The following terms and conditions of travel shall form an integral part of the travel contract entered into between a client and the Edelweiss Bike Travel Reise GmbH (hereinafter referred to as “EBTR”) which the bookers conclude with EBTR as the operator either directly or via an agent. Nevertheless, terms and conditions mentioned separately in the different travel offers take in any case priority.
1. Booking and payment
By signing up for the tour, the client offers to EBTR to bindingly conclude a travel contract. The contract shall enter into force upon the written travel confirmation of EBTR. Upon booking, at the earliest, however, eleven months before the end of the tour, a down payment of EUR 500.00, however, a maximum of 20 % of the travel price, shall be made. The outstanding payment of the tour price shall be made without any additional request at the earliest 20 days before the start of the tour upon delivery of the tour documents. In case of procured journeys, the payment conditions of the respective operator or, respectively, service provider shall apply. EBTR reserves the right to withdraw from providing the service in case of default of payment of the customer.
2. Change of traveller
The person of the traveller may only be changed if the substitute person complies with all conditions for the participation and the change can be made in two forms.
2.1. Assignment of the claim to travel service
The obligations of the booker arising out of the travel contract shall continue to apply if he assigns all or individual claims resulting from this contract to a third party. In this case, the booker shall bear the additional costs resulting therefrom; he shall in any case pay at least EUR 70.00.
2.2. Transfer of the travel event
If the customer is prevented from starting to go on a journey, he shall be permitted to transfer the contractual relationship to another person. EBTR shall be notified of the transfer either directly or via an agent within a reasonable time limit of at least 7 days before the departure date. The person transferring and the substitute person shall jointly be responsible for the remuneration still outstanding as well as, if applicable, for the additional costs incurred by the transfer, in any case to pay at least EUR 70.00.
3. Legal bases in case of default in performance
In case of a service not provided or provided defectively, the customer shall have a claim to warranty. The customer agrees that EBTR instead of fulfilling his claim to conversion or price reduction provides another service free of defects or improves the defective service within a reasonable time limit. The defect can be rectified by remedying the defect or by providing an equivalent replacement service or a replacement service of higher value that is subject to the customer’s express consent.
3.2. Compensation for damages
If EBTR or one of its assistants culpably violates the obligations of EBTR arising out of the contractual relationship, EBTR shall be obliged vis-à-vis the customer to compensate the damage resulting therefrom. Insofar as EBTR is responsible for persons other than its employees, EBTR shall – apart from cases of a personal damage – only be liable if it does not proof that it is neither culpable for intent nor for gross negligence. Except for intent and gross negligence, EBTR shall not be liable for any objects that are normally not brought along to a motorcycle or, respectively, a bicycle tour, unless EBTR has kept them in safe custody in knowledge of the circumstances. It is thus recommended to the customer not to bring along objects of a special value. Furthermore, it is recommended to duly hold the objects brought along in custody.
3.3. Notice of defects
The customer shall notify the representative of EBTR on the spot without delay of any defect regarding the performance of the contract which he gains knowledge of during the journey. If the customer does not comply with this obligation, this can be considered as contributory negligence and insofar reduce his possible claims for damages.
3.4. Assertion of possible claims
In order to facilitate the assertion of claims, the customer is advised to obtain written confirmations attesting that services were not provided or provided defectively and, respectively, to gather proof, evidence, witnesses. In the interest of the traveller, it is recommendable to assert claims without delay after having returned from the journey directly vis-à-vis EBTR or via the procuring travel agency since it can be expected that the more time passes by the more difficulties of gathering evidence will arise.
4. Withdrawal from the contract
4.1. Withdrawal from the contract by the customer before the start of the journey
a) Withdrawal from the contract without cancellation charge
Apart from withdrawal rights stipulated by law, the customer may withdraw from the contract in case of a considerable increase of the travel price by more than 10 % according to section 5.1. of the contract without substantiating a claim for EBTR against him.
b) Claim to replacement service
Provided that the customer did not exercise the right of withdrawal according to lit. a and provided that EBTR cancelled the journey without any fault of the customer, he may instead of reversing the contract demand its fulfilment by participating in an equivalent other travel event if EBTR is able to provide this service.
c) Withdrawal from the contract with cancellation charge
The amount of the cancellation charge shall be based on the time the withdrawal is declared. The travel price shall be the total price of the service agreed upon in the contract. The customer shall in any other cases not mentioned in lit. a be entitled to withdraw from the contract by paying a cancellation charge and sending a written notice to EBTR. The following cancellation rates shall apply per person: - until 60 days before the start of the journey EUR 200.00; - from 59 to 42 days before the start of the journey EUR 350.00; - from 41 until 31 days before the start of the journey 30 % of the travel price; - from 30 days before the start of the journey onwards 100 % of the travel price. It is recommended taking out a travel cancellation insurance. A one-time rebooking at the latest 60 days before the start of the tour shall be possible free of charge. After having realized a rebooking, the cancellation charge amounts to at least EUR 350.00 per person.
