 150. The remaining amount will be retained as a credit note for the new booking.
For rebooking requests made less than 120 days before the start of the tour, the deposit and balance will be forfeited as a cancellation fee. 

A refund is generally not possible for commercial reasons.

An interruption or complete abandonment of a tour by the participant, for whatever reason, does not lead to a refund or crediting of deposits or remaining payments. The same applies if the participant must be excluded from the group because he/she has not adhered to the group rules. MGSWT is entitled to exclude a participant from the group at any time in order not to jeopardize the cohesion of the group. 

In principle, any credits expire one year after issue.

Extreme situations may arise in which MGSWT has to bring forward or postpone a planned tour and other travel arrangements. In this case, MGSWT accepts no responsibility for any resulting losses, costs, or inconvenience. This includes flight tickets, hotel reservations, activities, or costs for e.g. a rental car already booked by the participant. No exception can be made to this policy for any reason. 

MGSWT is also not responsible for the inability of a participant to participate in a tour, whether for health, family, weather, or environmental reasons. 
The purchase of trip cancellation or trip interruption insurance is strongly recommended to cover your deposit and balance payments as well as other travel plans.

14. Photo and video material
Photos and videos produced by MGSWT or its representatives during a tour are the property of MGSWT and copyrights remain with MGSWT. MGSWT may use this material for promotional and advertising purposes, including images identifying individual entrants, without any charge being made by the entrant for use of such material. By registering, the participant expressly agrees to this procedure.

15. Acceptance
I have read and accept the terms and conditions of MGSWT. I am aware of the risks involved in riding a motorcycle and traffic conditions, roads, weather, and other conditions as well as the actions of other riders can influence and magnify the risks. I accept these risks. Furthermore, I agree and understand that MGSWT is not the guardian of my safety and they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or my participation in connection with any tour or rental, which might result in injury, death or other damage to me, my property, or my family, heirs, assigns, or others.

16. Jurisdiction
For all disputes arising from or about the purchase of the tour, the place of jurisdiction is agreed to be the registered office of MotoGS WorldTours, provided that the participant does not have a general place of jurisdiction in Germany or the contractual party to which the claim is made moves its domicile or usual place of residence outside the scope of the Code of Civil Procedure after conclusion of the contract or the place of residence is not known at the time the action is filed, the participant is a merchant or an equivalent person in Section 38 Paragraph 1 CCP.

These General Terms and Conditions are subject in all respects to the domestic law (with the exception of the choice of law provisions) of the Federal Republic of Germany. Any action between the parties to this Agreement shall be brought only in the Merseburg Court of Saxony-Anhalt-Germany and not in any other jurisdiction, and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs.

This regulation also applies to bills of exchange and check procedures.

17. Final provision
All agreements must be in writing. If individual provisions of these purchasing conditions are or become invalid, this will have no influence on the legal effect of the remaining points.

The ineffective provisions must be reinterpreted so that their purpose can be effectively fulfilled.

Mandatory legal regulations remain unaffected.

WARNING:
Motorcycles are not toys and can be hazardous to operate. Failure to obey instructions, terms, or local traffic laws, can result in severe injury or death, confiscation of vehicle, jail time, fines, and or lost damage deposit!

Processing status January 1, 2024

1. Reservation and withdrawal
Reservations are only binding after written confirmation by the lessor and as soon as the lessee has paid the agreed deposit on the rental price or the full rental price.

If the lessee withdraws from the contract before the agreed start of the rental period, the following parts of the agreed rental price are to be paid according to the rental contract.

If cancelled,

• up to 51 days before the start of the rental period, 30%,
• up to 21 days before the start of the rental period 70%,
• less than 14 days before the start of the rental 80%,
• less than 7 days before the start of the rental 90% and
• 100% of the agreed rental price on the day the rental begins.

The compensation is to be set lower or omitted if the renter proves a lower damage or the absence of damage. The compensation is to be set higher if the lessor proves a higher damage.

