terms and conditions 2018-07-20T18:41:14+00:00

terms

Terms In this Policy of Fair Trading (“Terms”):

We set out below all the terms which apply to bookings which you ask us, Watch House Associates (Ltd) trading as Magellan Motorcycle Tours, to undertake on your behalf. You should study them carefully. You should also note that there are two separate categories of terms of business. The first is the “General Terms – Escorted and Self Guided” set out immediately below which applies to our Escorted, Self Guided tours and Fly Ride tours and the second is “Agency Terms – Fly Ride” which is split individually to cover each of our fly ride destinations by rental partner. These are the terms of each individual Fly Ride rental provider who agrees to provide you with a rental motorcycle and support alongside Magellan.

When processing your Fly Ride booking we will arrange for you to enter into a contract with the rental provider of the relevant Fly Ride Tour. General Terms – Escorted and Self Guided

1.0 “You” are the customer; “Tour” is the tour you have selected from our site or brochure “We” and “Us” are Watch House Associates (Ltd) trading as Magellan Motorcycle Tours.

1.1 Description

All motorcycle tours are booked on a first come first served basis, when you book your motorcycle tour with us the following will be required;

– A completed reservation booking form

– Deposit paid in full

1.2 Conditions of Sale

Customer Responsibility: When purchasing a product from Magellan Motorcycle Tours it is your responsibility to read and understand the terms and conditions.

Payments & Deposits

Deposits: Deposits are required per person and are NONE REFUNDABLE. The deposit required for each tour is listed on the selected Magellan Motorcycle Tour webpage

Payments: Magellan Motorcycle Tours accepts bank transfer or cheques as method of payment. You will be charged in the currency (GBP £ pounds sterling) as indicated on your sales order. You are responsible for any bank charges incurred as a result of transfer either by your bank or Magellan Motorcycle Tour’s bank.

Balance of Payments: Must be paid in FULL 10 weeks prior to the first day of arrival at your motorcycle tour.

Failed Payments: Failure to receive successful payment at any stage may result in cancellation of your tour.

Currency Fluctuations: Some circumstances beyond our control may dictate an increase in the cost of your tour from the originally published price. Any increase less than 2% and Magellan will absorb the cost. Anything over 2% and we may need to invoice you. You will of course be informed of any increase in good time via email. Failure to pay an increase may result in the cancellation of your booking with no refund.

1.3 Cancellations

If You Cancel

In the event of you having to cancel your tour the following will be incurred;

Full loss of all deposit/s and one of the following:

70 days prior to departure, loss of 50% of all monies paid (And Deposit/s)

0 – 69 days prior to departure, loss of 100% of all monies paid (And Deposit/s)

A no-show always incurs 100% of all monies paid (And Deposit/s)

It is for this reason that we strongly recommend you take our travel insurance that covers cancellations.

Should you have to cancel your tour for any reason you may transfer the booking to another person providing a minimum of 2 weeks notice is given, this will incur a £30.00 administration charge plus any additional direct costs we may incur.

Any changes to your personal details including email address, motorcycle details or any other personal information is subject to a £30.00 administration charge per amendment which we may apply at our discretion.

If We Cancel

We reserve the right to cancel any tour, however would only do so in extreme circumstances. In the extremely rare event that Magellan Motorcycle Tours cancels a tour due to illlness or under subscription of the tour you will be given an option to move to another tour of your choice (subject to availability) or a full refund of all monies paid including deposit/s.

Should Magellan Motorcycle Tours need to cancel as a result of situations beyond our control we will not be held responsible or offer a refund/compensation. This could include but is not limited to the following; war, riots, civil unrest, terrorism, natural disaster or any unforeseen cancellations due to industrial disputes, and/or weather – acts of god.

1.4 Delays

We cannot be held responsible for any unforeseen delays to your journey to join us. In the case of delays you are responsible for providing your own meals, accommodation and other travel arrangements where we do not directly provide you with travel to the tour start location and any other additional costs incurred.

Our tours are schedules months in advance, and due to this under some circumstances the scheduled routes and overnight stops may change slightly from those advertised to allow for road closures, hotel adjustment, operational circumstance and unforeseen events. You will be informed of any changes to the itinerary in the tour pack provided before the commencement of any tours. You agree to accept these unavoidable amendments should they be required.

