Romania Moto Adventure - BMW Motorradvermietung in Rumänien

General Terms and Conditions (GTC)

ROMANIA MOTO ADVENTURE

 

These General Terms and Conditions (hereinafter referred to as „GTC”) are an integral part of the contract concluded between Romania Moto Adventure, a Trademark of Moto Rental & Tours SRL, 7 Huedin Alley, block 2, entrance 1, ap.20, 4th district, Bucharest, Romania, phone +40 737 669 917, email: radu.stefan@romaniamotoadventure.com (hereinafter referred to as “Romania Moto Adventure”) and the customer. Deviations in the respective of the scope description and individual agreements have priority over these GTC.

 

 

  1. CONCLUSION OF THE CONTRACT

 

1.1         ROMANIA MOTO ADVENTURE is bound to its offers for a period of 30 days.  The booking of a service by ROMANIA MOTO ADVENTURE can be made in writing or in electronic form (eg. e-mail, internet), by confirmation of the customer of the offer submitted by ROMANIA MOTO ADVENTURE. Once booking details are agreed between ROMANIA MOTO ADVENTURE and the customer, the booking is confirmed by ROMANIA MOTO ADVENTURE and a contract will be signed.

 

1.2         The contract is concluded only with the signature of both parties, following the booking confirmation by ROMANIA MOTO ADVENTURE. The acceptance of the booking by ROMANIA MOTO ADVENTURE does not require any special form. Your contractual partner is Moto Rental & Tours SRL.

 

1.3         The customer shall be liable for all contractual obligations of travelers for whom they make the booking as for their own, insofar as they have assumed this obligation by express and separate declaration.

 

  1. PAYMENT and WARRANTY

 

2.1         The following payment options are available:

 

Bank transfer; online payment

 

ROMANIA MOTO ADVENTURE informs the customer of the debit dates for the down payments and final payments of the price on the offer, as follows:

  • Advance payment, representing 10% of the travel cost, payable within 10 days after travel confirmation and/or signing the contract, by bank transfer to ROMANIA MOTO ADVENTURE ‘s bank account or online payment,
  • The final payment on the travel price, representing 90% of the travel cost, is due 30 days before departure, if nothing else has been agreed in individual cases, and to be paid if it is certain that the trip is carried out and can no longer be canceled for one of the reasons mentioned in paragraph 9.

 

2.2         ROMANIA MOTO ADVENTURE requires a warranty deposit for the motorcycle(s) in the amount specified by ROMANIA MOTO ADVENTURE for the chosen motorcycle(s).

 

The deposit is to be paid to the business account of ROMANIA MOTO ADVENTURE mentioned below, 30 days before departure.

 

The security deposit will be returned to the customer at the time of takeover by ROMANIA MOTO ADVENTURE, at the end of the travel period, on condition that the vehicle is returned in the same condition as it was received at the beginning of the travel period.

Should the rented vehicle be damaged by the customer during the travel period or require repair due to misuse by the customer, ROMANIA MOTO ADVENTURE will retain the corresponding amount as compensation for the damage.

 

 

2.3         In the case of short-term travel registrations – less than four weeks before the start of the trip – the total travel price is due immediately upon receipt of the invoice and is to be paid to ROMANIA MOTO ADVENTURE.

 

 

2.4         If the customer does not pay the deposit and/or the balance according to the agreed payment terms, although ROMANIA MOTO ADVENTURE is ready and able to properly provide the contractual services, has fulfilled the statutory information obligations when booking a service and there is no legal or contractual right of retention in favor of the customer, ROMANIA MOTO ADVENTURE is entitled to withdraw from the contract after unsuccessful reminder with a deadline and to charge the customer with withdrawal costs according to section 7.4. This does not apply if at that time there is already a service defect entitling to withdrawal.

 

  1. CONTENT OF THE CONTRACT; CHANGES IN PERFORMANCE; RIGHTS IN THE EVENT OF SIGNIFICANT CHANGES IN PERFORMANCE.

 

3.1         Which services are contractually agreed results from the service descriptions included on the ROMANIA MOTO ADVENTURE offer and the information referring to this in the booking confirmation. If an individual itinerary is compiled at the request of the customer, the concrete content of the contract results exclusively from the corresponding concrete offer to the customer and the respective confirmation. The information contained in the booking confirmation is binding for ROMANIA MOTO ADVENTURE.

 

3.2         If changes to contractually agreed essential features of the services become necessary after conclusion of the contract, these are only permissible if they were not brought about by ROMANIA MOTO ADVENTURE in bad faith, the changes are not significant and do not affect the overall nature of the services. ROMANIA MOTO ADVENTURE shall inform the customer immediately after knowledge of the reason for change, about changes in performance by email clearly, understandably and in a prominent manner. Any warranty claims remain unaffected, in particular also insofar as the changed services are defective.

