Terms, Conditions & Release of Liability:
When booking a tour with Overland Motorcycle Tours you accept and agree to the Terms, Conditions, and Release of Liability herewith. On completion of your booking, you agree to these conditions by ticking the box “Terms, Conditions and Release of Liability”. We reserve the right to update or amend these Terms and Conditions at any time. It is, therefore, your responsibility to check the Terms and Conditions regularly for any changes.
A deposit will be taken for all tours to secure your place on the tour. For worldwide tour deposits, please see the tour page as these vary. On receipt of your booking, a booking confirmation will be issued by email, confirming your place on the tour. Tours booked within 60 days for European tours or 90 days for worldwide tours will require payment in full at the time of booking. Balance of the tour payment in such cases is made payable by bank transfer or PayPal.
2. Balance of Payment
Whenever possible, we will communicate with customers by email. However, we do not always send a final invoice reminder, so please note that we request the balance of payment for your tour two calendar months prior to departure for European tours. Late payment may result in the loss of your deposit and the cancellation of your tour booking. For Fly-ride & worldwide tours, the balance is due no later than 12 weeks before departure. If the balance of your tour is not received within 7 days of the due date, we reserve the right to cancel your place on the tour and retain your deposit in full, or alternatively, we may charge a late payment fee. Worldwide and Fly-ride tours include, but not limited to; Vietnam, India, South Africa, Morocco, Tunisia, United States, South America, Iceland, Australia, etc.
3. Surcharges and currency changes:
Circumstances beyond our control may dictate an increase in the cost of your tour. Any increase less than 2% of the published price will be absorbed within the original price – any increase over 2%, will mean we may need to add to the final cost of your tour, this may include; fluctuations in currency rates against the pound, for example, the Euro or Dollar. In such instances, you will receive an email and an updated invoice from Overland motorcycle tours detailing the additional costs. Failure to pay the additional costs may result in your place being canceled on the tour and loss of your deposit.
3.a Booking a shared room:
Surcharges may also apply to bookings where a shared room has been booked and we are unable to allocate another rider on the tour to accommodate that room with you prior to the tour departure cut off date, usually due to an insufficient or uneven number of twin-share bookings. Where a booking for a shared room is made, and no other booking is made to share with you, we may ask you to pay a surcharge for the use of the room on a single basis, this is usually calculated at a cost price to cover our out of pocket expenses only and is often a small surcharge to cover these costs, that said, it is very rare that we have to implement a surcharge.
The Euro exchange rate is currently changing on a day to day basis. We are monitoring this closely but if the Euro falls less than 2% against the pound we will have to submit amended invoices to cover the difference, as the tour is based on the exchange rate of 1.17 Euro to the pound. This includes existing bookings also.
4. Meals and Hotels:
- Where stipulated, the rating of the hotels on the tour is for guidance only and may not be representative of typical European standards. We do not guarantee the rating of any hotel whilst on the tour and any rating listed in our literature or website is only a guideline. When/if meals are included within the price of the tour you have chosen, it will include: the hotel breakfast, usually continental style or a buffet-style cooked breakfast meal or choice of cereals, pastries, yogurt, etc.
- Evening meals if included are up to the maximum value of 20.00 euros per person. Where a set menu specifically for Overland motorcycle tours isn’t being offered (typically the main meal and a dessert); all drinks are paid for by the guests. You are welcome to indulge in a more expensive meal if you wish, we ask that you settle the remainder. For all-inclusive meals, such as Morocco, for example, meals are organized by the local guide. If you have any dietary requirements please let us know in advance Where an evening meal is not included in the tour booking fees, we do not guarantee dining facilities for evening meals at any of the hotels. We will of course always do our best to ensure that there is a bar and restaurant at the hotel but on occasions, this may be closed or unavailable due to a number of factors, including refurbishment, lack of staff, and so on
- Overland motorcycle tours are under no obligation to provide evening meal facilities or compensate for the lack of facilities within hotels. From time to time the hotel standards may diminish below the minimum standard we expect, in such instances, we will not be held responsible or compensate if the standard of the hotel falls below customers’ expectations.
