General Terms and Conditions of Twincruiser Tours – January 1, 2017
Note: Twincruiser Tours is called hereinafter as TWCT
With your registration (either in person, in writing, via e-Mail, via our website, on line or by telephone), you are entering into a binding travel contract, which contains and includes, both for you as a participant as well as for TWCT as tour operator rights and obligations.
2. Scope and contractual performances and services
The scope of the contractual performances and services is specified in our confirmation. Any commitments and/or agreements, which change the scope of the contractual performances and services, require a written confirmation from TWCT. Any verbal alterations are nil and void unless confirmed in writing and signed by TWCT.
The tours are conducted in all weathers. We reserve the rights to propose a replacement program should the weather prevent a route on a particular day or several days. If any additional costs arise, then these are not included in the original tour price and will be charged to you accordingly.
TWCT acts as a pure mediator (booking agent) for third party service providers such as but not limited to the motorcycle rentals, motorcycle transport (land-, air- and sea freight), the personal flights and other service provider companies. The respective general terms and conditions of these service providers shall apply.
3. Participant and conditions
The participation on a TWCT tour is open to any participant that owes or rents a motorcycle, that joins us as pillion passenger or as a participant in our escort vehicle and that has reached the minimum age of 21 years. (please inquire for younger riders as these regulations depends on the local laws)
It is the solely responsibility of each participant to determine whether his skills, his know-how, his abilities including from a physical (medical) point of view and experiences are sufficient to meet the planed tour. Read carefully and take notice of our information’s on riding skills, total length of tour, km per day and riding hours per day of each specified route.
Neither TWCT nor any of its representatives meet an obligation, to check, examine or determine the skills, health, fitness, know-how, abilities and experiences of the participant.
The participant is solely responsible for his motorcycle. The motorcycle must be in perfect technical condition and comply with all legal requirements needed in the country / countries that the tour goes through.
Neither TWCT nor its representatives are required or obliged nor have they the abilities to check, control or examine the fulfilment of these essential conditions and they cannot be held and / or made responsible in any way.
No motorcycle insurance will be provided by TWCT for participants who join our tours with their own motorcycles.
Appropriate and protective motorcycle clothing and apparel including a safety vest and a suitable rain protection for the chosen tour is expected.
We draw your attention that weather in the mountains, passes and the Alps can change suddenly. In Africa, temperature differences between day and night can easily be between 20-30 degrees Celsius.
The wearing of a certified and approved by law helmet is mandatory. On request, we rent at a small charge motorcycle clothing (gloves, trousers, jackets and helmets).
4. Booking, planning and confirmation
Bookings can be done via our website or any other way as described under 1. Registration / Booking. Upon receipt of your tour booking and registration for the appropriate tour, your participation is planned and confirmed with our trip deposit invoice. This invoice has to be paid immediately after receipt.
Only after receipt of your deposit, your place will be secured. This deposit is required to establish and hold your reservation and to pay various expenses and deposits.
With your booking and registration with TWCT but at the latest with your trip-deposit, you confirm that you have read, that you understand and accept our General Terms and Conditions.
Before the start of the trip, TWCT requires you to sign our Release and Waiver form. This document will be provided by TWCT at the start of the journey.
5. Travel, riding and health documents
Each participant is responsible for his valid travel documents and their validity such as driver license (national and/or international), vehicle documents, green card (where applicable), personal identification card (ID), passport, as well as the visa’s for the country travelled or transited.
The application and supply of the visas can take several weeks. Therefore, we ask you to procure these documents as soon as possible respectively to control the validity /expiration date. We gladly help you. The processing costs for these services and visa fees are charged in addition to your tour price.
Either in our tour confirmation or in any another way, you will be informed by TWCT which vaccinations are advisable or necessary or where to find the necessary information. The participant is solely responsible for these vaccinations.
Participants are solely responsible for complying with these named regulations and all consequences resulting from non-compliance.
