| 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 (“RMA”), as motorcycle rental and tour company, Trademark of Moto Rental & Tours SRL, 7 Huedin Alley, block 2, entrance 1, ap.20, 4th district, Bucharest, Romania and of RMA Tours SRL, 109 Petru Maior Street, 1st district, Bucharest, Romania, email: radu.stefan@romaniamotoadventure.com , phone +40 737 669 917 (hereinafter referred to as “Romania Moto Adventure”) and the customer. 1. OFFERING AND BOOKINGS 1.1 ROMANIA MOTO ADVENTURE offers to its customers following services: a) Motorcycle (and accessories) rental 1.2. Motorcycle rental ROMANIA MOTO ADVENTURE offers BMW models (latest and previous model) for rental to its customers. All motorcycles are in perfect state of functioning, equipped with all cases and navigation unit or phone holder; The motorcycles are not older than 6 years and don’t have more than 50.000km on board. A rental day is considered minimum between 08:00 and 20:00 of the said day. 1.3. Guided Tours ROMANIA MOTO ADVENTURE organizes for its customers guided tours, under following conditions: Not included: 1.4. Self-Guided Tours ROMANIA MOTO ADVENTURE organizes for its customers self-guided tours, under following conditions: · The tour is organized exclusively with ROMANIA MOTO ADVENTURE’s motorcycles (equipped with all cases and navigation unit) Not included: 1.5. Private Guided Tours ROMANIA MOTO ADVENTURE organizes for its customers private guided tours, under following conditions: · The tour is organized exclusively for a group of rider friends, at the time of convenience Not included: · Flights (or travel) to / from Bucharest 1.6 The booking of a package with ROMANIA MOTO ADVENTURE can be made in writing or in electronic form (e.g.. e-mail, internet). A booking is confirmed only after the payment (advance payment / full payment) has been received by ROMANIA MOTO ADVENTURE; ROMANIA MOTO ADVENTURE will send by email a booking confirmation to the customer, which is binding for both parties. 1.7 PAYMENT OF THE RESERVATION DEPOSIT CONSTITUTES CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN. 1.8 Within due time from the booking confirmation, ROMANIA MOTO ADVENTURE shall ask and the customer shall provide all documents required to conclude the formal contract, such as, but not limited to: identification documents (national ID / passport), valid driver’s license, etc.); failure to provide such documents or provision of non-valid documents represents a breach of contract and Romania Moto Adventure is entitled to cancel the booking, without any compensation to the customer. 1.9 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.
2. PRICE. PAYMENT. CONTRACT 2.1 The following payment options are available: Direct Debit; Credit Card; Cash payment 2.2 ROMANIA MOTO ADVENTURE will have the possibility to inform the customer of the debit dates for the down payments and final payments of the price on the accepted offer or invoice up to one day before the above-mentioned due dates. If payment is made by direct debit or credit card, the debits from the account will be made in due time on the due dates. 2.3 A deposit of the cost is due immediately after receipt of the confirmed offer, however, not later than 3 days from the offer date and the price in the amount of 30% of the total costs, if not otherwise agreed. The deposit is to be paid to the business account of ROMANIA MOTO ADVENTURE mentioned below and will be credited to the total price. 2.4 The final payment on the travel price 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 booking is carried out and can no longer be canceled for one of the reasons mentioned in paragraph 9. The final payment must be received by ROMANIA MOTO ADVENTURE unprompted. Decisive for the timeliness of the payment is its credit on ROMANIA MOTO ADVENTURE’s account. 2.5 In the case of short-term bookings – less than four weeks before the start of the service – the total price is due immediately upon receipt of the invoice and is to be paid to ROMANIA MOTO ADVENTURE. 2.6 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 defect entitling to withdrawal. 2.7 The price will include all items as detailed in the offer or as confirmed expressly by ROMANIA MOTO ADVENTURE. The price will not include travel costs to and from the rental office, meals, personal expenses, costs with passengers, entry fees, additional services, etc, or anything which is not expressly stated as included in the price. 2.8 ROMANIA MOTO ADVENTURE is entitled to adjust the price agreed in the contract in the event of a subsequent increase in accommodation and transport costs and/or taxes or other charges for certain services or as imposed by legislation or in the event of 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: a) If the increase is related to accommodation or transport, ROMANIA MOTO ADVENTURE can increase the price by the corresponding additional amount. 2.9 If changes to contractually agreed essential features of 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 on a permanent data carrier (e.g. e-mail or voice message) clearly, understandably and in a prominent manner. Any warranty claims remain unaffected, in particular also insofar as the changed services are defective. 2.10 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 package tour (substitute trip). 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.
3. TRANSFER OF CONTRACT 3.1 Transfer of the contract is permitted only with the express written consent of ROMANIA MOTO ADVENTURE, with the third party’s obligation to observe exactly the provisions of the T&Cs and contract.