5. If you Cancel:
- All cancellations must be in writing by email and the following terms apply Loss of total value of the tour if the balance has been paid and the tour has been canceled less than 8 weeks prior to the departure date for European tours.
- Loss of total value of the tour if the balance has been paid and the tour has been canceled less than 12 weeks prior to the departure date for fly-ride or worldwide tours, including and not limited to; Morocco, Tunisia, Australia, South Africa, Nepal, USA, Tibet, Vietnam, South America, etc
- For all tours, including; European, worldwide, and fly-ride tours, deposits are non-refundable. You may transfer your deposit to another tour within the tour season (same year/season the booking was made) In the event of you canceling that tour, you will lose your deposit.
- You may transfer your booking to another person. However, you will be liable for any administration costs (typically £35.00/35.00 euros) and will be responsible for your nominee paying their monies in full. They must maintain the dates you originally booked and pay any other admin charges that may be incurred by the transportation company, such as; ferry, trains, or flights If the balance of the tour has not been paid in full after the due date but is then canceled by the customer, even under medical grounds, the full balance of the tour is still due for payment under these terms and we will seek to recover our losses or the full balance of the tour. This may be by way of legal action. This is to recover our losses for transport, tour guide costs and hotels booked and out of pocket expenses. In such cases, you will need to make a claim from your holiday insurance provider.
- If you cancel your tour for personal reasons or reasons based on non-factual evidence, for example; virus outbreak, terrorism, or weather Overland motorcycle tours reserve the right to refuse to offer a refund in part or in whole. If it has been announced by the FCO that it advises against all but necessary travel to the main location or visiting country on the tour. Overland motorcycle tours will offer an amended itinerary, Postpone the tour until a later date or offer to move your booking onto another tour in the same season.
6. If We Cancel:
- We reserve the right to cancel any tour – however, this would only become necessary in exceptional circumstances and is a rarity. Overland motorcycle tours have a policy to only cancel a tour if it is not financially viable for us to run the tour and we incur losses. In such an event, we would hope to offer you an alternative. If this were not possible or acceptable, we would issue a full refund.
- Overland motorcycle tours will not be held responsible, or offer a refund/compensation in any of the following situations: war, riots, civil unrest, terrorism, natural disaster, biological outbreak or disaster, or any unforeseen cancellations due to industrial disputes, transportation problems, weather political complications or disruptions (such as a negative impact following a Brexit deal) and safety issues or advice, this includes but is not limited to refusal into a country, through your fault or ours, for the purpose of preserving safety, mechanical failure or an accident beyond our control such as the tour guide being involved in a road traffic accident, mechanical failure of the tour guides motorcycle or the tour guide suffering an injury or illness preventing him/her from continuing to guide/escort the tour.
- Overland motorcycle tours also reserve the right to cancel any tour within 30 days or less of departure, if the tour has less than 6 customers booked on that tour. If we cancel the tour within 30 days due to limited bookings you will be offered one of the following options; a self-guided tour alternative, a full refund, transfer of your booking to another tour or hold your deposit for a tour commencing the following season (year) with a discount of between 5% and 10%.
- Overland motorcycle tours will not be held responsible for the reimbursement, in part or in whole, of any pre-booked hotels or transport arrangements relating to your tour should we cancel, this includes but not limited to; hotel bookings (usually on the eve of departure or last day of the tour), any flights, ferries or train travel costs, taxis, buses or rental costs or any other out of pocket costs or expenses incurred as a result of the tour not going ahead. It is advised to take out holiday insurance.
- In the event that the Foreign Commonwealth Office advise against traveling to a country that the tour you booked on is scheduled to visit (perhaps due to, but not limited to; political unrest, war, rioting, biological disasters, an outbreak of illness, terror attacks) after the booking has been made, Overland motorcycle tours will have no option but to follow the safety advice and the tour will not go ahead as planned. In such a rare case, Overland motorcycle tours will not be held responsible or accountable for reimbursing payments or deposits due to hotels and transport already being paid for. You will need to contact your holiday insurance provider to make a claim under the “FCO’s recommendation not to travel to the specified country”. We will do all we can to work with you to recover your losses. If we reschedule your tour, due to but not limited to; political unrest, war, rioting, biological disasters, an outbreak of illness, terror attacks or any other unforeseen situation beyond our control where we consider the risk too high.
