Terms and Conditions

CONCLUSION OF THE CONTRACT

1.1) The customer may register for the trip in writing through any means (written document, WhatsApp, Social Network, Website or similar) or by email. Only after written booking confirmation by the organizer does the travel contract come into effect.

1.2) A prerequisite for participation is the presentation of the signed liability waiver or, failing that, the acceptance of these conditions which are accepted upon payment of the tour. If motorcycles from the organizer or a strategic partner are used, the motorcycle rental contract must also be signed.

1.3) No reservation is recorded in our system without the customer declaring that they have read and accepted the General Terms and Conditions. Confirmation of acceptance of these conditions appears explicitly in the payment process as a notification.

DEPOSIT – BALANCE PAYMENT

Upon booking confirmation, the customer receives the organizer’s notification. This must be paid as follows:

2.1) By a minimum deposit of 30% of the tour price after delivery of the confirmation, or the amount stipulated on the website to make the tour reservation.

2.2) By paying the remaining balance at least 20 days before the start of the trip.

2.3) The organizer reserves the right to withdraw from providing the service in case of non-payment by the customer.

SERVICE AND PRICE

3.1) The organizer’s confirmation details the services and the total price to be paid for them. Individual services not listed, which the customer requests at the conclusion of the contract or during the trip, must be paid additionally. These payments must be made directly by the customer, Toro Biker will not advance payments to third parties or its own in this regard. If the customer does not make these payments, Toro Biker is exempt from any liability or damages incurred by the customer.

3.2) Changes in itineraries or unspecified stops are not considered a change in services, provided that the changes or deviations are not significant and do not affect the overall nature of the booked trip; or are by mutual agreement with the customer.

3.3) Please note that a motorcycle trip requires more involvement from you than a usual package tour. Many things are not 100% predictable and cannot be planned in advance. We count on your understanding for any necessary changes.

3.4) The tour price includes transfer to/from the airport or train station in Valencia if the customer arrives/departs on the scheduled arrival and departure days of the tour. Customers arriving earlier or departing later than described in the tour itinerary are responsible for their own transfers to the airport.

WITHDRAWAL FROM THE TRIP

4.1) The customer may withdraw from the trip at any time before the start by written declaration. The date of receipt of the cancellation by the tour operator is decisive. In case of cancellation by the customer, the tour operator may charge flat-rate cancellation costs, which are calculated from the tour price as follows:

• from the date of deposit up to 41 days before departure: 30% of the tour price
• 40 to 15 days before departure: 50% of the tour price
• 14 to 8 days before departure: 75% of the tour price
• less than 8 days before departure: 100% of the tour price
• no-show: 100% of the tour price

The tour price is the total amount of all services charged to the customer by the organizer (tour price, motorcycle rental, bookings, etc.).

4.2) If the customer does not show up or arrives late for departure, the price will not be refunded. If the customer misses the return trip, they must arrange it on their own. There is no entitlement to compensation against the organizer.

4.3) Rescheduling of dates and destinations is only possible by withdrawing from the existing travel contract with a subsequent new registration.

4.4) If the customer abandons the tour once it has started, due to illness, unexpected travel or other personal reasons, no refund of the tour price will be granted. Any additional expenses arising from this abandonment, whether personal or affecting Toro Biker, must be borne by the customer.

4.5) If the tour undergoes variations or modifications due to force majeure or situations caused by the customer, any additional expenses incurred must be fully borne and paid by the customer.

WITHDRAWAL BY THE TOUR OPERATOR

5.1) If the minimum number of participants (quota) stipulated for the route is not met, the organizer may cancel a trip up to 20 days before its start. In this case, the client will be informed immediately and the amounts already paid to Toro Biker will be fully refunded. No further claims exist.

5.2) If a trip must be canceled due to reasons beyond our control (force majeure, strikes, terrorist attacks, accidents, WHO warnings, illness or accident of the tour guide, disasters or similar), a full refund of the amounts already paid by the participant to Toro Biker will be made. No further claims exist.

5.3) We reserve the right to cancel a tour already in progress for the reasons listed above. In such case, a proportional refund of the travel price for the remaining travel days will be made (excluding any flight costs). No further claims exist.

5.4) Individual participants may be excluded from the tour by the tour operator and its authorized tour guides in the event of undisciplined, dangerous, or disruptive behavior, as well as in the event of non-compliance with traffic regulations or this contract. As a result, the rental motorcycle will be confiscated, and no refund of the tour and rental price will be made. This terminates the contractual relationship with Toro Biker, without prejudice to any legal liabilities arising from the acts or omissions of the client. In this case, the client is responsible for arranging their return journey at their own expense and risk, with no right to compensation against the organizer.