1.5 Disclosure

Non-Disclosure: Any criminal convictions or medical conditions must be declared on the booking form. Not doing so may render the contract invalid between you the customer and Magellan Motorcycle Tours and may result in the termination of your tour with the loss of any monies paid. Any losses to Magellan Motorcycle Tours as a result or consequence of non-disclosure will be charged to you.

Pre-existing Medical Conditions: (including dietary or other allergies) We request that you inform us of any pre-existing medical conditions and any treatment/medication that you may need or carry for this condition so that in the event of an unfortunate recurrence or episode we are able to obtain appropriate medical assistance for you as soon as possible. Any such information will be treated with the utmost sensitivity. Non-disclosure may result in termination of our contract/trip with us you without redress or compensation or refund being paid

1.6 Travel Details

Your Travel arrangements: Magellan Motorcycle Tours will NOT supply any flights to tour locations.

Do not book any flights until your tour booking has been confirmed.

Passports/ Visas / Visa Waivers (USA): It is the responsibility of the customer to ensure that they and all members of their party are in possession of either a valid Passport or suitable travel document equivalent appropriate to country/countries being visited or transited during your trip with Magellan Motorcycle Tours. If you or others in your party require visas for the country/countries you are visiting you are expected to obtain the correct documentation before travelling. Magellan Motorcycle Tours can help you in the preparation of these documents but is not responsible for any documentation relating to VISAS or cancellations resulting from incorrect or un-recieved documentation.

Ferry Bookings: If your tour includes ferry travel you must abide by the Terms & Conditions as set out by the ferry company. Once you book through Magellan Motorcycle Tours there will be NO REFUNDS for fares paid, Magellan Motorcycle Tours are not responsible for any travel disruptions or cancellations.

1.7 Driving and Bike Responsibilities

Motorcycle Tours Driving License requirements: All riders must be in possession of a full and valid license for the class of machine they are using for the country they are visiting. We advise you to obtain an International Driving Permit/License, this can be obtained from most major post offices.

Riding your own Motorcycle: We only accept motorcycles that are insured, road legal and with visible/legal registration plates. Bikes should be in good condition with a current MOT. Each participant is responsible for their motorcycle in regards to care and use and for the conformity of it with the laws in force for each country visited on your specific tour. In the case of mechanical breakdown whilst riding your own Motorcycle you are responsible for recovery/repatriation and or repair of the motorcycle. All riders with pillion are responsible for their pillions safety.

Motorcycle Insurance: Each participant must be in possession of valid insurance for their vehicle, for themselves (and their pillion), including valid repatriation insurance for the vehicle and for themselves (and their pillion), where applicable. Any incident or accident that involves a participant (or their pillion) will not be accepted as the responsibility of Magellan Motorcycle Tours unless a Magellan employee is directly involved and responsible for the incident.

When booking a tour we assume that the participant (and pillion if applicable) will have read the Tour Itinerary and will be fully aware of the route, destinations and the approximate mileages for each day. It is the responsibility of the customer to access their own ability and stamina for the tour and to have made the judgement that it is an appropriate tour for them to undertake. We cannot be held responsible if the customer is out of their comfort zone in regards to the difficulty of the tour.

1.8 On Tour

Conduct: You are expected to hold a level of competency and an ability to fully control your motorcycle at all times. You are expected to ride in a courteous and safe manner in respect to your fellow riders and road users. If we feel you are not riding in a safe and courteous manner and putting other members of the group or yourself at risk we reserve the right to ask you to leave the tour group and ride alone.

Magellan Motorcycle Tours operate a zero tolerance policy regarding any type of abuse. Any form of threatening behaviour, verbal or physical abuse to another member of the group or towards any of our staff, contractors or tour leaders will result in you being expelled from the tour and your tour terminated with no refund.

Leaving the motorcycle tour: If for any reason you choose to leave or exclude yourself from a tour before the end location, you will not receive any refund or compensation.

Irrevocable disruption: If you cause disruption by words or deed to a tour or other participant on that tour you may be asked to leave immediately without redress, this will result in the termination of your tour with Magellan Motorcycle Tours and the loss of all monies paid to us. No claim for Consequential Loss will be accepted by Magellan Motorcycle Tours for other costs incurred in completion of the trip by you under this circumstance. No refund or compensation will be given in anyway shape or form i.e. money – credit or towards another event or tour.

1.9 Photography

We may take photographs and film footage of any participant (and/or pillion) and your motorcycle whilst on tour. We reserve the right to use such material for any advertising, brochure, video production or for any other marketing uses without obtaining further consent.

