Terms and Conditions - Toro Adventure

General Terms and Conditions of Travel and Contractual Agreement

These General Terms and Conditions of the contractual agreement are a constituent part of the travel agreement between GS HIRE SPAIN SL (ToroAdventure) and the participa nt (Customer). Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, reserved.

1. Contractual agreement

You can book a trip in writing by email. The contractual agreement shall not come into force before receiving written confirmation of the reservation. The prerequisite for participation is the signed liability waiver and the agreements for the use of rental motorcycles.

2. Down Payment – Final Payment

Together with the reservation confirmation, the customer will receive an invoice from ToroAdventure that is to be paid as follows:

A down payment (deposit) of 30% per participant for Spanish trips and 40% for Morocco trips at the time of booking.. The down payment (deposit) is nonrefundable.
The remaining balance of 70% for Spanish trips will be payable 15 days prior to the trip unless otherwise agreed with ToroAdventure. For Morocco trips the remaining amount of 60% will be payable at least 30 days prior to the trip.

3. Services and Prices

Confirmation provided by ToroAdventure GS HIRE SPAIN S.L lists the services in detail and the total amount to be paid. The customer must provide additional payment for any individual services that he/she may require on conclusion of the contractual agreement or during the trip.

Any changes to the scheduled routes or overnight accommodation shall not be considered as a change to the offered services provided the changes, deviations or variations do not substantially alter the overall character of the booked tour.

Please bear in mind that a motorcycle tour demands a higher degree of participation and cooperation on your part than a conventional package tour. Many aspects are not completely predictable and cannot be fully planned in advance. We therefore hope you will appreciate any changes that may prove to be necessary.

If the hotel is not able to provide you with a single room despite confirmation, we will reimburse proportionally the additional amount paid to us.

4. Cancellation

The customer may cancel the tour in writing at any time before the start of the trip. The date of receipt of the cancellation by ToroAdventure shall be decisive. If the customer cancels a tour, ToroAdventure shall be entitled to demand cancellation costs amounting to the following:

As above specified the deposit is nonrefundable.

If the rest 70% of payment have been done before 15 days the client will receive a refund of:

7-8 weeks prior to commencement of the tour – 50% refund.
4-6 weeks prior to commencement of the tour – 40% refund.
2-4 weeks prior to commencement of the tour – 25% refund.
0-2 weeks prior to commencement of the tour – no refund.

The price will not be refunded if the customer does not arrive or arrives too late for the departure. If the customer misses the return flight or trip home, he/she himself/herself must organise the return journey. The customer shall not be entitled to any compensation from ToroAdventure .

Changes to scheduled dates, time and destinations are possible only by cancelling the existing agreement and subsequently booking a new tour. We recommend you take out travel cancellation insurance.

5. Cancellation by ToroAdventure

ToroAdventure shall be entitled to cancel a Morocco tour up to 30 days before the start of the tour if the minimum number of 5 participants has not been booked. In this case, the customer shall be notified accordingly and the amounts already paid shall be reimbursed entirely . No further claims or demands will be accepted.

If it is necessary to cancel a tour for reasons outside our control (force majeure, strikes, terror attacks,), the amounts already paid by the customer shall be reimbursed excepting the DEPOSIT(the deposit is nonrefundable). No further claims or demands shall be accepted. We also reserve the right to terminate the tour prematurely for the aforementioned reasons. In such cases, we shall reimburse the amount equivalent to the remaining days of the tour (excluding any flight costs). No further claims or demands shall be accepted.

In the event of undisciplined, dangerous or disruptive behaviour as well as disregard of road traffic regulations, ToroAdventure and his authorised tour guides shall be entitled to exclude individual participants from the tour. In such cases, the rental motorcycle will be repossessed and the tour and/or rental costs will not be reimbursed.

6. Premature Termination of the Tour by the Customer

If, for any reason whatsoever, the customer terminates the tour prematurely, he/she shall not be entitled to reimbursement of outstanding services charged by ToroAdventure to his/her account. If it is necessary for the customer to prematurely terminate the tour for a compelling reason, e.g. due to illness or accident or serious illness or death of a close family relative etc. ToroAdventure shall assist as far as possible in organising the return trip home.