Against the instructions of the Tour-guides and/or against traffic legislation
TWCT cannot be held responsible for any misconduct, wrong doing or inappropriate behaviour of the participants, other participants in the group and/or other road users. Each participant drives on his own and in the context of the respective regulations and laws of the country, through which the route/tour leads. (In South Africa, Ireland and the UK e.g. is left-hand traffic). Ignorance of traffic laws does not prevent punishment. The person causing the accident is solely responsible, neither TWCT nor its representatives can be held responsible is any way for any accidents. Traffic violations will be charged to the respective driver of the vehicle. Neither TWCT nor its representatives can be held responsible in any way. In the event of a major violation or if the participant does not practice safe group travel as described and or instructed by the tour leader and by guidelines provided by TWCT, traffic regulations or any other rules from the authorities, TWCT may withdraw immediately from the travel contract. The participant will have to leave the tour immediately and no refund of the tour-price will be considered. We reserve the right to charge the participant additional costs.
7. Alcohol, drugs and medication
The 0, 0% BAC (Blood Alcohol Concentration) applies while on the road. TWCT will not tolerate any alcohol consumption, before and while driving. Participants agree to drink moderately and to refrain from any alcoholic beverages 8 hours before using the motorcycles until arrival at the accommodation where the motorcycle is parked for the night.
While on the motorcycle, it is not allowed to take any medication and or drugs that may affect in any way your ability to ride your motorcycle safely.
With your booking or registration, you recognize the dangers in motorcycling sport, motorcycle tours and travelling. Each participant takes part in the tour at his own risk.
Even well-qualified tour-guides are not error-free. Each participant declares expressly and irrevocably that he shall not held TWCT nor its representatives liable in any way for any occurrence in connection with the operation or participation in the tour which might result in his injury, his death, any illness or damages to his property, his family, his partner, his legal successors, his heirs and/or his assigns.
TWCT cannot be held liable for weather and for subjective success which the participant evaluates as such (e.g. wild animals not seen, group composition, road conditions, route choice, accommodations and restaurants choice, itinerary and other,…)
Any claims towards TWCT for these or similar cases are excluded.
TWCT is not liable for any reduction in benefits that are due to act of God, failure from service providers, war, strikes, terrorist activities or negligence of a participant.
Waiting periods on the tour, due to weather conditions, unavoidable transport (ferry, boat or flight) problem for example delays, customs and excise matters, any congestions, breakdowns or absolutely necessary repairs on the motorcycles, cannot lead to any claims towards TWCT or the tour-guide. Should a participant not be able to continue the tour, because of his own defective motorcycle and a replacement of his motorcycle is not possible or unsuccessful, then he shall not be entitled to any refund of the tour price paid. A replacement motorcycle is not included in the tour price except for the rented motorcycles.
We are not responsible for any loss or damage to your property including your motorcycle irrespective of how any damage may have been caused.
9. Rate, price and booking fees
The rate of the tour stated as Price per rider, starting: is the lowest price including the mentioned services with the minimum number of participants in CHF (Swiss Francs) as described in each tour description. That price is correct at the time of the website going live. All details and prices are subject to our written confirmation at the time of booking. Contact us for rates for smaller groups.
Prices for joining pillion-passengers are lower as they do not include the costs related to the motorcycle such as rental, fuel, tolls, transport (ferry, one way cost, train, etc…), garage, etc. The prices of the pillion passenger will be confirmed separately.
Unless otherwise stated on our homepage or confirmed in writing, the price is per one rider sharing a double room (2 persons per double room) including the services mentioned in the tour description and includes local VAT. Single occupancy room rates are available on request.
Transfer fees and levies (bank, post office, etc…) shall be borne by the participant.
Booking fees are applied according to our current competitive rates.
All prices are calculated based on currency exchange rates, fuel costs, rental costs, transportation costs, other costs and tariffs in effect at the time of planning, printing or publishing the website.
TWCT reserves the right to adjust or review the tour price should there be changes in the exchange rates, fuel, governmental issues or any other reason.
