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HR Adventure Tours

Tours are offered and operated by HR Adventure Tours, an official travel partner with Hertz Ride, a leading company in motorcycle rentals in Europe and the United States. HR Adventure Tours specializes in the planning and operation of premium motorcycle tours around the world

 GENERAL CONDITIONS

OF THE TOUR PROGRAMME

(as amended by the GDPR and DL 17/2018 of 8 March)

 

The Tour program is the informative document in which the above-mentioned general conditions are set out, being an integral part thereof and constituting, in case it does not exist, the Tour Contract, under the terms of Article 20 of DL 17/2018 of 8 March.

This information is binding to the agency(ies), pursuant to Article 24 of DL 17/2018 of 8 March, unless cumulatively:

• The program expressly provides for this;

• The changes to said program are insignificant;

• The information of the change is provided to the Rider on durable support;

These general conditions comply with the provisions of Decree-Law 17/2018 of 8 March.

The General Conditions, whose object is a Tour or Related Travel Service contained in this program, the corresponding standardized information sheets, and the specific conditions set out in the travel documentation provided to the Rider at the time of booking the trip, constitute the travel contract binding the parties.

 

  1. ORGANISATION

i. The organization and commercialization of the trips included in this brochure is the responsibility of HR TOURS, with a registered office at Av. Severiano Falcão, 7 – 7A 2689-522 Prior Velho Portugal, Legal Person identification number 516042823, with paid-up share capital of 50.000 euros, registered at the Commercial Registry Office of Loures, email Contact@hradventuretours.com.

 

  1. DEFINITIONS

i. Services and products are offered to the Rider under the terms and conditions set out herein.

ii. By contracting with HR TOURS, the Rider acknowledges and accepts all the terms and conditions contained herein.

 

  1. OBJECT

i. The terms contained in the Specific Conditions prevail over the provisions of these General Conditions, stipulated herein, and any additional written stipulations that have been specially agreed between the Rider and HR TOURS will prevail over both.

ii. The services and products are offered to Rider under the terms and conditions set out herein.

iii. By contracting with HR TOURS, the Rider acknowledges and accepts all the terms and conditions set forth.

iv. By accepting these terms and conditions, the Rider acknowledges and accepts that it is mandatory to enter into a motorcycle rental agreement with HR Ride Portugal, SA. (hereinafter "Hertz Ride"), prior to the commencement of the trip.

v. The economic activity code for HR-TOURS is 79120 - Travel agency activities.

This document includes all the terms and conditions of the contract entered between HR TOURS and the Rider, and the Rider is advised to read it carefully. If the Rider does not understand any of the provisions contained in this document, he/she should request due clarification from the HR TOURS representative who is assisting him/her. 

 

  1. TOUR REQUIREMENTS
  1.  HR TOURS services are limited to Riders with at least 25 (twenty-five) years of age and who provide proof of a valid motorcycle driving license. Riders must also certify that they have at least two years’ experience riding a motorcycle of similar or greater size to the motorcycle that will be provided by Hertz Ride.

ii. Children with 15 (fifteen) years of age or older may participate as Co-Riders and passenger on the motorcycle, provided that their legal representatives sign the liability waiver, safeguarding the minimum requirements required by the legislation of each country, but they are not allowed to ride the motorcycle. Children under the age of fifteen (15) years are not allowed to participate in the package travel and there will be no exceptions to this rule.

 

  1.  REGISTRATIONS

i. Upon registration the Rider must deposit 20% of the service price, paying the remaining 80% up to 70 (seventy) days before the beginning of the service.

ii. If registration takes place seventy (70) days or less from the start date of the service, the full price of the service must be paid at the time of registration.

iii. HR TOURS reserves the right to cancel any registration for which payment has not been made under the conditions mentioned above.

iv. Reservations are subject to suppliers confirming all services.

v. Exceptions are those in which, regardless of the reservation period, suppliers impose payment terms different from those set forth above. If necessary, HR TOURS will communicate the amount to be paid as soon as this information is obtained. The Rider is responsible for making the respective payment to maintain the reservation's validity.

