Please read the following important terms and conditions before you book your motorbike tour with us and check that they contain everything which you want and nothing that you are not willing to agree to.
This contract sets out:
- your legal rights and responsibilities
- our legal rights and responsibilities, and
- certain key information required by law
In this contract:
- We’, ‘us’ or ‘our’ means Solent Motorbike Tours Limited;
- ‘You’ or ‘your’ means the person buying services from us;
- ‘Deposit’ means the deposit paid of £100 per person to secure a place on one of our tours;
- ‘Force Majeure” means an event or sequence of events beyond a party’s reasonable control preventing or delaying performance under contract including an act of God, fire, flood, war, riots, civil unrest, terrorism, natural disaster, power failure, equipment failure, industrial disputes, political unrest, refusal into a country, mechanical failure or accident;
- ‘Reservation Booking Form’ means the booking form required to book a place on one of our tours;
- ‘Price’ means the amount payable for the tour less any Deposit paid;
- ‘Services’ means the provision of escorted motorbike tours provided by us; and
- ‘Tour’ means an escorted motorbike tour arranged and provided through us.
If you don’t understand any of this contract and want to talk to us about it, please speak with our representative or contact us by:
- e-mail: email@example.com and
- telephone: 023 8086 0743
Who are we?
We are Solent Motorbike Tours Limited, a limited company registered in England and Wales under company number: 11300883.
Our registered office is at: 11 Blackwater Mews, Totton, Southampton SO40 2GL
Our website address is: www.solentmotorbiketours.co.uk
1.1 If you buy a Tour from us you agree to be legally bound by this contract.
1.2 You also agree to be legally bound by:
1.2.1 extra terms which may add to, or replace some of, this contract. This may happen for example, for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you notice.
1.2.2 Any terms and conditions set out in the Reservation Booking Form.
1.2.3 specific terms which may apply to certain services or certain Tours. We will tell you when specific terms apply.
All of these documents form part of this contract as though set out in full here. No variation of the contract shall be binding unless agreed in writing by us and signed by an authorised signatory. Our marketing literature and other promotional material from time to time is illustrative only and does not form part of this contract.
2. Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, this information is set out in our website which you should read before you book your Tour with us or may be explained to you by one of our representatives. Some of this information is also set out in this contract, such as information on our complaint handling policy.
Information we will give you
We will give you information on:
the main characteristics of the services you want to buy
who we are, where we are based and how you can contact us
the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
the arrangements for payment, carrying out the services and the time by which we will carry out the services
how to exercise your right to cancel the contract and the costs of doing so
our complaint handling policy
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
3. Your privacy and personal information
4. Booking a Tour from us
4.1 Below, we set out how a legally binding contract between you and us is made:
4.1.1 Any estimate, draft itinery or proposal given by us before you make an order is not a binding offer by us to supply a Tour.
4.1.2 When you decide to place an order for a Tour with us you are required to complete our Reservation Booking Form and pay the Deposit, this is when you offer to buy a Tour from us.
4.1.3 When you place your order with us, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.1.4 We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
(a) we cannot carry out the Tour (this may be because, for example, we have no availability left for the Tour you have requested)
(b) we cannot authorise your payment
(c) you are not allowed to buy the Tour from us
(d) we are not allowed to sell the Tour to you
(e) there has been a mistake on the pricing or description of the Tour.
4.1.5 We will only accept your order when your Deposit and your Reservation Booking Form have been received and there is no good reason for us not to accept your order. We will email you to confirm this. At this point:
(a) a legally binding contract will be in place between you and us, and
(b) we will start to carry out the Services (e.g. we shall start to book you onto your chosen Tour).
4.2 If you are under the age of 18 you may not buy a Tour from us.
5. Carrying out our Services
5.1 We must carry out our Services by the time or within the period which you and we agree. If you and we have agreed no time or period, this will be within a reasonable time.
5.2 Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Services. Examples of events which might be beyond our reasonable control include:
5.2.1 you change the details of the Tour you have booked and this means we have to make adjustments;
5.2.2 we have to wait for suppliers such as hotels, guides and/or transport providers to confirm various details such as price and availability with us; and/or
5.2.3 Force Majeure events which prevent us from starting or completing the Tour.
5.3 Arrangements for your tour are made months, sometimes a year in advance. It is possible that changes can occur. In most cases, these changes will be minor and will not affect your Tour. However, in the event of a major change, we will advise you immediately and you may then:
5.3.1 continue with your Tour pursuant to a revised itinerary;
5.3.2 accept an alternative tour; or
5.3.3 cancel your Tour and receive a refund.
5.4 Minor changes such as slight route changes (e.g. using motorways instead of non-motorway roads) are often unavoidable due to time restraints or weather, in such cases, we will not be held responsible for these changes as the decision will be based upon the best interests of the touring party as a whole.