4. CANCELLATION POLICY By the customer 4.1 The customer can withdraw from the contract at any time before the start of the services. The withdrawal must be declared to ROMANIA MOTO ADVENTURE in writing (eg. e-mail). 4.2 The compensation lump sums for the individual travel services are tiered according to the date of receipt of the cancellation notice as follows: a) up to 30 days before the start of the trip: no fee 4.3 ROMANIA MOTO ADVENTURE recommends the customers to conclude travel insurance to cover any unforeseen circumstances that may lead to cancellation. By ROMANIA MOTO ADVENTURE 4.4 If an advertised number of participants (namely minimum 4 riders) for a tour has not been reached, ROMANIA MOTO ADVENTURE may offer the customer an alternative to the customer as self-guided tour or rental only or may cancel a trip up to 30 days before the start of the trip and withdraw from the contract. The customer will have a maximum of 3 calendar days to provide his confirmation. 4.5 ROMANIA MOTO ADVENTURE will inform the customer immediately after the occurrence of these conditions for the non-realization of the service and declare the change or the services, if agreed by the customer, or 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. 4.6 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
5. INSURANCE & WARRANTY 5.1 ROMANIA MOTO ADVENTURE recommends the conclusion of a foreign health insurance. 5.2 All the motorcycles offered to customers are insured with mandatory insurance policies. Each of the policies carries an excess, to be covered by the customer (warranty deposit), which is clearly stated in the offer of ROMANIA MOTO ADVENTURE. The customer will deposit, at pick up, the warranty deposit for each vehicle rented from the ROMANIA MOTO ADVENTURE. 5.3 The warranty deposit will be returned to the customer at the taking over by ROMANIA MOTO ADVENTURE, at termination of the renting period, on the condition that the vehicle is returned in the same condition as received, as detailed in the handing over protocol. Should the rented vehicle be damaged by the customer during the renting period or requires repairs due to inadequate use by the customer, ROMANIA MOTO ADVENTURE will retain from the warranty deposit the corresponding amount as cost compensation for covering the damage.
6. OBLIGATIONS 6.1 Of the customers a) To observe the minimum age for rental: ROMANIA MOTO ADVENTURE points out to the customer that the success of the tours organized by ROMANIA MOTO ADVENTURE as group tours 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 travel contract and exclude the customer from further participation. 6.2 Of ROMANIA MOTO ADVENTURE a) to provide the customer with the vehicles agreed for renting, in a proper operating state, after signing the handing over protocols.
7. MOTORCYCLES, HANDING OVER PROCEEDINGS, DAMAGES AND PENALTIES. 7.1 ROMANIA MOTO ADVENTURE will provide the customers with BMW GS motorcycles, at no additional cost, with: · Top case and side cases 7.2 The customer will inspect the motorcycle at pick-up and sign-off the handing over protocol 7.3 At the end of the renting period, the customer will return the rented vehicle in the agreed conditions of time and location, directly to ROMANIA MOTO ADVENTURE or to his mandates, by signing a handing over protocol. 7.4 The customer will hand over to ROMANIA MOTO ADVENTURE all corresponding documents, equipment and other accessories at the location, date and time agreed between the parties, with a full tank of fuel. 7.5 The taking over protocol will be signed by parties after all contractual obligations have been met. 7.6 In case of damage caused by the customer to the motorcycle or its accessories, provisions of section 5 will apply. 7.7 In case the motorcycle is damaged or presents functional defects during the rental / tour period, ROMANIA MOTO ADVENTURE will provide the customer with an available replacement motorcycle, at no cost, within 24 hours. This provision applies to the cases when the situation appears on the territory of Romania. 7.8 In case the customer damages the motorcycle, and the motorcycle cannot be used in such way to be returned by the customer to the location in due time or at all, the customer will bear all costs with the return proceedings – such costs are not covered by the warranty deposit and are due by the customer immediately. 7.9 Penalties and other costs a) In case the customer returns the motorcycle without a full fuel tank, a refueling fee of 30 EUR will be applied – such costs are not covered by the warranty deposit and are due by the customer immediately.
8. CANCELLATION / TERMINATION BY ROMANIA MOTO ADVENTURE 8.1 If an advertised number of participants (namely minimum 4 riders) has not been reached, ROMANIA MOTO ADVENTURE may offer the customer an alternative to the customer or may cancel a trip up to 30 days before the start of the trip and withdraw from the contract. The customer will have a maximum of 3 calendar days to provide his confirmation. 8.2 ROMANIA MOTO ADVENTURE will inform the customer immediately after the occurrence of these conditions for the non-realization of the service and declare the change or the services, if agreed by the customer, or 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. 8.3 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. 8.4 ROMANIA MOTO ADVENTURE points out to the customer that the success of the tours organized by ROMANIA MOTO ADVENTURE as group tours 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 travel contract and exclude the customer from further participation. ROMANIA MOTO ADVENTURE will organize the return journey of the customer in case of a termination. Any additional costs shall be borne by the customer if the termination was due to grossly negligent or intentional behavior of the customer.
9. LIMITATIONS OF LIABILITY 9.1 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 and the conditions of insurance concluded by ROMANIA MOTO ADVENTURE. 9.2 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 description 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, educate or organize.
10. DISPUTE RESOLUTION The parties have the obligation to reach consent and resolve any dispute amicably. If no agreement is reached by the parties, then any of the parties has the right to claim in the competent courts of Romania, Bucharest.
11. 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. This can be accessed on the website www.Romania Moto Adventure.com under the menu item “Data protection” or the following URL: https://www.RomaniaMotoAdventure.com
12. IMPORTANT REMARKS Passports, visa, customs, foreign exchange and health regulations ROMANIA MOTO ADVENTURE informs the customer before the start of the trip in the pre-contractual information about general passport, visa and other official personal identification documents requirements of Romania. 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 non-compliance with these regulations, are at the expense of the customer.
13. 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.
ROMANIA MOTO ADVENTURE Moto Rental & Tours SRL (rental company) RMA TOURS SRL (touring company) contact@RomaniaMotoAdventure.com Phone: +40 737 66 99 17
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Conditions
General Terms and Conditions (GTC)