General Terms and Conditions for Organized Motorcycle Tours

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.

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
Deposit and balance payments are non-refundable. In certain cases, funds can be transferred to a rescheduled date.
To requests a reschedule, please send us an email to Info@MotoGSWorldTours.com. 
Include your full name and rental dates.
Reschedule requests initiated by the participant with more than 60 days’ notice are transferable to a new booking, minus a 150 EUR rescheduling fee. The remaining funds paid will be held as a credit towards the new booking.
Reschedule requests initiated by the participant with less than 60 days’ notice the deposit and balance payments are forfeited as a cancellation fee. No credits, nor refunds available.
Cancellation during or cutting a tour short will not result in any refund or credit.
Credits can only be applied towards the balance of a tour and cannot be used as a new deposit.
Credits expire one year after being issued.
Extreme situations may arise where it is necessary for MGSWT to advance or postpone a scheduled tour and other travel arrangements. In that event, MGSWT do not assume responsibility for any resulting losses, expenses or inconvenience. This includes also airline tickets, hotel reservations, activities, or automobile rentals. No exception to this policy will be made for any reason. MGSWT is not responsible for a participant’s inability to attend a tour due to any circumstance whether it be health, family or environmental. Trip cancellation or interruption insurance is strongly recommended to protect 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