7. Tour Itinerary Changes:
- Arrangements for your tour are made months, sometimes a year or more in advance. It is therefore inevitable that changes can occur. In most cases, these changes will be minor and will not affect your holiday. However, in the event of a major change, we will advise you and you may then (a) continue the tour with the new itinerary, (b) accept an alternative of the same or similar value, or (c) cancel your holiday with a full refund. Minor changes such as slight route changes (using motorway instead of non-motorway roads are often unavoidable due to time restraints or weather, in such cases, we will not be held responsible for these changes as the decision is based upon the best interests and safety of the group). Changes to ferry destination ports may also occur with short notice, for some, this means an extended journey when disembarking the boat, Overland motorcycle tours will not be held responsible for these changes as they are beyond our control.
- When booking worldwide tours and fly-ride tours, delays and diversions may occur. Such as a flight being delayed or diverted to an alternative airport causing delays to your travel arrangements. These are beyond our control and you accept that Overland motorcycle tours are not to be held responsible or compensated in any way. You can if you wish, deal with the transport company directly to seek recovery of any losses From time to time we may increase, or decrease the price of tours advertised on the website or marketing material and social media platforms. This may happen after you have made a booking and can occur for a number of reasons, such as; promotion, offers, increase in accommodation costs, currency rates, transport arrangements, etc.
- We do not alter the price of bookings once you have made the payment or adjust your booking fee to match a newly advertised rate (unless the currency rate changes beyond our threshold – see above), or the price has decreased due to the above examples. There may come a time when we may have to increase the price of the tour due to currency rates or inflation. In such instances, you will be notified in writing by email. Usually, this only applies when the currency exchange rate falls lower than 2% in the event the FCO advise against all but necessary travel to the scheduled tour destination, forcing Overland motorcycle tours to change the tour itinerary, Overland motorcycle tours will not be held responsible for the reimbursement, in part or in whole.
- We will not be held responsible in any of the following situations: war, riots, civil unrest, terrorism, natural disaster, biological disasters, or any unforeseen cancellations due to industrial disputes and/or weather or political complications or disruptions (such as a negative impact following the Brexit deal) and safety issues or advice, this includes but is not limited to refusal into a country, through your fault or ours, for the purpose of preserving safety, mechanical failure or an accident beyond our control.
8. Offers From time to time:
Overland motorcycle tours will offer a promotional discount on a tour to fill the spaces on the tours. Such offers cannot be applied to existing bookings and are more often than not, for riders booking a tour late in the day. Your tour may have been booked months in advance, usually, this is to secure your place on the tour in the event the tour receives a high level of bookings when launched on our website or in other media. You will not be entitled to the discount offered if you have already made your booking. Canceling the tour to benefit from a promotional offer is prohibited unless you accept that you will lose your original deposit in full and make a new booking as a new customer.
9. Our Responsibilities:
- We accept responsibility for supplying as near as physically possible a tour package as described on our website tour booking pages, in our Tour Brochure or in our tour itinerary. We are unable to control any deficiencies in services due to local conditions, hotels, maintenance, industrial dispute, religion, politics, riots, terrorism, transport or weather. Occasionally routes will differ depending on weather or timescales, in such instances, we will not be held liable for these changes as they are done so in the best interests of the group as a whole. We will not be held responsible for route changes, a late arrival to the hotel, or riding on roads some may consider unsuitable, as a result of faulty navigation equipment or similar equipment not functioning as it should, in such cases the tour guide will be experienced to deal with this and we ask riders in the group to be patient. If a customer navigates along the route by choosing to do so either voluntarily or has agreed to lead the group for any reason (for example the tour guide is taken ill or unable to continue), they are responsible for their own actions and all members of the group are responsible for theirs.
