Terms & Conditions
Terms and Conditions form an integral part of the tour contract entered into between the customer and Bike Tour Asia Ltd. (herein called BTA). Any special conditions and itineraries detailed in the various travel offers between the customer and BTA shall prevail these Terms and Conditions. All statutory references herein shall refer to the said statutes under Thai law.
I. GENERAL TRAVEL TERMS AND CONDITIONS
Save as otherwise stipulated herein the provisions of the Civil and Commercial Code and the Tourism Business and Tour Guides Act 2008 shall apply.
For the purpose of these Terms and Conditions:
Tour operator is a licensed tour operator under the Tourism Business and Tour Guides Act 2008 either offering several touristic services at a package price (package holiday / travel organization) or promising to render individual touristic services as services on own account and for this purpose usually providing own brochures, advertisements, etc. If third party services are arranged (e.g. optional trips at the holiday resort), a company acting as tour operator may also act as agent if it refers to this function as agent.
BTA AS TOUR OPERATOR
The following provisions form the basis of the contract – hereinafter referred to as tour contract – concluded between the booking party and BTA as tour operator either directly or through an agent. In case of a indirect contract, the agent’s obligations analogously apply to the tour operator.
The booking can be effected in writing, via on-line, by fax, per telephone or verbally. BTA should then immediately confirm in writing the booking if known contact of the customer is given to BTA.
The tour contract is effective as between the booking party and BTA if the parties agree on the material parts of the contract (price, service and date). This results in rights and duties for the customer and BTA.
2. Information and other incidental services
2.1. Information on passport, visa and driving license regulations
It is presumed to be known to the customer that a valid passport is needed for travels abroad. BTA shall inform the customer about passport, visa and driving license provisions. Nonetheless BTA provides only preliminary travelling information and it does not provide any legal advice and shall not be responsible for its advice. The customer himself is responsible for compliance with these regulations.
2.2 Information regarding the travel service
BTA is obliged to represent to the customer the service of the tour operator or the service provider to the best of its knowledge as such service relates to the characteristics of the arranged contract and the conditions in the place of destination.
2.3 Impairments of performance
In case BTA breaches its obligations under the contract, it shall be liable to the customer for damage not attributable to a fault of the customer and in an amount not exceeding the tour price by the customer to BTA in respect of such contract.
3. Contents of the contract
In addition to the information obligations also applicable to the agent (information on passport, visa and driving license), BTA must provide sufficient information about the service offered. The service descriptions in the catalogue and/or brochure, either hard print or electronic, are valid at the time of the booking as well as the other information contained therein are the subject matter of the tour contract, unless differing agreements have been made at the booking. Such agreement shall be made in writing and contain at least the following information:
(1) Name of the tour operator, address and its tourism license number;
(2) Travelling duration;
(3) Tour fee and payment;
(5) Destinations and stops including tourism sights;
(6) Accommodation and meals;
(7) Number of tour guides; and
(8) Minimum number of customers in case of group tour with a condition of the minimum tourist requirement.
4. Travels including special risks
If travels include special risks (e.g. expeditions, motorbike driving), BTA will not be liable for the consequences of special risks exceeding its scope of duty. The tour operator’s obligation to thoroughly prepare the journey and to thoroughly select the persons and companies being in charge of the execution of the single travel services remains unaffected.
5. Legal bases in case of impairments of performance
If the service has not been carried out or only been carried out in an incomplete manner, the customer has a right to claim on warranty. During journey the tour operator shall not change the travelling schedules without the customer’s consent except for the event of force majeure or any other reasons stated in the chosen tour program. In the event of such change in schedule the tour operator shall proportionately refund the tour fee to the customer save and except that such change is for a comparable or better replacement.
If BTA violates the duties of the contractual relationship either intentionally or by negligence, BTA is obliged to compensate the actual damages to the customer. To the extent, BTA is responsible for persons other than its employees, it will be liable – except in cases of personal injury –only if it is proven that such liabilities are caused directly by intentional act or gross negligence of BTA. Except in case of intention or gross negligence, BTA will not be liable for objects that are usually not brought along unless it has taken these objects in custody knowing the circumstances. The customer is therefore advised not to carry along objects of special value. Moreover, it is recommended to orderly keep the objects that have been brought along.
5.3. Notification of failures
The customer must immediately inform BTA representatives of every failure in the performance of the contract that he/she observes during the tour. This implies that the customer has been notified about a BTA representative and that the latter is available on site without considerable efforts. If this notification by the customer is omitted, this will not affect the customer’s right to claim on warranty under 5.1. If applicable and for lack of a local representative, it is recommended that the customer either inform the respective service provider BTA itself about failures and to request remedy.
