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CONDITIONS OF TRAVEL AND HIRE
The terms specified below integrate the contract terms.
1) ORGANIZER OF SERVICES
organizer of services is EGGI Multiservice SrL Motoexplora Tour Operator which hereinafter will be simply referred as Motoexplora.
2) BOOK AND PARTICIPATION TO TRAVEL
The signing of the contract by travel agencies or directly with the MOTOEXPLORA implies acceptance of all the travel and rental conditions of MOTOEXPLORA . With the confirmation by the MOTOEXPLORA , the booking of travel takes binding on both parties.
3) EXCLUSION LIABILITY of the MOTOEXPLORA
Each participant in travel is fully and exclusively responsible for themselves and they answers for the conduct and driving of motorcycle rented. The Motoexplora is not liable to any damage caused by the travel’s participants to themselves, to any passenger on the motorcycle rented, or to third parties, with their personal conduct and driving of motorcycle rented. In this respect, for participation in the trip it is necessary to sign a declaration of indemnification and exclusion from liability against MOTOEXPLORA ; such statement is required to both drivers and passengers transported. Therefore, at time of booking of travel, MOTOEXPLORA , or the travel agency, delivery to each client who wish to reserve, a statement about the responsibility of MOTOEXPLORA relatively driving of motorcycle by the participants to travel. The signing of that declaration is binding condition for the reservation and for participation in the trip.
4) CONFIRMATION DEPOSIT AND PAYMENTS
Upon confirmation of booked trip it is necessary for the client / participant to provide to pay an amount equal to 25% of the trip as deposit. The remaining amount will be paid 30 days before the journey.
5) WITHDRAWAL OF TRAVELLER - PENALTY FOR CANCELLATIONS
The recesses made no later than 30 days before the journey imply in any case to pay the annulment fee by an equivalent amount paid as confirmation deposit. Further penalty will amount depending on the annulment date as after-specified:
until 22 days prior to departure: 50% of the total amount
from 21 days to 15 days prior to departure: 75% of the total amount
from 14 days to 7 days prior to departure: 90% of the total amount
from 6 days to departure day: 100% of the total amount
no refund after this term.
We will consider valid only the communications about renounce or changing made by fax, or mail, or other data transmission way. For all the departures, no refund will be accorded to whom will be present at the departure or who will decide to interrupt the journey already started. As well as no refund for who doesn’t have regular documents.
6) BENEFITS INCLUDED IN THE PRICE OF EACH JOURNEY
The benefits vary and they are listed in the various sectors of www.motoexplora.com web site. The price of the trip includes the accommodation in a double room (or single). The availability of single rooms is limited, it will be assigned in the order of booking. If a single person book a double room, MOTOEXPLORA attempt to find a roommate. If it will not be possible, it will be calculated the price for a single room. The FLIGHTS FROM AND for the meeting point ARE NEVER INCLUDED in the prices of travel.
7) THE BENEFITS NOT INCLUDED
All services not explicitly listed in the list of inclusions, made in each itinerary, are not included in the trip.
8) MODIFICATION OF THE RESERVATION
A change of reservation, which meant changing the date of travel, not later than 30 (thirty) days before departure, it is possible and free, compatibly with the availability of place in groups organized by travel MOTOEXPLORA .
9) MINIMUM NUMBER OF PARTICIPANTS
If there are not enough participants, the MOTOEXPLORA reserves the right to cancel a trip up to 20 days. before the beginning. In this case, the customer will be informed promptly and the deposit paid will be refunded. “Day of the trip” means the day agreed with MOTOEXPLORA for the arrival at the meeting point.
10) CANCELLATION OF A JOURNEY FROM MOTOEXPLORA PART
The contract is resolved if the trip can not be done, it should be interrupted or terminated for reasons of force majeure, insurrections, floods, earthquakes, strikes, terrorist acts, war acts etc.. Where particularly adverse weather conditions make the journey impossible or particularly dangerous.
11) VIOLATION OF LOCAL LAWS OF THE ROAD’S CODE, THE STANDARDS OF CARE AND GOOD CONDUCT IN TRAVEL GROUP
Violations of road code or travel group conditions, i.e. the common rules of prudence in the conducting of the motorcycle hired by the participant, both at the roadside and off-road constitute breach of contract, in such cases, the MOTOEXPLORA may terminate the contract and withdraw motorcycle rented at any time. The client have, in this case, no right to reimbursement of the trip or the costs of hiring. More specifically: if the personal conduct and / or guidance of the participant violates the laws and general local regulations, or to put it better if the participant with his overall behavior, disruptive for other participants, or put at risk its or others' personal integrity, MOTOEXPLORA and staff reserve the right to immediately terminate the rental and travel of the participant without he may in any way reclaim compensation. Participants in travel are therefore required to comply with the above rules. The participant responds precisely for all damages resulting from breach of the conditions above.
12) LIABILITY
MOTOEXPLORA will bear careful preparation of travel, choice and supervision of those responsible for the performance (local representatives, hotels, transfers, etc.).. MOTOEXPLORA doesn’t respond to road accidents or incidents off-road with vehicles hired. Each participant is responsible for the leadership of the rental vehicle, motorcycle or car. To drive a vehicle rented by Motoexplora , the driver must hold a valid driving licence which allow him to drive the type of rental vehicle and his age has to be more than 25 years. The client must provide personally to have adequate clothing. The vehicles are equipped with rear box, burglar alarm, gear on board. For the choice of the itinerary, each participant must follow the local lead guide provided by MOTOEXPLORA . In any case, the participant must have a driving behavior inspired by great prudence and diligence in order not to prejudice the security of their own and other participants to travel. The participant is aware that some routes may include off-road sections, with the reservation assumes any responsibility for conducting the hired vehicle off-road and at the same time relieve MOTOEXPLORA and its charge from any liability with regard to any claims due the difficulties and dangers of driving off-road, crossing wild areas and not urbanized, the presence of wild animals or household uncontrolled, etc..