7. Complying with Rules and Regulations

Each participant himself/herself shall be responsible for complying with the respective road traffic regulations. Each participant rides at his own peril and shall be liable for any damage he/she may inflict on fellow tour participants or other road users. This requirement also applies when the participant is following the tour guide. Each participant must adapt his/her riding style in the interest of their own safety.

8. Passport, Visas, Health Regulations and Driving Permits

The customer himself/herself shall be responsible for ensuring compliance with the passport, visa, health regulations and driving permits of the visited countries and for observance of the respective traffic regulations. If the customer cannot participate in or must prematurely terminate the tour due to failure to meet these requirements, ToroAdventure shall be exempt from any liability and shall not be obliged to refund payments to the customer.

There are currently no visa or vaccination requirements for EU citizens participating in our tours. The main requirement for all countries is a passport which is valid for at least 6 months and an internationally recognised motorcycle driving licence.

9. Liability

Within the framework of the duty of care of a professional businessman, GS HIRE SPAIN S.L ToroAdventure shall be responsible for thorough preparation of the tour, conscientious supervision and careful selection of the service providers as well as the correct execution of the agreed tour services corresponding to local customs.

Our liability shall be excluded or restricted as far as the liability of a service provider for services is also excluded or restricted in compliance with legal requirements. In any case, our liability shall be restricted for whatever reason to double the amount of the tour price:

In as far as damage incurred by the customer was caused neither deliberately nor through gross negligence on the part of ToroAdventure

In as far as we are only responsible for damage incurred by the customer due to the fault of a service provider.

In addition, GS HIRE SPAIN ToroAdventure shall not be liable especially in the case of traffic accidents. In this form of adventure trip, each participant in the tour shall be responsible and liable for his/her actions, riding style and choice of route as well as for judging his/her own riding abilities even when following the tour guide.

Each tour participant therefore declares his/her agreement that the owner, organisers and representatives of ToroAdventure shall not be responsible for his/her personal safety and shall not be individually or collectively liable for events that occur in connection with the implementation or participation in the tour and which may lead to injury, death or damage to his/her property, family, heirs or legal successors.

10. Liability and Weather

Depending on the season and weather conditions, ToroAdventure reserves the right to change the route of the tour and therefore the accommodation if deemed necessary. We always take care to ensure the character of the tour is not altered and make every effort to provide a consistently high standard of services.

The tour dates are chosen such that the prevailing weather conditions in the respective regions are optimally suited to a motorcycle tour. ToroAdventure shall bear no responsibility for bad weather conditions that may occur. The customer shall not be entitled to claim reimbursement of the tour and rental costs for this reason.

11. Travel Insurance

GS HIRE SPAIN S.L ToroAdventure recommends taking out travel insurance covering cancellation costs, accident, illness, n. GS HIRE SPAIN WILL NOT COVER ANY COST DERIVATIVE FROM ANY PERSONAL INJURIES OF THE RENTER.

12. Complaints

In the eventuality of disruptions in services or damage, the tour participant is obliged to do everything within reason to keep the effects to a minimum. However, should you have cause to complain despite the great care and attention we devote to the planning and execution of these tours, we request you notify us without delay. You can lodge complaints during our normal hours of business. In addition, we request that you file any claims or demands against us within one month from the end date of the tour. After this period of time has elapsed, claims can be filed only if, through no fault of your own, you were prevented from keeping this deadline. Any guarantee claims are to be filed only by the customer himself/herself and cannot be ceded.

13. Miscellaneous

The invalidity of individual provisions of the travel agreement shall not result in the invalidity of the entire travel agreement. This stipulation also applies to these travel conditions. All past drafts of the travel conditions are replaced by these travel conditions and are therefore no longer legally binding.

14. Place of Jurisdiction

Both parties shall agree on Málaga (Spain) as the place of jurisdiction.

15. Rental agreement

A. STIPULATIONS

1. Object – Through this Agreement,Toro Adventure makes available to the renter a motorcycle (hereinafter referred to as the “Vehicle”), as detailed in the Rental Form which forms part of this Agreement.

2. Delivery – The renter hereby delivers the Vehicle to the Renter whose model, mark, registration and other details are indicated in the attached Rental Form, in perfect mechanical condition. The external elements of the same will be checked in the presence of the renter in order to be able to verify the non existence of possible scratches or blows that it has. Otherwise, the damage will be noted on the Rental Form and can not be claimed from the Renter on the return. Although, renter expressly agrees to be responsible for any other damages that have accorded on the Vehicle at the time of the return, once the Rental has ended.