TWCT will communicate any confirmed price differences due the above mentioned reasons by latest 61 days before the tour departure date.
The participant has the right to withdraw from the travel contract at no extra costs* within five days, should the total tour price exceed ten percent of our confirmed price. Please note that for some specific documents issued in the names of the participant (e.g. flight tickets already issued, rentals,) a transfer or a cancellation is not possible!
* Some exception do apply see 12. Withdrawal or alterations by the Tour Operator and 13. Withdrawal or alterations on the part of the participant.
10. Terms of payment
With your registration or booking, the participant will received an invoice for the deposit (pre-payment) over a minimum of 40% of the total tour price. The payment for this invoice is due immediately. The remainder of the invoice amount is due 61 days before the start of the tour.
For a private and or a personalised tour, the deposit requirements are higher. The other procedures remain the same as for our other tour categories.
On last minute registration (not always possible), i.e. less than 31 days prior departure, the entire invoice amount is payable immediately. For one-day tours, the payment is due at the registration of the tour.
Only participants that have fully paid the total amount due before the start of the tour are taken on the tour.
11. Delivery of the travel documents
All Travel documents (like for example, info package, itinerary, program, etc..) as mentioned in our confirmation / invoice will be sent to the participant at the latest two weeks before the departure date of the tour and after receipt of your full payment in our account.
These documents will be sent via mail or at the request of the participant by post.
Flight tickets will only be booked and purchased after receipt of the full payment of our invoice. Please note that prices may change within a very short time and without notice, therefore we advise you to pay our invoice immediately.
12. Loss of travel documents
Unfortunately, we cannot accept liability for loss of travel documents. We recommend each participant to copy all his travel documents and to store them at separate places. For example one set with your personal documents and cash and one set in your suitcase or travel bag.
Participants are not insured by TWCT.
The participant is liable for his own insurances. For example but not limited to travel-, accident-, illness / medical expenses, emergency medical evacuation, legal expenses-, personal assistance-, luggage-, travel costs, travel cancellation costs, motorcycle and property damage insurance and others…
TWCT strongly advises you to check your current insurances.
Alternatively as soon as you have received TWCT’s confirmation to obtain the following for the duration of the tour in the countries you will be travelling:
- Comprehensive trip cancellation insurance
- An adequate travel insurance that also covers suitable travel emergency medical evacuation coverage
- Theft insurance
- Health insurance
- Accident insurance
Depending on your nationality and kind of coverage, TWCT can also, at a cost, do this for you.
Please note that many countries have a requirement for foreign visitors to have a valid medical insurance on entry. TWCT cannot be held responsible if a passenger is denied entry into that country for being unable to provide details to the authorities of such insurance.
14. Withdrawal and / or alterations by the Tour Operator
TWCT reserves the right to change, adapt or cancel at short notice the tour or part of it for any general weather conditions, local weather and/or for safety reasons. Our tours require a minimum number of participants-rider as mentioned in the tour description. TWCT may withdraw 10 (ten) days after the date Book by mentioned on the tour description from the travel contract should that minimum number not be reached. TWCT will in such a case inform the participant (by telephone, sms and e-mail or in writing). TWCT may still offer the tour to the already registered participants at an appropriate supplement. Should all participants agree to the extra charge, then the tour will be reconfirmed and conducted as agreed. If not, TWCT shall fully refund the paid amount to each participant and the tour will be cancelled.
TWCT may cancel a tour at short notice for reasons like riots, war, terrorists act, act of God, natural disaster (e.g. volcano eruptions), unrest, strikes and any other circumstances that TWCT may consider as life endangering.
In case of injury or illness of the tour-guide either before or during a tour, TWCT may cancel or stop the tour should they not be able to find a reasonable replacement.
In those cases, we will refund all payments received in our account less any services and / or expenses already rendered (e.g. paid flight tickets, support vehicle rental, salaries paid in advance, motorcycle rentals, hotels, etc…). TWCT may also offer a replacement tour. Any other or further claims are excluded.