- Overland motorcycle tours take no responsibility for such eventualities or any damage to a person’s vehicle, the accuracy of the route, or any injury to themselves We will ensure, the best we can, that the entire group remains together and arrives each day at our hotel.
- We are not and cannot be responsible for the actions of other riders or passengers in the group and as such, you agree not to hold Overland motorcycle tours responsible for; injury, accidents, damage to vehicles, or fatality. Similarly, Overland motorcycle tours cannot and will not be held responsible for riders who become lost, which, is why we highly recommend you ensure you have a means of arriving at the final destination each day.
- Overland motorcycle tours shall not be responsible for any other person’s belongings, possessions, vehicles or documents whilst you are on the tour.
- Where first aid is required, due to an accident or illness, Overland motorcycle tours and its tour guides are under no obligation to provide or implement first aid on an individual, however, we will do our utmost to ensure that we provide assistance to make the injured or ill party as comfortable as possible until the emergency services arrive.
- Where the situation is critical, and the tour guide has the knowledge or skill to assist, for the purpose of preserving life, you agree not to hold Overland motorcycle tours liable for any assistance provided that is deemed unsuccessful and may result in a fatality or permanent disability, etc by any representative of Overland motorcycle tours providing care to the best of their ability.
10. Your Responsibilities:
- To advise Overland motorcycle tours of any illness, infirmity, allergies, disabilities, health issues of any kind, or dietary needs that may affect your touring holiday or other riders within the group.
- If you do not disclose any issues that may pose a threat to others on the tour, or the non-disclosure affects the tour to the point it affects the enjoyment of others, the tour guide reserves the right to ask the rider to leave the tour and no refund of tour costs will be eligible.
- Be a competent rider, who is comfortable and confident they can complete the route/tour they have chosen, having carefully considered the mileage factors and style of roads, with a machine that is road legal, in serviceable condition, mechanically-sound and of a type suitable for touring and has a fuel tank capacity to ride 120 miles without refueling.
- Hold a valid, Full Comprehensive Certificate of Insurance covering machine, rider and pillion. (please check you are covered for pillion riders), where worldwide tours are concerned, we will accept third party insurance obtainable at the border.
- To ensure you have informed your local Driving license office and your insurance provider of any medical conditions prior to the tour commencement date and that you hold a full motorcycle license. Have the ability to get yourself and/or bike home, in the event of a breakdown, accident, or emergency by having suitable breakdown and recovery cover (Repatriation cover). For Tunisia and Morocco assistance can be sought from locals and it is the responsibility of the owner.
- To ensure your vehicle is secure overnight or when leaving the motorcycle unattended. Overland motorcycle tours accept no responsibility for the loss of belongings or vehicles. (We recommend you use security devices such as a; disc lock alarm, a suitably approved chain and padlock, or GPS Vehicle Tracker.) Fortunately, many of the places we visit are safe and secure.
- Ensure you have adequate cancellation insurance for your holiday.
- To ensure you settle any hotel costs before you depart the hotel, for example; mini-bar usage, room service, spa facilities, food or drink bills, parking fees.
- Any damage to your hotel room must be reported immediately to your tour guide. You will be liable for the full repair costs.
- If you don’t settle your hotel bill for additional services, for example; food, room service, mini bar, laundry or drinks, etc, Overland motorcycle tours will charge £50.00 (plus VAT) admin fee in addition to invoicing for the total cost. Failure to pay within 14 days of returning from the tour will incur a late payment charge of £40.00 and a further £1.00 per day for each day the bill remains unpaid for a maximum of 30 days, after which time we will begin legal action to recover our losses.
- Customers are asked not to take items from the room when checking out, this includes; towels, sandals, slippers, robes, pillowcases, pillows, blankets, electrical items, etc. We also ask you not to use the hotel towels to clean your bike!