1.10 Insurance Travel / Medical / Breakdown

You the customer agree to have suitable personal, medical, cancellation, travel and breakdown insurance in effect for the duration of your trip, which covers repatriation for you and your motorcycle as detailed on your confirmation booking form. If you cancel or divert from any motorcycle / event / tour before the end date you are liable for your own claim against your own insurance in any circumstance including but not limited to illness, accident or death.

We highly recommend that you check your insurance covers for abandonment / cancellation / curtailment. Magellan Motorcycle Tours is not liable in any such circumstance other than those previously listed under ‘Cancellation’.

Tours / Events within the EU: When in the EU you must carry a EHIC (European Health Insurance Card) (available free from Post Offices or Online) This gives you basic medical cover free within the EU but in the event of a serious illness or accident does not cover repatriation costs. Most hospitals outside the UK will not treat you if you don’t have an EHIC Card.

1.11 Magellan Motorcycle Tours Responsibilities

We Are Responsible: For Any part of the program booked by us, where it is within our control, to ensure that it meets the standards as described in the brochure or publicity. You will be provided with comprehensive GPS data, detailed maps and full hotel addresses. The guiding of the tour is done purely at our discretion, in the event that your tour guide becomes incapacitated by accident or illness, or otherwise unavailable Magellan Motorcycle Tours will endeavour to provide a replacement guide. However, if in exceptional circumstances this is not possible you agree to continue the tour without a guide using the tour notes, itinerary and hotel bookings provided.

We Are NOT Responsible: for some amenities being out of order due to service requirements, weather conditions or lack of demand due to low client numbers in the hotel or other amenities such as parking space fees that you may have cause to require the use of.

We Are NOT Responsible: Magellan Motorcycle Tours will not be liable for any personal injury, illness or death resulting from the use of amenities/hotel facilities or consumption of food, drink or alcohol outside of those provided by Magellan Motorcycle Tours.

Hotel Policy’s: Please also note that some hotels will require a government issued photo ID and a credit card or cash deposit at check-in for incidental charges on your room.

1.12 Returning from European Tours:

Once your tour has commenced you will be provided in advance with a return ticket or booking reference which will ensure that you can return to UK in the event of insolvency of Magellan Motorcycle Tours, this is in accordance with The Package Travel and Linked Travel Arrangements Regulations 2018

1.13 Complaints Procedure

To Resolve Complaints: where our representative is in attendance for your tour you should in the first instance of a complaint contact him/her at the time. If however, you are not completely satisfied with the response you should write to our customer relations office at Magellan Motorcycle Tours, The Watchouse, Trevaunance Cove, St Agnes, TR5 0RZ. A complaint must be lodged within five days of the event date finishing and will be dealt with within 28 days of our receiving your letter.

Assignment: You hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these terms and conditions as we deem appropriate. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without obtaining our prior written consent from Magellan Motorcycle Tours.

1.14 Protection of Your Money

According to the The Package Travel and Linked Travel Arrangements Regulations 2018 all holiday organisers have to make provision for the protection of holidaymaker’s money in the event of the company’s insolvency. The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Watch House Associates Limited trading as Magellan Motorcycle Tours, and in the event of their insolvency, protection is provided detailed in section 5.0

1.15 Legal Agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you the end user / customer and us Magellan Motorcycle Tours in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Debt Recovery: Any debt’s or money owed to Magellan Motorcycle Tours by you for none payment of goods or services are handed over to our debt recovery service to recover any money you owe. You will be liable for the recovery charges imposed by our agency from the original action date.

Indemnity:You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

English Law:These terms and conditions are governed by and construed in accordance with English Law, any disputes relating to the event program offered to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

1.16 Motorcycle rental Europe

We can assist all tourers with Motorcycle rental by puttin them in touch with a UK or EU based supplier but for the avoidance of doubt your booking and contract of rental is with the relevant supplier. Magellan Motorcycle Tours is not responsible for and has no liability for the acts or omissions of persons who are not acting as its employees and though Magellan Motorcycle Tours has chosen its rental Suppliers with care Magellan Motorcycle Tours has no control over its Suppliers and cannot be held responsible for any action or omission of its Suppliers or their servants, agents or employees.

Magellan Motorcycle Tours will have no liability to pay compensation to you for any failure to properly perform its services hereunder, where the failure is attributable to you.

