General Terms and Conditions of Hispania Motorcycletours SL
The following Terms and Conditions (TC) form part of the travel contract between Hispania Motorcycletours SL (referred to as "the organizer") and the travel participant (referred to as "the customer"). Any deviations or supplementary agreements must be made in writing to be valid.
1. conclusion of contract
1.1. The customer may register for a trip or rental in writing, via email, or through the organizer’s website. The travel contract becomes binding, and the reservation is considered secured, only upon the organizer’s issuance of a written booking confirmation and receipt of either a payment of 20% of the total tour value or full payment if the rental period or tour begins within 60 days from the booking date.
1.2. Participation requires the signed disclaimer and, where applicable, the signed user agreement for rental motorcycles provided by the organizer.
1.3. No booking will be processed without the customer confirming they have read and accepted the GTC.
2. Payments
The customer may cancel their trip at any time before it begins by submitting a written cancellation request. The effective date of the cancellation is the date the tour operator receives the request. In case of cancellation, the tour operator reserves the right to charge a cancellation fee, calculated as a percentage of the tour price as follows:
2.1. A deposit of 20% of the tour price is due within one calendar week of receiving the payment link from the organizer.
2.2. The remaining balance must be paid no later than 60 days before the start of the trip.
2.3. If the payment deadlines are not met, the organizer reserves the right to treat the booking as canceled. In such cases, the cancellation policy outlined in section 4.1 will apply.
3. Services and Pricing
3.1. The organizer’s confirmation provides a detailed list of services included and the total price. Additional services requested by the customer, either at the time of booking or during the trip, will incur extra charges.
3.2. Minor changes to itineraries or stopovers that do not alter the overall character of the trip are not considered modifications of service.
3.3. If weather or other circumstances beyond the organizer’s control prevent access to planned accommodations or routes, the organizer cannot be held liable. Additional costs incurred in such cases will be the customer’s responsibility.
4. Cancellation Policy
4.1. The customer may cancel their trip at any time before it begins by submitting a written cancellation request. The effective date of the cancellation is the date the tour operator receives the request. In case of cancellation, the tour operator reserves the right to charge a cancellation fee, calculated as a percentage of the tour price as follows:
- Without Cancellation Insurance:
- More than 60 days before departure: €200 cancellation fee per person.
- 59 to 42 days before departure: 20% of the tour price.
- 41 to 21 days before departure: 40% of the tour price.
- 20 to 8 days before departure: 75% of the tour price.
- Less than 8 days before departure or no-show: 100% of the tour price.
- With Cancellation Insurance:
- Prior to the start of the tour: Full refund of the tour cost.
- During the tour: Pro-rata refund for unused days.
4.2. Customers arriving late or failing to show for the tour will not receive a refund. Missed return trips must be arranged independently at the customer’s expense.
4.3. Changes to dates or destinations made within 59 days of the tour start are considered cancellations and will require a new registration. In such cases, the cancellation policy outlined in clause 4.1 will apply, and any applicable cancellation fees will be charged based on the timing of the change.
5. Cancellation by the Organizer
5.1. If fewer than five participants have booked, the organizer may cancel the trip up to 30 days before departure. Payments will be refunded in full, with no further claims.
5.2. If the trip must be canceled due to force majeure or circumstances beyond the organizer’s control, the following applies:
- With Cancellation Insurance:
- Refunds will follow the cancellation insurance policy.
- Without Cancellation Insurance:
- More than 60 days before departure: Deposit held as a credit for up to two years.
- Less than 60 days before departure: Full tour cost held as a credit for up to two years.
- After the tour has started: Pro-rata credit for unused portions of the trip, valid for up to two years.
5.3. No further claims can be made for cancellations due to force majeure.
5.4. Participants may be excluded from the tour for undisciplined, dangerous, or disruptive behavior, or failure to comply with traffic regulations. No refund will be provided, and the rental motorcycles will be impounded.
6. Custom Tour
A custom tour is a specially designed itinerary created for groups of 8 or more participants. These tours are tailored to the group’s specific preferences and fall outside the tours published on our website or the standard group tour schedule. The price of a custom tour is calculated based on the number of participants in the original tour request. If the final number of participants falls below this minimum, the organizer reserves the right to adjust the tour price per participant accordingly.