 

3.3         In case of a significant change of essential characteristics of the services after conclusion of the contract, ROMANIA MOTO ADVENTURE can offer the customer a corresponding change of the contract and request the customer to accept the offer for the change of the contract within a reasonable period determined by ROMANIA MOTO ADVENTURE or to withdraw from the contract free of charge. The offer to change the contract cannot be made after the start of the trip. ROMANIA MOTO ADVENTURE can offer the customer in an offer to change the contract, optionally also the participation in another service (substitute service). ROMANIA MOTO ADVENTURE expressly points out to the customer that after the expiry of the specified period for the declaration of acceptance of the contract change, the change is considered accepted. Possible warranty claims remain unaffected insofar as the changed services are defective.

 

  1. TRANSFER OF CONTRACT

 

4.1         Until the start of the trip, the customer can request that a third party instead of the customer enters the rights and obligations under the contract. ROMANIA MOTO ADVENTURE can object to the entry of the third party if they do not meet special requirements, if applicable, or their participation is contrary to statutory provisions or official orders.

 

4.2         If a third party enters the contract, they and the customer are liable to ROMANIA MOTO ADVENTURE as joint and several debtors for the price and the additional costs incurred by the entry of the third party.

 

  1. UNUSED SERVICES

 

If the customer does not use individual services that were properly offered to them for reasons attributable to them (e.g. because of early return), there is no right to a pro rata refund of the price. Excluded are earnings that result from another utilization of the service by ROMANIA MOTO ADVENTURE. ROMANIA MOTO ADVENTURE will strive for a reimbursement of the saved expenses by the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is opposed by legal or official regulations.

 

  1. PRICE ADJUSTMENTS

 

6.1         ROMANIA MOTO ADVENTURE is entitled to adjust the price agreed in the contract in the event of a subsequent increase taxes or other charges for certain services (e.g. insurance charges) or as imposed by legislation or in the event of inflation and / or a change in the exchange rates applicable to the service in question. If the above stated costs existing at the time of conclusion of the contract increase, ROMANIA MOTO ADVENTURE may increase the price in accordance with the following provision:

 

  1. a) If the increase is related to taxes, fees or other charges imposed by legislation, and / or related with inflation rate, ROMANIA MOTO ADVENTURE can increase the price by the corresponding additional percentage of increase.

 

  1. b) In the event of a change in exchange rates and/or insurances after the conclusion of the contract, the price may be increased to the extent that the service has become more expensive for ROMANIA MOTO ADVENTURE as a result.

 

 

Any increase is only permissible if the circumstances leading to the increase have not yet occurred before the conclusion of the contract and were not foreseeable for ROMANIA MOTO ADVENTURE at the time of the conclusion of the contract.

 

6.2         If a subsequent adjustment of the travel price occurs, ROMANIA MOTO ADVENTURE informs the customer immediately. From the 20th day before departure price increases are not allowed. If the price increase is more than 8%, ROMANIA MOTO ADVENTURE can offer the customer a corresponding price increase and request the customer to accept the offer within a reasonable period determined by ROMANIA MOTO ADVENTURE or the customer can withdraw from the contract free of charge.

 

6.3         ROMANIA MOTO ADVENTURE expressly informs the customer that after the expiry of the specified period for the declaration of acceptance of the price increase, the change is considered accepted.

 

 

  1. CANCELLATION BY THE CUSTOMER BEFORE THE START OF THE TRIP (CANCELLATION FEES); RESCHEDULINGS

 

7.1         The customer can withdraw from the contract at any time before the start of the trip. The withdrawal must be declared to ROMANIA MOTO ADVENTURE in writing (eg. e-mail). If the trip was booked through a travel agent, the customer can also declare the withdrawal to this agency, in writing.

 

 

7.2         If the customer withdraws from the contract, ROMANIA MOTO ADVENTURE loses the right to claim the agreed travel price in total. ROMANIA MOTO ADVENTURE may, however, demand reasonable compensation insofar as ROMANIA MOTO ADVENTURE is not responsible for the withdrawal. The amount of compensation is determined by the price less the value of the expenses saved by ROMANIA MOTO ADVENTURE as well as what ROMANIA MOTO ADVENTURE can acquire through other use of the services.

 

7.3         ROMANIA MOTO ADVENTURE has tiered the compensation claim according to the following list. The compensation is a lump sum considering the proximity of the time of withdrawal to the contractually agreed start of the trip in a percentage ratio to the price. The calculation of the compensation considers saved expenses and possible other uses of the services. The compensation is calculated according to the date of receipt of the cancellation notice at ROMANIA MOTO ADVENTURE according to the following list.

