This outline of tour conditions represents part of the terms of transaction stipulated in the foresight of the disposition no. 516/12.04.2005 in concordance with Romania’s Government Decree no 107 / 1999 regarding tourist packages commercialization, approved with modifications and completions by the Law no. 631/2001, with the subsequent modifications.
The contract can be presented as a catalogue, pamphlet, or on the web page www.visit-transylvania.us or any other document and will have as appendage the tour program (from the pamphlet or the web-site) and the voucher.
1. Contract for Agent-Organized Tours
1.1 Responsibility rests with the company operating Agent-Organized Tours (hereinafter referred to as Adventure Motorcycle Tours) whose name in full appears below and in its tour pamphlets. Clients joining such tours shall conclude an Agent-Organized Tour Contract (hereinafter referred to as the Travel Contract) with Adventure Motorcycle Tours.
1.2 Adventure Motorcycle Tours is a tour operator agency with licence no 6180, registered to Romanian Tourism National Authority. Adventure Motorcycle Tours and Rentals SRL, Turda, Razboieni street no. 31A, zip code 401189, phone:+40 364405641.
1.3 Adventure Motorcycle Tours shall provide tour arrangements and itinerary management so that the client receives tour services including transport/accommodations (hereinafter referred to as “tour services”) provided by transportation/accommodation operators during the tour itinerary set by Adventure Motorcycle Tours.
1.4 The content and conditions of the contract shall conform to those specified for each tour itinerary, conditions as specified here-under, the final itinerary handed to clients before departure (hereinafter referred to as the “Final Tour Itinerary”) and Agent-Organized Tours as described in Adventure Motorcycle Tours, general terms and conditions as based on the Romanian Law no. 631/2001, with the subsequent modifications.
2. Application for Agent – Organized Travel Contracts and their Conclusion
2.1 The client shall provide on the Adventure Motorcycle Tours application form information as required by Adventure Motorcycle Tours and submit the form together with the necessary reservation deposit. Said deposit shall be applied to the tour fare, cancellation charges or penalties.
2.2 Adventure Motorcycle Tours may accept applications for travel contracts by mail, fax and other means of communication. In such cases, the client shall submit the application form and reservation deposit to Adventure Motorcycle Tours within 3 days counting from the day after acceptance of application is confirmed. If the client fails to supply the required application form and deposit within 3 days, the reservation shall be voided.
2.3 The Travel Contract shall become valid upon Adventure Motorcycle Tours consent to the conclusion of the contract and receipt of the reservation deposit. If tour arrangements are made by phone, the Travel Contract shall become valid upon Adventure Motorcycle Tours acceptance of the tour deposit as specified in the Article 2. When clients request tour arrangements by mail, facsimile or other communication methods, the Travel Contract shall become valid upon payment of the Tour Deposit and Adventure Motorcycle Tours notification of acceptance of the tour contract.
2.4 When applying for group tour arrangements, the tour contract including conclusion and cancellation of the contract shall be exchanged between Adventure Motorcycle Tours and the group representative.
2.5 PAYMENT OF THE RESERVATION DEPOSIT CONSTITUTES CLIENT’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN.
3. Special Conditions of Tour Application
3.1 Special Requests such as smoking/non-smoking, adjacent or connecting rooms and special dietary needs should be advised at time of booking. Please note that every effort will be made to secure your special request; however, these requests cannot be guaranteed.
3.2 Child Policy: A client under 18 years of age and travelling alone during the tour period shall provide Adventure Motorcycle Tours with written consent of his/her guardian. Clients under 16 years of age must be accompanied by a parent or guardian. On non-family programs, unless otherwise indicated on the individual tour page, a minimum age of 10 years is required. On “for couples” tours a minimum age of 20 years is required.
3.3 Independent activities: for reasons of the client’s own choosing shall not be arranged by Adventure Motorcycle Tours during the tour. However, Adventure Motorcycle Tours may, depending on the tour course, arrange such activities under separate conditions.
4. Contract Document and Final Tour Itinerary
4.1 After the client has entered into a Travel Contract with Adventure Motorcycle Tours as stipulated in Articles 2 & 3 above, the brochures (or the site) and the tour conditions listed herein shall be included in the Travel Contract, as appendages.