Upgrade rental motorcycle:
If, through no fault or action on the part of the lessor, the lessee wishes to upgrade to a larger motorcycle on the day of collection of the rental motorcycle or during the entire rental period, and thus also to a higher daily rental rate, this shall be deemed to be a termination of the actual rental contract and shall require a new rental contract under the same booking number. In this case, the full rental price for the actual rental contract must be paid in full plus the difference to the daily rental price for the motorcycle in the higher class.

Downgrade rental motorcycle: 
If, through no fault or action on the part of the lessor, the lessee wishes to change to a smaller or cheaper motorcycle on the day of collection of the rental motorcycle or during the entire rental period, this shall be deemed to be a termination of the actual rental contract and shall require a new rental contract under the same booking number. In this case, the full rental price for the actual rental agreement must be paid in full. In other words, the new rental contract for the smaller and less expensive rental motorcycle will be charged at the conditions of the actual rental contract. The lessee is therefore not entitled to a refund of the difference.

The lessee is entitled to name a replacement lessee. If this fulfills the rental agreement, the proportionate payment is waived.

In general, the lessor does not agree to the automatic conversion into a rental contract for an indefinite period of time if the rental objects are used continuously. Irrespective of this, a usage fee for use beyond the agreed rental period must be paid, which is based on the respective daily rent of the rental object. If the vehicle is returned early before the agreed return date, the full rental price must be paid if the lessor cannot rent out the motorbike to someone else.

By taking out travel cancellation insurance, the renter can protect himself against those costs according to the general conditions of this insurance. However, such an insurance contract is not part of the contract and is only intended as an indication.

2. Rental Rates
The prices of the currently valid rental conditions apply. The rental conditions can be viewed on the MototGS Rental homepage.

3. Payment method
A deposit of at least 30% of the rental price must be deposit upon conclusion of the contract (online or at the business premises). In the event of non-compliance, the lessor is no longer bound to the reservation that may have been promised. The remaining rental price must be paid on the day of collection at the latest. 

The deposit of EUR 2,000 must be deposit at the latest when the vehicle is picked up at the start of the rental period. The deposit amount will be reserved on the lessee’s credit card.

4. Takeover and return
The motorcycle is to be taken over at the rental company's business premises on the agreed date (day and time). Unless otherwise agreed, the motorcycle is available for collection on weekdays between 8:00 am and 6:00 pm and must be returned no later than the collection time on the last day of the rental.

In principle, we reserve the right to provide a model in the same or higher price range that is comparable in its essential features instead of the booked model.

If the vehicle is not picked up at the contractually agreed time, with a waiting time of 2 hours, the rental period will be reduced. The rental period then begins at the time of collection or handover and ends at the agreed end of the rental period (day and time).

When the rented items are handed over, a condition report is created in which all existing damage is noted. The lessee is obliged to immediately notify the lessor of any new damage to the rental property during the rental period.

If the lessor suffers damage due to the vehicle being returned late (e.g., due to claims for damages by the subsequent lessee, etc.), the lessor reserves the right to assert these claims for damages against the lessee.

If the motorcycle is returned in an undamaged condition, apart from the damage indicated in the condition report, the deposit will be returned in full. The vehicle is handed over in a clean condition and with a full tank of fuel. It must be returned with a full tank and roughly cleaned. Unless other contractual agreements have been made.

If the vehicle is returned in an exceptionally dirty condition, the lessee must pay a cleaning fee of EUR 50 including statutory VAT. Both parties reserve the right to prove higher or lower expenses.

The place of return corresponds to the place of delivery. Unless otherwise contractually agreed. If the lessee does not return the motorcycle to the agreed place, the rental company will charge the lessee EUR 1 per kilometre of the distance between the agreed return location and the actual return location. In addition, the lessor will charge the lessee an expense allowance of EUR 20 per hour including statutory VAT for the return of the motorcycle to the agreed location.

If the contractually agreed return is delayed by more than 1 hour, the lessor will charge the lessee EUR 20 per hour including statutory VAT as additional work and loss of use.