It shall be considered no-show if the customer fails to appear on the departure date because he is not willing to travel or if he misses the departure because of negligence imputable to him or because of a coincidence that occurred to him. If it is moreover ascertained that the customer can no longer or no longer wants to make use of the remaining travel service, he shall pay 100 percent of the travel price.
4.2. Withdrawal from the contract by EBTR before the start of the journey
a) EBTR shall be released from its obligation to fulfil the contract if a certain minimum number of participants specified in the description a priori is not achieved and if the customer was informed on the cancellation within the time limits indicated in the description of the travel event or within the following time limits: - until 30 days before the start of the journey in case of journeys of more than 6 days; - until 20 days before the start of the journey in case of journeys of up to 6 days.
b) The cancellation is caused by force majeure, that is to say due to unusual and unforeseeable events which cannot be influenced by the person claiming force majeure and the consequences of which could not have been avoided despite exercising due care. However, this shall not include overbooking; nonetheless, governmental orders, strikes, war or war-like conditions, epidemics, natural disasters, etc. shall be considered force majeure.
c) In cases a) and b), the customer shall be reimbursed the amount already paid. He shall be entitled to choose the option according to 4.1.b, paragraph 1.
4.3. Withdrawal from the contract by EBTR after the start of the journey
EBTR shall only be released from its obligation to fulfil the contract if the customer despite of a warning within the framework of a group trip durably impairs the performance of the journey by grossly improper conduct. EBTR shall also be released from its obligation to fulfil the contract if the ability to drive of the customer does not suffice. In this case, the customer – provided that the fault lies with him – shall be obliged to compensate the damage to EBTR.
5. Amendments of the contract
5.1. Price changes
EBTR reserves the right to increase the travel price confirmed in the booking for reasons which do not depend on its will provided that the travel date is more than two months after the conclusion of the contract. Such reasons shall exclusively be deemed the change of transport costs such as fuel costs, of fees for certain services such as docking, embarkation or disembarkation fees in harbours and of corresponding fees at airports or of the exchange rates applicable to the travel event concerned. From 20 days before the departure date onwards, no price change shall take place. In case of changes of the travel price by more than 10 percent, the customer may in any case withdraw from the contract without having to pay a cancellation charge (see section 4.1.a).
5.2. Performance changes after the start of the journey
In case of changes for which EBTR is not responsible, the regulations as described in section 3. (legal bases in case of default in performance) shall apply. If it turns out after having departed that a considerable part of the contractually agreed services will not or cannot be performed, EBTR shall without any additional remuneration take reasonable precautions in order to continue carrying out the travel event. If such precautions cannot be taken or if the customer does not accept them for good reasons, EBTR shall without any additional remuneration, if applicable, offer an equivalent possibility to transport the customer to the place of departure or to another place agreed with him. Apart from that, EBTR undertakes to make every effort to assist the customer to overcome difficulties if the contract is not fulfilled or if it is fulfilled defectively.
6. Provision of information to third parties
Information about the names of the travellers and of the whereabouts of travellers must also not be disclosed to third persons in urgent cases, unless the traveller has expressly requested to have information disclosed. The costs caused by the transmission of urgent messages shall be borne by the customer. The travellers are hence advised to inform their relatives about the exact holiday address.
7. Provisions relating to passports, visas, foreign currencies, customs duties and sanitary police
It is presumed to be known that generally a valid passport is required to travel abroad. EBTR shall inform the customer on the respective additional foreign entry provisions relating to passports, visas and sanitary police as well as upon request on provisions relating to foreign currencies and customs duties insofar as they can be accessed in Austria. Apart from that, the customer himself shall be responsible for observing these provisions. As far as possible, EBTR shall against remuneration take care of obtaining any necessary visa. Upon request, EBTR shall as far as possible provide information on particular provisions for foreigners, stateless persons as well as holders of dual citizenships. Any disadvantages arising out of the non-fulfilment of the aforementioned provisions shall be for the account of the tour member.