 

7.4         The compensation lump sums for the individual travel services are tiered according to the date of receipt of the cancellation notice as follows:

 

  1. Up to the 42nd day before the start of the trip: 20 %
  2. from the 30th day to the 22nd day before the start of the trip: 30 %
  3. from the 15th day to the 8th day before the start of the trip: 40 %
  4. from the 7th day to the 4th day before the start of the trip: 60 %,
  5. from the 3rd day before the start of the trip: 80 %
  6. from the 2nd day before departure and in case of no-show: 90%.

 

7.5         ROMANIA MOTO ADVENTURE reserves the right to claim individually calculated compensation instead of the above lump sums. This requires that ROMANIA MOTO ADVENTURE proves that significantly higher expenses than the applicable lump sum have been incurred. In this case, ROMANIA MOTO ADVENTURE is obligated to specifically quantify and substantiate the requested compensation, considering the saved expenses and any other use of the services, and to justify it at the customer’s request.

 

7.6         Notwithstanding the foregoing, the customer may not claim compensation for a service contract if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the performance of the service or the transportation of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of the ROMANIA MOTO ADVENTURE and their consequences could not have been avoided even if all reasonable precautions had been taken. This provision does not apply to contracts for individual services.

 

7.7         After conclusion of the contract, the customer has no claim to changes in the contractual services, such as the travel date, the place of departure, the accommodation (if part of the contracted service), or rebooking. Such rebooking requests, if their implementation by ROMANIA MOTO ADVENTURE is possible, can only be carried out after a withdrawal from the contract under the conditions set out in paragraphs 7.1 to 7.5 and simultaneous rebooking. Excepted from this are such rebooking requests whose implementation is possible, and which cause only minor costs (less than 8% of the contract price).

 

 

7.8         These above provisions do not apply if the rebooking of a service is necessary because ROMANIA MOTO ADVENTURE has given no, insufficient, or incorrect pre-contractual information to the customer. In such a case, the rebooking of the package tour is possible free of charge.

 

 

  1. INSURANCE

 

ROMANIA MOTO ADVENTURE recommends the conclusion of a foreign health insurance. Information on travel insurance is available from ROMANIA MOTO ADVENTURE on request.

 

 

 

  1. CANCELLATION /TERMINATION BY ROMANIA MOTO ADVENTURE

 

9.1         Where applicable, if an advertised number of participants has not been reached, ROMANIA MOTO ADVENTURE may cancel a service up to 30 days before the start of the trip and withdraw from the contract. However, this only applies if ROMANIA MOTO ADVENTURE has expressly referred to a minimum number of participants and their amount in offer and the booking confirmation and if ROMANIA MOTO ADVENTURE has specified the time by which the customer must have received the notice of cancellation before the contractually agreed start of the trip at the latest.

 

9.2         ROMANIA MOTO ADVENTURE will inform the customer immediately after the occurrence of these conditions for the non-realization of the trip and declare the withdrawal. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, ROMANIA MOTO ADVENTURE is obliged to make use of the right of withdrawal without delay. In the event of withdrawal, ROMANIA MOTO ADVENTURE will immediately refund any payments made on the tour price.

 

9.3         ROMANIA MOTO ADVENTURE can also withdraw from the contract before the start of the trip if ROMANIA MOTO ADVENTURE is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. ROMANIA MOTO ADVENTURE will declare the withdrawal to the customer in this case immediately after knowledge of the reason for withdrawal. In this case ROMANIA MOTO ADVENTURE loses the right to claim the price in total. Payments already made by customers will be refunded immediately, at the latest within 14 days after the withdrawal.

 

9.4         ROMANIA MOTO ADVENTURE points out to the customer that the success of the service organized by ROMANIA MOTO ADVENTURE as group service depends, among other things, on the conduct of each customer in accordance with the contract. ROMANIA MOTO ADVENTURE can therefore, in the event of serious violations by the customer of duties relating to obligations, safety and conduct, after warning, or in particularly serious cases, without warning, immediately terminate the contract and exclude the customer from further participation. Any additional costs shall be borne by the customer if the termination was due to grossly negligent or intentional behavior of the customer.

 

  1. OBLIGATIONS OF THE CUSTOMER

 

ROMANIA MOTO ADVENTURE informs the customer in the booking confirmation the date of sending the required documents. The customer must inform ROMANIA MOTO ADVENTURE if no or only incomplete documents have been received after this deadline. The booking confirmation is to be checked for completeness and accuracy. ROMANIA MOTO ADVENTURE must be informed immediately of any discrepancies.