6. Price and payment
6.1 We will let you know the basis of calculating the Price for your Tour and any related items and any extra charges as far as we can when you book your Tour with us.
6.2 Unless otherwise agreed in writing, the Price for your Tour must be paid in full at least 60 days before departure or we reserve the right to cancel your Tour and you may lose your Deposit.
6.3 We charge for our Tours on an estimated basis. This will be based on our best guess, from our experience, on how much our Tours will cost. We may charge you a lower or higher amount than stated in the estimate. Where we charge you a higher amount, this might occur for a number of reasons, in particular, due to variations or it becomes clear the extent of the Services we will need to carry out is different from what we agreed and we could not have reasonably foreseen this.
6.4 You will receive an invoice from us detailing the Price payable for your Tour. We accept payment by direct bank transfer and cheque only. Time of payment is of the essence.
6.5 If your payment is not received by us under clause 6.4 within the stipulated time period, we reserve the right to cancel your tour with the resultant loss of your deposit and we may also charge interest on any balance outstanding at the rate of 8 percentage points a year above the base rate of the Bank of England from time to time.
6.6 The price of the Tour:
6.6.1 is in pounds sterling (£)(GBP);
6.6.2 includes any VAT at the applicable rate; and
6.6.3 does not include the following:
(i) Surcharges and Currency Fluctuations – Any increase in surcharges and/or currency fluctuations less than 3% of the Price will be absorbed by us but any increase over 3% of the Price, may be added to the Price of your Tour.
(ii) Booking a shared room – Where a booking for a shared room is made and no other booking is made to share with you, we will ask you to pay a surcharge for the use of the room on a single occupancy basis.
(iii) Meals – Main morning and evening meals are normally included within the Price of the Tour, which are typically:
– The hotel’s inclusive breakfast, usually continental style or a buffet style cooked breakfast meal or a choice of cereals;
– Where evening meals are included, this will be up to the maximum value of £30 per person. Drinks are paid for by you. You are at liberty to pay for a different or more expensive meal at your own cost.
6.7 In the event of the Price increasing you will receive an e-mail confirmation and a revised invoice detailing the additional costs. Failure to pay the revised Price will result in the same consequences as set out in clause 6.5 above.
6.8 We will not alter the Price of your Tour even though it may be advertised at a different rate elsewhere.
7.1 Due to the nature of the Services you do not have the statutory right to cancel this contract within 14 days without giving any reason.
7.2 In the event of you wanting to cancel your Tour the following terms will apply:
7.2.1 you will lose your Deposit unless your cancellation is based on serious medical grounds resulting in your inability to undertake your Tour, in which case, we shall require proof in the form of a signed confirmation letter from your General Practitioner;
7.2.2 in the event that you cancel within 30-59 days prior to departure, you will lose 50% of the Price paid including the Deposit;
7.2.3 in the event that you cancel within 0-29 days prior to departure or you fail to attend at the departure point for the Tour, you will lose the Price paid including the deposit.
7.3 To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post, fax or email).
7.4 We reserve the right to cancel your Tour. However, this would only be necessary in exceptional circumstances such as a Force Majeure event preventing us from arranging, proceeding or completing the Tour.
7.5 We also reserve the right to cancel your Tour within 30 days or less of departure if the number of participants are insufficient to make the Tour economically viable. If we cancel the tour within 30 days for this reason you will be offered one of the following options:
7.5.1 a full refund of the Price including the Deposit; or
7.5.2 a transfer of your booking to another Tour subject to availability.
7.6 In the event of cancellation we shall not be held responsible for the reimbursement, in part or in whole, of any pre-booked and paid hotels, pre-booked and paid transport or any other expenses incurred as a result of your Tour not going ahead.
7.7 You are required to take out travel insurance which should include suitable cover against potential cancellation costs.
8. End of the contract
8.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
9. Our responsibilities
9.1 We accept responsibility for arranging and supplying your Tour as agreed with you subject to this contract. We are unable to control any deficiencies in services due to local conditions, customs, maintenance, industrial dispute, religious issues, political upheaval or adverse weather.
9.2 During the Tour, we will try to ensure that the entire Tour group remains together and arrives each day at the destination hotel. We are not and cannot be responsible for the actions of others in the group and as such, we will not be held responsible for; injury, offence, accidents or death caused by another rider in the group. Similarly, we cannot be held responsible for any riders who become lost, which, is why we highly recommend you ensure you have a means of arriving at the destination hotel each day.
10. Limit on our responsibility to you
10.1 The extent of our liability under or in connection with this contract (regardless of howsoever arising) shall not exceed the sum of the Price less the Deposit and any direct expenditure such as for travel, meals and hotels.