Magellan Motorcycle Tours shall have no liability to pay compensation to you for loss, damage or expense incurred for any failure to properly perform Magellan Motorcycle Tours’ agency services, where the failure is:

attributable to a third party unconnected with the provision of the holiday services, and which was unforeseeable or unavoidable
due to unusual and unforeseeable circumstances beyond Magellan Motorcycle Tours’ control, the consequences of which could not have been avoided even if all due care had been exercised
due to an event which Magellan Motorcycle Tours, even with all due care, could not foresee or forestall.
Examples of the above circumstances would be war, riot, civil strife, industrial dispute, terrorist activity, actions of governments or other state bodies, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, avalanche, fire, late delivery, adverse weather conditions or levels of water in rivers, or that any of the above are threatened.

Magellan Motorcycle Tours shall have no liability for economic loss, loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services hereunder or otherwise in connection with these terms, or for any indirect, special or consequential loss or damage.

For the avoidance of doubt your rental agreement is directly with the relevant rental Supplier. To the extent that Magellan Motorcycle Tours is not negligent in the provision of its service to you. Magellan Motorcycle Tours accepts no liability for any complaint, loss, damage, expense or other claim in respect of any aspect of your booking or travel arrangements.

Where Magellan Motorcycle Tours is required to pay you compensation, whether as provided in these Agency Terms or otherwise, Magellan Motorcycle Tours’ liability to pay compensation shall be limited in all circumstances to an absolute aggregate maximum liability of the total price paid by you for the specific bookings related to any given complaint.

2.0 Fly Ride General

All of the above terms and conditons apply to our fly ride trips as well as additional terms below

You must be a competent bike rider. It is the Participants responsible to ride any motorcycle in accordance with local laws, rules and regulations. Any motorcycle accident involving a participant with an unrelated third party, another participant or solo, will never be Magellan Motorcycle Tours responsibility.

Participants agree that they are aware that Fly Ride tours in addition to the usual dangers and risks inherent in motorcycle travel have certain additional dangers and risks and that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity and that these inherent risks contribute to the enjoyment and excitement and are the reason for your participation. The risks include, but are not limited to travelling in mountainous terrain, physical exertion for which you may not be prepared, altitude, civil unrest, forces of nature, all forms of transportation, accident or illness in remote areas without means of rapid evacuation or proper medical facilities.

2.1 Flights:

Do not book any flights until the tour date/s are confirmed by us.

2.2 Visas:

Passports/ Visas / Visa Waivers (USA): It is the responsibility of the customer to ensure that they and all members of their party are in possession of either a valid Passport or suitable travel document equivalent appropriate to country/countries being visited or transited during your trip. If you or others in your party require visas for the country/countries you are visiting you are expected to obtain the correct documentation before travelling. Magellan Motorcycle Tours is not responsible for any documentation relating to VISAS or cancellations resulting from incorrect or un-recieved documentation.

2.3 Insurance:

You the customer agrees to have suitable personal, medical, cancellation and travel insurance in effect for the duration of your trip. This travel and medical insurance needs to include full coverage of motorcycle riding with (if applicable) your pillion, any activities you plan to do and a Flying Doctor service if required. A good cancellation insurance is also mandatory to avoid problems in case of a cancellation. If you cancel or divert from any motorcycle / event / tour before the end date you are liable for your own claim against your own insurance in any circumstance including but not limited to illness, accident or death.

We highly recommend that you check your insurance covers for abandonment / cancellation / curtailment. Magellan Motorcycle Tours is not liable in any such circumstance.

2.4 Documentation:

It is your own and sole responsibility to ensure that your driving licenses, passport, visas, health certificates, proof of vaccinations and any other required documentation are all in order for all countries visited during yout tour.

2.5 Liability, limits on liability and compensation:

Magellan Motorcycle Tours will have no liability to pay compensation to you for any failure to properly perform its services hereunder, where the failure is attributable to you.

Magellan Motorcycle Tours shall have no liability to pay compensation to you for loss, damage or expense incurred for any failure to properly perform Magellan Motorcycle Tours’ services, where the failure is:

attributable to a third party unconnected with the provision of the holiday services, and which was unforeseeable or unavoidable
due to unusual and unforeseeable circumstances beyond Magellan Motorcycle Tours’ control, the consequences of which could not have been avoided even if all due care had been exercised
due to an event which Magellan Motorcycle Tours, even with all due care, could not foresee or forestall.
Examples of the above circumstances would be war, riot, civil strife, industrial dispute, terrorist activity, actions of governments or other state bodies, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, avalanche, fire, late delivery, adverse weather conditions or levels of water in rivers, or that any of the above are threatened.