 

10.1       Customer’s responsibility

 

The customer has the following obligations:

  1. The minimum legal age for the services to be observed: All motorcycles require a minimum age of 21 and a minimum of 2 years of motorcycle riding experience. The customer must hold a full, unrestricted motorcycle driver’s license.
  2. A valid driver’s license for the rented vehicle and an ID card will be required upon collection.
  • To drive safely to protect his life, the life of the passenger and other road users and to avoid injury.
  1. To use the rented vehicles with due diligence and only for the purpose for which they were intended
  2. Pay the agreed contract price under the conditions of the contract and these General Terms and Conditions
  3. Notify ROMANIA MOTO ADVENTURE immediately of any damage to the vehicle; The vehicle may not be serviced or repaired, and parts and accessories may not be replaced by the customer without the prior consent of ROMANIA MOTO ADVENTURE
  • Return the vehicle to the agreed place, date and time, with a full tank, in the best possible condition, together with all the relevant documents, equipment and other accessories.
  • The beneficiary may not transfer or assign the contract or any part thereof, except for the conditions stated in Chapter 4. Any attempt to do so will be deemed a material breach of the contract and will be void.
  1. Not to use the motorcycle off-road, on dirt roads, on public roads, during competitions or demonstrations.

 

10.2       Notice of defects

 

The customer can demand remedy if the service is not provided according to the contract. He is obliged to report a service defect immediately to ROMANIA MOTO ADVENTURE. If the service was booked through a travel agent, the notification can also be made to the agent. A reduction of the price does not occur if the customer culpably omits to report the defect. A notification is not necessary if this is recognizably futile or unreasonable for other reasons.

 

10.3       Setting a deadline before termination

 

If the service is significantly impaired as a result of a defect directly cause by ROMANIA MOTO ADVENTURE, the customer may request in written to ROMANIA MOTO ADVENTURE termination of the contract, by providing reasoning for termination and proof of defects. However, the customer is obliged to set ROMANIA MOTO ADVENTURE a reasonable deadline for remedial action before. This obligation does not apply if an immediate remedy is necessary or refused by ROMANIA MOTO ADVENTURE.

 

  1. LIMITATIONS OF LIABILITY

 

11.1       The contractual liability of ROMANIA MOTO ADVENTURE for damages that are not physical injuries and were not culpably caused is limited to the price of the contract.

 

11.2       ROMANIA MOTO ADVENTURE is not liable for service disruptions, personal injury and property damage in connection with services that are merely brokered as third-party services, if these services have been expressly identified as third-party services in the offer and booking confirmation, stating the identity and address of the brokered contractual partner in such a clear manner that they are not recognizably part of the services of ROMANIA MOTO ADVENTURE for the customer and have been selected separately. ROMANIA MOTO ADVENTURE is liable, however, if and to the extent that the customer has suffered a loss caused by a breach of ROMANIA MOTO ADVENTURE’s own duties to inform the customer or organize the service.

 

  1. DISPUTE RESOLUTION

 

The EU Commission provides a platform for out-of-court dispute resolution. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/. However, ROMANIA MOTO ADVENTURE is not obliged to participate and does not intend to participate in dispute resolution proceedings before a consumer arbitration board.

 

  1. PRIVACY

 

ROMANIA MOTO ADVENTURE collects and processes all personal data in accordance with the statutory data protection provisions. All information on data protection is contained in the data protection declaration.

 

  1. IMPORTANT REMARKS

 

Passport, visa, customs, foreign exchange and health regulations

 

ROMANIA MOTO ADVENTURE, in good faith, informs the customer before the start of the trip in the pre-contractual information and in the booking confirmation about general passport, visa and other official personal identification documents requirements of Romania, as well as health formalities. However, the responsibility of properly informing himself on the obligations he must observe remains with the customer.

 

The customer is responsible for the compliance with all important regulations for the realization of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from the non-compliance with these regulations, are at the expense of the customer, except if these are due to a culpable misinformation or non-information of ROMANIA MOTO ADVENTURE.

 

ROMANIA MOTO ADVENTURE grants the customer permission to use the motorcycle(s) to travel in Romania, and without restrictions, in the countries of the European Union. In this case, all costs and obligations related to travel outside the country’s borders are the responsibility of the customer. Travel outside the European Union is not permitted without an additional agreement.

 

 

  1. FINAL PROVISIONS

 

The invalidity of individual provisions of the contract does not result in the invalidity of the entire contract or the terms and conditions stated herein.

 

These General Terms and Conditions and any contract with ROMANIA MOTO ADVENTURE are ruled by applicable Romanian law and European Union law.

(Status: April 19,2022)

 

ROMANIA MOTO ADVENTURE

by Moto Rental & Tours SRL

 

Huedin Alley 7,

040917 Bucharest, Romania

Phone: +40 737 66 99 17

Email: contact @ romaniamotoadventure . com

https://www.RomaniaMotoAdventure.com

 

Bank Account:

Raiffeisen Bank

IBAN: RO41 RZBR 0000 0600 2097 0182 (EUR)

RO08 RZBR 0000 0600 2008 8076 (RON)

BIC RZBR, SWIFT: RZBRROBU