Terms and Conditions
1. TOUR (AND RENTAL) AGREEMENT:
The tour (and rental) agreement only becomes effective upon written confirmation of participation from XPOWER Adventures GmbH, Robert-Preussler-Strasse 13, A-5020 Salzburg, Austria, hereinafter referred to as "the organiser", and is deemed to be binding for the contractual parties.
2. SCOPE OF SERVICES:
(1) The scope of services is derived exclusively from the tour description that is valid at the time of booking (to be found in the brochure and on the website). All services that are not specifically listed as included are not included in the tour price.
(2) The organiser reserves the right to modify the tour, in particular the tour route and the accommodation, provided that this is necessary on important grounds. The organiser shall thereby endeavour to maintain the tour’s characteristics and to provide equivalent services.
3. REQUIREMENTS FOR THE PARTICIPANT:
(1) Participation on the trips and tours is possible with vehicle models of all brands that meet the demands of the respective trip or tour!
(2) Only persons in possession of a valid driving license at the time of the tour are allowed to participate (if applicable.
(3) The participant is obliged to wear protective riding gear that is appropriate for the demands of the tour. The wearing of helmets is mandatory, without exception (motorbike and bicycle tours).
(4) If the participant takes part in the tour with his or her own vehicle, then the participant bears the sole responsibility for ensuring that the vehicle is in perfect technical condition and in compliance with all regulations and requirements stipulated by law and by the organiser (e.g. off-road tires). The organiser and the tour guide are under no obligation to verify the participant’s compliance with these requirements.
(5) It is the sole responsibility of the participant to determine whether his or her individual competence and abilities are sufficient to cope with the specified route (see riding ability level on the inside front cover).
The organiser and the tour guide are under no obligation to determine and verify the participant’s competence and abilities.
4. BOOKING OF VEHICLES (MOTORCYCLE AND BICYCLE):
(1) It is possible to book motorcycles on some of the tours. The booking of the motorcycle must take place at the time of the tour booking. The booked motorcycle may only be used for participation in the booked tour and during the guided tour.
(2) The booked period shall not be interrupted by unavailability of the vehicle caused by the participant or which is due to the incompetence of the participant.
(3) The participant has to cover all damages up to 500 EUR (deductible). On some of the tours an option to reduce the deductible of up to 500 EUR to 0 EUR is offered.
(4) Damages caused by the participant intentionally or gross negligence have in any case to be covered unlimited.
(5) For motorcycles which are booked for the participation in competitions the participant has to cover in any case all damages unlimited.
5. PASSPORT, CUSTOMS, VISA AND IMMUNISATION REGULATIONS:
Some tours lead into countries which have special passport, customs, visa and immunisation regulations. The participant has to take care by himself to obtain all info, the organizer is not obliged to provide this info.
The participant is solely responsible for complying with these regulations, in particular for obtaining any necessary visas or immunisations.
6. INFRINGEMENTS OF TRAFFIC REGULATIONS OR THE TOUR GUIDE’S INSTRUCTIONS:
If the participant’s actions constitute a gross infringement of the tour guide’s instructions or of traffic regulations, the organiser can withdraw from the contract and take possession of the booked motorcycle or bicycle. In such case, there will be absolutely no reimbursement of the tour or vehicle price.
(1) The participant takes part in the tour at his or her own risk.
For damage that the participant sustains during the course of the tour, the liability of XPOWER Adventures GmbH and their respective agents is limited to a total sum of three times the price of the tour and motorcycle rental, provided that the participant’s damage was not caused either intentionally or through gross negligence on the part of XPOWER Adventures GmbH and their respective agents, or if the organiser is responsible for damage sustained by the participant solely through the fault of one of the service providers. The limitation of liability shall not apply in the case of personal injury to the participant.
(2) Before entering into the tour, the participant shall sign a personal declaration for the limitation of liability.
When registering online via the website application, this limitation of liability is accepted automatically and need not be accepted again separately. If the registration form is sent by fax or e-mail, the signed declaration of limited liability must be received by the organiser at the same time. This declaration is sent to the participant at the same time as the registration form.