4.2 The scope of travel services for which Adventure Motorcycle Tours is liable in arranging and administering the itinerary, if this is different from the brochure, pamphlet or site, shall be specified in the voucher.
5. Payment of Tour Fare
We require a deposit of 145 EURO per person for a holiday, 100 EURO per person for a short break (the deposit for the Budapest – Sightseeing on the bus – 3 hours tour – 26 EURO must be paid in full at the time of reservation). Final payment is due no later than 60 days prior to departure. If your reservation is made within 60 days of departure, the entire cost of the trip must be paid at the time of confirmation.
6. Prices and Arrangements:
6.1 Quoted program prices include planning, handling and operational charges, and are based on current rates of exchange, tariffs and taxes as of January 2006. Adventure Motorcycle Tours reserves the right to alter tour prices to cover increased land cost received after prices were published, due costs and fees for landing, other airport fees and harbor dues as well as tourist fees or currency fluctuation afferent to the contracted tourist package.
6.2 In such cases, Adventure Motorcycle Tours shall notify the client no later than the 65 day prior to departure. If the increased cost exceeds 10% the tourist is entitled to renounce the tour and have a refund of all money paid or choose another tour from Adventure Motorcycle Tours offer. The tourist can act on these data in maximum 5 days after the notification of the altered cost. If after 5 days from the notification of the altered price the tourist doesn’t take a position, Adventure Motorcycle Tours considers the altered cost as being accepted.
6.3 If Adventure Motorcycle Tours specifies that tour fares are dependent on the number of participants and there is a change in the number of the participants due to reasons beyond Adventure Motorcycle Tours responsibility, Adventure Motorcycle Tours shall change the tour fare within the allowable range specified in the tour contract.
7. Included in the Tour Fare
The following may eventually include items unrelated to the tours you choose:
Please note that the items included in the tour fare are only those as specified in the itinerary description.
|Guide Services||the guides presented on tour pages are subject to availability. |
Adventure Motorcycle Tours reserves the right to change and assign other guides for the listed tour
|Hotel Rooms|| – rooms with private bath on a two-in-a-room basis at the hotels specified in each itinerary. For single room occupancy by choice or circumstances (If you travel alone you have to book the tour with a single supplement; if you wish to book a double room which you want to share with another traveller, we’ll do our best to make all arrangements, but in case this is not possible, you’ll have to pay a single supplement; however if you travel alone it is our strongest recommendation to book the tour with the single supplement from the beginning), extra charges will be required as shown in the respective column in each itinerary. A shower cabin will be available in the bathroom in some cases instead of a tub.|
– traditional style rooms with private bath in Romanian country-inns.
– traditional style rooms with one bath for two rooms (bath on the hallway) in the historic region of Maramures or in traditional Hungarian areas of Transylvania – you will accommodate here under the same roof with your Romanian host
|Meals||as specified in each itinerary|
|Railways||Some tours are operated with sleeping wagons and others by First class classification|
|Other Railways||When operated by subway, local trains or steam operated trains it is possible that no reserved seats are provided.|
|City tours & Excursions||Fully guided city tours as noted in the itinerary, by sedan, van, taxi, minibus, motor coach and/or sightseeing boat on a seat-sharing basis. Entry fees to churches, museums, parking fees, etc. mentioned in each itinerary are not included in the “Short Break” programs.|
|Transfers from/to airport||by motor coach on a seat-sharing basis. A sedan, van or taxi may be used when the total number of participants is smaller.|
|Baggage||two suitcases (one big bag that must not exceed 20 kg and another small handbag) are permited per person, in the same limits that international flights accept without overcharge.|
|Guide Services||An English-speaking guide for the tours, including city tours and excursions will be provided. For particular tourist attraction we also provide a local guide or custodian. For long transfers involving trains, or flights except in cases specified in each itinerary, the guide will not accompany the tour.|
|Gratuities||are included for hotel/restaurant staff, porter age and local guides/drivers. Gratuities are not included for the guide or for the driver of your tour, where applicable, which are at the traveller’s discretion and should be based on the level of satisfaction with the service received).|
|Taxes||all the local taxes, all hotel taxes.|
|Swimming pools||At the hotels that do have this facility. Please note that swimming pools are not always available throughout the entire periods of availability detailed in our brochures or other promotional materials, and are periodically closed for maintenance and cleaning.|
|Bottled water||supplied during Sightseeing tours and „for couples” tours|
|Note||In principle, Adventure Motorcycle Tours will not make refunds for the above fares, even if clients choose not to use the relevant services.|
8. Not Included in the Tour Fare
Charges and expenses other than those specified above, such as:
8.1 Cost of obtaining passports or entry visas
8.2 Laundry, telephone, additional meals and drinks, and any other expenses of personal nature.
8.3 International and domestic air fares.
8.4 Airport departure taxes.
8.5 Excess baggage. Heavy baggage.
8.6 Cost for transfer from Budapest Airport to Medias Railway station in the hiking tour Conquer Transylvania’s Alps (tour code Ro6.2RoHi) guide and assistance services
8.7 Medical expenses for injuries and illness.
8.8 Travelling and accommodation costs between tourist arrival/departure and the start and end points of the itinerary.
9. Additional Fares
The additional fares include the following charges for a group of tourists:
9.1 Additional charges for “Upgrade Plans” for upgraded hotels, class of room, and type of occupancy from double to single.
9.2 Additional charges for changing from a ” Plan Without meals” to a “Plan With Meals” if it is available.
9.3 Additional charges for “Hotel Extension Plan” to extend the staying period
9.4 Surcharges for upgrading transportation classes or type
Other additional charges as specified in pamphlets and other material.
10. Guaranteed Departures
10.1 All departures are guaranteed, excepting tours for couples (which intend to socialise)
Should the minimum number of passengers not be met in “tours for couples”, we will offer an alternative tour. Should no alternative be suitable, we will offer a full refund of all money paid.
10.2 Adventure Motorcycle Tours reserves the right to take necessary measures when safe, smooth tour operation according to the itinerary is deemed impossible. In this case, Adventure Motorcycle Tours must explain in a timely manner its inability to function according to the Travel Contract under the circumstances.
11. Transfer of name
You may transfer your booking to another person, provided they meet all the requirements relating to that tour. More than 5 days before departure, administrative fee of 65 EUR will apply. Note: airlines may impose 100% cancellation charges. Within 5 days we try to do the transfer but there is a chance that name transfers could not be possible.
12. Cancellation of Travel Contract by the Client before departure
12.1 The client is at all time entitled to cancel the Travel Contract, but must pay Adventure Motorcycle Tours a cancellation charge as stipulated below:
89 days or more prior to departure 80 EURO per person / per tour cancellation fee;
88–61 days, loss of deposit.
60–31 days will be subject to 50% of tour price;
30 days or less will be subject to 100% of tour price.
12.2 Cancellation Charges for Extra Services
Additional hotel nights and other extra services booked in connection with Adventure Motorcycle Tours programs are subject to: cancellations received:
31 or more days prior to the service will be refunded in full;
30–15 days in advance will be charged 50% of the price;
14 or less days in advance will be charged 100% of the price.
12.3 When refunding, the bank commissions will be client’s responsibility. Adventure Motorcycle Tours operates refunds by bank transfers.
12.4 All claims for days missed while travelling should be made in writing within 30 days of the termination of the program.
In any of the following cases, the client may cancel the Travel Contract without paying a cancellation charge:
a) when the contents of the Travel Contract have been substantially revised
b) when the tour fare is increased more than 10%
12.5 Adventure Motorcycle Tours shall accept the cancellation requests taking into account the mean-time zone of tourist’s booking area, no later than 12.00 P.M.
13. Cancellation of Travel Contracts and Tour Operation by Adventure Motorcycle Tours before departure
13.1 If the client has not paid the tour fare when due, Adventure Motorcycle Tours reserves the right to cancel the reservation. In such cases, the clients shall pay Adventure Motorcycle Tours the applicable cancellation charges.