If the motorcycle is not returned with a full tank of fuel as contractually agreed, the rental company will arrange for the tank to be refuelled at the renter's expense. For this, the lessor charges the lessee a flat-rate cost of EUR 2 per litre plus an expense allowance of EUR 30, each including the statutory VAT.

If the motorcycle is returned with additional kilometres contrary to the contractually agreed kilometres, the rental company will charge the lessee EUR 0.37 per kilometre including statutory VAT.

Upon request, a delivery and/or collection of the motorcycle is possible within a radius of 150 km. If desired, this option must be displayed at the latest when booking or making a reservation. The renter should provide us with a message in this regard in the "Your message to us" field. We charge EUR 25 including the statutory VAT for each hour started as workload for this service. This all-inclusive price includes all costs, such as e.g., time and labour for 2 people, fuel and a second and necessary vehicle included.

5. Deposit
A deposit of EUR 2,000 must be deposit at the start of the rental period as security for the return of the motorcycle in an undamaged, cleaned and fully fuelled condition in accordance with the contract. The deposit must be deposit free of charge (EC card, Visa, MasterCard or in cash) at the latest when the vehicle is handed over to the lessor. 

The lessee must ensure that they have sufficient credit available on their card (EC, Visa, MasterCard) at the time of booking and collection. 

If the vehicle is returned in good condition and undamaged, apart from the damage listed in the condition report, the deposit will be refunded or released in full. If there is no identifiable reason for partially or fully retaining the security deposit of EUR 2,000, the lessor will release the deposit in the booking system on the day the motorcycle is returned. Depending on the credit card, debit card or bank used by the lessee, the actual release at the bank can take up to 30 days. This depends on the respective bank. This release process is an automatic process and does not require any action by the lessor. The banking process behind the release of the reserved deposit is handled between the provider commissioned by the lessor, in this case Nexi Germany, and the lessee's respective bank. If the lessee wishes to release the security deposit before the expiry of these 30 days, he must request this from the lessor in writing. For the considerable and necessary time required to process the early release of the security deposit with Nexi Germany, the lessor can charge the lessee a processing fee and expense allowance of EUR 30 including statutory VAT.

6. Authorized riders
The age of the rider must be at least 23 years and the rider must have had a motorcycle license for at least three years. The driver's license must contain class 1 or A and must comply with the legal regulations that apply to riding the rented motorcycle.

The motorcycle may only be driven by the renter himself and the riders specified in the rental agreement. 
The lessee is legally equal to the vehicle owner for the duration of the rental period.

7. Duty of care
The renter is obliged to treat the rented item with care and to strictly observe the operating instructions for the motorcycle.
He is also obliged to properly secure the motorcycle against theft.

8. Trips abroad
Trips abroad are possible within Europe. Trips to the following Western and Eastern European countries must be reported to the rental company when renting and before collection and require the prior written consent of the rental company. This includes trips to Albania, Bulgaria, Bosnia and Herzegovina, Estonia, France, Greece, Italy including Sicily, Latvia, Lithuania, North Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary, Ukraine, and Belarus.

Riding through Kosovo is strictly prohibited. IMPORTANT: There is NO insurance cover in Kosovo.
The lessor and lessee agree that if the lessee does ride into or through Kosovo and damage occurs, regardless of the type of damage, the lessee is 100% liable for the damage caused. In other words, the damage caused is not covered by the EUR 2,000 excess in the event of damage and the lessee is fully liable for the difference. This also applies above and beyond the EUR 2,000 excess.

Furthermore, trips to non-European countries, war, crisis and disaster areas are generally prohibited.

After the lessor has given his consent, trips abroad (outside Croatia or Germany) can be charged at EUR 7 per day including VAT. However, this depends on the individual case and is the responsibility of the lessor, who reserves the right to charge.

The lessee undertakes to observe the existing traffic regulations in the respective countries. In particular, he must inform himself in detail about toll fees and entry regulations with a rental motorcycle before starting the trip, for example, and ensure that these costs and billing are ensured.

9. Maintenance, repair, and damage
The costs of the ongoing operation and maintenance of the rental vehicle, e.g. operating materials, are borne by the lessee. The costs for the prescribed maintenance services and necessary wear and tear repairs are borne by the lessor.