6. Assertion of possible claims
In order to simplify the assertion of claims, the customer is advised to obtain a written confirmation regarding the non performance of services or improper performance, respectively, and to secure receipts, evidences and witnesses. In the interest of the customer, it is recommended to immediately assert claims after having returned from the journey directly at BTA or via the procuring travel agency, as difficulties regarding the evidence have to be anticipated with any delay. Claims may be barred by the statute limitation under Thai laws.
7. Cancellation of the contract
7.1. Cancellation on the part of the customer before the beginning of the Journey
a) Cancellation without cancellation fees
If the customer already makes a full or partial payment of the tour fee to BTA and cannot travel due to his own reason not attributable to a fault of BTA, the customer can either (i) terminate the contract prior to the journey and in such event of contract termination BTA shall refund to the customer an amount at a rate specified in paragraph II 2 (a) (cancellation fees for TIV) by BTA or (ii) change the contract and request for participation in other comparable journey program if BTA is able to provide the same.
Notice of cancellation
When cancelling the contract attention should be paid to: The customer (principal) may inform BTA or the agent at which the travel has been booked at any time that he will cancel the contract. In case of cancellation, it is recommended to do this
- by e-mail, registered letter or personally, with a simultaneous written declaration.
b) No show
No show means the customer does not appear for the departure without prior notification to BTA, whether he does not want to travel or if he misses the departure for any negligence for which he is responsible or for any incident that happens to him. In such case the tour fee paid will not be refunded under any circumstances.
7.2 Cancellation by BTA prior to departure
a)BTA will be released from its obligations under the contract if a minimum number of participants specified in the travel description is not achieved and if the customer has been notified about the cancellation in writing or by e-mail within 42 days prior to departure of the travel.
b)BTA will be released from its obligations under the contract if its cancellation is based on force majeure, i.e. due to exceptional and unforeseeable events that cannot be influenced by the party referring to force majeure and the consequences of which couldn’t have been avoided despite exercising due care. However, this does not include overbooking, but it includes governmental orders, strikes, war or situations similar to war, epidemics, natural disasters, extreme weather conditions etc.
c) In cases of clauses 7.2(a) and (b), the deposit payment or any amount of the tour fee paid will be refunded to the customer. He is also entitled to the option according to 7.1.(a) (ii).
7.3. Cancellation by BTA after the beginning of travel
BTA is released from its obligations under the contract if within the scope of a group travel, the customer, despite a warning, continues to disturb the travel performance by grossly improper behavior. BTA has the right to terminate the remaining tour schedule at the customer’s fault. If it was the customer’s fault, the customer is obliged to compensate BTA for the damage he has caused as well as no refund of any part of the tour fee will take place.
8. Changes to the contract
8.1. General Provisions
If there is any change in the contract prior to tour fee payment, BTA shall immediately inform the customer. If such change in the contract or travelling schedule is made before the tour starts and after the tour fee payment, the customer shall have an option to accept such change or terminate the contract. In the event of contract termination BTA shall fully refund the paid tour fee to the customer without any deduction.
8.2. Changes to service after beginning of travel
During journey the tour operator shall not change the travelling schedules without the customer’s consent except for the event of force majeure, extreme weather conditions and other reasons stated in paragraph 7.2 b. In case of changes to the service after travel begins for which BTA is responsible, BTA shall proportionately refund the service fee to the customer save and except that such change is for a comparable or better replacement.
If it turns out after the departure that a material proportion of the contractually agreed services will not or cannot be provided, BTA shall – without additional remuneration – make suitable alternative arrangements so that the travel can be continued. If it is impossible to make such arrangements, or these are not accepted by the customer for good reasons, BTA shall, where appropriate, provide the customer, at no extra cost, with transport back to the place of departure, or to another return-point to which the customer has agreed. Furthermore, in the case of non-performance or improper performance of the contract, BTA is obliged to assist the customer to the best of its abilities in the solution of the incident or incidents.
9. Provision of information to third parties
Information regarding the names of the customers and their whereabouts will not be provided to third parties unless the customer has explicitly requested an information provision. The costs caused by the transmission of urgent messages are for the customer’s account. Thus, the customers are advised to notify their relatives of their exact holiday address or addresses. This paragraph is not applicable in urgent cases such as medical assistance etc.