13.2 In any of the following cases, Adventure Motorcycle Tours may cancel the Travel Contract and it shall return the full amount of the tour fare (or deposit) received from the client.
|a)||In the event of a natural calamity or disaster, poor weather conditions, civil disturbance, suspension of services related to transportation, accommodations, etc., governmental orders, or other circumstances beyond Adventure Motorcycle Tours control, and when safe, and smooth tour operation according to the itinerary specified in the Travel Contract has become impossible, or there is a valid reason to believe that the tour cannot continue.|
|b)||When the minimum number of participants as stipulated by Adventure Motorcycle Tours in the Travel Contract has not been met. In such cases, Adventure Motorcycle Tours shall notify the client of tour cancellation 60th day prior to departure.|
13.3 When a tour is cancelled by the Company, the Client may choose between a full refund of all money paid or any alternative tour offered by the Company. If the alternative tour chosen by the Client is of a lower value than that originally booked then the Client is entitled to a refund of the price difference. If the alternative tour chosen by the Client is of a higher price than that originally chosen then the Client must pay the difference.
13.4 In any of the following cases, Adventure Motorcycle Tours may cancel the Travel Contract and without making any refunds
|a)||If Adventure Motorcycle Tours didn’t receive the amount specified for the tour fare, even after the contract has been concluded,|
|b)||When it becomes evident that the client does not meet the requirements of a tour (such as sex, age, qualification, skill) or other requirements specified by Adventure Motorcycle Tours for participation in the tour.|
|c)||When there is evidence that the client threatens to cause other participants embarrassment or inconvenience, or might otherwise interfere with the smooth performance of the collective activities of the tour.|
|d)||When the client is recognized as unfit to join the tour owing to illness or for other reasons.|
|e)||For late arrivals at the airport or departure point, incomplete or inaccurate information, lack of legal papers or border rejection.|
13.5 The Company is not responsible for any incidental expenses that the client may have incurred as a result of the booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc.
14. Cancellation after Departure
14.1 Cancellation by client
a) When the client leaves the tour group for personal reasons, Adventure Motorcycle Tours will consider it a forfeiture of contracted rights and claims to any refund.
b) If certain services cannot be provided as promised in the Travel Contract for reasons beyond client responsibility, relevant portions of the contract may be cancelled, with an appropriate refund deducted from the total tour fare.
14.2 Cancellation by Adventure Motorcycle Tours may cancel the Travel Contract for tours after the departure date in the following cases:
a)When the client is unable to continue the tour owing to illness or other factors.
b)When the client seem to disturb the order of collective activities of tour participants by negligence of instruction from tour conductor or violent deeds or menace towards these people or those accompanying them, which otherwise jeopardizes safety, smooth tour operation.
c)When the tour cannot continue owing to natural disaster, weather conditions, civil unrest, labour disputes, suspension of services by transportation or accommodation facilities, governmental orders, or other causes beyond Adventure Motorcycle Tours control.
15. Effect of cancellation and refund
15.1 When Adventure Motorcycle Tours cancels the Travel Contract for tours in accordance with the Provision 14.2 a) and 14.2 b) herein-above, Adventure Motorcycle Tours shall, at the client’s expense, make necessary arrangements as requested for return to point of departure.
15.2 If Adventure Motorcycle Tours cancels the Travel Contract, in accordance with the Provision 14.2 c) travel services rendered to the client shall be deemed as having been completed, and a refund from the tour fare shall be paid for services not yet rendered. In cases where travel services are not rendered owing to tour cessation, or services for which Adventure Motorcycle Tours has paid, (or will pay) expenses, cancellation charge, penalty, or etc., Adventure Motorcycle Tours will refund only the balance thereof.
16. Claims and Refunds:
16.1 In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the hotelier, carrier or other supplier in question. Any verbal notification must be put in writing and given to them as soon as possible. If the complaint or problem is not resolved to your satisfaction straight away, you must contact us or your tour guide as soon as possible; please take into account that some hotels do not consider the claims even in written form after checking out. If you remain dissatisfied, however, you must write to us within 7 days of your return from the holiday giving your booking reference and full details of your complaint.
16.2 Refunds are not made for any missed services, except for verifiable extenuating circumstances. For verifiable claims to be considered, they must be received in writing within 7 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the guide of the tour verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Refunds will not be made for unused city tours, meals or any other services missed due to delays in programme or alteration of the programme caused by the client.
16.3 The client shall be required to request a refund at the sales office where the client bought the tour, or using the same means of communication in which the client booked the tour within 28 days of the termination of the tour program. Adventure Motorcycle Tours shall make said refund within the 7th day from the next day of cancellation, when effecting refund before tour departure, and within 30 days counting from the day after the tour ends, as stipulated in the contract in case of reduction or cancellation after tour departure. However, should there be any expenses as cancellation charges, penalties, etc. which Adventure Motorcycle Tours has already paid or will have to pay for services not provided because of tour cancellation, said expenses shall be borne by the client.