Repairs that are necessary to ensure the operational or road safety of the vehicle can be ordered by the renter up to a price of EUR 150 without further ado, larger repairs only with the consent of the lessor. The lessor will bear the repair costs upon presentation of the relevant receipts, provided the renter is not liable for the damage (see section 10).

In the event of a flat tire, caused, for example, by riding in a nail or a piece of glass, the lessee is fully liable. This means that all costs incurred as a result are borne by the lessee and must be paid immediately after the motorcycle is returned.

In the event of a defect on the motorcycle, the manufacturer's service number must be called, and the instructions of the service centre must be followed. If the lessee does not follow these instructions, he will bear the costs himself.

The lessee is aware that the rental motorcycle is equipped with a so-called keyless ride system. This means that there is no ignition lock on the motorcycle. The lessee is explicitly informed of this fact during the motorcycle instruction. Starting the engine and securing the motorcycle against theft is done exclusively using this remote key. This is a very costly system. The lessee is fully liable if the key is lost or stolen during the rental period. Liability also includes all costs for replacing the key and renewing all locks on the motorcycle, such as the case system and the seat.

The lessee is also liable for any loss of the registration certificate for the motorcycle that was given to him in confidence. He is obliged to bear all costs associated with replacing new documents. This is an official document from the German vehicle registration authority.

Furthermore, the lessee is liable for any damage caused by him to any additional equipment he rents, such as a navigation device, motorcycle helmet, camera, etc.

10. Lessee's Liability
The lessee is liable for the timely return of the vehicle in the contractual condition. In the event of accidental damage or theft, the renter is only liable for the agreed deductible. This amounts to EUR 2,000 / claim. The lessee can reduce the deductible by taking out insurance.

Riding offside public roads, i.e. riding on any roads that are not approved for public traffic and therefore do not have road signs, is strictly prohibited. The motorcycle is NOT rented for off-road tours. The tires are not suitable for off-road trips. It is agreed that no insurance cover is available under these circumstances. If the lessee rides the motorcycle offside public roads in violation of this regulation and an accident or damage of any kind occurs to the motorcycle, the lessee is fully liable for the damage caused to the motorcycle and, if applicable, the equipment. In this case, this also exceeds the actual excess of EUR 2,000 up to the amount of the actual damage incurred.

For journeys to the following countries, despite the written consent of the lessor, the excess increases to EUR 3000: Albania, Bulgaria, Bosnia and Herzegovina, Belarus, Estonia, France, Greece, Italy with Sicily, Latvia, Lithuania, North Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary and Ukraine.

However, the lessee is liable without limitation for all damages if and to the extent that the insurer does not pay, in particular, because the lessee (or the driver) caused the damage through intent or gross negligence, or the damage was caused by alcohol or drug-related inability to drive.

If the lessee has fled the scene of an accident or violated his/her obligations according to clause 7 of these conditions, then he/she is also fully liable, unless the violation had no influence on the settlement of the claim.
The lessee is also fully liable for all damage caused by use by an unauthorized rider or for prohibited purposes or by improper handling of the motorcycle.

The lessee is prohibited from using the vehicle to take part in motorsport events and vehicle tests or to transport explosive, highly flammable, toxic, radioactive, or other dangerous substances. Also, to commit customs and other criminal offenses, even if this is only according to the law of the crime scene penalties, for subletting or lending, or for other commercial purposes - except for those that have been expressly agreed.

Flat-rate processing fees for handling fines or tolls. The lessee will expressly permitted to prove that no damage occurred at all or that it was significantly lower than the flat rate. It should be noted that such processing fees are payable in addition to the fine or toll and lessee shall be fully liable for the payment of any such fine or toll. The processing fee for additional work, for example for correspondence, is EUR 30.

The execution of the motorcycle rental agreement requires that MotoGS WorldTours/MotoGS Rental be able to collect all legally and/or contractually owed costs in connection with the rental through the renter's means of payment. Lessee gives express permission if lessee hands over his means of payment before picking up or handing over the vehicle. 

