AGB

Travel and rental conditions

Tour Organizer is COSTA RICA MOTO (SWISSMOTO Ltda. Cédula Juridica 3-102-570057)

  1. Reservation and deposit
    The following applies to bookings made verbally, by telephone, in writing, by email or by WhatsApp:
    - With the booking (travel registration), the customer makes a binding offer to the tour operator to conclude the travel contract.
    - The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) by the tour operator. It does not require any particular form. Upon or immediately after conclusion of the contract, the tour operator will send the customer a travel confirmation in writing or in text form and inform the customer of the amount of the deposit.
    - By making a deposit, the customer accepts the COSTA RICA MOTO General Terms and Conditions of Travel and Rental. The deposit is usually 25% of the tour price, unless otherwise agreed.
    - The tour participation/rental will be confirmed after receipt of the deposit.
    - The desired motorcycle will be reserved after receipt of the deposit.
  2. Payment
    The balance of the tour price is due 6 weeks before the start of the tour. For bookings made less than 6 weeks before the start of the event, the tour price is due upon reservation. Special payment arrangements apply for trips during the Christmas, New Year and Easter holidays.
  3. Rental motorcycles
    When renting a motorcycle, an additional security deposit is due upon pickup of the motorcycle (credit cards, vouchers are kept until the end of the year). An additional rental contract will be signed upon pickup, this also applies to tour participants who have a rental motorcycle included in the tour price. If a rental motorcycle is included in the tour price for a guided tour, the terms and conditions of the rental company apply. To pick up the rental vehicle, the customer must be in possession of a valid driver's license for the rented vehicle. This proof must be provided at the tour start. In case of non-compliance, COSTA RICA MOTO reserves the right not to hand over the rented vehicle and to exclude the tour participant from the tour. In this case, COSTA RICA MOTO is not obliged to provide a refund of the paid services of any kind and is not liable for any additional costs incurred by the client due to this event. The tour participant / renter agrees to always treat the rental motorcycle with care. As far as he has caused a damage to the motorcycle, there is no claim to the provision of a replacement vehicle, the same applies if the motorcycle was stolen. As far as a damage occurs to a motorcycle, which cannot be repaired within a reasonable period of time during the tour, there is no claim for a replacement motorcycle, no matter if the renter is responsible for the damage or if the damage occurs without his fault. However, in case of no fault, he/she is entitled to a refund of the pro-rata rental price of the motorcycle. COSTA RICA MOTO will try to provide the Tour Participant with the requested vehicle model, but reserves the right to replace it with a comparable vehicle model in case of an unforeseen situation such as technical defect, accident, theft or similar.
  4. Damage to the rental motorcycle
    The renter is responsible for damage caused by a fall or accident and is also liable for consequential damages such as return transport, failure of the motorcycle, deductible for insurance claims as well as for claims of third parties. Lost or unusable vehicle documents will be charged with US$ 150. Lost motorcycle keys will be charged at US$ 150.-, plus the cost of bringing the replacement key.
    Our motorcycles have a maximum payload, which can be seen on the description of the respective motorcycle type on our website. The renter is liable for direct and consequential damages to the motorcycle if the maximum load is exceeded.
    All damages caused by the renter must be paid before departure, in case of insurance claims the contractual deductible must be paid before departure.
