General Conditions

Tours Terms and Conditions

Tour operator

The Tour operator is IMTBIKE SL address Calle Chapineria 6B, 28925 Madrid, Spain. To send the booking form from IMTBIKE’s website, you must read and accept our terms and conditions as contractually binding. We ask that you read them carefully. No booking form enters our reservation system without the customer having accepted said terms and conditions prior to submitting it.

Agents and representatives

IMTBIKE’s agents and representatives are representing us, but are not a party of this contract, nor are they in any event responsible or liable for any failure to provide any service as may be described in our literature pertaining to the contract.

Reservations and deposits
For the tour a booking deposit is required at the time of booking. The deposit is 500 Euros per person. This deposit secures a space on the tour. Space is limited and reservations are on a first come basis. The balance is due 60 days before the start of the tour. The rental period is not interrupted due to a riding inability of a renter or for any other reason. During the tour IMTBIKE is not obliged to replace a damaged motorcycle.

Own motorcycle
When a customer brings his/her own motorcycle for use on a tour no insurance is provided by IMTBIKE.

Price of tour includes
The tour price includes hotel accommodation in double or twin rooms. Single tour will pay the single room supplement.

Price of tour does not include
All items not listed as included and all personal items.

Room allocation
A limited number of single rooms are available at extra cost on a first-come basis, but availability cannot be guaranteed. If you travel alone, but wish to share a double room, IMTBIKE will try to find a roommate for you that is in the same situation. If IMTBIKE cannot find a roommate, the single supplement will have to be charged.

Cancellation and refunds
Cancellations received more than 60 days prior to departure will be subject to a 200 Euro per person cancellation fee. Cancellations received less than 60 days prior to departure will be subject to the following forfeit of tour costs: 59-42 days, 20% of tour cost; 41-21 days, 30% of tour cost; within 20 days, 100% of tour cost. No refund or reductions are made for late arrival or early departure from an IMTBIKE tour or rental. Trip Cancellation Insurance is strongly recommended.

Custom Tours

IMTBIKE is able to develop custom tours for groups of 10 people or more. Custom Tours will be designed based on specifications giving to us by the group leader. Should a custom tour need to be cancelled or rescheduled after IMTBIKE has designed the tour:

• If the tour as not begun and the client has contracted our cancellation insurance then the funds paid will be refunded according to our cancellation insurance policy.
• If the tour has not begun and the client has not contracted cancellation insurance with us:
  If there are more than 60 days to the start of the tour, IMTBIKE will hold the tour deposit on account to be used by the client on a future tour, of the same design, for up to two years.
  If there are less than 60 days to the start of the tour, IMTBIKE will hold the tour cost on account to be used by the client on a future tour, of the same design, for up to two years.

Minimum tour participation
Up to two weeks prior to the tour start, IMTBIKE can cancel the tour if a sufficient number of customers for the particular tour is not reached. In this case the customer will be notified forthwith and his payment refunded in full, which constitutes the full settlement.

Tour cancellation
In case a tour cannot be started or has to be suspended after starting for reasons of Force Majeure outside the control of IMTBIKE such as: natural disasters, strikes, world health alerts, war, this is IMTBIKEs policy:

• If the tour as not begun and the client has contracted our cancellation insurance then the funds paid will be refunded according to our cancellation insurance policy.
• If the tour has not begun and the client has not contracted cancellation insurance with us:
  If there are more than 60 days to the start of the tour, IMTBIKE will hold the tour deposit on account to be used by the client on a future tour for up to two years.
  If there are less than 60 days to the start of the tour, IMTBIKE will hold the tour cost on account to be used by the client on a future tour for up to two years.
  If the tour has begun and needs to be interrupted, IMTBIKE will hold on account the proportional amount unused by the client as a credit for a future tour for up to two years.