The participants are hereby made aware that the organisers are obliged to prevent the participant from participating on the tour if he or she has not accepted and/or signed the liability waiver.
(3) The liability of XPOWER Adventures GmbH or the tour guide is excluded for material damage and personal injury caused by the participant, provided that no corresponding personal liability insurance cover exists. In any case, the liability is limited to the scope of the insurance cover of the liability insurance in the event of actual damage. In such case, the participant shall indemnify and hold harmless XPOWER Adventures GmbH and the tour guide.
(4) Participants are strongly advised to take out the appropriate type of insurance, such as cancellation and repatriation insurance.
(1) Tour bookings can only be made via credit card payment. Depending on the time of your booking you may be offered one of the following payment options:
(1a) payment of the total amount
(1b) payment of 40% at booking and 60% on 15 of the month previous to the month in which the tour starts or
(1c) payment in installments with a deposit of 200 EUR and monthly installments on the 15th of each month.
The partial amounts/installments are automatically debited to the credit card you use for the booking. Payment in installments is free of interest.
(2) Any bank charges incurred at payment of invoices by bank transfer are borne by the participant.
9. WITHDRAWAL FROM AND TRANSFER OF THE AGREEMENT:
(1) The person making the booking is entitled to withdraw from the agreement at any time.
If the person making the booking withdraws, the following cancellation fees will be charged instead of the tour price:
- 40% of the tour and rental price in the case of withdrawal between registration and eight weeks before tour commencement,
- 60% of the tour and rental price in the case of withdrawal between eight and four weeks before tour commencement,
- 85% of the tour and rental price in the case of withdrawal within four weeks of tour commencement,
- 100% of the tour and rental price in the case of non-notified failure to participate.
Notification of withdrawal shall be made by means of registered mail, fax or e-mail. This will then be confirmed in writing by the organiser by post, fax or e-mail, and the withdrawal will only be deemed to have been accepted from that point in time.
The deadlines specified above refer to receipt of the withdrawal notification by the organiser. The organiser is entitled to offset the cancellation fee against the participation fees already paid. Otherwise, participation fees already paid shall be reimbursed in full. Participants may not be reimbursed for any services not taken advantage of locally. The participant is strongly advised to take out travel cancellation insurance.
(2) The participant may transfer the contractual relationship to another person, as long as this person full fills all the prerequisites for participation and the organiser is notified of the transfer within an appropriate period before the tour departs. The transferor and the new participant are jointly and severally liable for the unpaid fees as well as for any additional costs arising from the transfer. No transfer is possible in the case of airline tickets that have already been issued!
Specific conditions apply to various services, such as ticket bookings.
10. TOUR CANCELLATION:
(1) The organiser reserves the right to postpone or completely cancel the tour at any time on important grounds. Furthermore, the organiser is entitled to cancel the tour up to one week before tour commencement if the minimum number of participants has not been reached. In such case, the participant will be notified promptly in writing, by letter, e-mail or telephone.
(2) In the event of postponement or cancellation of a tour, the participant has the right to choose between reimbursement of the participation price or participation on another of the organiser’s tours of equal value, provided that this is possible for the organiser.
(3) External services that are not directly connected to a booking made with XPOWER Adventures GmbH cannot be reimbursed.
The inefficacy of individual terms of these travel and rental terms and conditions shall not result in the inefficacy of the remaining provisions or of the tour (and rental) agreement.
12. DATA STORAGE AND USE
Personal data which comes to us in the context of a business relationship is used for the purpose of completing the business transaction and possibly also for promotional purposes; you explicitly consent to this. You can withdraw this consent at any time. You will receive a Newsletter which you can unsubscribe from at any time, either online or by sending us a short message.
13. APPLICABLE LAW
Austrian law is applicable, unless contested by other compelling legal provisions.
Place of jurisdiction: Salzburg, Austria.
Version: November 17, 2016