    COSTA RICA MOTO reserves the right to charge the renter for damages that have not been reported.
  5. Motorcycle Insurance
    The rental motorcycles of COSTA RICA MOTO have a mandatory liability insurance. The renter/tour participant is liable for damages to the rented motorcycle and is responsible for the contractual deductible in case of damages to third parties. In addition, comprehensive insurance can be taken out to cover damage to the rented motorcycle. The insurance conditions can be requested separately and the insurances must be ordered at least 15 days before the start of the rental tour.
    All insurances against theft or damage as well as additional liability insurances are subject to the general terms and conditions of the rental contract and conditions of the insurance company and do not include any protection against injuries, against damages to personal property or damages resulting from negligence, for example by illegal use or the use of the motorcycle under the influence of drugs or alcohol. Any accident or damage to the rental vehicle to be covered by the policy must be documented by the police and an insurance agent. The renter is liable for all damages to the rental vehicle without police/insurance report.
  6. Fines
    In case of a fine, the renter / tour participant is obliged to pay immediately, he is also liable for consequential costs in case of confiscation of the motorcycle or the license plate, he reports this in any case to the lessor. COSTA RICA MOTO reserves the right to charge the renter for fines that have not been reported, including interest on arrears.
  7. Passport, Visa and Driver's License Regulations
    The renter confirms to be in possession of the motorcycle driver's license of the respective class of the rented motorcycle. A foreign driver's license is valid for 3 months in Costa Rica. The renter agrees to carry passport, driver's license and vehicle documents at all times when using the motorcycle.
  8. Minimum number of participants
    We reserve the right to cancel a trip up to 45 days before the start of the trip if the minimum number of participants specified in the respective travel description has not been reached by then. A new offer will be made to the customer to carry out the trip, if he does not accept it, he will be refunded the deposit paid. COSTA RICA MOTO will not be responsible for any additional costs or losses (airline tickets, rental cars or hotel reservations) due to the cancellation of the tour.
  9. Withdrawal and reimbursement
    The tour participant may withdraw from the tour at any time before the start of the tour. They also have the right to request that a third party takes part in the trip instead of them up until the start of the trip. COSTA RICA MOTO may object to the participation of a third party if this third party does not meet the special requirements of the event or if its participation is contrary to statutory regulations, including those of the country of travel, or official orders. If a third party enters into the contract, the tour participant and the third party shall be liable to COSTA RICA MOTO as joint and several debtors for the tour price and any additional costs incurred.
    COSTA RICA MOTO shall be entitled to the following payments in the event of the tour participant's withdrawal:
    After registration up to the 61st day before the start of the event, 10% of the tour price. After registration up to the 61stday before the start of the event 10% of the participation price
    60 to 41 days before the start of the event 20% of the participation price
    40 to 16 days before the start of the event 50% of the participation price
    15 to 0 days before the start of the event 90% of the participation price
    Except where individual hotels have more restrictive cancellation conditions, in which case the hotel's cancellation conditions will be charged for the booked hotel price.