vi. HR TOURS reserves the right to cancel any reservation for which payment has not been made under the conditions mentioned above. In such cases there will be no refund due.

vii. The quoted price of the tour reflects the costs valid at the time of its announcement. HR TOURS may be required to increase the quoted price if there are other factors such as extraordinary fluctuations in exchange rates, insurance costs or unexpected general service costs that make such increases unavoidable, up to seventy (70) days prior to the start of the package travel. Riders who disagree with the proposed price increase may cancel their reservations and will be refunded for all payments already made. A full refund will constitute in a full settlement and HR TOURS will not be responsible for any extra costs incurred by the Rider including, but not limited to, prepaid airline ticket costs, hotel reservations or car reservations.

viii. Approximately 15 (fifteen) days before the start of the package travel and provided the full payment is made, the Rider will receive a dossier with all the information of the tour, including description of the routes, hotels and general information.

 

  1. LUGGAGE:

HR TOURS provides a luggage transportation service for riders inside the support vehicle, not being responsible for any damage, theft, or misplacement that may occur.

 

  1. LIABILITY LIMITS

i. The liability of the agency shall be limited to the maximum amount payable by the service providers under the Montreal Convention of 28 May 1999 on International Carriage by Air and the Berne Convention of 1961 on Carriage by Rail.

 

  1. DOCUMENTATION

The Rider must have valid personal or family documentation:

- Passport and/or citizen card,

- Licence to drive motorcycles,

- International Driving Permit, if applicable,

- Authorisation for underage persons (when required)

- Visa (when required)

- Vaccination certificate (when required)

- and others (if required).

The agency declines any responsibility for refusal to grant visas or for the Rider not being allowed to enter a foreign country; the Rider is also responsible for all costs that such situation may entail.

ii. Travel within the European Union:

 a) Riders (regardless of age) travelling within the European Union must have their civil identification document (Passport, Citizen Card);

- In order to obtain medical assistance, they must have their European Health Insurance Card;

 b) For non-EU nationals, specific information on the documentation necessary for performing the trip must be obtained from the embassies/consulates of the countries of origin.

iii. Travel outside the European Union:

a) Riders (regardless of age) travelling outside the European Union must have their civil identification document (passport), International Driving Permit, if applicable, as well as a visa if required (please obtain this information from the agency at the time of booking);

b) For non-EU nationals, specific information on the documentation necessary for performing the trip must be obtained from the embassies/consulates of the countries of origin.

 

  1.  CHANGES TO BE MADE BY THE AGENCY
  1. Whenever, before the start of the package travel, (i) HR TOURS is forced to significantly alter any of the main characteristics of the travel services, (ii) or is unable to meet the special requirements requested by the Rider; (iii) or proposes to increase the price of the package by more than 8%, the Rider may, within 70 (seventy) days: 

a) Accept the proposed change;

b) Rescind the contract, without any penalty, being reimbursed for the amounts paid;

c) Accept a replacement tour proposed by HR TOURS and be reimbursed in the event of a price difference.

ii. The absence of a reply from the Rider within the period set by HR TOURS will imply the tacit acceptance of the proposed change / the cancellation of the trip with the application of the respective cancellation fees provided in the clause ("Cancellation Policy").

 

  1. CHANGE IN PRICE

i. The prices in the program are based on the costs of services and exchange rates in force on the date of printing this program and are therefore subject to changes (price increase or reduction), pursuant to Article 29 of DL 17/2018 of 8 March, which result from variations in the cost of transport or fuel, taxes, fees, and exchange rate fluctuations up to 20 (twenty) days before the travel date.

ii. If the increase concerned exceeds 8% (eight percent) of the total price of the tour, the provisions of the clause "CHANGES TO BE CARRIED OUT BY THE AGENCY" shall apply.

iii. In the event of a price reduction, HR TOURS reserves the right to deduct from the refund to be made to the traveler the corresponding administrative costs, which will be justified at the request of the traveler.