Magellan Motorcycle Tours shall have no liability for economic loss, loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services hereunder or otherwise in connection with these terms, or for any indirect, special or consequential loss or damage.

3.0 Fly Ride Tours USA bike rental conditions

3.1 Motorcycle rental agreement is with Motoquest 2780 Dawson Avenue
Signal Hill, CA 90755

Renters age must be 21 years of age or older

Valid driver’s license with motorcycle endorsement

International license acceptable provided rider is licensed for corresponding displacement motorcycle in home country

Major Credit Card (Visa, MasterCard, Discover or American Express) for Damage Security Deposit. Debit cards not accepted for Damage Security Deposit

3.4$2,000 USD Damage Security Deposit will be pre-authorized at time of motorcycle check-out regardless of damage liability reduction packages purchased. These funds can be held up to 10 business days as a requirement of major credit card company policies and is beyond the control of MotoQuest.

DOT approved Helmet required independent of state law

3.2 Included in motorcycle rental

Basic Roadside Assistance

MotoQuest rental motorcycles are covered with Encore Roadside Assistance. Included in the Encore Roadside assistance is the following:

Towing
Basic tire repair
Emergency fuel or fluid delivery
Electrical Jumpstart
MotoQuest does not cover expenses for recovery outside of our roadside assistance program.

MotoQuest covers the first $200 in roadside assistance charges as long as the rental contract is upheld.

Not included in motorcycle rental rate
Fuel

$5 USD a gallon refuel fee, minimum of 3 gallons

Tolls, fines and violations

Any violations or unpaid tolls having occurred during your rental contract period will be automatically charged against your Credit Card on file with an additional $25 USD administration fee

Tire Damages

Renter is responsible for any and all costs associated with tire damage or punctures during the rental duration.

Insurance and reductions in liability See below

Insurance & Reductions in Liability
Basic Liability Insurance (BLI) –  $15 Per Day: All MotoQuest rentals are covered with state and country mandated liability insurance. All MotoQuest rentals are charged a mandatory $15 USD a day Basic Liability Insurance (BLI). This is what is required for the motorcycle to be legal on the road and is required regardless of any private insurance held by the renter. The Basic Liability Insurance (BLI) limits the financial liability to the renter regarding damage or theft of the motorcycle to only the first $2,500 USD. Restrictions apply*

Supplemental Liability Insurance (SLI) – $6.95 Per Day: When you accept SLI the policy provides you with excess coverage for the difference between that provided in the BLI (minimum requirement is the state financial responsibility mandated by the applicable insurance jurisdiction) and $300,000 USD. Property Damage limitation is $50,000 USD on any claim and this limit is included in the total liability limit of $300,000 USD. Policy limits are in excess of any/all valid and collectible underlying insurance. If there is any other valid and collectible insurance in effect (i.e. personal automobile liability coverage) then the available protection under the SLI coverage would be reduced by the amount of the underlying insurance.

Loss Damage Waiver (LDW) – $15 Per Day:  Renter may purchase a reduction in theft or damage liability. The LDW limits the financial liability regarding theft and damage to the rented motorcycle to the first $1,000 USD. Restrictions apply*

Loss Damage Waiver Extended (LDWE) – $50 Per Day: California only. Renter may purchase an additional reduction in liability called the Loss Damage Waiver Extended (LDWE). The LDWE eliminates the financial responsibility to the renter regarding damage or theft of the motorcycle. Restrictions apply*

*Restrictions – violations of the following restrictions void all reductions of liability and renter will be held completely liable for damages and may result in complete loss of the Damage Security Deposit as well as additional penalties.

Ownership and Use
Use of the rented Motorcycle is restricted to the licensed person that signed the Rental Contract

Failure to adhere to Maintenance Responsibility

Renter is responsible for checking and maintaining engine oil levels whenever the motorcycle is refueled.

Renter is responsible for reporting mechanical failures immediately to MotoQuest. Renter should not seek independent repair without approval from MotoQuest. Seeking and approving independent repair without consultation from MotoQuest will result in repairs at your expense.

Abandonment of Vehicle – Defined as terminating your rental other than the drop off location indicated in your rental agreement.

Off-Road motorcycling – Renter is forbidden from using rental motorcycles off-road without disclosure and permission from MotoQuest. Doing so will result in complete loss of the Damage Security Deposit. Disclosure and permission for riding a MotoQuest rental motorcycle off-road is defined by paying the Rough Terrain Surcharge.