PREMATURE TERMINATION OF THE TRIP BY THE CLIENT

6.1) If the client terminates the trip prematurely for any reason, they are not entitled to a refund of the services charged by the organizer.

6.2) If the client has to terminate the trip prematurely for a compelling reason, e.g. due to illness or accident, death of a close family member, etc., the organizer will make every effort to assist in organizing the return journey as far as possible. There is no right to a refund of the organizer's services charged. If there are additional costs arising from such termination, both personal and incurred by Toro Biker, these must be borne and settled by the client. Toro Biker will not make any payment, advance, or refund in this regard. In case of non-compliance with this clause, the legal consequences of clause 5.4 shall apply.

COMPLIANCE AND PERSONAL RESPONSIBILITY

7.1) The traveler is responsible for complying with the respective traffic regulations. Each participant rides at their own risk and is liable within the scope of legal responsibility for damages caused to other travelers or other road users. This also applies if the participant follows the tour guide. Each participant must adapt their riding style to the principle of their own safety.

7.2) The tour guide provided by the organizer only gives an approximate driving route, so the client follows this route at their own risk and is obliged to adapt their riding style to the prevailing conditions and their driving ability. If the client is unable to follow a route, they must stop the trip and immediately inform the tour guide.

7.3) The Client is solely responsible for the proper stowage of luggage on the vehicle. TORO BIKER SL is not liable for this.

7.4) The Organizer assumes no liability for loss or damage to personal valuables, documents, or electronic devices of the Tour Participant during the Tour.

PASSPORT, VISA AND HEALTH REGULATIONS

8.1) The client is responsible for compliance with the passport, visa, health, and driving license regulations applicable to the countries visited.

8.2) If the client cannot start the trip due to non-compliance with such regulations or has to terminate the trip prematurely, the organizer is exempt from any liability and is not obliged to refund payments made by the client.

DRIVING LICENSE AND RIDING SKILLS

9.1) By completing the booking, the client declares that they hold a valid driving license for the vehicle used on the tour during the travel period and that they have the necessary riding skills to safely control the vehicle on the tour route.

9.2) If after booking and before departure it turns out that the client does not have a valid driving license for the duration of the trip, the organizer is exempt from further contractual obligations, charging the cancellation fees listed in clause 4.1) above.

9.3) If after the start of the tour it becomes evident that the client does not have a valid driving license for the duration of the tour or does not have the necessary riding skills to safely control the vehicle used on the tour route, the legal consequences of clause 5.4 shall apply.

HEALTH, ALCOHOL AND DRUGS

10.1) A good general state of health is a prerequisite for participation in the Tour. Tour participants who do not meet these requirements may be excluded from participating in the entire tour or individual sections of the tour without any claims arising against the organizer.

10.2) Tour Participants are not permitted to consume alcoholic beverages, medications, or other substances that impair driving ability during the day as long as driving is still required. This also applies to clients participating in the tour as passengers. If alcohol, medications, or other substances affecting driving ability are consumed after the end of the daily ride, the client must ensure that the impairment is no longer present by the following morning before the ride begins. In the event of non-compliance, the legal consequences of clause 5.4 shall apply.

LIABILITY

11.1) The Organizer is liable within the scope of the duty of care of a prudent businessman for the careful preparation of the trip, the supervision and careful selection of service providers, and the proper provision of the agreed travel service in accordance with local custom.

11.2) Our liability is excluded or limited to the extent that, based on the applicable legal provisions governing the services to be provided by a service provider, the liability of the latter is also excluded or limited.

11.3) Our liability is, in any case and regardless of the reason, limited to twice the travel price,

a) insofar as damage to the traveler is not caused by the tour operator either intentionally or by gross negligence, or b) insofar as we are responsible for damage to the traveler solely due to the fault of a service provider.

11.4) Liability for delay is excluded.

11.5) Beyond that, the organizer is not liable, especially in the case of traffic accidents. In this form of adventure tour, each tour participant is solely responsible for their own actions, particularly their riding style and choice of route, as well as the assessment of their own abilities, even if they follow the tour leader (guide).

11.6) Each tour participant agrees that the owners, organizers, and representatives of the organizer are not responsible for their personal safety and are not liable, individually or collectively, for incidents related to the implementation of or participation in the tour that result in injury, death, or damage to their property, family, heirs, or legal successors.

11.7) The organizer is not liable for items lost or stolen during the tour.

11.8) TORO BIKER is pleased to offer assistance to clients requiring parcel or postal service for personal luggage or packages between our rental stations. This parcel service is provided by an independent company that is not part of TORO BIKER.