8. Vehicle rental
8.1. Motorcycle rental
The motorcycle rental of the respective booked category shall form the subject-matter of the service provided by EBTR. The state of the vehicles conforms to the respective country-specific circumstances. The customer shall in any case not have a claim to be provided with a new vehicle or a vehicle with full equipment. In order to take possession of the rental vehicle, the customer shall dispose of a valid driving licence for the rental vehicle. This proof shall be provided at the start of the tour. If this obligation is not complied with, EBTR reserves the right not to provide the rental vehicle and to exclude the tour member from participating in the tour. In this case, EBTR shall not be obliged to reimburse paid services of any kind whatsoever and shall not be liable for additional costs which are incurred by the customer due to this circumstance. The equipment of the booked vehicles varies from tour to tour and from rental station to rental station. No conclusions may be drawn from the images of vehicles used in the sales documents of EBTR as regards the equipment of the vehicles. More detailed information concerning the rental vehicles and their equipment is available upon request directed to EBTR. EBTR shall endeavour to provide the tour member with the requested vehicle model, however, it reserves the right to replace it with a comparable vehicle model in case of an unforeseeable situation such as a technical defect, an accident, a theft or a similar incident. If EBTR is unable to provide a comparable vehicle model, EBTR shall reimburse to the tour member the difference between the daily rate of the vehicle and the booked vehicle model. Any other liability on the part of EBTR shall hence be excluded. When renting a vehicle, the customer shall additionally be obliged to pay a security deposit when taking possession of the vehicle. The amount of the security deposit conforms to the respective excess of the vehicle insurance which the customer undertakes to pay in case of an insured event. This security deposit shall be reimbursed when the vehicle is returned undamaged. Some rental stations on site demand an additional rental contract which is concluded on site at the respective rental station. We will forward such a rental contract upon request before the tour is booked. The rental period is not interrupted if the vehicle cannot be used, to whomsoever the fault is attributable, or if the renter is not fit to drive. EBTR shall not be obliged to replace a damaged vehicle during a tour. In case of a technical defect of the rental vehicle, the customer undertakes to inform the local contact person of EBTR without delay.
8.2. Bicycle rental
The bicycle rental shall form the subject-matter of the service provided by EBTR. The state of the bicycles conforms to the respective country-specific circumstances. The customer shall in any case not have a claim to be provided with a new bicycle. No conclusions may be drawn from the images of bicycles used in the sales documents of EBTR as regards the equipment of the bicycles. More detailed information concerning the rental bicycles and their equipment is available upon request directed to EBTR. The rental period is not interrupted if the renter is not fit to ride the bicycle, it is neither interrupted if the bicycle cannot be used, provided that the fault is not attributable to EBTR. EBTR shall only be obliged to replace a damaged bicycle during a tour if the fault of the damage lies with EBTR. In case of a technical defect of the rental bicycle, the customer undertakes to inform the local contact person of EBTR without delay.
9. Own vehicle
Tour members who participate in an EBTR tour with their own vehicle shall themselves be responsible for guaranteeing a state of their vehicle which conforms to the law and a perfect technical condition. In case of default in performance on the part of EBTR which is due to the failure of the customer to comply with this state, the customer shall be obliged vis-à-vis EBTR to reimburse any damage that might be caused. The customer shall bear any costs additionally incurred (e.g. for recovering a vehicle, for safely parking the vehicle under a roof, for remedying technical defects, etc.). EBTR cannot offer a vehicle insurance to customers who participate in a tour with their own vehicle.
10. Driving licence and ability to drive
By completing the booking, the customer declares to possess a driving licence valid for the time of the journey and for the vehicle used in the tour and to dispose of the required ability to drive to have full control over the vehicle in order to drive safely on the tour itinerary. The customer shall inform EBTR without delay on any and all changes regarding his driving licence which have an influence on his tour participation (e.g. revocation of driving licence, etc.). If it turns out after the booking and before the start of the journey that the customer does not dispose of a driving licence valid for the duration of the journey, EBTR shall be released from its obligation to continue to fulfil the contract by invoicing the cancellation rates indicated under point 4.1.c of these terms and conditions. If it turns out after the start of the journey that the customer does not dispose of a driving licence valid for the duration of the journey or does not have the necessary ability to drive to have full control over the vehicle in order to drive safely on the tour itinerary, the legal consequences of point 4.3. shall apply.
11. Local provisions
The customer shall participate in the road traffic of the respective tour destination on his own responsibility and undertakes to observe the provisions of the local traffic regulations. Penalties, administrative fines or similar sanctions as well as damages to legally protected interests of third parties which are due to the non-compliance with local traffic regulations shall be for the account of the customer.
12. Health, alcohol and medicine
Please note that a good general state of health corresponding to the respective tour description is a prerequisite for participating in the tour. Tour members who do not fulfil these prerequisites can be excluded from participating in the entire tour or in individual legs of the tour without substantiating a claim vis-à-vis EBTR. It is in any case recommended to consult a doctor before the tour starts. In case of doubts regarding the state of health of the tour member, EBTR shall upon its request be presented a medical certificate.