In particular, the lessor is entitled to payment of the contractually owed processing costs in connection with administrative offense and fine proceedings, as well as warnings and all costs incurred in connection with the fulfillment of the rental agreement. All charges paid or to be paid by MotoGS WorldTours/MotoGS Rental in connection with the rental agreement will be charged to the lessee's credit card.

The lessee is only liable for traffic violations actually culpably committed by him.

11. Lessor's Liability
The lessor is liable to the lessee for damages in the event of default in performance or in the event of the impossibility of performance for which he is responsible, limited to three times the agreed daily net rent.

The Lessor is entitled to provide a replacement motorcycle of equal value to the reserved motorcycle at the Lessor's headquarters within 3 days if the vehicle is not available for reasons for which the Lessor is not responsible or during the rental period for reasons that the tenant is not responsible.

The lessor is not liable for indirect damage (e.g., lost vacation time). The lender does not owe any travel services and in particular no travel services as an entire. The statutory provisions on the package travel contract, in particular Section 651 of the German Civil Code, do not apply directly or indirectly to the contractual relationship.

The lessor is not obliged to store items that the lessee leaves behind in the vehicle when the vehicle is returned.

12. Behaviour in the event of accidents
The lessee must notify the police immediately after an accident, fire, theft, wildlife, or other damage. This also applies to self-inflicted accidents without the involvement of third parties. If the renter fails to have the damage recorded by the police, he is fully liable. Opposing claims may not be recognized as a matter of principle.

The lessee must immediately provide the lessor with a detailed written report, including a sketch, even in the case of minor damage. In particular, the accident report must contain the names and addresses of the persons involved and any witnesses, as well as the registration number and insurance data of the vehicles involved.

If the probable amount of damage exceeds the insurance deductible or if the vehicle is no longer roadworthy, the lessor must be informed by telephone.

13. Limitation period, the statute of limitations
The lessee must notify the lessor in writing of any claims due to the rental agreement within one month after the contractually agreed return of the vehicle.

After the deadline, claims can only be asserted if there is no fault for non-compliance with the deadline.

14. Storage of personal data
The lender is entitled to process the data received about the lessee in relation to the business relationship or in connection with it, regardless of whether it originates from himself or from third parties, within the meaning of the Federal Data Protection Act.
This applies in particular in connection with the clarification of any incorrect information provided by the tenant, the delay in returning the vehicle by more than 24 hours, or the clarification of traffic violations or administrative offenses.

15. GPS tracking of the rental item
The renter motorcycle can be equipped with a GPS tracking system. The renter agrees to this procedure.

16. Jurisdiction
The place of jurisdiction for all disputes arising out of or about the rental agreement is the place of business of the lessor, provided that the lessee does not have a general place of jurisdiction in Germany or the contracting party to be held responsible moves their domicile or habitual place of residence outside the scope of the Civil Procedure Code after the conclusion of the contract or the place of residence is not known at the time the action is filed, the tenant is a merchant or an equivalent person in accordance with § 38 Para. 1 ZPO

These general terms and conditions are subject in all respects to the domestic law (with the exception of the provisions on the choice of law) of the Federal Republic of Germany. Any action between the parties to this Agreement may be brought only in the courts of Merseburg in Sachsen-Anhalt-Germany and in no other jurisdiction.

The prevailing party shall be entitled to recover from the unsuccessful party its reasonable fees and costs.

This regulation also applies to bills of exchange and check procedures.

17. Final Provision
All agreements must be in writing. Should individually provisions of these rental conditions be or become invalid, this has no influence on the legal effect of the remaining points.

The invalid provisions must be reinterpreted in such a way that their purpose can be effectively fulfilled.

Mandatory statutory provisions remain unaffected.

Processing status July 31st, 2024

1. Conditions of purchase and subject matter of the contract
The contract is concluded with MotoGS WorldTours - Tour Operator, based in Merseburg, Germany, and is only concluded when the voucher (face value) has been paid in full.