16.4 If you are unhappy with the way we dealt with your complaint please call the following free lines: 0800 86 82 82 for the National Authority in Tourism, or 0800 08 09 99 for Consumer Protection.
17. Changes in itineraries:
Accommodations (hotel or vessel) and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Adventure Motorcycle Tours control (Necessary measures to prevent tour participant death or bodily harm, bad weather, inadequate road condition or natural disasters which hinder the tour itinerary, force major). Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.
18. Itinerary Management
Tour itineraries which specify “to be escorted by English-speaking guide” will provide such accompaniment as a general rule. The English-speaking guide shall ensure the safety of clients and smooth operation of the tour as stipulated in the Travel Contract. By booking with us Client agrees to abide by the authority of the guide so that the tour can unfold safely and smoothly.
19. Liability of Adventure Motorcycle Tours and Exemptions
19.1 In performing its obligations under the terms of its Tour Contract, should Adventure Motorcycle Tours cause damage to the client through willful negligence or fault, Adventure Motorcycle Tours shall be liable for such damages.
19.2 Should major changes occur in Travel Contract contents the maximum amount of compensation for changes paid by Adventure Motorcycle Tours under one organized Tour Contract shall be the tour fare multiplied by 15%. This money will not be paid, however, if the total amount is less than 121 EUR. Adventure Motorcycle Tours will make refund to the client within 30 days counting from the day after the tour ends. However, if it is evident that liability occurs owing to said changes, Adventure Motorcycle Tours shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages.
19.3 When the situation warrants, Adventure Motorcycle Tours shall indemnify the client by offering economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if the client so agrees.
19.4 Adventure Motorcycle Tours is not liable for any negligent or willful act of any such person or entity or of any third person.
19.5 In addition and without limitation, Adventure Motorcycle Tours is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or major force, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
20. Liability of Client
20.1 There are certain inherent risks in some of the tours, specially in adventure tours. These include, but are not limited to, risks of horseback riding (for example, unpredictable behavior by the horses, being spooked, etc.) hiking, downhill or cross country skiing (for example, equipment failures, ice or other trail obstructions), and in all trips inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
20.2 Clients Representations: The Client represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour.
20.3 Adventure Motorcycle Tours reserves the right to decline to accept anyone on a trip.
20.4 Adventure Motorcycle Tours reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impacts the enjoyment of other passengers on the trip.
21 Photographs and videos taken on the tours by Adventure Motorcycle Tours representatives are Adventure Motorcycle Tours copyright. Adventure Motorcycle Tours reserves the right to use such material for advertising purposes without costs for Adventure Motorcycle Tours vis-à-vis participants, even if participants are identifiable on them. The participant agrees that Adventure Motorcycle Tours can use all photographs and/or video in any way and medium taken by the customer without costs for Adventure Motorcycle Tours.
VI. FINAL DISPOSITIONS
22. Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in Commerce Chamber from Cluj Romania, in accordance with the rules of Romania then existent.
Motorcycle rental terms
Adventure Motorcycle Tours states that the motor bike will be delivered to the renter with a full tank of fuel, clean and in perfect state of functioning without any visible external defects. The renter will return the bike in the same conditions along with its documents and accessories, at the end of the programme, at the time and place stipulated by the contract. Both Adventure Motorcycle Tours and Renter have inspected the motorcycle and it is free of damage or any defects other than those noted.
AUTHORIZED DRIVERS: The rented motorcycle shall not be operated by any other person other than the Renter or an additional operator mentioned in the contract, without the written permission of Adventure Motorcycle Tours.
RENTER REPRESENTATIONS: Renter represents that he/she (i) is at least 21 years of age and in sound medical condition; (ii) understands that unique risks are involved in motorcycle riding; (iii) possesses a valid driver’s license that qualifies Renter to operate a motorcycle in the state or country of permanent residence with the same rating as the motorcycle; and (vi) is not under the influence of an alcoholic beverage or a controlled substance or any prescription or non-prescription drug which could impair Renter’s ability to operate the motorcycle.
