General Terms & Conditions of Trade
1. Tour services, booking request:
The scope of the contractual services of the motorbike and enduro tours is described on the relevant pages of this catalogue. Hermann Motorbike Tours (Hermann-Motorrad-Reisen) has no duty to render any additional services. With the written booking request, the tour participant makes a binding proposal to Hermann Motorbike Tours to enter into a travel contract. The travel contract is concluded with the written confirmation of the booking request by Hermann Motorbike Tours. If the content of the confirmation differs from the content of the booking request, this means that a new proposal has been made by Hermann Motorbike Tours to which the tour operator is bound for a period of 10 (ten) days. The contract shall be concluded on the basis of this new proposal if the participant indicates his or her acceptance to Hermann Motorbike Tours within the above period.
Without payment of the full tour price, the tour participant is not entitled to the performance of the tour services by Hermann Motorbike Tours. After the tour contract has been concluded, the participant shall receive a booking confirmation and a risk coverage certificate ("Sicherungsschein") in terms of section 651 k par. 3 of the German Civil Code. By receiving the booking confirmation and a risk coverage certificate, the deposit indicated in the booking confirmation shall become due. The remaining tour price must be paid no later than 28 (twenty eight) days prior to the start of the tour, provided the tour takes place. For bookings that are made less than 28 days prior to the start of the tour, the entire tour price is due upon receiving the booking confirmation and risk coverage certificate. The travel documentation is sent or handed over once the payment has been received. If the payment is only received shortly before the start of the tour, the customer shall carry the additional cost for dispatching the travel documentation via express delivery, provided the customer is responsible for the delayed payment receipt. The tour price and the included services are listed in the individual tour descriptions.
3. Minimum number of participants:
Herman Motorbike Tours reserves the right to cancel a tour if the number of participants is too low. The minimum number of participants is 6 (six) people. If this minimum number of participants is not reached, the participant shall be notified by no later than 35 (thirty five) days before the contractually agreed tour date that the number of participants has not been reached and the tour will not take place. If a tour is cancelled by Herman Motorbike Tours, any payments already made shall be promptly refunded to the tour participant.
4. Change of described event procedures, price increases:
Any changes or deviations from dates, individual tour services or from the agreed content of the travel contract that have not been induced in bad faith shall only be allowed to the extent that the changes or deviations are not substantial and do not impair the overall character of the booked tour. Any right to warranty claims shall remain unaffected if the changed services are flawed with defects.
Herman Motorbike Tours is entitled to increase the tour price if – for a reason that is unforeseeable by Herman Motorbike Tours and after conclusion of the contract – the price elements listed below increase or are recalculated due to circumstances for which Herman Motorbike Tours is not responsible: foreign exchange rates for the relevant tour; carrier rates and prices; fees by government agencies; taxes or other levies imposed by government agencies including airport and security fees. However, such price increase is only permissible if there is a period of more than 4 (four) months between the conclusion of the contract and the start of the tour. If this is the case, the customer shall be notified immediately, however, no later than 3 (three) months before the start of the tour. Any price increases after that are not permissible. In the event of a price increase of more than 5% (five percent) of the tour price, the customer is entitled to withdraw from the tour free of charge within 10 (ten) days. The tour participant may demand to participate in an equivalent tour if Herman Motorbike Tours is able to offer such a tour from their portfolio without surcharge. The tour participant must assert such rights with Herman Motorbike Tours immediately after notification about the price increase or change of the tour by Herman Motorbike Tours.
5. Withdrawal, substitute persons, no show and non-utilisation of services:
The tour participant may withdraw from the tour at any time before the start of the tour. The tour participant is also entitled up to the start of the tour to request that a third party should participate in the tour in his or her place. Herman Motorbike Tours may object to a third party participating if this person does not meet the special tour requirements or his or her participation would go against statutory regulations (also of the destination country) or official orders. If any third party enters into the contract, both the tour participant and the third party shall be liable towards Herman Motorbike Tours as a joint and several debtor for the tour price and any arising additional costs. All terms and periods shall be calculated based on the date when the withdrawal notice is received by Herman Motorbike Tours, also if the withdrawal notice has been given via telephone; for reasons of having proof we recommend that such notice should be given by the participant in writing. If the tour participant withdraws from the tour contract or fails to start the tour (no show), the tour operator may demand a reasonable compensation from the participant for the travel arrangements made and expenses incurred. When calculating such compensation, any typically saved expenses and other uses of the tour services shall be taken into account. The lump sum withdrawal rate that Herman Motorbike Tours is entitled to claim from the tour participants in the event of withdrawal from the tour is calculated as follows:
- up to 42 days prior to start of the tour: 25% of the tour price
- up to 21 days prior to start of the tour: 40% of the tour price
- up to 14 days prior to start of the tour: 60% of the tour price
- up to 7 days prior to start of the tour: 80% of the tour price
- up to 6 days prior to start of the tour: 90% of the tour price
The amounts indicated above are lump sum compensations. The tour participant is free to prove that a damage and/or reduction in value has not occurred at all or is substantially lower than the lump sum rate. If the tour operator proves that the remaining remuneration claim would have been higher than the applicable lump sum rate after deduction of any saved expenses, then the tour operator may demand this remuneration.
If a tour participant does not use any tour services in part or in whole, he or she is not entitled to have the equivalent value reimbursed. It is recommended to take out a cancellation insurance.
If the tour participant requests to change his booking after the above periods have lapsed, this can only be granted (to the extent that it is at all possible) after withdrawing from the tour contract and submitting a new booking request.