The customer shall not be allowed to consume alcoholic beverages and, respectively, take medicine or other substances which influence the fitness to drive during the day as long as he still has to drive the vehicle. This shall also apply to customers who participate in the journey as passengers. It shall only be permitted to drink alcoholic beverages after the end of the respective day tour and after the vehicle has been parked for the night. If alcohol is consumed or if medicine and other impairing substances are taken after the end of the respective day tour, the customer shall ensure that the condition impairing the fitness to drive no longer exists on the next morning at the beginning of the day tour. In case of non-compliance, the legal consequences of point 4.3. shall apply.
13. Off-road driving
Off-road driving with vehicles provided by EBTR shall not be permitted outside of the itinerary determined by EBTR in the individual case. It shall neither be permitted to improperly use the rental vehicles. The customer shall fully bear the damages caused by unauthorized off-road driving and an improper use without an excess.
The customer shall in any case be liable for all personal and material damages he culpably causes and hold EBTR harmless from all claims of third parties which are asserted directly vis-à-vis EBTR in connection with such damages. Damages culpably caused by the customer shall in particular, but not exclusively, be damages which are due to driving errors, a lack of ability to drive and, respectively, improper driving behaviour (e.g. driving with the front wheels coming off the ground, racing starts with spinning tyres, non-compliance with safety distances, etc. - driving on walkways, etc.) and driving in a condition impairing the fitness to drive.
15. Own responsibility
The guide provided by EBTR only determines a rough itinerary which the customer shall follow on his own responsibility and the customer shall be obliged to adjust his style of driving to the respective prevailing circumstances and his ability to drive. If the customer is unable to follow an itinerary, he shall stop to continue driving and inform the guide without delay. The customer alone shall be responsible to duly stow away the luggage on the vehicle. Any liability of EBTR for this case shall be excluded. It is recommended not to bring along personal valuables and documents storing them in the vehicle (side pockets, etc.) but to keep them in a bag tight to the body.
16. Room numbers
For some journeys, a limited amount of single rooms is available. They are allocated according to the order of incoming bookings expressly requesting single rooms. If a booking of an individual person includes the request to share a double room with another traveller, EBTR shall make an effort to find a room-mate for that person. If it does not succeed, the price of a single room will be invoiced.
17.1. Travel insurance
EBTR recommends taking out a travel insurance to cover withdrawal costs, travel luggage, accident, illness and public liability.
17.2. Vehicle insurance for EBTR motorcycles
Upon request of the customer, EBTR shall draft an offer for taking out an extended travel insurance to reduce the excess of the vehicle insurance.
17.3. Insolvency insurance
According to the Ordinance on Insurances of Travel Agencies (Reisebüroversicherungsverordnung, RSV), customer funds are in case of package holidays of the operator secured under the following conditions: The down payment is made at the earliest eleven months before the agreed end date of the journey and amounts to a maximum of 20 % of the travel price. The remaining payment is made at the earliest 20 days before the journey starts concurrently against delivery of the travel documents to the traveller. Down payments exceeding the amount specified above or realized early and, respectively, remaining payments cannot be claimed and are also not secured. EBTR has secured all participants in case of an insolvency of EBTR by means of a bank guarantee with the liability number 1.302.512, deposited at the bank Tiroler Sparkasse, Sparkassenplatz 1, 6010 Innsbruck, Austria. It is the travel price already paid which is secured, limited by the total guarantee sum. If this sum does not suffice to fulfil all claims, the participants’ claims shall be complied with by aliquots. Any and all claims of participants have to be reported to the following institution within 8 weeks upon occurrence of an insolvency, otherwise the claim will be lost:
Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, Austria, tel.: +43 (1) 317.2500, fax: +43 (1) 319.9367
18. Data protection and copyright
The photographs, diapositives and videos produced by representatives of EBTR during the tours are the property of EBTR under copyright law. EBTR shall be entitled to use this material for advertising purposes, even if the participant is recognizable on it, without incurring any costs for EBTR owed to the participant. EBTR shall be entitled to disclose names, addresses and contact data of the participant to other tour members and to partners of EBTR who can use these names and addresses for advertising purposes, unless the participant expressly refuses this disclosure in writing.