    Cancellation for motorcycle rental only:
    up to 15 days before the start of the rental free of charge
    from 14 days before the start of the rental in the amount of the deposit paid
  10. Change to the tour itinerary
    The tours are highly seasonal, in case of a change of itinerary due to weather conditions or road closures COSTA RICA MOTO will automatically adjust the hotels and the itinerary. COSTA RICA MOTO is not responsible for the weather and cannot be held responsible in case of severe weather. Refunds in case of severe weather are excluded.
  11. Free transfer
    A transfer between the hotel, which you will receive directly after arrival and before departure, and our COSTA RICA MOTO station, is included on all guided tours. However, certain restrictions might apply.
  12. Tour Cancellation
    If the tour cannot be started or has to be interrupted or terminated due to reasons beyond the control of COSTA RICA MOTO or its contractors or clients, as well as in a case of force majeure such as riot, flood, earthquake, strike, etc., the contract will be void.
  13. Liability
    COSTA RICA MOTO is responsible and liable for careful travel preparations, selection and supervision of service providers (hotels, ferry connections, etc.), provision of the agreed services in accordance with local custom and an accurate travel description.
    Furthermore, COSTA RICA MOTO is not liable for traffic accidents. Each tour participant is responsible and liable for his/her own driving and choice of route, even if he/she follows the tour guide.
    Furthermore, each participant agrees that COSTA RICA MOTO owners, organizers and representatives are not responsible for his/her personal safety and are not liable, either individually or collectively, for incidents related to the conduct or his/her participation in the tour that result in injury, death or damage to his/her property, family, heirs or legal successors.
    The liability of COSTA RICA MOTO as tour operator and rental company, regardless of the legal reason, is limited in total to the amount of the tour price (rental price).
  14. Price increases
    Tour price and rental fees are calculated based on the exchange rates and costs at the time of printing. If exchange rates or costs change, we must reserve the right to change the tour price and rental fees. If the change exceeds 5 percent of the tour price or rental fee, the tour participant/renter may cancel the contract within ten days.
  15. Participant Assurance
    The participant assures to be the holder of a valid driving license. He rides at his own risk and participates in the trip with his rented motorcycle, which is approved for public road traffic and in safe driving condition. The rules of the road traffic regulations of the respective travel country as well as their legal regulations for liability and vehicle insurance apply. There is no additional insurance on the part of COSTA RICA MOTO. The participant assures to participate in the event only with proper motorcycle protective clothing.
  16. COMPLIANCE WITH INSTRUCTIONS
    If a participant violates protective regulations or if the other participants or the proper execution of the event are endangered or injured or damaged by his behavior, the representatives of COSTA RICA MOTO have the right to exclude the participant from the further event without reimbursement of his participation fees and costs incurred by him. The participant has to comply with the road traffic regulations in the respective countries of travel and has to adapt his driving behavior, especially the driving speed, to the conditions of the driving route, the group and the traffic. It is expressly pointed out to the participant that he/she is responsible for his/her own driving behavior and that he/she is liable under civil and criminal law for any accidents and/or damage caused thereby, also towards other participants or other third parties. The participant assures with his signature that he has taken note of this liability notice and has himself provided for sufficient insurance coverage.
  17. Disclaimer of liability of the renter /tour participant
    Every tour participant is obliged to sign a disclaimer and a rental agreement before the start of the tour. Without the signature on the appropriate documents, participation is not possible.
  18. Services included in the tour price
    They are listed in detail under "Services". Any services not specifically listed as included are not included in the tour price.
  19. Exclusion of liability of COSTA RICA MOTO for external services
    COSTA RICA MOTO is not liable for damages or bodily injuries in connection with services that are only mediated or recommended as external services (horseback riding, helicopter flights, canopy, exhibitions, etc.).
  20. LUGGAGE
    For escorted tours, we can accommodate one piece of luggage per tour participant in the escort vehicle. Items of a personal nature such as passport, money, camera, etc. should be carried on the motorcycle. COSTA RICA MOTO is not responsible for any loss, damage or delay in the provision of luggage during the tour, including deposited luggage. We recommend that you take out travel and luggage insurance.
  21. Reimbursement of individual travel services
    If the customer does not make use of individual travel services that were properly offered to him for reasons that are attributable to him (e.g. due to early return or other compelling reasons), he has no right to a proportional reimbursement of the travel price. The tour operator will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are insignificant.
  22. Start and finish
    of the motorcycle tours is Limonal de Orotina, also applies to motorcycle rental.
  23. Photos/Videos
    The participants of the trips agree to the storage and publication of pictures and videos of the tour, even if the participants can be recognized on them. The participant will not receive any compensation from COSTA RICA MOTO for this.
  24. Contractual Interpretation, Waiver and Invalidity
    Should any provision of these GTC Travel and Rental Conditions be invalid, unenforceable or ineffective, the validity of all other provisions of these GTC Travel and Rental Conditions shall not be affected.
  25. Changes to the GTC travel and rental conditions
    COSTA RICA MOTO reserves the right to change these GTC travel and rental conditions at any time in part or in full. These GTC travel and rental conditions are published on our website at www.costarica-moto.com in the currently valid version and can be viewed there by interested parties / customers. Upon request, we also provide the GTC travel and rental conditions to the customer / interested party in PDF form.
  26. Place of jurisdiction
    For all disputes, regardless of the nationality of the customer and the location of the claim, only Costa Rican courts under Costa Rican law shall have jurisdiction. The place of jurisdiction is Cartago Costa Rica.

    Organizer: Costa Rica Moto
    30m Oeste de la iglesia Limonal, Orotina, Alajuela, Costa Rica

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