Cancellation Policy:
- With Cancellation Insurance:
- Refunds follow the policy.
- Without Cancellation Insurance:
- More than 60 days before departure: Deposit retained as credit, valid for two years.
- Less than 60 days before departure: Full cost retained as credit, valid for two years.
7. Premature Termination of the Trip
If a customer ends the trip early for any reason, including personal decisions, illness, accidents, or family emergencies, no refunds will be provided for unused services.
8. Customer Responsibilities
8.1. Each traveler is responsible for adhering to applicable road traffic regulations. Participants ride at their own risk and are legally liable for any damages they may cause to fellow travelers or other road users, even when following the tour guide. Every participant must adjust their riding style to prioritize their own safety.
8.2. The tour guide provided by the organizer outlines a suggested route, but participants follow this route at their own responsibility. Each rider is required to adapt their riding style to the prevailing conditions and their own skill level. If a participant is unable to continue on a route, they must stop and inform the tour guide immediately.
8.3. Participants are solely responsible for securely fastening their luggage to their vehicle and ensuring the proper transfer of their personal belongings to the support vehicle driver. The organizer assumes no liability for loss or damage caused by improperly secured or handled luggage.
8.4. The organizer assumes no liability for loss or damage to personal valuables, documents, or electronic devices belonging to the tour participant during the trip.
9. passport, visa, health regulations
9.1. The customer is responsible for ensuring compliance with all applicable passport, visa, health, and driving license regulations for the countries included in the trip.
9.2. If the customer is unable to start the trip or is forced to end it prematurely due to non-compliance with these regulations, the organizer is not liable and is not obligated to refund any payments made by the customer.
10. driving license and driving skills
10.1. By completing the booking, the customer confirms that they hold a valid driver’s license for the vehicle to be used during the tour and have the necessary driving skills to safely operate the vehicle under all possible riding conditions in the region of travel.
10.2. If it becomes clear after booking but before the trip begins that the customer does not hold a valid driver’s license for the duration of the tour, the organizer is released from their obligation to fulfill the contract and will apply the cancellation fees outlined in point 4.1.
10.3. If it becomes apparent after the tour has started that the customer does not have a valid driver’s license for the duration of the trip or lacks the required driving skills to safely operate the vehicle, the legal consequences outlined in point 5.4 will apply.
11. PARTICIPANTS HEALTH, SAFETY, AND CONDUCT GUIDELINES
11.1. Rider Health and Fitness Requirements
Participants must possess a level of physical and mental fitness sufficient to safely participate in the tour and handle the demands of motorcycle riding under the expected conditions. The organizer reserves the right to exclude participants from the entire tour or specific sections if they are deemed unfit to continue, with no entitlement to refunds or compensation.
11.2. Restrictions on Alcohol, Drugs, and Impairing Substances
Tour participants are prohibited from consuming alcoholic beverages, prescription or over-the-counter medications that may impair cognitive or motor functions (such as sedatives, opioids, or muscle relaxants), or any other substances that affect the ability to drive safely during the day while riding is required. This rule also applies to passengers. If such substances are consumed after the conclusion of the day’s ride, participants must ensure they are fully fit to ride by the following morning. Non-compliance with this requirement will result in the enforcement of the legal consequences detailed in section 5.4.
11.3. Compliance with Guide’s Safety Recommendations
If, in the professional judgment of the tour guide, a rider is deemed unfit to continue riding safely—whether due to fatigue, illness, or any other condition—the rider will be strongly advised to either proceed in the support vehicle or take a break from riding.
Should the rider choose to disregard this recommendation, they will be required to sign a liability waiver acknowledging full responsibility for their decision. By signing this waiver, the rider agrees to be fully liable for any damages, injuries, or losses resulting from their continued participation, without limitation to the deductible amount specified in the rental agreement. The organizer reserves the right to exclude such participants from the tour if their actions compromise the safety of the group or the integrity of the tour.
12. ACCOMMODATION AND HOTELS
The organizer collaborates with a variety of hotel providers to ensure high-quality accommodations for different tours and seasons. The organizer reserves the right to select and, if necessary, change accommodations based on availability while maintaining the general standard and quality of the lodging. Any reference to specific hotels on the organizer’s website is solely intended to illustrate the class and type of accommodations offered and does not guarantee or imply a booking at a particular hotel. Adjustments to accommodations will always aim to align with the overall quality and comfort expected by our customers.