Damages to Motorcycles – When a rental is returned it will be inspected by a MotoQuest representative. If damage is discovered during this inspection or before the next rental the entire Damage Security Deposit will be held until a complete inspection can be completed on the motorcycle. Upon completion of inspection and damage estimate the necessary amount to complete repairs plus labor will be kept from the Damage Security Deposit. The difference between the repair order and the Damage Security Deposit will be refunded to the card used for the Damage Security Deposit. If restrictions of the terms and conditions and rental agreement are not honored rider gives MotoQuest permission to charge the card used for the Damage Security Deposit for the total cost of repairs in excess of the original deposit.
Fly Ride Tours – Cuba bke rentals

4.0 Cuba tours rental contract with La Poderosa tours

4.1 GENERAL CONDITIONS OF CONTRACT.

The renter declares under his responsibility and accepts that:

LA PODEROSA TOURS will rent out to THE CONTRACTING PARTY and the same declares that he receives in rental a motorcycle property of LA PODEROSA TOURS, in perfect condition, both mechanical and in bodywork,with both tires suitable for driving and with its original equipment and standard accessories in perfect working order. THE RENTER states that he has verified the state of the vehicle and declares his conformity with the said vehicle, acknowledging that the motorcycle is in good condition for driving.

The motorcycle shall only be driven during the day and under no circumstance may RENTER drive the vehicle during the night WITHOUT PROGRAMMED TOUR ACTIVITY. In case the TOUR includes night driving, the same shall be guaranteed by LA PODEROSA TOURS through other means.

RENTER declares that he has the legal age for driving the vehicle, that he has a FULL,VALID driving license for motorcycles and is skilled to drive such vehicle.

RENTER declares that he has a valid health insurance in force at the time of the rental and that the same remains valid during the term of the present contract.

THE RENTER has received adequate instructions to drive the vehicle.

RENTER declares that he will respect the laws of transit of the Republic of Cuba (which are detailed in the following link: htto://www.cubadebate.cu/wp- content/uploads/2010/10/gacetaoficial-cuba-40-2010-ley109-transito.pdf) and that he will comply with all traffic and parking laws in force in the Republic of Cuba, being personally responsible for the payment of all penalties and fines that may be applied for traffic violations.

RENTER is the only person authorized to drive the vehicle and under no circumstance shall hepermit the vehicle to be driven by any other person.

RENTER shall drive on roads and shall follow the itinerary indicated by the TOUR LEADER (MOTORCYCLE GUIDE). RENTER may never ride the vehicle outside the specified route nor may he drive on his own or decide his own itinerary.

RENTER must drive respecting the speed indicated by the TOUR LEADER, and according to the zones covered. In the event of non-compliance, LA PODEROSA TOURS reserves the right to remove the vehicle from RENTER, who shall continue the tour in the SUPPORT VEHICLE that accompanies the tour.

THE RENTER shall not drive the motorcycle under the influence of alcohol, drugs or any other type of stimulants or toxic substances.The level of tolerance for alcohol and/or any other substance is zero (0),and in case of non-compliance, LA PODEROSA TOURS reserves the right to remove the vehicle from RENTER, who shall continue the tour in the SUPPORT VEHICLE that accompanies the tour.

In case of failure and / or breach of the obligations under this contract all coverage guaranteed by insurance shall be void and therefore RENTER shall be solely responsible for any damage or breakage that may occur to himself and / or third parties and / or motorcycle (for example including, but not limited to: renter shall bear the costs of any accident caused due to speeding or alcohol in blood) and must pay the total cost to cover whatever damage caused.

RENTER is solely responsible for the custody of his travel documents and personal values during the TOUR. Under no circumstances shall LA PODEROSA TOURS be liable for the loss, damage or wear of said elements.

LA PODEROSA TOURSprovides a set of keys of the motorcycle to RENTER. In case of loss of the said keys RENTER shall pay a fine of 100 CUC (Pesos Cubanos Convertibles).

RENTER may not make any claim against LA PODEROSA TOURS and / or its employees / other intermediary agencies or their insurance companies because of the damage that RENTER and / or third parties may suffer as a result of misuse of the vehicle or caused by the violation of the rules contained in this contract and/or the violation of the conditions stated in the insurance policies.

RENTERshall immediately alert the TOUR LEADER to any damage to the motorcycle.

RENTER shall return the motorcycle in the same condition and working order as RENTER received it.