RENTAL CHARGES: Renter will pay for the length of time he possesses the motorcycle at the rate indicated above. A day of rental means 24 hours rental.
TAXES: Renter will pay all sales, use, rental, and excise taxes, including tax-related surcharges, related to rental of the motorcycle.
ADDITIONAL CHARGES: Renter will pay Adventure Motorcycle Tours or the appropriate government authorities, on demand all charges due under this Agreement, including: (a) time for the period that Renter keeps the Motorcycle; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Motorcycle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Motorcycle assessed against Adventure Motorcycle Tours or the Motorcycle, unless these expenses are Adventure Motorcycle Tours’s fault – all fines will be subject to a 30 EUR processing fee by Adventure Motorcycle Tours; (g) all expenses Adventure Motorcycle Tours incurs in locating and recovering the Motorcycle if Renter fails to return it or if we elect to repossess the Motorcycle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, Adventure Motorcycle Tours incurs collecting payment from Renter or otherwise enforcing Adventure Motorcycle Tours rights under this Agreement; (i) a 2% per month late payment fee, on all amounts past due; (j) EUR 50 plus EUR 4/km between the renting location and the place where the Motorcycle is returned or abandoned, plus any additional recovery expenses Adventure Motorcycle Tours incurs; (k) a reasonable fee not to exceed EUR 30 to clean the Motorcycle if returned less clean than when rented; (l) should the renter return the vehicle with an empty tank the refueling service: € 12 plus fuel cost will be charged; (m) the loss of tools/documents/ accessories will be charged with the amount of Euro 110 (+ 19% VAT); to support the cost of the documents necessary crossing the border if riding outside Romania’s territory as well as the optional insurance for civil liability for riding the motorcycle outside Romania’s territory (green card) – EURO 50.
LIABILITY INSURANCE: The Compulsory Insurance against Civil Liability in respect of motor vehicles is provided. CASCO insurance against damages available at an extra cost.
A deposit will be required for bike damage security or loss of accessories. The amount will be refunded at the end of the programme should the bike be returned on time, undamaged and with a full fuel tank. Renter understands they will be charged the rate per day for a full day even if Renter does not have the Motorcycle for the entire day.
CREDIT CARD AUTHORIZATION: Renter authorizes Adventure Motorcycle Tours to charge Renter’s credit card for the charges as set forth above, and for any additional rental charges unpaid at time of pickup, for any additional charges upon return of the motorcycle, and for any parking fines and any moving or toll violations incurred by Renter while using the Motorcycle. If, for any reason, the credit card does not cover the total amount of these expenses, the Renter agrees to pay immediately upon being billed for these services.
WARRANTIES: RENTER UNDERSTANDS THAT EXCEPT FOR THE ABOVE DESCRIPTION OF THE MOTORCYCLE, ADVENTURE MOTORCYCLE TOURS HAS NOT MADE, DOES NOT MAKE, AND DISCLAIMS ANY
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTORCYCLE, INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. RENTER AGREES THAT ADVENTURE MOTORCYCLE TOURS WILL NOT BE LIABLE TO RENTER FOR ANY LOSS, CONSEQUENTIAL OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING IN CONNECTION WITH, THE MOTORCYCLE, ITS USE, OPERATION OR FAILURE TO OPERATE, MAINTENANCE OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE MOTORCYCLE.
USE: Renter will not operate the Motorcycle outside Romania’s territory unless approved by Adventure Motorcycle Tours. Renter will comply with all laws, ordinances or governmental rules and regulations relating to the use and operation of the Motorcycle. Renter will check the engine oil level at each refueling and report any mechanical failures to Adventure Motorcycle Tours, immediately. Renter will not service the Motorcycle, repair the Motorcycle, or replace any part or accessory of the Motorcycle, during the rental period without Adventure Motorcycle Tours prior approval. Renter will keep the Motorcycle locked while unattended or parked over night on the side of the road. The motorcycle will be parked only in secured and guarded parking places. In case of an accident involving the Motorcycle, Renter will notify the police and Adventure Motorcycle Tours immediately.