10.2 Except for any legal responsibility that we cannot exclude in law (such as for fraud, death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
10.2.1 losses that:
(a) were not foreseeable to you and us when the contract was formed
(b) that were not caused by any breach on our part
(c) consequential, indirect or special losses
10.2.2 business losses
10.2.3 losses to non-consumers
11. Your responsibilities
11.1 By entering into this contract you agree to the following:
11.1.1 To advise us of any illness, infirmity, allergies, disabilities, health issues of any kind or dietary needs that may affect your Tour.
11.1.2 You confirm you are a competent rider with a motorbike that is road legal, mechanically-sound and of a type suitable for touring (ideally 600cc and higher).
11.1.3 You hold a valid Certificate of Insurance covering machine, rider and pillion.
11.1.4 You have informed the DVLA and your insurance provider of any medical conditions.
11.1.5 You have the ability to get yourself and/or motorbike home in the event of a breakdown, accident or emergency by having suitable breakdown, recovery and repatriation cover.
11.1.6 You will ensure that your vehicle is secure overnight or when leaving the motorcycle unattended. We accept no responsibility for the loss of belongings or vehicles. We recommend that you use security devices such as a disc lock alarm, a suitably approved chain and padlock, or GPS Vehicle Tracker. Fortunately, a majority of the places we visit are generally safe and secure but you should always remain vigilant.
11.1.7 You will have adequate travel insurance for your Tour.
11.1.8 You agree to settle any hotel costs before you depart the hotel, for example; mini bar usage, food or drink bills, parking fees, etc.
11.1.9 You will pay for any damage to your hotel room which must be reported immediately to your Tour guide.
11.1.10 If you do not settle your hotel bill for additional services, food, laundry or drink, etc or if you remove items from your hotel such as towels, robes, electrical items, etc that we will charge you £50.00 as an administration fee in addition to invoicing for the total cost payable. Failure to pay such sums within 28 days of returning from the Tour will incur a late payment charge of £30.00 and a further £1.00 per day for each day our invoice remains unpaid for a maximum of 30 days, after which time we will begin legal action to recover our losses.
12. Acknowledgment of risk, responsibility and liability
12.1 By entering into this contract you agree to the following:
12.1.1 You have provided accurate information to us about your motorcycle riding experience and ability and you confirm that you are a competent enough motorcyclist to participate in your chosen Tour.
12.1.2 You are adequately fit and physically capable to undertake the program set out in your itinerary and you have no medical conditions which would affect your participation in the Tour.
12.1.3 You are required to follow all reasonable instructions from us, our Tour leader, guides, employees or agents. You understand that if you fail to comply with these instructions, we reserve the right to suspend your involvement in the Tour and you shall not be entitled to any refund of any amounts you have paid to us for participating in the Tour or any other costs incurred by you as a result of having to leave the Tour.
12.1.4 The decision of the Tour leader is final and binding, including any decisions made by the Tour Leader to change the itinerary at short notice or suspend you or a member of your party from the Tour and you will respect and comply with any such decision.
12.1.5 You are solely responsible for your possessions. We accept no liability for any damage to or loss of your property whilst taking part in the Tour.
12.1.6 You will comply with all statutory and legal requirements when participating in the Tour, including but not limited to all road traffic and driving laws.
12.1.7 You have provided emergency contact details to us and authorise us to contact those persons in the event of an emergency.
12.1.8 You understand that you are under a duty to mitigate any risks to yourself as far as is practicable, by taking all reasonable steps to safeguard your own health and safety whilst on the Tour. You accept full responsibility for these risks and you agree that we, our employees and agents are released from any liability resulting from your injury or death or any loss of or damage to your property suffered during the Tour caused by your failure to mitigate such risks and/or safeguard your own safety.
12.1.9 We do not exclude or limit our liability which cannot be excluded or limited under applicable law including liability for fraud or for any death or personal injury suffered during the Tour which is wilfully caused by us.
12.1.10 You hereby indemnify us for all losses suffered by us as a result of your behaviour, actions or failure to comply with the terms of this contract.
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the Tour;
13.2.2 our Services to you generally; or
13.2.3 any other matter
please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you, and
13.3.2 give you certain information required by law about our alternative dispute resolution provider which is Small Claims Mediation (UK) Limited whose web address is www,small-claims-mediation.co.uk;
13.3.3 where you booked your Tour directly through our website you may utilise the online dispute resolution (ODR) platform to resolve any disputes with us whose web address is www.webgate.ec.europa.eu/odr.
13.4 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract
13.5 The laws of England and Wales will apply to this contract
14. Third party rights
14.1 No one other than a party to this contract has any right to enforce any term of this contract