 

  1. CANCELLATION POLICY - TERMINATION OF THE TOUR CONTRACT BY HR TOURS
  1. HR TOURS may cancel the tour up to 70 (seventy) days from the beginning of the trip if there are not enough participants with confirmed reservations on that date. In this case, HR TOURS will inform the registered Riders and offer the possibility of performing the package travel if all Riders agree with the proposed changes. Changes may include payment of an additional amount, changes to the programmed route, or other changes that HR TOURS propose to perform the tour. If one or more Riders do not agree with the proposed changes, HR TOURS will cancel the tour and make a full refund of the amounts already paid. Full repayment shall constitute full settlement.
  2. HR TOURS is not responsible for any additional costs or losses incurred by the Rider in case the tour is canceled due to an insufficient number of participants and duly informed in accordance with clause (K)(i) or for the reasons contemplated in point (v) of the respective clause. 
  3. HR TOURS reserves the right, if necessary, to change the route of the tour and consequently the accommodation due to circumstances beyond HR TOURS' control, including but not limited to seasonal occurrences, extreme adverse weather conditions, roadblocks, strikes, landslides, snow, barriers, acts of God, wars, riots, civil disturbances, terrorist acts, malicious damage, epidemics, quarantines, fires, floods or natural disasters. If changes are necessary, HR TOURS will try to preserve the nature of the tour as much as is reasonable and provide equivalent services. HR TOURS will not be held responsible for such changes and the Rider will not be entitled to claim a refund of the value of the tour and of the motorcycle rental.
  4. In case of cancellation by HR TOURS, the Rider will be reimbursed for any payments made within 14 (fourteen) days of the notice of cancellation - less any lump sum compensation payment, if applicable. The Rider shall not be entitled to any further claim for compensation for damages, pursuant to Article 27(5) of DL 17/2018 of 8 March.
  5. In the event of cancellation by HR TOURS, the Rider, if he/she so wishes, will have the option to apply all payments made on a future tour of HR TOURS. In such a case, no extra supplement shall be charged for the administrative costs associated with that change.
  6. HR TOURS may cancel the Rider's participation in the tour if he/she is detrimental to the tour or puts him/herself or others in danger. In that case, no refund or credit will be given.

 

  1. TERMINATION BY THE RIDER
  1. The Rider may terminate the travel contract at any time prior to the start of the trip, pursuant to Article 25(1) of DL 17/2018 of 8 March.
  2.  Cancellations made in writing within 71 (seventy-one) days of the start date of the package travel will incur a fixed administrative surcharge. The Rider may choose to apply the refunded deposit on a future participation in another HR TOURS’ tour. In this case, HR TOURS will not charge the above-mentioned administrative supplement.
  3. Cancellations made in writing up to seventy (70) days or less but made within thirty-one (31) days of the start date of the tour will incur a surcharge equal to fifty per cent (50%) of all payments made to HR TOURS relating to the cancelled tour.
  4. Cancellations made in writing less than thirty (30) days from the start date of the tour will incur a supplement equal to one hundred per cent (100%) of all payments made to HR TOURS relative to the cancelled tour.
  5. The no-show supplement will be one hundred per cent (100%) of all payments made to HR TOURS with respect to the tour to which the Rider did not show up to unless the Rider proves that unavoidable or exceptional circumstances occurred at or near the destination that effectively prevented his/her participation in the tour. In such a case the Rider may be reimbursed for payments already made in respect of the tour but will not be entitled to any further compensation for damages.
  6.  The Rider is also entitled to terminate the travel contract before the start of the trip without paying any termination fee, if unavoidable and exceptional circumstances occur at the place of destination or in its immediate vicinity which considerably affect the performance of the trip or the transport of passengers to the destination, pursuant to Article 25(4) of DL 17/2018 of 8 March.
  7.  The termination of the travel contract under the terms mentioned above only entitles the Rider to a full refund of the payments made, under the terms of Article 25(5) of DL 17/2018 of 8 March. 
  8. After the start of the services there will be no refund for services not used by the Rider due to force majeure or reasons attributable to the Rider.