PROHIBITED USE OF THE MOTORCYCLE: Renter will not use or permit the Motorcycle to be used: (i) by any person other than Renter or the additional renter specified; (ii) to carry passengers or property for hire; (iii) to tow or push anything; (iv) to be operated in a test, race or contest or on unpaved roads; (v) to instruct an unlicensed person in the operation of the Motorcycle; (vi) by any person who is prohibited by law from operating a motorcycle; (vii) while under the influence of alcohol or a controlled substance, or a prescription or non prescription drug which could impair the operator’s ability to operate the Motorcycle; (vii) for an illegal purpose, including transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Adventure Motorcycle Tours, for all fines, forfeitures, liens and recovery and storage costs, including all related legal expenses.
CONDITION AND RETURN OF MOTORCYCLE: Renter must return the Motorcycle to Adventure Motorcycle Tours rental office, on the date and time specified in this Agreement, and in the same condition that Renter received it, except for ordinary wear. Every pick up/drop off out of the business hours will be charged EURO 50. Office hours from 09:00 AM to 06:00 PM – closed on Sunday, (and Saturday in low season). In case the hirer fails to deliver the motorcycle at the time and location stipulated by the present contract, Adventure Motorcycle Tours reserves the right to immediately contact the Police and declare the motorcycle stolen, unless the delay is properly notified and accepted by Adventure Motorcycle Tours.
RESPONSIBILITY FOR MOTORCYCLE DAMAGE OR LOSS; REPORTING TO POLICE: Renter is responsible for all damage to the motorcycle, including the cost of repair, diminished value and loss of use, or the actual cash retail value of the motorcycle on the date of the loss if the motorcycle is not repairable or if Adventure Motorcycle Tours, elects not to repair it, whether or not Renter is at fault. Renter is responsible for theft of the motorcycle, loss of use, diminished value of the motorcycle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not Renter is at fault. If Renter believes their own insurance or charge card issuer covers the loss, Renter will provide insurer and policy number or card issuer and its insurer. Renter authorizes Adventure Motorcycle Tours to collect the loss directly from the insurer. Renter also authorizes Adventure Motorcycle Tours to collect the loss directly from a third party responsible for the loss. Adventure Motorcycle Tours will refund any sum collected in excess of the loss. Renter must report accidents or incidents of theft and vandalism to Adventure Motorcycle Tours and the police as soon as Renter discovers them.
REPOSSESSING THE MOTORCYCLE: Adventure Motorcycle Tours may repossess the Motorcycle anytime it is found illegally parked, unlocked, being used to violate the law or the terms of this Agreement, or appears to be abandoned. Adventure Motorcycle Tours, may also repossess anytime it is discovered that Renter made a misrepresentation in this Agreement or in any other document to obtain the Motorcycle. Renter waives, to the extent permitted by applicable law, any and all rights to prior notice and/or hearing prior to the repossession of the Adventure Motorcycle Tours, Adventure Motorcycle Tours employees, agents or contractors.
ADVENTURE MOTORCYCLE TOURS’s RIGHTS and OBLIGATIONS:
– Adventure Motorcycle Tours’s rights and obligations result from the stipulations of the entire contract and not only: b) to replace in the shortest possible time the distressed motorcycle, providing the motorcycle is located on a area of maximum 300 kilometers away from Adventure Motorcycle Tours’s headquarters and only if Adventure Motorcycle Tours has another available motorcycle, with the following amendments:
– if the distressed engine/motorcycle is of superior class to the one offered in exchange the price does not alter
– if the distressed motorcycle is of inferior class to the one offered in exchange, the Hirer is compelled to pay the price difference in accordance with the current price list.
c) to provide technical assistance when solicited by the Hirer.
d) AMT is guarantor for the good eviction and for the motorcycle hidden vices which could interfere with the good function of the motorcycle. Adventure Motorcycle Tours is not responsible for vices that could make the use of the motorcycle uncomfortable for the Hirer, vices which the Hirer could ascertain at the time the present contract was signed.
Cancellation of Travel Contract by the Client before departure
The client is at all times entitled to cancel the Travel Contract, but must pay Adventure Motorcycle Tours a cancellation charge as stipulated below:
61 days or more prior to departure 90 EURO per motorcycle / tour cancellation fee
60 – 41 days, loss of deposit
40 – 31 days will be subject to 50% of tour price
30 days or less will be subject to 100% of tour price
PROPERTY: Renter releases Adventure Motorcycle Tours, its agents and employees from all claims for loss of, or damage to Renter’s personal property left or carried in or on the Motorcycle or in any service motorcycle or in Adventure Motorcycle Tours offices.