The purchase contract is only concluded when, on the one hand, the buyer accepts the general terms and conditions made available during the ordering process and submits the order online and, on the other hand, MotoGS WorldTours delivered the voucher.

The voucher will be delivered immediately after full payment has been received.
Advance payment is agreed as the payment method.

A purchased gift voucher is a purely digital product, no physical product will be sent.

2. Order and prices
The order can be placed in the voucher shop on the homepage MotoGS WorldTours or MotoGS Rental nd can be paid by credit card, PayPal, or instant bank transfer.

The customer has the option to choose between the voucher amounts (face values) of EUR 50, EUR 100, EUR 250, EUR 500, EUR 1000, and EUR 1500.

The voucher, which is then paid in full, will be delivered by email to the email address provided by the purchaser or customer and can be printed out immediately as a “pdf” document.

The voucher(s) each have a unique barcode that is required to redeem the voucher.
The customer is responsible for storing and handling the original voucher template.

We are not liable for any misuse of the voucher template. If vouchers are lost, stolen, or improperly validated, the amount cannot be refunded. 
Creating a copy of the voucher is not possible.

3. Products and Redemption
The voucher(s) can be redeemed on the online portals MotoGS WorldTours or MotoGS Rental and can be used for guided motorcycle tours offered there or for motorcycle rental and all rental accessories listed in the portals.

If an order or reservation is made at the company headquarters or in the rental store, the voucher can of course also be redeemed in person on site.

MotoGS WorldTours or MotoGS Rental will redeem all gift vouchers without checking whether the submitter is authorized to do so. However, MotoGS WorldTours and MotoGS Rental reserves the right to refuse to redeem a gift voucher if there is suspicion of deception, fraud, or other illegal activity in connection with the redemption of the gift voucher.

When checking out online, you must specify gift voucher as your payment method.
If the amount of the gift voucher is not sufficient to pay in full for the item booked online, the difference must be paid using another payment methods at check-out, such as credit card, PayPal, or instant bank transfer.

If the online booking is less than the value of the voucher, the customer will receive a new voucher in the amount of the difference to the first voucher. However, this process is only possible once. This means that it is no longer possible to issue another voucher for a remaining amount.

The value of unredeemed gift vouchers will not be refunded.

The purchased or ordered vouchers cannot be exchanged for cash.
Change cannot be issued in connection with the redemption either.
Additionally, the face value of gift vouchers cannot be changed after purchase.

It is not possible to subsequently redeem the voucher for an order that has already been placed.

The voucher is redeemed against goods. It is not possible to rebook to another voucher.
No interest will be credited to the voucher value.

An invoice, including the statutory VAT, can only be issued when the voucher is actually redeemed (Sales tax law).

In the event of an item or the entire order being returned when paying exclusively by voucher, the amount will be refunded via voucher. After the purchased or rented item has been successfully returned, the customer will receive a new digital voucher for the corresponding amount to the email address they provided. The issue date and therefore the validity date of the original voucher applies to this new voucher.

If the order was paid with a voucher and another means of payment, the refund will be made in the amount of the voucher credit used as a digital voucher and in the corresponding amount to the respective other means of payment.

Any cancellation fees when withdrawing from booked motorcycle tours or booked motorcycle rentals remain unaffected. Any cancellation fees will therefore be charged as if the costs for the booked item(s) were paid via credit card, PayPal, or bank transfer.

The validity of the vouchers is 3 years from the date of issue. An extension of the validity is only possible after a written request to info@motogsworldtours.com or rental@motogsrental.com and must be requested at least 3 months before the expiry date.

4. Minimum age
Only people aged 18 and over are permitted to shop on our online portals.

5. Right of withdrawal and cancellation policy
Vouchers can be returned within 14 days.
The written declaration of cancellation must be received by us within 14 days of the date of issue. After these 14 days have expired, the right of withdrawal can no longer be exercised or if the voucher for a service has already been used in full or in part within this period.

6. Performance Changes
Deviations in images or descriptions of the items and services offered are possible. Errors and changes to the articles remain reserved.