3. Return – The Renter will return the Vehicle tot the address, date and time indicated by Toro Adventure in the Rental Form, under the same conditions in which it was received, except for the normal wear and tear of its correct use. The delay in delivery will result in a charge of sixty euros (€60) per hour, calculated for fractions of minutes. In no case will the renter refund any amount of the rent if the Renter returns the Vehicle before the set time.

If for justified reasons, including but not limited to improper use of the Vehicle,Toro Adventure requests the renter to return it in advance,Toro Adventure agrees to return it as soon as legally required , waiving any claim for rental rights . The police will be denounced and any vehicle that is not delivered will be considered as stolen Vehicle after a period of two (2) hours counted from the time initially set or the time required by Toro Adventure. If the renter circulates with the expired contract and without the authorisation of the renter, the contracted insurance will automatically be suspended, and the renter will be solely responsible for any damage or claim as of that moment.

4. Mechanical Guarantee – If, due to mechanical reasons, the Vehicle can not terminate the rental period, the renter understands that the reason for the damage has been for reasons beyond the control of Toro Adventure without the owner acting in bad faith.Toro Adventure will endeavour to replace the vehicle on the same day. If it is not possible to replace the vehicle within 24 hours, a refund will be made for the appropriate time lost, this will be the amount paid for the rental of the vehicle and for no compensation other than this rental amount.

If the Vehicle is immobilised by mechanical damage, the Renter must contact the road assistance company agreed upon by Toro Adventure, and only with Toro Adventure. Only charges for the account of the emergency assistance company will be accepted in case of emergency and when the renter has previously authorised it.

5. Conditions of the Driver – The renter, as the driver of the Vehicle, and the authorised driver, claim to have the age required by Toro Adventure to drive the rented vehicle, that is, an age over 25 years, as well as sufficient experience to drive it. In this sense they claim to have a valid driving license in Spain to drive this type of Vehicle. Only those issued in accordance with Spanish legislation in force, those issued by the Member States of the European Union and those issued internationally by third countries recognised in Spain shall be considered as valid driving licenses in Spain. The renter and authorised driver undertake to comply at all times with the current legislation.

6. Assignment of the Vehicle – The renter may not assign the use of the Vehicle to third parties, unless the express and prior consent of the renter must be reflected by including them as additional drivers in the Rental Form. In this case the Renter will always be solely responsible to the renter and third parties for damages that may be caused in and with the Vehicle, regardless of who drove it at the time they were generated.

7. Using the Vehicle – The renter agrees to:

A) Do not transport people or goods, when this implies directly or indirectly subleasing the Vehicle.
B) Not allow the Vehicle to be driven by persons other than the renter or those that are expressly authorised in the Rental Form, are over 25 and are in possession of a valid driving license.
C) Do not drive the Vehicle inferior physical conditions motivated by fatigue, illness or the effects of alcohol or drugs.
D) Do not use the vehicle to tow or push other vehicles or trailers.

8. Misuse of the Vehicle – Any action that contravenes traffic regulations, vehicle manufacturer’s specifications and Toro Adventure’s directions will be considered misuse of the Vehicle. The abnormal wear, verified by the renter, of the mechanical parts of the Vehicle, especially of tires, will be considered misuse of the Vehicle and will be charged to the renter.

9. Scope of Circulation – The renter agrees not to drive the Vehicle outside the limits of the province in which it is delivered; And not to exceed the kilometers indicated according to model in the Current Price Tariff.

10. In Case of Accident – The renter agrees to immediately report any loss or accident to the Toro Adventure, including any fines or anything related to an incident will provide full cooperation with Toro Adventure and the insurre in the investigation and defense of any claim and proceeding.

A) Immediately contact Toro Adventure and then Insurance company to report what happened.
B) Obtain the complete details of the opposite party, completing the form delivered together with the Documentation of the Vehicle, which will send urgently toToro Adventure, advising by telephone in all cases of accident.
C) Notify the authorities immediately if there is responsibility of the third party.
D) Do not leave the Vehicle without taking the appropriate measures to protect it and safeguard it.

11. Damage of the Vehicle – The renter agrees to cover with the Deposit any type of damage that occurs in the Vehicle during the rental period, both in circulation and parking.Toro Adventure may withhold the part of the deposit that he deems appropriate to cover the repair. Once this is concluded, it will present the invoice corresponding to the renter, returning the part of the surplus deposit.