4.2 Deposits & Booking:

To secure your booking a 30% deposit is required to be payed via bank transfer. Your remaining balance should be transferred no later than 60 days before departure. Failure to complete either of the above can result in your holiday being cancelled with no refund.

4.3 Cancellation policy

If You Cancel

In the event of you having to cancel your tour the following will be incurred;

Full loss of all deposit/s and one of the following:

70 days prior to departure, loss of 50% of all monies paid (And Deposit/s)

0 – 69 days prior to departure, loss of 100% of all monies paid (And Deposit/s)

A no-show always incurs 100% of all monies paid (And Deposit/s)

It is for this reason that we strongly recommend you take our travel insurance that covers cancellations.

Should you have to cancel your tour for any reason you may transfer the booking to another person providing a minimum of 2 weeks notice is given, this will incur a £30.00 administration charge plus any additional direct costs we may incur.

Any changes to your personal details including email address, motorcycle details or any other personal information is subject to a £30.00 administration charge per amendment which we may apply at our discretion.

If We Cancel

We reserve the right to cancel any tour, however would only do so in extreme circumstances. In the extremely rare event that Magellan Motorcycle Tours cancels a tour due to illlness or under subscription of the tour you will be given an option to move to another tour of your choice (subject to availability) or a full refund of all monies paid including deposit/s.

Should Magellan Motorcycle Tours need to cancel as a result of situations beyond our control we will not be held responsible or offer a refund/compensation. This could include but is not limited to the following; war, riots, civil unrest, terrorism, natural disaster or any unforeseen cancellations due to industrial disputes, and/or weather – acts of god.

4.4 Liability, limits on liability and compensation:

For the avoidance of doubt your booking and contract of rental is with the relevant Fly Ride Travel Supplier. Magellan Motorcycle Tours is not responsible for and has no liability for the acts or omissions of persons who are not acting as its employees and though Magellan Motorcycle Tours has chosen its Fly Ride Travel Suppliers with care Magellan Motorcycle Tours has no control over its Fly Ride Travel Suppliers and cannot be held responsible for any action or omission of its Fly Ride Travel Suppliers or their servants, agents or employees.

Magellan Motorcycle Tours will have no liability to pay compensation to you for any failure to properly perform its services hereunder, where the failure is attributable to you.

Magellan Motorcycle Tours shall have no liability to pay compensation to you for loss, damage or expense incurred for any failure to properly perform Magellan Motorcycle Tours’ agency services, where the failure is:

attributable to a third party unconnected with the provision of the holiday services, and which was unforeseeable or unavoidable
due to unusual and unforeseeable circumstances beyond Magellan Motorcycle Tours’ control, the consequences of which could not have been avoided even if all due care had been exercised
due to an event which Magellan Motorcycle Tours, even with all due care, could not foresee or forestall.
Examples of the above circumstances would be war, riot, civil strife, industrial dispute, terrorist activity, actions of governments or other state bodies, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, avalanche, fire, late delivery, adverse weather conditions or levels of water in rivers, or that any of the above are threatened.

Magellan Motorcycle Tours shall have no liability for economic loss, loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services hereunder or otherwise in connection with these terms, or for any indirect, special or consequential loss or damage.

For the avoidance of doubt your rental agreement is directly with the relevant Fly Ride Travel Supplier. To the extent that Magellan Motorcycle Tours is not negligent in the provision of its service to you. Magellan Motorcycle Tours accepts no liability for any complaint, loss, damage, expense or other claim in respect of any aspect of your booking or travel arrangements.

Where Magellan Motorcycle Tours is required to pay you compensation, whether as provided in these Agency Terms or otherwise, Magellan Motorcycle Tours’ liability to pay compensation shall be limited in all circumstances to an absolute aggregate maximum liability of the total price paid by you for the specific bookings related to any given complaint.

4.5 Complaints

Because the contract(s) for your motorcycle rental is between you and the Fly Ride Travel Supplier, any queries or concerns relating to the rental should be addressed to them. If you have a problem while on holiday, this must be reported to the principal / supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending on the circumstances. If you wish to complain when you return home, contact the principal / supplier in writing. We can assist you with this if you wish.

5.0 Financial protection

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Magellan Motorcycle Tours, and in the event of their insolvency, protection is provided for the following:

1 non-flight packages commencing in and returning to the UK;
2 non-flight packages commencing and returning to a country other than the UK; and
3 flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.