II. OTHER TRAVEL TERMS AND CONDITIONS
1. Booking and Payment
When the customer registers for a tour he/she is offering to enter into a legally binding travel contract with BTA, which will be accepted by BTA if BTA issues a written confirmation of travel. A deposit of USD 1'000 per rider and USD 500 per pillion are payable upon booking. The balance of the tour price shall be paid, without BTA having to send an additional request for payment, 60 days prior to tour start. BTA reserves the right to withdraw from providing service if the customer is late in paying. BTA only accepts payment by means of cashier cheque, bank transfer or credit card payment (Mastercard, Visa or PayPal).
2. Special conditions for travel involving vehicles (TIV)
“Travel involving vehicles” (hereinafter referred to as TIV) means tour arrangements that include or require the use of an engine-driven vehicle (a rented vehicle). Vehicles are, in particular but not limited to motorcycles, scooters, private etc.
a. Cancellation fees for TIV
Up to the 60th day prior to departure - USD 500.00, from the 59th to the 42nd day prior to departure – 30% of the tour fee, from the 41st to the 31st day prior to departure - 50% of the tour fee, from the 30th day prior to departure - 100% of the tour fee. It is recommended that an insurance policy covering travel cancellation be taken out by the customer. One rebooking latest 60 days before tour start is possible. After rebooking latest 60 days before tour starts the minimum cancellation fee is USD 500.00 per person.
b. “No show” in the case of travel involving vehicles
No show means the customer does not appear for the departure without prior notification to BTA, whether he/she do not want to travel or if he/she misses the departure for any negligence for which he is responsible or for any incident that happens to him/her. In such case, the tour fee paid will not be refunded under any circumstances.
c. Vehicle Rental and Security Deposit
The rental of a vehicle in the respective category booked is part of BTA service. The condition of vehicles will be in line with the prevailing circumstances in the country concerned. In no case is there any claim for a new vehicle to be made available. The customer must be in possession of a valid driving license for the rented vehicle in order to take it over. Evidence of that must be provided at the start of the tour. If that is not fulfilled BTA reserves the right not to hand the rented vehicle over and to exclude the customer from the tour. In such a case BTA is not obliged to refund payments of any kind and is not liable for the additional costs arising for the customer because of that. The illustrations used for BTA sales literature do not allow any conclusions to be drawn concerning vehicle specification. More precise information about rental vehicles and their specification may be requested from BTA. It will endeavor to make available the model of vehicle booked by the customer but reserves the right to replace that with a comparable model in the event of unforeseen situations such as a technical defect, accident, theft or similar occurrence. Should BTA not be in a position to make a comparable model of vehicle available then BTA will reimburse the customer for the difference between the vehicles’ daily rates. Any further liability on BTA’s part is thus ruled out. A security deposit of US$ 1,500.- is furthermore due for payment prior to the vehicle is taken over. This deposit is reimbursed when the vehicle is returned undamaged. BTA is not obliged to replace a damaged vehicle during a tour, but will try it out most to do so. If a rental vehicle develops a technical defect then the customer is obliged to report that to BTA immediately and BTA will do it outmost to repair or replace the vehicle if possible.
d. Driving license and driving ability
On completion of the booking the customer declares that he/she possess a valid driving license for motorbike over 250 cc (the vehicle) taking part in the tour for the period of travel and has the necessary driving ability, technically, mentally and physically to control such a vehicle booked, safely on the tour route. The customer also declares to have experience of driving motorcycles above 750 cc for at least a total of 10,000 km. The customer must immediately notify BTA of all changes with respect to his/her driving license that affect his/her participation in the tour (for instance, disqualification from driving). Should it turn out after the booking and before the start of the travel that the customer has no driving license valid for the travel period and for the category of vehicle chosen, then BTA shall cancel the booking and refund the paid tour fee at the rates specified by BTA in paragraph II 2 (a) (cancellation fees for TIV) and BTA is exempted from further contract fulfillments.
If BTA’s, a minimum of 2 experienced employees or BTA’s nominees, determines upon the first day’s safety/group riding at the race track practice that the customer lacks any experience and is not capable of driving such a vehicle booked and clearly creates a danger for himself or others in the group. BTA has the right to terminate the remaining tour schedule at the customer’s fault and in such a case, BTA will refund a 50% of the tour fee paid.