12. Loss or Theft of the Vehicle – As in the case of an accident, in case of theft or total or partial loss of the Vehicle, the renter undertakes to immediately notify this to Toro Adventure, on the mobile telephone indicated in the heading and to provide full cooperation with Toro Adventure and with the insurance company in the investigation and defence of any investigation or process. If the Vehicle is stolen or lost due to the negligence of the renter, (LEAVING THE KEY ON THE CONTACT) the renter shall be liable, and shall pay the renter the market value, according to the tables of the Ministry of Finance, without this implying a waiver by Toro Adventure to execute the legal actions Civil and / or criminal proceedings that it deems appropriate against the renter. If the cause of the robbery is not due to the negligence of the renter, the renter will only be responsible for the amount of the deposit deposited. In either case, the rental agreement shall be deemed to be cancelled, without the renter being entitled to any refund. In the event that theft occurs on any of the accessories or parts of the Vehicle, the renter will be responsible for theft and will indemnify the renter for the official fair price of the manufacturer of the stolen part or accessory plus the cost of the hand of work invoiced by the corresponding workshop.

13. Damages of the Occupants and Their Property – The renter and its occupant exempt the renter from any liability for any damages they may suffer, both physical and material derived from the normal or abnormal use of the leased Vehicle. They expressly declare to know the risks that the use of the Vehicle can produce. Likewise, renter relieves Toro Adventure of any liability for loss or damage occurring on objects left or transported on the Vehicle by renter or by any other person, or on their clothes, either during the term of the contract or after The return of the Vehicle. The renter must travel with the appropriate regulatory equipment and required by the competent authorities.

14. Fuel – The fuel is not included in the rental price.Toro Adventure will deliver the Vehicle with the full fuel tank. Likewise the renter will return the Vehicle in the same way. If the Renter delivers the Vehicle with less gasoline, the renter will charge the proportional part that is missing from the deposit, plus expenses of TEN EUROS, for the costs that are caused toToro Adventure.

15. Fines and Other Charges – The renter agrees to pay all fines for any violation of current and applicable legislation, especially that relating to the traffic code and transport regulations imposed on him, as well as the expenses derived from the removal of the public highway from the Vehicle, By the police authorities. In the case of fines that require the identification of the driver, the renter will notify the competent authorities, exclusively the identity of the renter. The Tenant will be responsible for the legal and judicial defense costs incurred by renter arising from accidents or illegal conduct by the renter and / or its accompanying persons, as well as the amount of days in which the renter can not Freely dispose of the Vehicle due to an embargo, damage or damage caused to it during the lease attributable to the renter.

16. Insurance – Toro Adventure will deliver the Vehicle covered by an insurance policy. The Vehicle is covered by a third party insurance policy (compulsory and voluntary civil liability, legal defence and roadside assistance). The renter will accept to take charge of their own damages.

The renter is not liable for any damage on the third party (driver, occupants of the vehicle, car or other materials).

The renter is liable for damage on the bike up to €2000 (€2000 being the highest amount that will be charged to the renter).

17. Loss of Keys, Padlock or Helmets – The loss of keys or lock of the Vehicle will be charged on the deposit deposited by the renter in the amount of the cost of the original key of the manufacturer plus the amount of three hundred euros (300 €), for the expenses incurred by the renter.

18. Rental Price and Charges Per Card – The rental price and deposit are determined by the current General Tariff, made available to the renter, plus the corresponding taxes at any time, and must be paid in advance by the renter. In no case may the deposit be used for an extension of the rent. Payment of these amounts must be made by credit or debit card. The total amount withheld from your card is €1500, this amount covers possible fines or damage to the vehicle. This amount will be refunded once the verification of invalidity of fines or damages has been finalised.

29. Rent – The renter agrees to rent the selected Vehicle and declares, whatever its nationality, to have read and understood all the conditions of this Contract.

20. Limit of Mileage – The renter agrees with the limit of 300 KM/ DAY. Any extra km will be charged at €0.30 per km.

21. Applicable Jurisdiction – In order to resolve any doubts or disagreements that may arise from the interpretation and fulfillment thereof, both parties expressly waive their own jurisdiction and submit to the Tribunals of Malaga.