7. Security Guarantee & Data Protection
Safety is the highest priority! Therefore, when paying with credit cards, all personal data such as credit card number, name and address are transmitted via a protected SSL line.
This makes sensitive data in internet traffic unreadable.

Our data protection information applies, which can be viewed on our website.
By providing personal data (in particular email address), the buyer expressly agrees to the determination, storage and processing of the data provided in the form for marketing and advertising purposes.

The buyer also expressly agrees to the storage of his data.

8. Changes to the General Terms and Conditions
MotoGS WorldTours reserves the right to change these Terms and Conditions at any time. However, the conditions valid at the time of purchasing the respective voucher apply to the contractual relationship.

Furthermore, the conditions for vouchers are subject to the law of the Federal Republic of Germany.

9. Place of jurisdiction
For all disputes arising from or about the purchase of the voucher, the place of jurisdiction is agreed to be the registered office of MotoGS WorldTours, provided that the buyer does not have a general place of jurisdiction in Germany or the contractual party to which the claim is made moves its domicile or usual place of residence outside the scope of the Code of Civil Procedure after conclusion of the contract or the place of residence is not known at the time the action is filed, the buyer is a merchant or an equivalent person in Section 38 Paragraph 1 CCP.

These General Terms and Conditions are subject in all respects to the domestic law (with exception of the choice of law provisions) of the Federal Republic of Germany. Any action between the parties to this Agreement shall be brought only in the Merseburg Court of Saxony-Anhalt-Germany and not in any other jurisdiction, and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs.

This regulation also applies to bills of exchange and check procedures.

10. Final provision
All agreements must be in writing. If individual provisions of these purchasing conditions are or become invalid, this will have no influence on the legal effect of the remaining points.

The ineffective provisions must be reinterpreted so that their purpose can be effectively fulfilled.

Mandatory legal regulations remain unaffected.

Processing status January 1, 2024

Privacy and Cookie Policy of MotoGS WorldTours - Germany and MotoGS Rental - Croatia.
This website collects some personal information from its users.

Owner of MotoGS WorldTours and MotoGS Rental Data controller:
Frank Merklinger

MotoGS WorldTours - Germany
Headquarter and office for motorcycle tour organization:
Seffnerstraße, 06217 Merseburg, Germany
VAT number DE358041050

MotoGS Rental - Croatia
Meet & Greet Service Center:
Kralja Tomislava 13, 21220, Seget Donji - Trogir, Croatia

E-mail: Info@MotoGSWorldTours.com or Rental@MotoGSRental.com

Cell phone or WhatsApp: +385 99 6750140 or +49 151 44288997

Thank you for using the website of MotoGS WorldTours/MotoGS Rental. We respect your privacy, and we aim to protect the personal information obtained from you. The privacy policy determines and regulates how MotoGS WorldTours/MotoGS Rental uses and protects the information you provide when using this website. We protect your privacy. When you provide some information that can be recognized when you use this website, you can be sure that this information will be used in accordance with this privacy statement. The MotoGS WorldTours/MotoGS Rental can make changes to this statement and will then update this page. You should check this page periodically to ensure that you agree to all modifications and amendments. By submitting the contact form information provided on our site and which you have fulfilled, you agree to the use of personal data by article 5 of 130/11 of the Law on Personal data protection as per General Data Protection Regulation (GDPR). The following information might collect on these Web pages: First and last name, personal information, and contact information including e-mail address. Other information about reviews and interests, and other relevant information about us.
Collection and use of your personal information. The MotoGS WorldTours/MotoGS Rental respect your privacy and processes your personal data fairly and lawfully.
Your consent we process and use your personal information only on the basis of your consent – freely given and explicit observations that the personal information you have made available to us by registering and using the website is processed for the purpose of this protection privacy policy. We will request your permission when filling in the appropriate form available on the website of the Company. Without consent, personal data might be collected and further processed in cases specified by law.
Processing of personal data we store the collected personal information in electronic form, and for protection purposes, we apply the appropriate technical, organizational, and personal protection measures and procedures to prevent personal data that are not available to others access to the portal users and to ensure that they are used in accordance with the purpose of processing.