Non observance of traffic laws or IMTBIKE regulations

IMTBIKE Tours are made up of motorcycle loving people from around the world.  IMTBIKE understands that people will have different levels of motorcycle skill, different beliefs and political ideologies.  It is paramount on all IMTBIKE Tour that all tourmembers are respectful of the other tourmembers in the group to maintain a positive tour atmosphere for all tour participants.  If IMTBIKE deems that a tourmember is having a negative effect on the tour group dynamics by(but not limited to): riding in a dangerous manner, not complying with traffic laws or the requirements for group travel, being unpolite, being conflictive, purposely provoking others in group etc., and is taking away from the enjoyment of others on the tour, IMTBIKE reserves the right to remove the tourmember from the tour without refund.

Passport, Visa, driving and health regulations
The customer is responsible for complying with above regulations and all consequences resulting from non-compliance. The customer must be in possession of a valid passport and visa if necessary, International Driver’s License, and proper health insurance for the duration of their tour.

Responsibility
IMTBIKE is responsible for providing the services in the tour description according to the local standard and the accurate description of services offered in its literature. IMTBIKE carefully selects and constantly monitors its contractors, such as hotels and restaurants. IMTBIKE is responsible for conscientious travel preparations. IMTBike is not responsible or liable for any accidents. IMTBIKE reserves the right, without prior notice, to withdraw any part or all of a tour, to make such changes as may be necessary and the extra cost, if applicable, resulting there from, shall be paid by the customer.

Furthermore, it is agreed and understood that the owners, operators and agents of this tour, including IMTBIKE are not the guardians of any customer’s safety and they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or the client’s participation in connection with the tour, which might result in injury, death, or other damage to the client, his property, or his family, heirs, or assigns.
IMTBIKE is not responsible or liable for a delay occurring from the manufacturers failure to deliver the motorcycles on time. IMTBIKE is not responsible for lost or stolen items from our rental locations or support vehicles. The liability of IMTBIKE as the tour-operator is limited to a total of three times the tour price irrespective of the title/claim. IMTBIKE is not responsible for any delays, changes, in schedule or other conditions.

Alterations to tour schedule
Tours operate on seasonal basis and where seasonal variances and/or weather condition cause changes in the tour routing and accommodations, the itinerary will be adjusted accordingly and alternate hotels, restaurants and roads will be used.

Tour rates, rental rates and motorcycle costs
These are calculated on the basis of exchange rates in effect at the time of printing and on tariffs and are subject to change depending on international currency fluctuations and inflation and may be adjusted by IMTBIKE upon receipt of final payment 60 days prior to tour start.

IMTBIKE Promotions
All IMTBIKE promotions and discount are calculated off of the published tour rider and passenger prices, for rentals they are calculated off of the published rental prices.

Photo & video material:
Photos and videos produced by IMTBIKE on tour are the property of IMTBIKE. The copyrights are held by IMTBIKE, IMTBIKE reserves the rights  to use all such material for advertising and marketing purposes, including images in which individual tour members can be recognized, without the tourmember being entitled to make any claim against IMTBIKE for this use of material. This right would be annulled in the case of an explicit request by the client not to use photographs in which he/she appeared. This request will only be valid if it is issued before the start of the Tour.

Insurance
IMTBIKE recommends that you take out adequate travel, health and accident insurance as well as trip cancellation insurance with our agents.

Verbal changes
of the contract are invalid unless confirmed by IMTBIKE in writing.

Printing errors
IMTBIKE reserves the right to correct printing errors and calculation mistakes at any time.

Rentals Terms and Conditions

These rental conditions are a constituent part of the contractual agreement between IBERIAN MOTO TOURS S.L. (Renter) hereby known as IMTBIKE and the customer (Hirer), governing the use of motorcycles. Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, reserved.

The subject of the contractual agreement with IMTBIKE is exclusively the temporary transfer of the reserved motorcycle(s). The Hirer shall organize and conduct the trip of his/her own accord and shall use the motorcycle responsibly.
Unless otherwise stated, all prices shall include unlimited kilometers (mileage), comprehensive vehicle insurance with the chosen deductible, and Spanish VAT tax.

Limited mileage
In the case of 1-6 day rentals there is mileage limit of 300 km/day. Every kilometer above this 300-km limit will be charged at a rate of 0.35 euros per kilometer. Rentals 7 days or longer have unlimited kilometers incluided in the rental price.