 

  1. PAYMENT METHODS

i. HR TOURS offers the following payment methods: (i) Credit card; (ii) Prepaid products (Gift card, vouchers); (iii) Bank transfer.

ii. The payment methods are indicated according to the type of service booked and, in some situations, do not allow the use of some of the payment methods mentioned in point (i) of the respective clause.

iii. Automatic payment for services with pre-purchased products such as vouchers and others is not possible as such payment methods require the presentation of original documents.

iv. HR TOURS reserves the right to cancel reservations that have not been paid within the indicated deadlines or if fraud is suspected.

v. In case of suspicion of fraud with the credit card used for payment, HR TOURS may request a copy of the credit card used and the identification document.

vi. In case of fraud, the services are automatically cancelled, regardless of whether the tour documents have been issued or whether the tour has already begun.

 

  1. TOUR RULES

The general rules for all tours are:

  1.  Observe all traffic rules and local speed limits.
  2. Do not consume alcoholic beverages while riding the motorcycle during the tour. Alcoholic drinks can only be consumed after the motorcycle is parked at night at the hotel at the end of each day of the tour.
  3. Comply with the itinerary established in each daily summary.
  4. Follow and respect all instructions and decisions of the tour leader.
  5. The use of appropriate protective equipment (helmet, jacket and trousers, gloves, boots) is mandatory in all circumstances without exception.
  6. Failure to comply with the rules and instructions given by HR TOURS' employees that may present a risk to the individual or collective safety of the group will result in the immediate cancellation of any Riders' rights. If the Riders do not comply with traffic rules or the requirements for group trips, including not consuming alcoholic beverages while riding the motorcycle, HR TOURS may exclude the Rider from further participation in the tour, without being entitled to a refund of the travel fee. In this case the Rider will be liable for any additional costs incurred by him/her.

 

  1. INCLUSIONS AND EXCLUSIONS

The following items are included in the tour:

  1. Airport transfers provided that the Rider arrives and departs on the arrival and departure days of the tour. The Riders arriving earlier or later are responsible for their own airport transfers.
  2. Accommodation for each night of the tour, according to what is stipulated in item II of the Table - SPECIFIC INFORMATION ON THE TRIP. Tips at hotels are included.
  3. Most tours include breakfast, according to the individual description of each tour.
  4. Dinners on most nights, according to the individual description of each tour. In tours that include 2 or more consecutive nights in the same city, the nights following the first one are considered free nights. The Riders are responsible for their dining expenses on free nights. Tips at restaurants are included.
  5. Support vehicle, available to carry up to 2 pieces of luggage per person, unless specified in the tour description.
  6. One or more guides will be available, depending on the number of participants per tour and if the tour includes a support vehicle.
  7. Extra activities that are described as being included in the package tour.
  8.  Items not included in the tour are:
  1. Lunches, unless specifically stated in the tour description;
  2. Alcoholic beverages;
  3. Extra hotel costs;
  4. Expenses of a personal nature, including laundry services;
  5. Fuel;
  6. Anything not listed as included in point (p) (items included in the tour).

 

  1. RIDER LIABILITY

i. HR TOURS, its employees, shareholders, executive officers, directors, successors, agents, or authorised representatives (collectively HR TOURS), does not own or operate any entity that provides goods or services for its tours. The company purchases transportation (by air, bus, train, ship, motorcycle or other), hotel and other lodging accommodation, restaurants, ground handling and other services from outside vendors. All such persons and entities are considered independent contractors. As such, HR TOURS is not responsible for any negligent or premeditated acts of any of the independent contractors or third parties. The Rider assumes all risks associated with participation in the tour. Without limitation, HR TOURS is not liable for any injury, financial or physical loss, death, inconvenience, delay, damage to personal effects in connection with the provision of goods and services resulting from but not limited to acts of nature or force majeure, sickness, acts of war, civil unrest, insurrection or riot, animals, strikes or other labour activities, criminal or terrorist activities of any nature, overbooking, demotion of services, food poisoning, mechanical or other aircraft failures, failure of other means of transportation or other transport mechanism to depart or arrive in a timely manner.

ii. At the beginning of each tour the Rider will be required to complete and sign a Waiver of Liability in which he/she acknowledges that HR TOURS and its owners, employees and agents are not protectors of the Rider's safety, individually or collectively, and as such cannot in any way be held responsible for any accident related occurrence from which may result injury, death or damage to Riders, their property, family members, heirs or trustees.

iii. This document includes a field to be filled in with a name and emergency contact in the Rider's home country and his/her travel insurance details.

iv. If a Rider refuses to sign the Liability Waiver, he/she will not be able to participate in the tour and the total amount already settled will not be refunded. In this case the Rider is not entitled to any refund or credit. The Riders may request a copy of the Liability Waiver from the HR TOURS representative.