13. Insurance
13.1. The organizer strongly recommends that participants obtain travel insurance, including coverage for accidents, illness, theft, liability, legal protection, and the organizer’s cancellation insurance.
13.2. The organizer has secured insolvency insurance for all participants through XA SEGUROS GENERALES, S.A. DE SEGUROS Y REASEGUROS under policy number 82517731 to protect against the insolvency of Hispania Motorcycletours SL.
14. OWN VEHICLE
Participants who join a tour with their own vehicle are responsible for ensuring that their vehicle is in legal and technically sound condition. They must also provide the necessary vehicle documents and have the required insurance coverage.
15. OFF - ROAD TRIPS
Off-road driving with vehicles provided by the organizer, outside the designated routes specified by the organizer, is strictly prohibited. Similarly, improper use of the rental vehicle is not allowed. Customers are fully liable for any damages resulting from unauthorized off-road driving or improper use, without limitation to the deductible amount.
16. Liability
16.1. The organizer is liable within the scope of a diligent and responsible business operator for the careful preparation of the trip, the proper selection and supervision of service providers, and the proper delivery of the agreed travel services in accordance with local standards.
16.2. The organizer’s responsibility is limited to the same level as that of the third-party service providers involved in the tour, such as hotels or transport companies. If these service providers are allowed by law to limit or exclude their liability for certain situations, the organizer’s liability will also be limited or excluded in the same way. The organizer is not held responsible for matters that are beyond organizer’s control.
16.3. In all situations, the organizer’s liability is capped at a maximum of twice the total travel price:
a) if the organizer did not intentionally cause the damage or act with gross negligence, or
b) if the damage was caused entirely by the fault of a third-party service provider for whom the organizer is responsible.
16.4. Liability for delays is excluded.
16.5. The organizer is not liable for traffic accidents or any resulting damages. Participants acknowledge that this type of adventure tour involves inherent risks, and they are fully responsible for their own actions, including their riding style, speed, route choices, and assessment of their personal skills and abilities, even when following the instructions, routes provided by the tour guide or the tour guide directly.
The organizer and tour guide will provide proper instructions, guidance, and warnings about potential risks, ensuring participants are informed to make safe decisions. However, the ultimate responsibility for operating the vehicle safely remains with the participant.
16.6. By joining the tour, participants acknowledge and accept that the organizer, its owners, and representatives are not responsible for ensuring their personal safety during the tour. The organizer, its owners, and representatives cannot be held liable, either individually or collectively, for any incidents that may occur during the tour, including those resulting in injury, death, or damage to personal property. This also extends to any claims made by the participant's family, heirs, or legal representatives.
16.7. The organizer is not liable for any items lost or stolen from rental stations or support vehicles.
17. Weather and Route Changes
17.1. Depending on the season and weather conditions, the organizer reserves the right to adjust the tour route and accommodations as needed. In making such changes, we strive to maintain the overall character of the tour and provide equivalent services.
17.2. The organizer cannot be held responsible for unfavorable weather conditions. As such, participants are not entitled to a refund of the tour or rental price due to weather-related disruptions.
18. Complaints and Claims
18.1. Participant Responsibility
Participants are expected to take reasonable steps to minimize any disruptions or damages during the tour. While we strive to deliver a seamless experience, any complaints must be reported to us immediately during normal business hours so we can address the issue promptly.
18.2. Submission of Claims
Any claims against the organizer must be submitted within 30 days after the trip concludes. Claims made after this deadline will only be considered if the participant was unable to meet the deadline due to circumstances beyond their control.
18.3. Non-Transferable Warranty Claims
Warranty claims can only be submitted directly by the customer and cannot be assigned or transferred to another party.
19. Legal Provision
19.1. Verbal agreements are invalid unless confirmed in writing.
19.2. The place of jurisdiction is Malaga, Spain.
20. organizer Details
HISPANIA MOTORCYCLETOURS S.L
Carril de Guetara 54
E-29004 Malaga, Spain
NIF: ESB18716464