Reservation and payment
All bookings require a valid credit card (VISA, MasterCard) in order to be processed. Upon confirmation of service your credit card will be charged the agreed and acknowledged prepayment. The amount of prepayment for motorcycle rentals is 30% of the expected rental cost. This prepayment secures your rental bike. The balance for rentals will be taken from your credit card 30 days prior to the start of the rental period.

Minimum duration
The shortest rental is a one-day rental during working days, Monday through Friday. For weekend rentals there is a 2-day rental minimum (Saturday and Sunday) with pick-up on Friday night and drop-off on Monday morning (provided those days are not holidays). A few weekends during the year require a 3-day minimum rental: these are the week-ends where a MotoGP race takes place in Spain or Portugal and also the week-end of the Spain BMW Rally.

Guarantee of availability
Upon prepayment you will receive a confirmation via email or fax. This is the guarantee of availability of the booked motorcycle. IMTBIKE reserves the right to substitute the requested rental motorcycle at any time due to unforeseen circumstances. IMTBIKE strives to ensure that you ride the motorcycle you are confirmed on. Unfortunately, at times, certain unexpected and uncontrollable situations arise; this includes, but is not limited to, mechanical failure, collision damage, and theft. Should IMTBIKE not be able to replace a confirmed motorcycle with the confirmed type or similar, a refund for the difference in service will be exacted to participants. This constitutes the maximum liability of IMTBIKE.
Even if the motorcycle is returned before the agreed rental period has expired, the rental amount agreed in the contractual agreement is to be paid in full.

Cancellation (total or partial) and rescheduling

If the cancellation (total or partial) is received more than 30 days prior to the start of the rental period 50% of the deposit will be returned; from 30-15 days prior to the start of the rental period 50% of the full rental amount will be returned, 15 days or less prior to the start of the rental period 0% will be returned.
It is possible to change your rental dates one time only for a surcharge. You must advise of the change with at least one business day leadtime, provide the new rental days which must be within 12 months of the original dates. THE SURCHARGE TO CHANGE DATES IS 20% OF THE ORIGINAL RENTAL COST WITH A MINIMUM OF 100 EUROS

In case of Force Majeure:

In the case that a motorcycle rental cannot started or is interrupted once started, for motives of Force Majeure outside the control of IMTBIKE and  the client, as could be the case of a natural disaster, prolonged strikes, world health alert, war,  the policy of IMTBIKE is:

-If the rental has not begun yet, IMTBIKE reserve the right to hold all money paid by the client for the rental at the moment of cancellation and apply the full amount as a credit to be used towards a future rental.

– If the rental has begun and has to be interrupted, IMTBIKE reserves the right to hold all money paid by the client for the rental and apply the proportional unused money as a credit towards a future rental.

Obligations of Hirer

The hirer shall use the motorcycle with due care and attention, observe the appropriate technical codes of practice and operating instructions as well as ensure road safety. The Hirer shall comply with legal requirements especially the provisions of road traffic regulations. The hirer is responsible for complying with drive and health regulations, including having a valid passport, a proper health insurance and a UE driver´s license or an International Driver´s license for the duration of their stay. The hirer shall be liable for the payment of all administrative fees, fines and penalties that are attributed to his/her use of the motorcycle.

It is prohibited for the hirer to:

• Allow anyone who has not been previously authorized in the rental agreement, use the motorcycle.
• Allow anyone, who is not trained to drive, or who do not have a valid driving license or is in a state not suitable for driving
• Drive the motorcycle himself or herself, without being able to do so or without having a valid driving license
• Use of the motorcycle under inappropriate conditions
• Use of the motorcycle for commercial purposes
• Participate with the motorcycle in events of motorcycling of any type, including the practices or tests of these events
• Use the motorcycle off-road.
• Pawn or sell the motorcycle in whole or in parts, its equipment, its accessories and its documentation, in any way that infringes the property rights of the lessor or any other right that has the lessor on the motorcycle.
• Take the bikes to African countries, like Morocco