19. Weather conditions and itinerary
Due to seasonal circumstances and current weather conditions, EBTR reserves the right to change the tour itinerary and thus the accommodation and other services, if necessary. In doing so, EBTR shall make an effort not to change the nature of the tour and to provide equivalent services. EBTR shall make an effort to fix the tour dates on dates on which the weather conditions for a vehicle journey in the respective tour region are favourable. EBTR shall not bear any responsibility for bad weather conditions which might occur; insofar the participant is not entitled to claim the reimbursement of the tour and rental price. Different participants take part in EBTR journeys. Naturally, the ability to drive of the individual participants differs and the customer undertakes to show consideration for the other participants. If the ability to drive of a participant is not sufficient, EBTR shall be released from its obligation to fulfil the contract according to point 4.3.
20. Special provisions for Edelweiss World Tours, Edelweiss Discovery Tours and Edelweiss Stage Tours
If the customer books an Edelweiss World Tour, an Edelweiss Discovery Tour or an Edelweiss Stage Tour, the following special provisions shall apply:
a) Booking and payment:
By signing up for the tour, the customer offers to EBTR to bindingly conclude a travel contract. The contract shall enter into force upon the written travel confirmation of EBTR. Upon booking, a down payment amounting to 10 % of the travel price shall be made. The remaining payment shall be made without any additional request as follows:
- 9 months before the start of the tour 36 % of the travel price
- 6 months before the start of the tour 36 % of the travel price
- 3 months before the start of the tour 18% of the travel price
In case of procured trips, the payment conditions of the respective operator or, respectively, service provider shall apply. EBTR reserves the right to withdraw from providing the service in case of default of payment of the customer.
b) Change of traveller:
In case of an assignment pursuant to point 2.1. of the general terms and conditions of travel or a transfer pursuant to point 2.2. of the general terms and conditions of travel, the additional costs incurred shall in any case amount to at least EUR 350.00. The reasonable time limit for a transfer pursuant to point 2.2. of the general terms and conditions of travel shall at least be three months before the departure date.
c) Withdrawal from the contract by the customer before the start of the journey with cancellation charge:
In derogation of point 4.1.c of the general terms and conditions of travel, the following cancellation charges shall apply to vehicle journeys:
- until 12 months before the start of the journey EUR 1,500.00
- less than 12 months until 9 months before the start of the journey 10 % of the travel price
- less than 9 months until 6 months before the start of the journey 60% of the travel price
- less than 6 months before the start of the journey 100% of the travel price.
It is recommended taking out a travel cancellation insurance.
d) Point 8 of the general terms and conditions of travel concerning the vehicle rental shall not apply. If a vehicle of EBTR is used, it will be sold pursuant to the general terms and conditions of rental. The following points will additionally be included in the general terms and conditions of the Edelweiss World Tour, the Edelweiss Discovery Tour or the Edelweiss Stage Tour.
The participant undertakes to possess throughout his entire participation current and valid documents which are required in order to participate in the tour and which are issued on the name of the participant. This also refers to the vehicle of the participant. These documents are, however, not exclusively: a passport, at least valid until 6 months after the end of the tour; a driving licence of the home country, an international driving licence, at least valid until the end of the tour; a proof of ownership, an automobile registration and an insurance for the vehicle of the participant; a Carnet de Passage (where necessary); a proof of vaccination (where necessary); a visa (where necessary).
f) Particular risk related to the Edelweiss World Tour, the Edelweiss Discovery Tour or the Edelweiss Stage Tour:
The booking of the participant is based on the condition that the participant is fully aware of the fact that extra dangers and risks in addition to the usual dangers and risks of a motorcycle journey may be involved when participating in the Edelweiss World Tour, the Edelweiss Discovery Tour or the Edelweiss Stage Tour. These dangers and risks are, however, not exclusively: physical strain for which the participant is not prepared; extreme weather conditions suddenly occurring; isolation from normal basic medical care; problems with transport or evacuation after accidents.
The participant is fully aware of the fact:
f.1) that the joy and enthusiasm of participating in the Edelweiss World Tour, the Edelweiss Discovery Tour or the Edelweiss Stage Tour is partly due to the incalculable risk of riding a motorcycle across less developed countries and engaging in activities which represent a significantly higher safety risk than those at home. The enthusiasm for these incalculable risks is a decisive reason why the participant books the tour.
f.2) that participating in the Edelweiss World Tour, the Edelweiss Discovery Tour or the Edelweiss Stage Tour basically requires a high level of flexibility and the ability of the participant to accept alternatives such as, but not exclusively: the fact that the destination of the day cannot be reached; itinerary and hotel changes; illness of the guide or of a participant; mechanical defects; changes of flights; strikes; difficulties in crossing the border and other unforeseeable incidents.
f.3) the luggage and property is brought along to the journey by the participant on his own responsibility.
f.4) the countries we cross are at least most of the time less developed and that the local safety awareness differs considerably from our safety awareness at home. The participant accepts all consequences impacting his health which arise out of such different behaviour patterns, lifestyles, traffic behaviour and cultures.