- Any charges issued for loss of items from the room will be passed onto the room occupants with additional admin fees of £50.00 (plus VAT) per person You are fully liable for your own actions whilst on the tour, and you agree, that Overland motorcycle tours shall not be held responsible in part or in whole, in any way, for any damage caused to you, your belongs or your vehicle. This includes; as a result of theft or damage caused by another rider in the group, including the tour guide or representative of Overland motorcycle tours, other than what is legally bound by the insurance cover provided for both vehicles.
- Overland motorcycle tours are not and will not be responsible for any speeding offences you may be issued and that you agree to travel at a safe speed in accordance with the local law, and in which you are comfortable with
- When participating on a tour it is your responsibility to ensure you understand additional costs, this includes but not limited to: Tolls, vignettes, fuel, food, parking fees and room service as well as WiFi, if it is not free. We may not advertise all these costs on the tour booking page or in our itinerary as it is difficult to judge how much it is likely to be. You as the customer are responsible for these costs, which, are not unreasonable expenses to expect whilst travelling. Overland motorcycle tours shall not be liable for reimbursement of any additional expenses such as those listed above, used as examples, and are under no obligation to compensate for any of these costs being incurred when you might not have budgeted for them.
- You are prohibited from publicly sharing any content provided to you by Overland motorcycle tours, including, but not limited to; GPS routes of the tour you are attending, tour itineraries, tour packs, or any other media or documentation belonging to Overland motorcycle tours. You agree not to share routes provided for the tour, either in their electronic format or in material form with any other person than those on the tour.
- All participants are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in the opinion of Overland motorcycle tour, it’s Tour Guides or in the opinion of any hotel manager or any other person in authority, your behavior or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately.
- In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other services immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party.
- Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make a payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
- We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
ACKNOWLEDGMENT OF RISK, RESPONSIBILITY, AND LIABILITY
By making a booking for a motorcycle Tour (“the Tour”) with Overland motorcycle tours I, the Participant, also confirm and agree that I understand and accept that:
- I have provided accurate information to Overland motorcycle tours about my motorcycle riding experience and ability and I confirm that I am a competent enough motorcyclist to participate in my chosen Tour and that I have read and understood the itinerary and am comfortable with the mileage and roads I will be ridding on. Where for example you have booked an off-road tour, high mileage tour, or a tour that falls under the category of “an Adventure tour”, such as Morocco, Tunisia, or Vietnam as an example, we will assume you have the relevant experience to participate
- I am adequately fit and physically capable to undertake the program set out in my itinerary and have no medical condition which would affect my participation in the Tour other than any I may have disclosed at the time of booking.
- I am required to follow all reasonable instructions from Overland motorcycle tours, its Tour Leader, employees or agents. I understand that if I fail to comply with these instructions, Overland motorcycle tours, the management or the tour leader, reserves the right to suspend my involvement in the Tour immediately and that I shall not be entitled to any refund of any amounts I have paid to Overland motorcycle tours for participating in the Tour or any other costs incurred by me as a result of my having to leave the Tour.
- The decision of the Tour Leader is final and binding, including any decisions made by the Tour Leader to change the itinerary at short notice or suspend myself or a member of my party from the Tour, and I will respect and comply with any such decision. Verbal or physical abuse will not be tolerated and as such, I agree that verbally or physically abusing the tour leader will result in my participation on the tour being suspended with immediate effect and that Overland motorcycle tours reserve the right to inform the local authorities or press charges against that individual if any acts of violence have been carried out.
- I am solely responsible for my possessions. Overland motorcycle Tours accepts no liability for any damage to or loss of my property whilst taking part in the Tour, except where such loss or damage was as a direct result of Overland motorcycle tours negligence (I agree I will need to prove, without doubt, that the tour guide intended to cause damage, loss or harm). Any belongings or equipment carried by the tour leader or while being transported by a support vehicle will be done so at your own risk and as such Overland motorcycle tours will not be held responsible for loss or damage of the belongings
- Where I have requested to hire a motorcycle, I acknowledge that the motorcycle for this Tour is more likely rented from a local third party supplier, under the terms and conditions of the third party. I understand that I am responsible for using the motorcycle in accordance with the local rental agreement and that I will have to pay for any damage caused to the motorcycle directly to the local third party supplier before the tour ends and I do not hold Overland Motorcycle Tours liable for the damages.