WAIVER OF LIABILITY: RENTER AGREES TO RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD ADVENTURE MOTORCYCLE TOURS AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, FINES, OR OTHER SANCTIONS, WHETHER BROUGHT BY RENTER, RENTER’S FAMILY OR THIRD PARTY, THAT MAY HAVE ACCRUED OR MAY ACCRUE IN THE FUTURE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO THE RENTAL OR OPERATION OF THE MOTORCYCLE BY RENTER OR ANY OTHER PERSON. THIS WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY INJURY, DAMAGE OR LOSS TO RENTER’S PERSON OR PROPERTY WHICH MAY BE (A) CAUSED BY ANY ACT, OR FAILURE TO ACT, BY ANY RELEASED PARTY OR (B) SUSTAINED BY RENTER BEFORE, DURING, OR AFTER THE RENTAL. THIS WAIVER AND RELEASE DOES NOT RELEASE ADVENTURE MOTORCYCLE TOURS FROM ANY LIABILITY THAT IS CAUSED BY ITS INTENTIONAL MISCONDUCT OR FROM ANY OTHER LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED BY RENTER UNDER APPLICABLE LAW.
Force Majoeure: 1.The force majeure exonerates the parties involved from any liability or obligations when a majeure event or circumstance beyond the control of the parties prevents one or both parties from fulfilling their obligations under the present contract, provided that the event or circumstance is notified in 10 days after its occurrence. 2. If in 10 days after the occurrence, the event or circumstance is still present, the parties are entitled to void the contract without claiming or damages. 3. During the force majeure the contract is suspended but can be continued once the force majeure has stopped. If the terms of the contract can not be fulfilled or if the value of the services alters due to the Force Majeure, the parties will conclude an Additional appendage to the present contract, written and signed, renegotiating the terms of the contract.
MODIFICATIONS: No term of this Agreement can be waived or modified except by a writing signed by both parties. If Renter wishes to extend the rental period, Renter must speak directly with a Adventure Motorcycle Tours representative.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Renter and Adventure Motorcycle Tours. All prior representations and agreements regarding this rental are void.
GOVERNING LAW; JURISDICTION: This Agreement shall be governed by, and construed under, the laws of the State of Romania, without regard to any conflicts or laws or choice of laws principles that would require the application of the laws of any jurisdiction other than the State of Romania, all rights and remedies being governed by said laws. Should a lawsuit be necessary to enforce this Agreement the parties agree that jurisdiction and venue are waived and suit shall be brought in the county of the principal office of Adventure Motorcycle Tours.
MISCELLANEOUS: A waiver by Adventure Motorcycle Tours of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of obligations under this Agreement. Acceptance of payment from Renter or Adventure Motorcycle Tours failure, refusal or neglect to exercise any rights under this Agreement does not constitute a waiver of any other provision of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
We respect and will continue to respect the privacy of our customers.
Although personal information about you will be submitted to companies that are implicated in the creation of your holiday / tour (airlines, providers, hotels, banks).
Except these cases, we will take reasonable steps to protect the security of the information we collect from you.
Users who have subscribed to our e-mail service will receive promotional mailings and e-mails from us. If you no longer wish to receive promotional mailings or e-mails please e-mail us and mention in the subject line: unsubscribe.
When you browse the site, we do not collect personal information about you. The only way we will get any kind of personal information is if you give it to us.
Permission to use, copy and distribute the documentation published by Adventure Motorcycle Tours on this World Wide Web server is hereby granted on the condition that each copy contains this copyright notice in its entirety and that no part of the documentation is used for commercial purposes but restricted to use for information purposes within an organization.
The content of this website was believed to be accurate at the date of input. However, not only are resorts and properties constantly endeavouring to further improve their facilities, resulting in changes to descriptions and the possibility of building work taking place but, even with the most stringent checks, human error can occur.
CHANGES AND ADDITIONS MAY BE MADE BY ADVENTURE MOTORCYCLE TOURS FROM TIME TO TIME TO ANY INFORMATION CONTAINED HEREIN.