By participating in the Edelweiss World Tour, the Edelweiss Discovery Tour or the Edelweiss Stage Tour, the participant expressly declares to accept the authority and the decisions of the tour guides, the team accompanying the tour and the EBTR employees during the journey. If one of these persons decides that due to the state of health or, respectively, the behaviour of the participant the continuation of the tour is at risk, the participant may be excluded from continuing to participate in the tour.
21. Applicable law
The contractual relationship of the customer with EBTR shall be governed by Austrian law.
22. Place of performance and place of jurisdiction
The place of performance shall be the registered office of EBTR. Unless mandatorily required by law, the exclusive place of jurisdiction for all disputes arising out of the contractual relationship between the customer and EBTR shall be Innsbruck, Austria.
Oral agreements with an agency of EBTR, with EBTR or with a tour guide of EBTR shall only be effective if they have been confirmed by EBTR in writing. Tour guides shall not be entitled to give undertakings which diverge from the travel contract concluded with EBTR. Typographical and calculation errors may be corrected by EBTR at any time. If individual provisions of these travel terms and conditions are legally invalid, this does not make the remaining provisions invalid.
The following terms and conditions of rental shall form an integral part of the lease agreement entered into between a customer and the Edelweiss Bike Travel Reise GmbH (hereinafter referred to as “EBTR”) which the bookers (lessees) conclude with EBTR as the lessor either directly or via an agent.
1.1. The lessee and thus the person responsible for the motorcycle shall be the signatory of the agreement, irrespective of who booked it and/or who pays the rental fees.
1.2. The rental motorcycle may only be driven by the lessee, that is to say by the person specified on the confirmation of rent. The rental motorcycle must not be placed at the disposal of third parties.
1.3. The lessee undertakes to only drive the rental motorcycle if at the time and place of leasing it he disposes of a valid driving licence and complies with other legal conditions in force for the operation of a vehicle at the time and place of leasing. Furthermore, the lessee shall be obliged not to drive the vehicle if he is overtired or under the influence of alcohol, drugs, medication or any other legal or illegal substances which impair consciousness or ability to react.
1.4. The lessee shall strictly be forbidden to pledge or sell the motorcycle or to otherwise dispose of the motorcycle or its parts, equipment, accessories and documents which could infringe the lessor’s property right or any other right he is entitled to regarding the motorcycle.
EBTR is the sole proprietor of the motorcycle specified in the lease agreement. Its employees and tour guides shall be entitled to act in the name of the company with respect to this lease agreement. Any attempt to transfer or sublet the motorcycle by any other person than EBTR shall be void.
3.1. The temporary provision of the booked motorcycle and the additional equipment shall form the exclusive subject-matter of the lease agreement.
3.2. The rental fee includes vehicle taxes, liability insurance and lubricants, not, however, the fuel. In case of a kilometre limit: exclusively the speedometer shall be decisive for calculating the kilometres covered. If the speedometer fails to work or if a seal is damaged, the lessor shall immediately be notified. In case he is not or not immediately notified, the lessor shall be entitled to invoice a driving distance of 500 km per rental day. The same shall apply if the lessee intentionally damages the speedometer or the seal. This shall not affect the option of the lessee to proof a lower kilometrage.
3.3. An excess possibly due within the framework of the motorcycle insurance shall be put down for the motorcycle in form of a security deposit in cash or by credit card (Mastercard, Visa) before the beginning of the rental.
4. Booking and payment
Upon leasing, a down payment conforming to the expected rent shall be made. The remaining rent shall be due and payable when returning the vehicle. In case of default of the lessee, the lessor shall be entitled to claim a reminder charge amounting to 2.00 € from the second reminder onwards as well as to claim 4 % of default interests. If the lessee does not take possession of the motorcycle despite of the booking or on the agreed date, the lessor may claim damages instead of the performance. This shall not affect the option of the lessee to proof that no or a smaller damage caused by default was caused.
5. Delivery and return of the motorcycle:
5.1. EBTR shall deliver the motorcycle in a good general and operating state completely with all required documents, parts and accessories.
5.2. Return of the motorcycle:
The motorcycle shall personally be returned to the lessor or its contact person in situ (tour guide) at the agreed time and in the same state the motorcycle was rented together with the same documents and the same accessories, namely at the place and date and time defined in the lease agreement or otherwise in any case during the normal business hours. If the motorcycle is returned outside the agreed times or, respectively, outside the normal business hours, the customer shall remain fully responsible for loss, theft or damage of the motorcycle until the rental station opens. Before returning the motorcycle, the customer is obliged to fill up the fuel tank.
