Terms and Conditions

 

Please read the following notice as it is your contract with Europa Motorcycle Tours Limited and clearly lays out what you have agreed with us.

 

Europa Motorcycle Tours Ltd (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “booking”, “contract” or “arrangements” mean such tour arrangements unless otherwise stated in our brochure or information on our website also form part of your contract with the Company.

 

The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour arranged by the Company including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England, Wales, Scotland and Northern Island only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.

 

To secure a booking, the Company must receive payment of the minimum deposit of £95  per person for UK based tours or £150 per person for one of our European tours. For Uk tours if the booking is made within 30 days of departure full payment is required at the time of booking. For European tours if the booking is made within 60 days of departure full payment is required at the time of booking. Once your booking form and payment has been received your place on the tour will be reserved for you

 

All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following four conditions:

 

a) They have read and accepted our booking conditions and Tour information pages, Including departure dates and Tour Prices contained in our brochure and/or on our website.

b) They appreciate and accept the risks involved in Motorcycle Travel

c) They do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking as referred to in clause 8 below so that we can advise.

d) Due to the nature of our tours we have a duty of care to ensure each person attending a tour is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions. Proof of id will be required upon booking.

 

A booking is accepted and becomes definite only from the date when the Company sends a confirmation notice to the client who makes the booking. It is at this point that a contract between the Company and the client comes into existence. For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease brochure prices and apply surcharges as a result of changes in suppliers and or services or currency exchange where the total amount of increase is greater than 2% of the original tour price.

 

We will occasionally communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post as certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment. All e-mails should be sent to info@europabiketours.com.

 

The balance of all monies due, including any surcharges applicable at that time, must be received by the Company not later than 30 days before the start of your tour for UK tours and not later than 60 days before the start of your tour for European Tours. You will be advised at the time of receiving your booking confirmation when full payment of your tour is due, In the case of non-payment of the balance by the due date, the Company reserves the right to treat your booking as cancelled and cancellation charges will apply. You can pay the deposit and full amount by personal cheque, Building Society Cheque, Bankers Draft or Postal Orders.

 

a) An administration fee of £35 other than the change of motorcycle details will be charged plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers if a confirmed booking is changed up to 30 days prior to departure.

b) If a client is unable to travel, in circumstances which the Company considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person (introduced by you). However the tour arrangements must remain the same as originally booked. If a transfer can be made, an administration charge of £35 per person transferring his/her place provided the company is advised no later than 30 days before the departure date. Your balance together with any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be received.

 

Should the client wish to cancel, cancellation charges will be imposed. These are applied from the day written notification is received by the Company, Including surcharges but excluding any amendment charges and insurance premiums. The cancellation charges shown below are those which will you will be advised at the time of booking if this is the case for your tour.All cancellations must be in writing and the following terms apply:

 

UK Tours

• Up to 60 days before departure for (UK tours): Full refund, less £35 per Person

• Between 60 and 30 days before departure for UK tours: Loss of Deposit

• Between 29 and 15 days before departure (UK): 50% of Tour cost

• Less than 15 days before departure (UK): Full cost of Tour

 

European Tours:-

• Up to 90 days before departure for (European tours): Full refund less £50 per person

• Between 90 and 60 days for European tours: Loss of deposit

• Between 59 and 30 days before departure (European) 50% of Tour cost

• Less than 30 days before departure (European): Full cost of Tour

 

Amendment charges and insurance premiums are not refundable in the event of cancellation. It is strongly recommended that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking.

 

Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas required for the whole of their tour. Clients should advise Europa Bike tours if they hold a non UK passport as you may be prevented from travel without the correct visas and documentation. Information about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry into any country due to failure on your part to carry all required documentation and as such you will remain fully liable for full payment of the tour cost subject to your rights of cancellation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. If any tour requires travel outside of the EC you will be advised of visa requirements

 

Travel Insurance is mandatory for all clients whilst on a European tour organised by the Company and evidence will be required prior to departure. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. Clients not taking out the Company's specially arranged travel/cancellation insurance are responsible for ensuring that they have alternative Breakdown and personal travel insurance with protection for the full duration of the tour in respect of medical expenses, injury, death, repatriation for you and your pillion, Breakdown insurance, and cancellation , with adequate and appropriate cover. Clients making their own arrangements should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their tour. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be.

 

Clients agree to accept the authority and decisions of the Company’s employees, tour guides and agents whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, a hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or well being of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services.

 

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

 

If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.

 

The client also has a responsibility to ensure they:

A) Hold valid certificate of insurance covering machine, rider and pillion

B) Be a competent rider with a machine that is road legal, mechanically sound and suitable for touring

C) Have the ability to get yourself, bike and passenger home in the event of breakdown accident or emergency

For European tours the client has the responsibility to ensure:

D) They hold a valid passport – See clause 6

E) European health insurance card EHIC which can be obtained online www.dh.govuk/travellers or tel 0845 6062030 or from any main post office. Please Note: the E111 form is no longer valid

F) European insurance for your bike – Must include repatriation See clause 7

G) Personal Travel Insurance for you and your pillion – Must include medical and any possible repatriation in the event of illness or accident, we would also advise cancellation insurance

 

While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on our the website at any time before or after your booking is confirmed.

 

Most changes are minor. Rarely do we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. A significant change is a change made before departure which we can reasonably expect to have a major effect on your tour.

 

If in the event of a significant change you may decide to do the following:-

 

• Continue with the tour as amended

• Accept an Alternative tour which we may offer to you

• Cancel your booking with a full refund

 

Period of departure in which a significant change is notified to you the following compensation will apply per person:

 

More than 42 days: Nil

41-28 days: £10

27-14 days: £20

07-00 days-date of travel: £30

 

We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour.

 

The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 8 weeks before the start of the tour except for force majeure or where a client’s failure to make all payments (including the final balance and any surcharge) when due. Please note, our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you of cancellation for this reason not less than 8 weeks before the start of your tour.

 

If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing an alternative tour available from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us excluding Annual Insurance premiums if applicable. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your tour.

 

In addition, we will as a minimum, where compensation is due, pay you the compensation set out in the table in clause 9 above depending on the circumstances and when the cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (such circumstances are likely to include those listed in clause 11 “Force Majeure”) or (2) we have to cancel because the minimum number of participants necessary for us to operate your tour has not been reached. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).

 

Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of "force majeure". In these conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.

 

Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in Motorcycle travel and that they undertake any of our advertised tours at their own volition.

 

(1) We promise to make sure that the tour arrangements we have agreed to make, as applicable, as part of our contract with you are, performed or provided with reasonable skill and care. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

 

(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description

 

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities attended during your holiday do not form part of our contract In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

 

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.

 

(5) We shall at all times provide you with a return ticket to the departure destination, either by ferry or train included in the price of your tour, unless where the client otherwise states on the booking form. If a client chooses to make arrangements for their own cross channel transportation they will at all times be responsible for their departure and return to the UK. The company will not deduct any amount from the cost of the tour over and above the existing rates in agreement between the Company and cross channel carriers: for example ferry or channel tunnel.

 

We and our tour leaders may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way.

 

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.

 

In accordance with the Package Travel, Package Holiday, and Package Tour regulations 1992 and EC directive 90/314/EC all monies paid to us will be kept in trust until such times as your tour is completed.

 

Should the client have a complaint about any of their tour arrangements, the client must tell both the relevant supplier and the Company’s representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on tour they should notify the Company in writing within 28 days of their return from tour to the following address:

 

Europa Motorcycle Tours Limited

69 Mona Road

 

Telephone: 01744 778424

Email: info@europabiketours.com