- I am required to comply with all statutory and legal requirements when participating in the Tour, including but not limited to all road traffic, licensing, and driving laws. 11.8. I have provided emergency contact details to Overland motorcycle tours and authorize Overland motorcycle tours to contact that person(s) in the event of an emergency.
- In cases of emergency, I authorize Overland motorcycle tours, their Tour Leader, employees, or agents as applicable to arrange any necessary medical or surgical treatments and to sign any required form of consent on my behalf. I accept that I am responsible for reimbursing Overland motorcycle tours any additional expense they incur on my behalf relating to my medical treatment or repatriation due to my injury, illness, or other medical condition.
For all tours you MUST have the following documents:
- Valid Passport must have at least 6 months remaining by the time you return. We would also advise you to check with your passport office for any information including visas that may need to be applied for in advance relating to the country/countries that you are traveling to.
- Insurance cover for your bike – must include repatriation in the event of an accident or serious breakdown (Morocco and Tunisia Tours are an exception)
- Personal Travel Insurance for yourself and pillion (if appropriate). This must include medical cover including any possible repatriation in the event of serious illness or accident. We also recommend you include cancellation cover.
- Full motorcycle license or a license that entitles you to ride the same bike you will be riding in your home country.
- Breakdown and Personal Insurance are compulsory on our European tours and we may require evidence of policies before departure. Ensure you have adequate insurance for your holiday.
Extra notes if starting from the UK:
- European Driving permit valid for the country/countries that you are traveling to. European Health Insurance Card (EHIC) (can be obtained online or by phoning 0845 6062030, or by post from any main Post Office) Note: E111 Certificate is no longer valid
- Original V5 Registration Document (Do not bring a copy for example when traveling to Morocco/Tunisia)
- MOT document if required (where the bike is more than 3 years old)
Marketing, Social, Media, and Promotions:
- Unless informed otherwise by you in writing, you agree to Overland motorcycle tours; using images or video of yourself or your motorcycle taken on a tour by Overland motorcycle tours tour guide(s) and other customers on tour to be used for marketing and promotional purposes. This may include but not limited to; social media, social chat rooms such as Whatsapp, internet websites, blogs, or marketing material such as leaflets and posters or promotional videos.
- Images or video provided by you or shared by you in social chat rooms such as Whatsapp, will not be shared with any other companies or organizations without your express and written permission.
- The images or video was taken by us may contain images of your face, motorcycle, and vehicle registration. You agree that Overland motorcycle tours shall not be held responsible in the unlikely event the content is misused by another member of the public or other organization.
- You also agree that Overland motorcycle tours have your pre-approval and permission to add your mobile number and name to our WhatsApp groups created only and specifically for the purpose of allowing members of your chosen tour to communicate freely with each other. If you do not want us to add you to this group please let us know in writing (email is acceptable).
- By agreeing to these terms you also agree that you will be added to a third-party app, namely, Dropbox or Google Photos, so that we and others on the tour you have booked on can share images and or video of the tour. If you wish to be omitted from this list you can simply delete yourself from it at any time.
Self Guided Tours:
- Self-Guided tours may be subject to supplementary charges when booked between 15th July – 15th September and during school holiday periods or national holidays due to price increases from hotels and transport, such as; Euro Tunnel and Ferry/flight companies. It is recommended you check dates and price differences with us prior to booking during these times.
- Self-Guided Motorcycle Tours are non-refundable. All Self-Guided Motorcycle Tours’ accommodation and travel arrangements are confirmed and paid for in advance when the tour is booked, therefore deposits or reimbursement of the tour cost is already allocated and therefore non-refundable.
- We strongly advise that you take out holiday travel insurance. If you are to cancel your tour, you agree not to seek reimbursement or compensation from Overland motorcycle tours, this includes; cancellation due to political issues, terrorist activity, train, ferry or flight issues, war, riots, civil unrest, terrorism, natural disaster, biological outbreak, or any unforeseen cancellations due to industrial disputes, transportation problems, weather or any other natural disaster.