Obligations and Liability of the Renter

The renter shall hand over the motorcycle in a technically correct and road-safe condition. The Hirer shall additionally receive the vehicle documents and tools. The Renter shall recognize and accept existing damage only if it is defined in writing in the damage form as part of the handover procedure. If, through no fault of the Hirer, a repair is necessary during the rental period in order to ensure operation or maintain roadworthiness of the motorcycle, the Hirer must receive the Renter’s consent before proceeding with the repair. Further claims, irrespective of whatever legal reason, are excluded unless the damage or loss to the Hirer is attributed to intent or gross negligence on the part of the Renter.

Liability of the Hirer for Damage

From the moment of transfer through to return of the motorcycle, the Hirer shall be liable to the Renter even for the slightest negligence/carelessness in terms of the demise (including the loss or confiscation) of the motorcycle as well as for all damage (such as accident or operational damage, damage as the result of improper use and damage that reduces the value of the motorcycle) that occurs beyond the scope of normal wear of the motorcycle during the rental period. In the case of damage to the rental motorcycle, the Hirer shall be liable for the costs of repair, invoicing and return actually incurred or defined by an expertise appraisal as well as for the costs of expertise, the reduction in technical and market value up to the amount of the damage deductible option chosen. The burden of proof of lesser damage shall lie with the Hirer.

Requirements in the Event of Accident or Any Other Damage

If damage or loss occurs, as well as in the event of damage or accident, the Hirer shall be obliged to notify the Renter immediately by telephone. Towing and/or repair services are to be called in only after obtaining the consent of IMTBike. The police must be notified immediately in the event of an accident. Evidence (witnesses, track marks, etc.) is to be secured, the personal data of those involved recorded and everything must be done that can contribute to correct and complete clarification of the sequence of events. IMTBIKE offers help to customers who request a courier / parcel service for the shipment of personal bags or packages in between our rental points. Such parcel / courier service is carried out by an independent company that is not part of IMTBIKE. IMTBIKE is only an intermediary between the client and the parcel company. In no case will IMTBIKE be responsible for delays in the delivery of the material sent. In case of loss, damage, or delay arisen during the process of sending said material, it will be the customer who will have to address the claim towards the parcel company for the shipment. This way leaving IMTBIKE free of any responsibility.

Insurance Cover The hirer agrees to assume financial responsibility up to the amount of his/her chosen insurance option (basic or VIP) in case of damage to the motorcycle. The credit card information on file with IMTBike will be used as guarantee of payment. The Hirer is expressly reminded that, despite fully comprehensive liability insurance, he/she is still liable for damage in the following cases:

1. If he/she does not comply with the provisions of the contractual agreement as stipulated in the “Obligations of the Hirer” section.
2. Leaves the site of an accident he/she was involved in
   1. Causes damage intentionally, deliberately or through gross negligence
   2. Exceeds the agreed rental period contrary to the terms of the agreement

The basic insurance included in the price of the rental is a full coverage vehicle insurance that includes the following:

1. Full coverage vehicle insurance in case of damage, accident, fire or theft, with a 3000€ deductible. Which means the driver of the vehicle is responsible for paying up to 3000€ of the costs incurred from damages or the total loss of the vehicle. The rest is covered by the insurance.
2. Full coverage third party insurance in case of an accident. Covers third party vehicles, drivers and passengers up to 50.000.000€ per accident.
3. Medical assistance for the driver of the vehicle limited to 900€, within a period of 365 days after the accident, in Spanish public health centers or those health centers approved by Unespa and the “Dirección General de Seguros y Fondos de pensiones” as published in the BOE.
4. Compensation in the event of driver’s death: 6000€
5. Compensation in the event of permanent disability: Maximum 6000 € (depending on seriousness of injury)
6. The driver is the only one covered by the insurance.
7. These clauses may cease to have validity in the following cases:
   1. Vehicle is driven under the effects of alcohol, drugs, narcotics or other psychoactive substances.
   2. Vehicle is driven in places not authorized by the rental company, in this case, off-road, forest tracks, any non-paved roads or on a race track.