13) COMPLAINTS
When incidents occur in the services provided by MOTOEXPLORA or damage to participants or third parties, participants are obliged to do everything they can to limit the inconvenience and / or prevent harm’s foreseeable aggravations. Any accident or injury should be reported to MOTOEXPLORA immediately, as soon as possible, any delays in reporting accidents or injuries to MOTOEXPLORA mean that any injurious consequence of delay remains to be paid by the participant. Any complaints against the quality / quantity of services provided must be received in writing to MOTOEXPLORA within 10 days from the end of the journey.
14) VISUAL INSPECTION EQUIPMENT AND AUDIOVISUAL
The copyright of photos, slides and films made by the representatives MOTOEXPLORA during the trip are owned by MOTOEXPLORA . The MOTOEXPLORA is authorized to use this material for advertising purposes, even if you can recognize the participant, without the MOTOEXPLORA should give any reimbursement, compensation, indemnification to the participant.
15) CHANGE OF ITINERARY
The MOTOEXPLORA reserves the right to change the path and, if necessary, also housing according to season and weather. The MOTOEXPLORA will strive always to avoid such changes but, where it’s necessary, it will always provide equivalent performances.
16) TREATMENT OF DATA
The MOTOEXPLORA is authorized to send name and address of the participant to its partners that will use such data for the only purpose of completion of travel.
17) WEATHER CONDITIONS
The MOTOEXPLORA strives to organize travel in periods when weather for a trip by motorbike in the provided area are convenient, according to weather forecasts disseminated by the main organs of information sector. The MOTOEXPLORA doesn’t answer about inconvenience, or any damages caused to the participant from adverse weather conditions, the participant has no right to reimbursement of the trip or the costs of hiring.
18) AGREEMENTS MINUTES
Verbal understanding between individual travelers and the local Agency representative of MOTOEXPLORA , or with one of the guides MOTOEXPLORA are valid only if confirmed by MOTOEXPLORA . The guides are not authorized to give information and confirmations different from the conditions of travel and rental.
19) CALCULATION OF ERRORS AND PRESS
Errors of calculation and possibly print found on the websites of properties and on printed catalogs, can be corrected at any time by MOTOEXPLORA
20) DELIVERY AND RETURNING.
The vehicles are delivered at the meeting point communicated at time of booking and must be returned in the same place. The vehicles are delivered in perfect conditions of storage and operation. To prevent subsequent disputes, the customer is required to verify the conditions of rented motorcycle and must be identified in writing any comments on the state of the body or mechanical at the time of delivery. The Srl reserves the right to terminate the contract and resuming possession of the vehicle at any time, with a surcharge for the customer, if the vehicle is operated in violation of art. 21 or in the presence of anomalies accounting / administrative / judicial (non-payment, complaints of theft of credit card, court records etc.)..
21) CONDITIONS OF USE.
The customer will keep and use the vehicle with due diligence and in particular should not allow the vehicle is used:
a) to carry passengers and / or property for commercial purposes;
b) to push or tow vehicles, trailers or other things;
c) in sporting competitions and tests on circuits and installations equipped or paths open to the public;
d) by the Customer or the driver under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates or any other substance that menomi knowledge or there ability to respond;
e) in violation of any rule customs, movement or other standards;
f) from other person different from the client unless that person has been previously shown in the rental contract and authorized by the Srl;
g) to drive outside Italy.
It is strictly prohibited rental thirds of motorcycle in any form.
The customer is required to use all the anti-theft devices to which the vehicle is equipped whenever it is parked and abandoned, although in places closed and guarded areas.
22) CLAIMS.
Any claim must be communicated to MOTOEXPLORA within 24 hours. The customer will request the intervention of the competent Authority (whenever possible and always in the presence of bodily injury to himself, to the passenger and / or third parties), must provide immediate complaint to the competent authority when necessary (for example in case of theft and / or damage) and send a copy of the complaint to MOTOEXPLORA within 24 hours from the fact denounced. A form "Report of the accident", annexed to the vehicle documents must be completed in the event of an accident and given to MOTOEXPLORA the return of the vehicle. The customer must obtain data about witnesses and other vehicles involved, or get all the information necessary and possible to determine responsibility in the accident happened. The vehicles for hire are covered by the guarantee provided for RCA. Any accident or damage to the driver, transported, or to third parties related to the movement-even on areas not subject to public-transit vehicle rented, it should be reported immediately to MOTOEXPLORA and within that period of 24 hours. In case of delay in reporting of claims by the participant, the same answer for any damage due to delay for which the insurer for RCA hired the vehicle were to make revenge against MOTOEXPLORA . If, for the fact of the participant-driver or his passenger, in case of accident, MOTOEXPLORA loses the right to guarantee by the insurer for RCA hired the vehicle to the participant itself, these will respond just as possibly MOTOEXPLORA was forced to Participants pay a third or by way of damages or compensation, burdening the MOTOEXPLORA up to the maximal insured. The Client agrees to cooperate with the MOTOEXPLORA and the owner and their insurers in any investigation or legal proceedings.
23) The cancellation of individual points in this conditions of travel does not involve the cancellation of the remaining conditions.
24) BONDS IN SOLID.
Who sign the rental contract on behalf of another person and / or Company will respond solidly with its represented about undertaken obligations towards the MOTOEXPLORA .
25) JURISDICTION.
In case of dispute the jurisdiction will be exclusively in Catania.
26) LANGUAGE
The text in Italian prevail in the event of conflict with the text translated into other languages.
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