What information we collect:

• First and last name, age, and gender (contact forms only)-to contact users of the services
• E-mail address (only in contact forms)-to contact users of the services
• IP address (browser cookies) – serves to process attendance statistics
• Geolocation (browser cookies) – serves to process attendance statistics
• Browser type (browsers) – serves to process attendance statistics
• Device type (browser cookies) – is used to process attendance statistics

Payment information
All payments will be affected in Euro currency. The amount your credit card account will be charged for is obtained through the conversion of the price in your currency into Euro according to the current exchange rate of the European National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated in our website.
Statement on the use of WSPay
MotoGS WorldTours/MotoGS Rental (point of sale) uses WSPay for online payment.
WSPay is a secure system for online payment, real-time payment, and credit and debit cards by other payment methods. WSPay customers and merchants ensure secure registration and transfer of entered data on cards, which is confirmed by the PCI DSS certificate that WSPay has. WSPay uses SSL certification for 256-bit encryption and the TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transferring data.

Messages in electronic form
When you send us electronic mail (e-mail) with your personal information that can be identified by you, whether it is an email with a question or a comment or you do so through a form located on the association’s website, which by e-mail, we use this information only for the purpose of fulfilling your requirements. We may forward your electronic message or form to other employees of the association or suppliers to answer your question, or to satisfy your request.

Retention time
Personal data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
Personal data collected for purposes related to the performance of a contract between the owner and the user shall be retained until such contract has been fully performed.
Personal data collected for the purposes of the owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the owner within the relevant sections of this document or by contacting the owner.
The Owner may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the owner may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Data protection
We take care that your information is safe. We have provided physical and electronic procedures for the protection and provision of the information we collect, for preventing unauthorized access or disclosure of your data.
MotoGS WorldTours/MotoGS Rental will not distribute your personal data to third parties unless we have your permission or are obliged by law to do so.

Analytics and Cookies
Also, this website uses cookies so that we can provide you with the best user experience possible. You can find out more about which cookies we use or exclude them in a set of visits to this website.
Limitation of liability
While we undertake the available technical, organizational, and personal measures in order to prevent unauthorized disclosure of your personal data, we cannot guarantee that some of the personal data we collect will never be accidentally discovered, contrary to the provisions of this privacy policy. To the fullest extent permitted by law, we exclude liability for damages caused to users or third parties by accidental disclosure of personal data. Since we have no control over the personal information you provide when accessing or using other portals, or directly to third parties (for example, participating in sponsored activities), we exclude to the maximum extent permitted by law responsibility for damages that may arise to you or to third parties for the submission of personal data in this manner.

Your rights
If you are concerned about your information, you have the right to request access to the personal information we possess or process about you. You have the right to ask us to correct the defects. At any time, you may ask us to stop using your information for direct marketing use.
Withdraw consent-deleting personal information
You may withdraw your consent to use in total or in part or request the deletion of your personal information at any time. This does not include any data that we are obligated to hold for administrative, legal, or security purposes. Your data will be deleted upon receipt of the request for withdrawal by e-mail:
Info@MotoGSWorldTours.com.

National legislation – All documents can be viewed on the web pages of the national newspaper:
Constitution of the Republic of Croatia, article 37 (“Official Gazette” 85/10 – Consolidated text)
Law on Personal Data Protection (“Official Gazette” 106/12 – Consolidated text)
Law on Protection of Personal Data (“Official Gazette” 103/03)
Law on amendments to the Law on Protection of Personal Data (“Official Gazette” 118/06)
Law on modifications and amendments to the Law on Protection of Personal Data (“Official Gazette” 41/08)
Law on modifications and amendments to the Law on Protection of Personal Data (“Official Gazette” 130/11)
Regulation on how to conduct and from records of personal data collections (“Official Gazette” 105/04)
Regulation on the manner of storing and special measures of technical protection of special categories of personal data (“Official Gazette” 139/04)

Processing status January 1, 2024