6. Delay, exceptional circumstances:
If the tour is made substantially more difficult, put at risk or hindered due to force majeure that could not have been foreseen at the conclusion of the contract, both Herman Motorbike Tours and the tour participant may cancel the tour contract. If the contract is cancelled, Herman Motorbike Tours may demand a reasonable compensation for the services performed or still to be performed for the completion of the tour. In such cases Herman Motorbike Tours is obliged to take the necessary action to transport the tour participant back, in particular if the contract includes the transport. Any additional costs incurred for the return transport are to be borne equally by both parties. Beyond this, any additional costs shall be borne by the tour participant.
7. Documents, passport, foreign exchange, customs and health regulations:
Herman Motorbike Tours informs the tour participant about the requirements of passport, visa, customs and health regulations of his destination country. The tour participant is obliged to disclose any particular facts about his person and people travelling with him that are of importance in connection with those regulations. Each tour participant is responsible himself for complying with the relevant regulations in the visited countries. Any disadvantages arising from non-compliance with these regulations shall be borne by the tour participant, except if they are resulting from a culpable misinformation or non-information by Herman Motorbike Tours.
8. Warranty, obligation to cooperate – demand for remedy:
Without prejudice to any reduction or cancellation, the tour participant may demand damages for non-performance, unless the defect of the tour is due to a condition that is not within the responsibility of Herman Motorbike Tours. In the event of any defaults, the tour participant must make all reasonable efforts to contribute to remedying the default or to keep damages to a minimum. Any complaints must be immediately reported to the responsible tour guide. If a tour guide is not available, complaints must be directly raised with Herman Motorbike Tours. Prior to any cancellation (section 651e of the German Civil Code), Herman Motorbike Tours must be given a reasonable deadline for remedy, unless a remedy is impossible or refused by Herman Motorbike Tours or if the immediate cancellation of the contract is justified by a particular interest of the customer. The customer shall assert any claims for reduction and damages in accordance with section 651g I of the German Civil Code with Herman Motorbike Tours within one month from the contractually defined completion of the tour. After this period, the tour participant can only assert claims if he has been prevented from complying with this period without his fault.
In accordance with section 651g II of the German Civil Code, the claims shall lapse after one year. The limitation of claim starts from the date on which the tour was supposed to end according to the contract. If the customer has asserted claims, the limitation of claim shall be suspended up to the date that Herman Motorbike Tours refutes the claims in writing.
9. Participant's assurance:
The participant assures to be in possession of a valid driving license. He participates in the tour using his own motorbike, which must be licensed for public road traffic and be in a roadworthy condition. The rules of the national road traffic regulations (or the road traffic regulations of the relevant destination countries) and the statutory regulations for third party liability and vehicle insurance apply. There is no additional insurance taken out by Herman Motorbike Tours. The participant assures to comply with the traffic rules applicable in the destination countries and only take part in the tour wearing proper motorbike protective gear (helmet, outer clothing, gloves, boots).
10. Observation of instructions:
If a participant fails to comply with the safety regulations or if the other participants or the proper execution of the tour are put at risk, injured or suffer damages, the representatives of Herman Motorbike Tours have the right to exclude the participant from any further participation in the tour without reimbursement of his participation fee and arising costs.
11. Tour guide:
The tour guides are not entitled to make legally binding statements on behalf of Herman Motorbike Tours. They are also not allowed to hand over any vehicles or equipment to the participants that are owned by or entrusted to Herman Motorbike Tours.
The participant assumes the civil and criminal liability for any damages caused by him (e.g. personal, material and consequential damages) and shall take out sufficient insurance cover. The signatory shall hold Herman Motorbike Tours and its employees harmless from and against any claims by third parties that may be asserted in connection with any damage event caused by him or to which he contributed. The liability due to wilful damage and gross negligence by Herman Motorbike Tours remains unaffected.
Where Herman Motorbike Tours uses the services of agents or other third parties, Herman Motorbike Tours shall only be liable for a careful selection and customary supervision. In particular, Herman Motorbike Tours shall not be held liable for damages that are caused by improper road conditions. The liability towards the tour participant for damages from contractual claims from the tour contract is limited to three times the tour price, except for bodily injuries, provided
a) a damage suffered by the tour participant has not been caused wilfully or in gross negligence, or
b) Herman Motorbike Tours is responsible for any damage suffered by the tour participant only if caused by a service provider.
Herman Motorbike Tours shall not be held liable for defaults in connection with services that are merely recommended or organised as an intermediary (flights, ferries, events, exhibition visits, other sightseeing visits etc.) and that are indicated as third party services in the itinerary. Any claim for damages towards Herman Motorbike Tours is limited or excluded to the extent that due to international agreements or statutory regulations based on such agreements that apply to the services to be rendered by a service provider, any claim for damages against the service provider can only be asserted subject to certain conditions or limitations or is excluded under certain conditions. Where Herman Motorbike Tours acts a contractual air carrier, the liability is subject to the provisions of the Air Traffic Act in combination with the international Warsaw Convention, The Hague Protocol, the Guadalajara Convention and the Montreal Agreement. The Warsaw Convention usually limits the liability of the air carrier for death and injury as well as for loss or damage of luggage. To the extent that Herman Motorbike Tours is a service provider in other cases, Herman Motorbike Tours shall be liable according to the provision applicable for such cases.
13. Cancellation insurance / motorbike travel assistance plan
We recommend to take out a cancellation insurance and vehicle travel assistance plan and will gladly assist you with advice in this regard.
14. Place of jurisdiction:
If the participant is a businessman, our place of business shall be place of jurisdiction. The same shall apply if the participant changes his domicile or normal place of residence after conclusion of the contract to a country outside the jurisdiction of the Federal Republic of Germany or if his domicile or normal place of residence is unknown at the time that legal proceedings are initiated.
15. Tour operator:
Herman Motorbike Tours (Hermann-Motorrad-Reisen)
D-86666 Burgheim (Germany)