 

  1. MOTORCYCLE RENTAL

i. Motorcycle rental is provided by Hertz Ride and the cost of rental is included in the tour price. Hertz Ride will supply the motorcycle model confirmed by the Rider.

ii. The requested motorcycle may be replaced by another model in case of unexpected and uncontrollable situations before departure or after the start of the tour. Such situations include, but are not limited to, mechanical failure, collision damage and theft. In this case Hertz Ride reserves the right to substitute the previously confirmed motorcycle model. Should Hertz Ride be unable to replace the motorcycle with the requested model or a similar one, a refund proportional to the difference in models, if any, will be made to the Rider. This will constitute Hertz Ride’s maximum liability.

iii. Hertz Ride will request a damage deposit upon delivery of the motorcycle. The deposit amount is published on the Hertz Ride website and varies depending on the area of the tour and the motorcycle model.

iv. Should the Rider drive the motorcycle after ingesting alcoholic beverages or psychotropic drugs the disclaimer signed by the Rider will be considered null and void and the Rider incurs unlimited liability for damage to the motorcycle.

v. HR TOURS is not responsible for the replacement of the motorcycle damaged by the Rider or in an accident and, in such cases, the Rider shall not expect such replacement.

 

  1. ASSIGNMENT OF CONTRACTUAL POSITION

i. The Rider may, under the terms of Article 22(1) of DL 17/2018 of 8 March cede his/her position, being replaced by another person who meets all the conditions required for the tour, if he/she informs the travel and tourism agency, in writing, up to seven consecutive days before the scheduled departure date.

ii. The transferor and the transferee, under the terms of Article 22(2) of DL 17/2018 of 8 March, are jointly liable for the payment of the outstanding balance and for the fees, charges or additional costs originated by the assignment, which will be duly informed and substantiated by documents provided by the travel and tourism agency.

 

  1. REIMBURSEMENTS 

Once the trip has begun, no refund is due for services not used by the Rider due to force majeure or for reasons attributable to the Rider, unless reimbursed by the respective suppliers. Failure to provide the services foreseen in the travel programme for reasons attributable to the organising agency and if it is not possible to replace them with equivalent ones, shall entitle the Rider to be reimbursed for the difference between the price of the services foreseen and those actually provided.

 

  1. RIDER ASSISTANCE

i. In the event of difficulties faced by a Rider, or when for reasons not attributable to him/her, he/she is unable to finish the tour, the travel and tourism agency is obliged to assist him/her, namely by:

  1. Making available appropriate information on health services, local authorities, and consular assistance; and
  2. Assisting the Rider in making remote communications and finding alternative travel arrangements.

ii.  HR TOURS may charge a fee equal to the costs it has incurred because of providing such assistance, if the difficulty justifying the request for assistance was caused by the Rider deliberately or through negligence, not exceeding, however, the costs actually incurred by the agency.

iii. If, due to unavoidable and exceptional circumstances, the Rider is unable to return to the Tour's starting point, the organising travel agency is responsible for the necessary accommodation costs, if possible, of equivalent category, for a period not exceeding three nights per Rider.

iv. The retail travel agency is jointly responsible for the obligation in question, without prejudice to the right of recourse under the general terms applicable.

v. The limitation of costs provided for above shall not apply to persons with reduced mobility or persons accompanying them, to pregnant women and unaccompanied children, or to persons requiring specific medical treatment, provided that the travel and tour operator has been notified of such specific needs at least 48 hours before the start of the tour.