1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Magellan Motorcycle Tours.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702811397 and advise that you are a customer of an ABTOT protected travel company.

You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

6.0 Privacy Policy

Who we are:

At Magellan, we are committed to maintaining the trust and confidence of our visitors to our web site. In particular, we want you to know that Magellan is not in the business of selling, renting or trading email lists with other companies and businesses for marketing purposes. We just don’t do that sort of thing. But just in case you don’t believe us, in this Privacy Policy, we’ve provided lots of detailed information on when and why we collect your personal information, how we use it, the limited conditions under which we may disclose it to others and how we keep it secure. Grab a cuppa and read on.

Types of Data we collect:

Cookies –

Our website use cookies to collect information.  This includes information about browsing and purchasing behaviour by people who access our website.  This includes information about pages viewed, products purchased and the customer journey around our websites. Detailed information is set out in our Cookie Policy

Google Analytics

When someone visits www.magellanmotorcycletours.co.uk we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website.

Mailing lists

As part of the registration process for our monthly e-newsletter, we collect personal information. We use that information for a couple of reasons: to tell you about stuff you’ve asked us to tell you about; to contact you if we need to obtain or provide additional information; to check our records are right and to check every now and then that you’re happy and satisfied. We don’t rent or trade email lists with other organisations and businesses.

We use a third-party provider, MailChimp, to deliver our newsletter. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our e-newsletter. For more information, please see MailChimp’s privacy notice. You can unsubscribe to general mailings at any time of the day or night by clicking the unsubscribe link at the bottom of any of our emails or by emailing our data protection officer Felix Billington.

Booking data

When you book a tour with Magellan your personal data from your booking from will be stored in our secure booking system. Please be assured that we do not share your personal details with any other company without your consent.

Third parties

We may share personal information with other organisations, particularly hotels and crossing companies, who use this to complete and cofirm your reservations.

We will let them know about your booking and share data appropriate to this but they can’t contact you unless you direct.  We will not share unnecessary sensitive information or your payment details.

Access to your personal information

You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection officer Felix Billington at admin@magellanmotorcycletours.co.uk

Changes to this Privacy Notice

We review this privacy notice yearly to ensure it complies with all new legislation.

Cookie Policy –

Like most websites, Magellan website sometimes use cookies to collect information.  Cookies are small data files which are placed on your computer or other devices (such as smart ‘phones or ‘tablets’) as you browse this website.  They are used to ‘remember’ when your computer or device accesses our websites.  Cookies are essential for the effective operation of our websites and to help you interact with us online.  They are also used to tailor the products and services offered and advertised to you, both on our websites and elsewhere.

Information collected

Some cookies collect information about browsing and purchasing behaviour when you access this website via the same computer or device.  This includes information about pages viewed, tours purchased and your journey around a website.  We do not use cookies to collect or record information on your name, address or other contact details.  Magellan can use cookies to monitor your browsing and purchasing behaviour.

How are cookies managed?

The cookies stored on your computer or other device when you access our websites are designed by:

– Magellan and are necessary to enable you to a make purchases on our website;

What are cookies used for?

The main purposes for which cookies are used are: –

For technical purposes essential to effective operation of our websites, particularly in relation to on-line transactions and site navigation.
For Magellan to market to you, particularly web banner advertisements and targeted updates.
To enable Magellan to collect information about your browsing and shopping patterns, including to monitor the success of campaigns, competitions etc.
How do I disable cookies?

If you want to disable cookies you need to change your website browser settings to reject cookies.  How you can do this will depend on the browser you use.   Further details on how to disable cookies for the most popular browsers are set out below: –

For Microsoft Internet Explorer:

Choose the menu “tools” then “Internet Options”
Click on the “privacy” tab
Select the setting the appropriate setting
For Google Chrome:

Choose Settings> Advanced
Under “Privacy and security,” click “Content settings”.
Click “Cookies”
For Safari:

Choose Preferences > Privacy
Click on “Remove all Website Data”
For Mozilla firefox:

Choose the menu “tools” then “Options”
Click on the icon “privacy”
Find the menu “cookie” and select the relevant options
For Opera 6.0 and further:

Choose the menu Files”> “Preferences”
Privacy
What happens if I disable cookies?

This depends on which cookies you disable, but in general the website may not operate properly if cookies are switched off.  If you only disable third party cookies, you will not be prevented from making bookings on our sites.  If you disable all cookies, you may be unable to complete a purchase on our site.

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