If the motorcycle is very dirty, the lessor shall have the right to charge to the lessee the costs for cleaning the vehicle.
If the return day agreed upon is not complied with, the lessee shall be obliged to pay the basic price per day for every commenced calendar day as a compensation. This does not affect the option of the lessee to proof that the lessor was not caused a damage or caused a considerably smaller damage for exceeding the rental period.
If the lessor has to transport the motorcycle back to the place specified in the lease agreement due to a damage for which the lessee is responsible, the lessor shall have the right to invoice to the lessee the costs for recovering the vehicle amounting to € 2.00 per kilometre covered.
6. Withdrawal from the contract
6.1. Withdrawal from the contract by the customer
a) Withdrawal from the contract with cancellation charge
The customer shall be entitled against payment of a cancellation charge to withdraw from the contract by sending a written notice to EBTR. The amount of the cancellation charge shall be based on the time the withdrawal is declared. The rental price shall be the total price of the service agreed upon in the contract. The following cancellation rates shall apply: - until 30 days before the rental start date 10 % of the total price; - until 15 days before the rental start date 30 % of the total price; - until 7 days before the rental start date 50 % of the total price; - from 6 days before the rental start date onwards 100 % of the total price. It is recommended taking out a travel cancellation insurance.
It shall be considered no-show if the customer fails to appear on the rental start date or if he starts leasing the motorcycle late. If it is moreover ascertained that the customer can no longer make use of or no longer wants to make use of the remaining rental service, he shall pay 100 percent of the rental price. In case of a late arrival of the customer, he shall pay the entire rental price for the rental period initially planned.
6.2. Withdrawal from the contract by EBTR
The lessor may terminate the lease agreement without giving notice if he gains knowledge of a good cause rendering the continuation of the lease agreement impossible. Good causes shall in particular be false statements made by the lessee concerning his person, his creditworthiness as well as the serious violation of the contractual obligations. In case of a termination without notice, the rental motorcycle shall be returned immediately, even before the expiry of the ordinary rental period. Apart from that, claims for damages of the lessor shall not be affected.
If – in case of a withdrawal from the contract on the part of EBTR – the motorcycle can be rented out otherwise, the cancellation charges are reduced correspondingly.
7. Obligations of the lessee
7.1. The lessee shall handle the motorcycle with due care, in particular comply with the technical regulations and operating instructions as well as guarantee road safety. The lessee undertakes to control the oil, water level, tyre pressure as well as the correct tension of the drive chain on a regular basis during the rental period. During the night (10.00 p.m. until 06.00 a.m.), the motorcycle shall not be parked on public roads. The motorcycle shall in any case be locked up with the steering lock when parked.
7.2. The motorcycle shall only be used in the manner agreed upon in the contract and intended by the manufacturer. The lessee shall not be allowed to participate in motorsport events or to drive on non-public roads or, respectively, on roads of racing circuits (e.g. racing track Nürburgring-Nordschleife) even if the road traffic regulations are applicable there. Journeys abroad require the express consent of the lessor or, respectively, are regulated within the limits of use mentioned in the lease agreement. The lessee shall comply with the statutory provisions, in particular with the road traffic laws. He shall be liable for all warning charges, administrative fines and penalties including the costs incurred by the lessor which are caused during the period the vehicle is rented in his name. Insofar as EBTR is obliged to bear such fine charges and related costs, the customer agrees that EBTR invoices a reasonable administrative fee in addition to the amounts payable for taking care of these matters.
7.3. The customer undertakes to only use the vehicle if it is in perfect condition to drive. If any technical problems or damages occur, the customer shall inform EBTR without delay. The customer shall expressly not be allowed to realize repairs himself .
7.4. The customer does not carry out any technical or optical modifications concerning the rental motorcycle (e.g. stickers, adhesive films).
7.5. The rental motorcycle may not be used by the lessee for commercial purposes.
8. Liability of the lessee for damages
8.1. The lessee shall be liable in case of theft as well as for all damages which are caused to the rental motorcycle, documents, parts and accessories during the rental period unless he proofs that no fault lies with him. In case of disproportionately high tyre wear or, respectively, friction that can manifestly be ascertained due to improper use (e.g. “burn outs”), the lessee shall be liable to pay damages.
8.2. In case of damages of the rental motorcycle, documents, parts and accessories, the lessee shall be liable for the following costs actually incurred or ascertained by means of an expert opinion: repair costs, recovery and return costs, costs for experts, technical and mercantile value depreciation, loss of rent during the repair time or, respectively, in case of total loss for the replacement time; in case of theft for the replacement value. The lessee shall pay the basic fee per day for every day of loss of rent. The lessee shall have the right to proof that a smaller damage was caused.