TWCT is not liable for any additional costs (such as hotels, meals, taxis, flights, etc.), should the dates or the time of the start and / or the end of a tour be moved or delayed through unforeseen circumstances or force majeure (e.g. as mentioned above).
15. Withdrawal or alterations on the part of the participant
The participant is entitled to withdraw at any time from the confirmed tour. However, the deposit (pre-payment) is still owed and will be used for incurred costs.
The following amounts will be refunded in case of a cancellation or withdrawal from the travel contract:
- From date of registration until 61 days before the start of the tour – 35 % of deposit
- From 60 days until 31 days before the start of the tour – 50% of the total tour price
- From 30 days before the commencement of the tour or when not at the start of the tour, so called No Show – 0% of total tour price
A cancellation or withdrawal from the travel contract has to be sent to TWCT in writing by registered post. The cancellation of the travel contract is considered as accepted when TWCT has confirmed it in writing by post mail or e-mail.
The here above mentioned periods refers to the date, when TWCT is in possession of the registered letter. The amount already paid into our account less any cancellation costs will be refunded. The participant is not entitled to any refunds, claims or compensations should he not appear to the agreed tour, take only limited part of the services or the tour or leave the tour at any time.
Should the participant exceptionally not be able to begin the tour, he may designate a replacement participant. A so called, transmission of the travel contract shall take place. The replacement tour participant must confirm in writing that he is taking over the existing travel contract and conditions and that he will be liable for the full price of the tour.
Replacement tour participants can be designated up to 62 days before starting date of the tour. All issued documents and travel information in the possession of the original tour participant are to be returned immediately to TWCT.
The participant may not assign or transfer his rights or the travel contract to another person without the explicit written permission of TWCT.
TWCT may invoice handling and administrations fees for travel contract alterations, any changes to the agreement and for travel contract transmission. Please note that for some specific documents issued in the names of the participant (e.g. flight tickets already issued, rentals,) a transfer is not possible!
16. Claims and complaints
Claims, objections, shortcomings or complaints which are not mentioned immediately to TWCT will not be considered at a later stage.
17. Photos, films and videos
The participant agrees to the publication and storage of pictures, films and / or videos taken during the tour even if the participant is recognisable on them. The participant does not get any compensation for this. Please inform TWCT in writing before the start of the tour should you disagree with this procedure.
18. Motorcycle rentals via TWCT
The rented motorcycles are insured with a liability and all risks insurance through the insurance company of the service provider. The participant will only loose his excess deposit in case of a claim (depending on the service provider the amount can be between CHF 1’000 -6’000.-). This amount is secured at the beginning of the rentals via the participant’s credit card or in cash.
Please contact us as soon as possible, but before the start of the tour should you wish a better or another insurance.
The minimum age for renting a motorcycle is mostly 21 years but depends on the countries law, for example South Africa is 25 years.
Only the General Terms and Conditions of the service provider (renter of the motorcycle) shall apply.
19. Mistakes or inaccuracies
We reserve the right to correct any mistakes, inputs, omissions, interruptions, errors and to change and update information at any time without prior notice.
20. General remarks
Any gender includes the other genders.
A natural person includes a juristic person and vice versa.
The singular includes the plural and vice versa.
The terms Twincruiser Tours, TWCT or tour operator or operator or us or we or our, refer to the owner of the website.
The terms you or participant, refer to the user or the viewer of our website.
The term tour is the tour, you have chosen from the website and /or on our brochure.
The terms, Twincruiser Tours, TWCT, operator, us or we includes the owner of the website, his staff and the tour-guides.
If any provision of these General Terms and Conditions of TWCT is declared, for any reason, illegal, invalid or unenforceable, in whole or in part, under any applicable ratification or rule of law, such illegality, invalidity or unenforceability shall not affect the validity of the entire General Terms and Conditions of TWCT or any other provision thereof.
Only Swiss Laws shall apply for any dispute or claim, no matter which nationality the participant possesses and where the damage took place.
Area of jurisdiction is Bern – Switzerland
23. Operator and organizer