Should it turn out after the tour has started that the customer does not have a valid driving license for the tour period or does not have the necessary driving ability to be able to control the vehicle, refer above paragraph, taken over safely on the tour route, BTA shall then terminate the remaining tour schedule at the customer’s fault and no refund of any paid tour fees shall take place.
e. Local requirements
The customer joins the road traffic during the tour on his/her own responsibility and is obliged to heed the provisions of the local road traffic regulations. He/she must bear any penalties, fines or similar charges, including damage to a third party’s person or property attributable to his/her abuse of local traffic regulations.
f. Health, alcohol and medicines
Attention is drawn to a good general state of health, corresponding to the tour description of the tour, being a prerequisite for taking part in it. Tour participants who do not fulfill such prerequisites may be excluded from participation in the whole tour or sections thereof without any claim on BTA arising from that. Consulting a doctor is recommended, in any case, before the start of the tour. If there are doubts in respect of a tour participant’s state of health then a medical certificate to the contrary must, on request, be presented to BTA. During the day, as long as the vehicle still has to be driven, the customer is not permitted to take alcoholic drinks or medicines that affect his/her ability to drive. Alcoholic drinks may only be enjoyed after the day’s tour concerned has ended and/or after the vehicle has been safely parked for the night at the hotel. If the customer fails to comply with this condition, BTA shall then terminate the remaining travel schedule at the customer’s fault and no refund of remaining service fee shall take place.
g. Driving outside BTA’s official tour driving schedule.
Driving outside the route or outside the tour’s operating driving hours (means anytime from the vehicle is parked at the end of a day’s arrival point until the official start of the next day tour) laid down by BTA at all points is not allowed. The customer must bear losses arising, from unauthorized driving or outside BTA’s tour operating hours, in full and without self-insured retention.
The customer is liable in any case for all personal injuries and damage to property caused by his/her intentional misconduct or negligence and shall indemnify and hold BTA harmless against all third party claims asserted directly on BTA in connection with such injuries and/or damage. Damage caused by customer’s intentional misconduct or negligence means in particular (but not limited to) damage attributable to driving mistakes, lack of driving ability and/or disorderly driving behavior (for instance, driving on the back wheels, making a racing start, failing to comply with safety spaces between vehicles etc.).
i. Own responsibility
The guide provided by BTA gives only an approximate driving route, so the customer follows that route on his/her own responsibility and is obliged to adapt his/her driving style and ability to the prevailing circumstances. If the customer is not in a position to follow a driving route then he/she must not drive any further along it or take his/hers own route and immediately notify the guide accordingly. The customer is personally responsible for the proper stowing of items of luggage in/on the vehicle. Any liability on the part of BTA for that is excluded. It is recommended that personal valuables and documents are not stored in the vehicle’s luggage.
a. Personal Travel Insurance
A personal traveling insurance is mandatory and not included in the tour fees. It is a condition of your booking with us that the customer has travel insurance coverage for driving or being a passenger on a motorcycle of 250 cc or more (not in competition). We advice that your travel insurance covers medical, repatriation, liability and personal accident as minimum.
Failure to provide this insurance before tour start will exclude the customer from the tour without any refund of the paid tour fees.
b. Motorcycle insurance
BTA’s motorcycles are fully insured with:
*Third party liability insurance
*Full first class comprehensive insurance with a deductable of up to a maximum US$ 1,500.- in case of an accident. The amount deductable to be determined and confirmed by a third part expert upon evaluating the damage of the motorcycle.
4. Data protection and copyright
Photographs, transparencies and videos taken on the tours by BTA representatives are BTA’s copyright. BTA has the right to use such material for advertising purposes without costs for BTA vis-à-vis participants, even if participants are identifiable on them. BTA has the right to pass a participant’s name and address on to other tour participants and to BTA partners, who may use such a name and address for advertising purposes unless the participant expressly refuses (in writing) to allow such passing on.
5. Weather conditions and routes
BTA reserves the right to change tour routes and thus overnight accommodation venues and other services as necessary because of seasonal circumstances and current weather conditions. When doing that BTA will endeavor not to change the character of the tour and to provide similar services. BTA does not assume any responsibility for poor weather conditions that may occur and in this respect the participant has no claim of any kind whatsoever for reimbursement of the tour price.
6. Applicable law
The legal relationship between customer and BTA shall be governed exclusively by and construed in accordance with Thai law.
7. Place of performance and jurisdiction
Place of performance for all obligations arising from the travel contract shall be the place of BTA’s registered office. If there are no mandatory statutory provisions to the contrary all disputes arising from the contractual relationship between the customer and BTA shall be exclusively referred to the court having subject-matter jurisdiction in Bangkok, Thailand.
Oral agreements with an agency of BTA, with BTA or a BTA tour guide are only effective if BTA has confirmed them in writing. An agency of BTA or any BTA Tour guides do not have the right to give assurances that deviate from the travel contract entered into with BTA. BTA may correct misprints and arithmetical errors at any time. The invalidity in whole or in part of any provision herein shall not affect the remainder of these Terms and Conditions.
Bangkok May 1, 2014