VIP Insurance, optional for purchase at the time of rental, costs 25€ per rental day, it is a full coverage insurance for the vehicle which includes the following:

1. Full coverage vehicle insurance in case of damage, accident, fire or theft, with a 500€ deductible. Which means the rider of the vehicle is responsible for paying up to 500€ of the costs incurred from damages or the total loss of the vehicle. The rest is covered by the insurance.
2. Full coverage third party insurance in case of an accident. Covers third party vehicles, drivers and passengers up to 50.000.000€ per accident.
3. Medical assistance for the driver of the vehicle limited to 900€, within a period of 365 days after the accident, in Spanish public health centers or those health centers approved by Unespa and the “Dirección General de Seguros y Fondos de pensiones” as published in the BOE.
4. Compensation in the event of driver’s death: 6000€
5. Compensation in the event of permanent disability: Maximum 6000 € (depending on seriousness of injury)
6. The driver is the only one covered by the insurance.
7. These clauses may cease to have validity in the following cases:
   1. Driving under the effects of alcohol, drugs, narcotics or other psychoactive substances.
   2. Riding in places not authorized by the rental company, in this case, off-road, forest tracks, any non-paved roads or on a race track.

Return of Motorcycle

The motorcycle shall be returned without any externally visible deficiencies. The Hirer shall return the motorcycle in the same condition at the end of the rental period at the agreed place and time with all vehicle documents, tools and accessories. The Renter shall be entitled to rescind the rental agreement without prior notice if a compelling reason is known that would render continuation of the rental agreement unacceptable. Important reasons include in particular incorrect personal data of the Hirer, information on credit worthiness as well as serious infringement of the provisions of the contractual agreement. In the event of rescission without prior notice the rental motorcycle must be returned immediately, i.e. before the agreed rental period has elapsed. The Renter’s right to claim for damages and compensation shall remain unaffected.

1. The hirer agrees to assume financial responsibility for all traffic infractions incurred on his rental motorcycle for the duration of his rental period. All tickets will be subject to a a 30 Euro processing fee by IMTBIKE.
2. The hirer agrees to the payment of a 30Euro per motorcycle fee for pickups and dropoffs outside of IMTBIKE’s normal operating hours (i.e. weekends and/or national and local holidays.) This fee is to be paid directly to the rental agent that accommodates the hirers request to exact business outside of IMTBIKE’s normal work schedule. IMTBIKE’s normal work schedule is stated to be Monday- Friday 10am- 7pm.
3. Insurance
   IMTBike recommends that you take out adequate travel, health and accident insurance as well as trip cancellation insurance.
4. Printing and calculations mistakes
   IMTBIKE reserves the right to correct printing errors or calculations mistakes at any time.

ILLEGAL USE OF IMTBIKE MATERIAL:

All material appearing on/in the IMTBIKE website, IMTBIKE Tour handbooks and IMTBIKE motorcycle maps/routes is protected under International Copyright laws and is the property of IMTBIKE . You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, sell or offer it for sale, or use such content to construct any kind of database. Copying or storing any content except as provided above is expressly prohibited without prior written permission from IMTBIKE. For permission to use the content please contact [email protected].

CUSTOMERS INFORMATION CLAUSE

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April – General Data Protection Regulation – IMTBIKE TOURS SL, domiciled at C/ CHAPINERIA, 6B (POLIGONO INDUSTRIAL VENTORRO DEL CANO) 28925-ALCORCON (MADRID), informs you that the data you have provided us with will form part of an inventory of the processing of personal data, the responsibility of this entity, with the aim of sending you commercial and advertising information about our products and services by any means, including electronic means.

To exercise your rights of access, rectification, opposition, suppression, limitation and portability recognized by current legislation, please contact us at C/ CHAPINERIA, 6B (POLIGONO INDUSTRIAL VENTORRO DEL CANO) 28925-ALCORCON (MADRID), attaching a copy of your National Identity Card or equivalent identification document.