TORO BIKER only mediates between the Client and the parcel service. Therefore, TORO BIKER assumes no responsibility for delayed deliveries. In case of loss, damage, or delays occurring during shipment, the Client must file their own complaint with the parcel service provider and release TORO BIKER from any liability.

CLIENT LIABILITY FOR DAMAGES

From the moment of delivery until the return of the motorcycle, the renter is also liable to the lessor for slight negligence, with respect to loss (including loss or confiscation of the motorcycle) and for all damages (such as accident or operational damage, damage resulting from improper handling, and depreciation damage) occurring to the motorcycle beyond normal wear and tear during the rental period. In the event of damage to the rental motorcycle, the renter is liable for the repair costs actually incurred or determined according to an expert opinion, calculation and repatriation costs, expert fees, proportional technical and market depreciation, loss of rental income during the repair period or, in the case of total loss, for the replacement period. The renter reserves the right to prove lesser damage.

LIABILITY AND WEATHER

13.1) Depending on the season and weather conditions, the organizer reserves the right to change the tour route and, therefore, accommodations as necessary. In doing so, we strive not to alter the character of the tour and always provide similar services.

13.2) The organizer is not responsible for adverse weather conditions that may occur. For this reason, the participant is not entitled to a refund of the tour and rental price. It is the client’s responsibility to properly inform themselves about the prevailing weather conditions in the respective region and season before booking the tour and to adapt accordingly with appropriate equipment, including in the regions through which the tour passes. Toro Biker is not liable for damages that may occur to the client due to failure to adapt to weather conditions. If the client is unsure whether they can handle the prevailing weather conditions in the respective region and season of the tour, they should refrain from booking the tour. If the client books the tour despite uncertainty about being able to handle the weather conditions, they are not entitled to claim any refund of the tour and rental price and must bear any direct or indirect expenses incurred.

ACCOMMODATION AND HOTELS

The hotels and accommodations offered are country-specific and of a good standard. If, due to weather conditions or other influences beyond the control of the tour operator, the destination hotels cannot be reached, no claims for damages can be made. Any additional costs arising from this shall be borne by the participant.

Single rooms are available for an additional charge on a first-come, first-served basis, but cannot always be guaranteed due to limited numbers. If a single traveler wishes to share a double room with another traveler, the organizer will make every effort to find a suitable roommate. If this is not successful, the single room supplement must be charged.

OWN VEHICLE

Tour participants taking part in an organizer’s tour with their own vehicle are responsible for the legal and technically sound condition of their vehicle and the necessary vehicle documents, as well as the required vehicle insurance. TORO BIKER cannot provide insurance in this case.

OFF-ROAD TRAVEL

Off-road riding with vehicles provided by the organizer, outside the respective route determined by the organizer, is not permitted. Likewise, misuse of the rental vehicle is prohibited. The client is fully and unlimitedly liable for damages caused by unauthorized off-road riding and misuse, notwithstanding the deductible.

INSURANCE

17.1) The organizer recommends taking out travel insurance for cancellation costs, accident, illness, theft, liability, and legal protection. Toro Biker is not liable for damages that may arise from the absence of such insurance.

DATA PROTECTION AND COPYRIGHT

Photos, slides, and videos taken on tours by representatives of the organizer are the property of TORO BIKER SL. TORO BIKER SL has the right to use this material for promotional purposes, even if the participant is recognizable in it, without incurring any cost from TORO BIKER SL to the participant. Furthermore, participants authorize the publication of videos and photos on social media through the channels of the organizer and its partners.

COMPLAINTS

19.1) The tour participant is obliged to do everything reasonable in the event of any service disruption or damage to keep it as low as possible. If, despite the utmost care we put into planning and executing these tours, you have reason for complaint, we ask that you notify us immediately. You may do so during our normal business hours.

19.2) Claims against the organizer must be submitted within 30 days after the end of the trip. After this date, claims can only be made if you were prevented from meeting this deadline through no fault of your own.

19.3) Any warranty claims may only be made by the Client themselves and cannot be assigned.

MISCELLANEOUS

The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. The same applies to these travel conditions. All previously published travel conditions are replaced by these and therefore lose their legal validity.

ORAL AGREEMENTS

Provisions of the contract are ineffective until they have been confirmed in writing by TORO BIKER.

PRINTING ERRORS

TORO BIKER reserves the right to correct misprints and calculation errors at any time.

PLACE OF JURISDICTION

It is agreed that the place of jurisdiction for both parties is Valencia (Spain).

ORGANIZER

Toro Biker S.L

C/ Enriv Valor 4, local 2, Bj. Paterna, Valencia, Spain

VAT ID: B16431702 -. Travel agency number: CV-MM 2576-V. Phone: +34 617538883