- In such cases, you will need to make a claim from your holiday travel insurance provider.
- We will not be held responsible for navigational issues, vehicle breakdown or failure, delays, cancellations or other matters beyond our control that may affect your experience when on the tour.
The release of Liability, Covenant Not to Sue, Waiver, and Agreement:
- I acknowledge that I understand that motorcycle riding and touring is hazardous and may result in serious injury or death. I understand that this activity in which I am voluntarily participating has inherent risks (including death, loss of limb and permanent disability, and damage to or loss of property) that I assume.
- I certify that I am duly licensed and competent to operate a motorcycle in a safe manner, and the vehicle I will be operating during the tour is in safe and legal operating condition.
- I am solely responsible to determine the speed and operational characteristics of my motorcycle and my ability as a motorcycle operator while participating in the tour. I hereby agree to expressly and voluntarily accept and assume all risks involved in operating a motorcycle or participating as a motorcycle passenger while participating in a tour with Overland Motorcycle Tours.
- I hereby covenant, as a motorcycle operator or motorcycle passenger, not to sue Overland Motorcycle Tours, their owners, agents, employees, officers, directors, managers and representatives for any and all loss or damage including property damage or loss, personal injury, permanent disability and/or death, arising out of my participation in this activity (including but not limited to riding, touring, transportation to and from the activity, and at all lodging and stops).
- Overland Motorcycle Tours makes no warranty regarding conditions, the safety of roadways, weather, lodging or stops, and I assume all risk that the conditions, safety of roadways, weather, lodging or stops are other than what is expected.
- I understand and agree that Overland Motorcycle Tours is acting as my agent only to provide guidance as to routes, and I hereby release and hold harmless Overland Motorcycle Tours its owners, agents, assigns and heirs against any and all claims, causes of action, or any other liability of any kind arising from my operation of a motorcycle, or as a motorcycle passenger during my activity of motorcycle touring.
- I agree to abide by all tour requirements regarding the safe and legal operation of motorcycles, no use of alcohol or drugs and agree that any violation of these requirements will result in the termination of my participation in the tour without recourse or refund.
- I certify that I have no known physical or mental impairment that may affect my safety or the safety of the group. I understand that, subsequent to state and local regulations, the choice of wearing a helmet or other protective gear is solely my own and that Overland Motorcycle Tours most strongly recommends its tour participants to wear protective gear.
- Further, I certify that I am not under the influence of alcohol, any narcotic, or other drugs that may impair my understanding or judgment.
- I acknowledge that I have read this liability waiver and agreement and that I am waiving any claim as set forth herein for myself, my spouse, personal representatives, assigns, heirs and next of kin.
- In consideration of being permitted to participate in the tour, I hereby release, waive, hold harmless, discharge, and agree to indemnify Overland Motorcycle Tours, their owners, agents, employees, officers, directors, managers and representatives from any and all liability to me, my spouse, personal representatives, assigns, heirs and next of kin for any and all claims, demands, liability, loss or damage (including property damage or loss, personal injury, permanent disability and/or death), in any way resulting from or arising in connection with this activity.
- I hereby agree to fully assume the risk and full responsibility of bodily injury, permanent disability, death or property loss or damage due to the negligence of those being released herein, and on behalf of myself, my spouse, my personal representatives, assigns, heirs and next of kin.
- I acknowledge and agree that there are inherent risks of serious bodily injury and/or death and the purpose of this liability waiver and agreement is to be as broad and inclusive as permitted by the law and that if any portion hereof be held invalid, I do expressly agree that the balance shall notwithstanding, continue in full legal force and effect.
- I further agree to the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial trade, advertising, and any other purpose and in any manner and medium.
I confirm that I have read, understood, and agree to the contents of this Acknowledgement and that I am 18 years of age or older.
In the event of a complaint, in the first instance, you should approach the tour representative. If you still consider that your complaint has not been properly addressed, you should put your comments in writing and send them to firstname.lastname@example.org
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