9. Obligations and liability of the lessor
9.1. The lessor provides the motorcycle in a perfect, clean state conforming to operating and road safety as well as with undamaged seals usually fixed on the vehicle. The lessor only recognizes previous damages insofar as they were recorded in writing in the lease agreement or, respectively, in the inspection report when delivering the vehicle. Besides, the lessee shall receive the registration papers of the vehicle, a vehicle tool kit, a safety vest and a first aid kit as well as mounted and optional equipment as specified in the inspection report.
9.2. If during the rental period, without the lessee being at fault, it becomes necessary to repair something in order to guarantee the operation and road safety of the motorcycle, the lessee is entitled to commission an authorized workshop of the manufacturer of the vehicle up to a repair sum of 100.00 €. The receipts on repair costs shall be presented to the lessor in the original. If the expected repair costs exceed 100.00 €, the consent of the lessor shall be obtained before the commission.
9.3. Claims for damages of the lessee or third parties shall be excluded insofar as the lessor did not act with intent or gross negligence. This liability exclusion shall not apply in case of a culpable violation of fundamental contractual obligations and to personal damages. Nonetheless, in case of ordinary negligence, the liability of the lessor shall be limited to contractually anticipated, foreseeable damages.
9.4. EBTR shall neither be liable to the customer nor to other passengers for the loss or damage of personal objects left behind in the motorcycle during the rental period or after it. The customer alone shall be responsible for personal objects.
10. Behaviour in case of accidents and other damages
10.1. The lessee shall be obliged to inform the lessor or its contact person in situ (tour guide) without delay in any occurrence of a damage, also in case of damages without third parties being involved. The lessee shall only commission towing and/or repair services after having consulted the lessor.
10.2. The police shall be alerted without delay in case of an accident as well as in case of a theft or another loss. The lessee shall secure means of evidence (witnesses, traces, etc.), gather the data of the persons involved as well as do everything that can contribute to the due and complete clarification of the accident/the circumstances of the accident.
10.3. The lessee undertakes not to give an acknowledgement of debt and not to take any other actions (payments, settlements) which could endanger the insurance cover.
11. Insurance cover
11.1. The motorcycle shall have a flat-rate public liability insurance cover for personal, material and property damages in a certain amount for third party damages (personal damages up to ten million euros). A fully comprehensive insurance with excess shall only apply if this is stipulated in the lease agreement in the category insurance COVER+/COVER ALL specifying the sum of excess.
11.2. In case of a prolongation of the rental period, there will be no insurance cover, unless this was provably agreed with the lessor at the time of the prolongation.
11.3. The lessee shall be liable for damages according to the insurance cover agreed upon. Insofar as an insurance COVER+/COVER ALL was taken out which, however, refuses to pay damages, the lessee shall also be liable in this respect.
11.4. The lessee is furthermore expressly informed that he is also liable if an insurance COVER+/COVER ALL was taken out provided that he or his assistant:
• culpably violated the contractual obligations in case of accidents
• left the place of the accident without permission
• caused damages with intent or gross negligence
• exceeded the rental period agreed upon in violation of the contract.
11.5. EBTR recommends taking out a travel, cancellation, accident and legal expenses insurance.
12. Vehicle and vehicle category
The lessor shall constantly make an effort to provide the requested motorcycle. If this is impossible due to unforeseeable reasons, the lessor shall have the right to provide the lessee with an equivalent motorcycle or, respectively, with a motorcycle of the next higher category at the price initially agreed upon.
13. Personal data
By concluding the lease agreement, the customer agrees that EBTR electronically stores and processes his personal data in connection with this lease agreement for the purposes of the legitimate interests of EBTR, including statistical evaluation, creditworthiness check and protection of the property of EBTR. If the customer violates the lease agreement, his personal data can be disclosed and forwarded to third parties accordingly insofar as this is necessary to assert claims or to prevent property damages of EBTR.
14. Applicable Law
The contractual relationship of the customer with EBTR shall be governed by Austrian law.
15. Place of performance and place of jurisdiction
The place of performance shall be the registered office of EBTR; unless mandatorily required by law, the exclusive place of jurisdiction for all disputes arising out of the contractual relationship between the customer and EBTR shall be Innsbruck, Austria.
Oral or written ancillary agreements or amendments to this lease agreement shall only be valid if they have been confirmed by EBTR in writing. All contractual agreements require the written form. The same shall apply in case of derogation from this clause. If individual provisions of these travel terms and conditions are legally invalid, this does not make the remaining provisions invalid.
Version: 01 April 2017