 

  1. TRAVEL AND EVACUATION MEDICAL INSURANCE

The Rider will have to purchase travel medical insurance in his/her home country that does not exclude motorcycles as a means of transportation and that ensures medical assistance while travelling and evacuation transportation to the country of residence in case of accident or medical emergency. The insurance must be valid for the duration and all countries where the tour will take place. A copy of the Rider's insurance policy will need to be given to the tour responsible when he/she provides the initial instructions for the tour. If the Rider does not provide proof of travel medical insurance, he/she will not be able to participate in the tour and the total amount paid will not be refunded.

 

  1. TRAVEL AGENCY LIABILITY

i. The travel and tourism agency is responsible for the proper performance of all travel services included in the travel contract.

 ii. In the case of a tour, travel and tourism agencies shall be liable to Riders, even if the services are to be performed by third parties and without prejudice to the right of recourse under the general terms applicable.

iii. Organising travel and tourism agencies are jointly liable with retail agencies in the case of tour.

 iv. For all other travel services, the travel and tourism agency shall be liable for the correct issuance of the accommodation and transport tickets and for the culpable choice of service providers if these have not been suggested by the Rider.

v. The travel and tourism agency acting as intermediary in sales or reservations of single travel services is responsible for errors in the issuance of the respective tickets, even in cases arising from technical deficiencies in the reservation systems that are attributable to them.

vi. The travel and tourism agent shall be liable for any errors due to technical failures in the reservation system attributable to it and, where it has agreed to book a tour or travel services which are part of associated travel arrangements, for errors made during the reservation process.

vii. The travel and tourism agency is not responsible for errors in the reservation which are attributable to the Rider or which are caused by unavoidable and exceptional circumstances.

 

  1. COMPLAINTS

i. Any nonconformity in the performance of a travel service included in the tour contract must be reported to the organising travel agency or retailer in writing or other appropriate form as soon as such nonconformity occurs, i.e., without undue delay, pursuant to Article 28(1) of DL 17/2018 of 8 March.

ii. The right to submit claims for the purpose of price reduction or right to compensation for lack of conformity of the travel services included in the tour shall prescribe within 2 (two) years, pursuant to Article 28(5) of DL 17/2018 of 8 March.

  1. ALTERNATIVE CONSUMER DISPUTE RESOLUTION BODIES

Under the terms of Law 144/2015 of 8 September in its current wording, we inform you that Riders may resort to the following Alternative Consumer Dispute Resolution Bodies:

  1. Travel and Tourism Agencies’ Customer Ombudsman in www.provedorapavt.com
  2. Portuguese Tourism Arbitration Committee in www.turismodeportugal.pt.

 

  1. INSOLVENCY 

In case of insolvency of the travel and tourism agency, the Rider may apply to the Travel and Tourism Guarantee Fund, and to this end should contact Turismo de Portugal I.P., the body responsible for the respective claim:

Turismo de Portugal, I.P. 

Rua Ivone Silva, Lote 6, 1050-124 Lisboa

Tel. 211 140 200 | Fax. 211 140 830

info@turismodeportugal.pt  

  1. Insurance

i. The liability of the travel agency selling this program and arising from the obligations undertaken is guaranteed by civil liability insurance with the Company Companhia de Seguros Fidelidade, policy number 64530714, in the amount of € 75.000,00 and under the terms of the legislation in force.

Ii. The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation costs.

 

  1. TAXES

The prices mentioned in this program already reflect Value Added Tax at the current rate (23%). 

 

INFORMATION:

- These general conditions may be modified by any other specific ones, provided these have been duly agreed between the parties.

- The prices of the programs are based on the average quotation of the dollar, so that any relevant derivation of this currency may imply a revision of the prices of the trip under the terms set out in the "price change" clause.

- Due to the impact that constant changes in fuel prices have on the prices practiced, the fuel supplement included in the price and in the terms set out in the "price change” clause may change.

- The hotel categories shown in this brochure follow the quality standards of the country of origin and may be changed for similar ones when for reasons beyond the agency's control it is not possible to maintain or confirm the existing reservation, the agency being required to inform the Rider as soon as it becomes aware of this.

 

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