easycruiser.tours
cruise - enjoy - relax

General Terms and Conditions and Imprint

 

  

Imprint:

 

easycruiser.tours is a sole proprietorship based in Baden-Baden, Germany.

Owner is Ulrich Knüppel-Gertberg , VAT ID : DE815788149

email: info@easycruiser.tours

Copyright: All photos used by easycruiser.tours on this homepage or other advertising media were taken by ourselves. The copyrights of the photos and the logo are exclusively with easycruiser.tours




General Terms and Conditions of easycruiser.tours:

For all easycruiser.tours motorcycle tours and motorcycle rentals, hereafter referred to as easycruiser, the terms and conditions of easycruiser in their version, valid at the time of conclusion of the contract, apply. A printed copy of the terms and conditions can be requested from easycruiser at any time. The terms and conditions are always an integral part of each contract, closed between the customer and easycruiser, for motorcycle tours and rentals.


1.     Contract

The booking request of the customer is initially not binding. Easycruiser prepares a an offer for the customer based on the booking request. By acceptance of this offer by the customer and payment of the deposit, the offer becomes a contract and is binding on both sides. The booking deposit for all tours is 30% of the booking amount, but at least € 500 per person, and must be paid within 14 days from signing of the contract by the customer. When booking the entire guesthouse as holiday house for a group group, an additional booking deposit of 500€ for the house will be charged to the renting person. The booking is only effective if the booking deposits have been fully paid in time. In case of late payment, easycruiser reserves the right to withdraw from the contract. All payments made by the customer are fully covered by a travel insurance note, which is been delivered to the customer with payment of the booking deposits.

 

2.     Payment of the travel price and other price components

All further payments are to be made without further notice until 60 days before departure by bank transfer. This includes for example the remaining travel price as well as a security deposit for the rental motorcycle. The motorcycle deposit is a security in case of damage or loss and will be refunded after return of the undamaged motorcycle to easycruiser at the end of the tour.  If the remaining payments have not been made by 60 days prior to departure, easycruiser reserves the right to withdraw from the contract. In this case, the following cancellation fees apply analogous.

 

3.     Withdrawal from the contract by the customer and cancellation fees

The customer is entitled to withdraw from the contract with easycruiser by written declaration. The following cancellation fees are due:  

Up to 60 days before departure: 100% of deposits.

From 59 days to 50 days before departure: 30% of the total amount for the tour or the 100% of booking deposit, the higher amount applies.

From 49 days to 30 days before departure: 50% of the total amount for the tour or 100% of the booking deposit, the higher amount applies.

From 29 days before departure: 100% of the total amount for the tour.

If the customer does attend or not start the journey, for whatever reason, 100% of the total amount for the tour have to be paid.

 

4.     Resignation from the contract by easycruiser due to non- achievement of the minimum number of participants

Easycruiser is entitled to withdraw from the contract if the minimum number of participants stated in the itinerary is not reached until 60 days before the start of the journey. In this case, the customer will be refunded any payments made without deductions. Alternatively, easycruiser can offer the already registered customers the journey at changed conditions. If the customer accepts the alternative offer, a new contract is concluded for these new conditions.  

 

5.     Performance and fulfillment by easycruiser

At the time of conclusion of the contract, the description of the tour, of the rental motorcycle and the itinerary are valid and form part of the contract. The descriptions of the tour and the rental motorcycle can be found on the internet presence of easycruiser (https ://www.easycruiser.tours ), as well as additional travel information if available.

If easycuiser does not perform the described services, the customer shall be entitled to compensation for defects or rectification of the defect. Deficiency refers to significant deviations from the above description. A deviation of the tour guide from the described itinerary or individual travel stations is not considered a deficiency, unless the sum of the deviations is altogether so serious, that the overall character of the described tour is no longer met.

The defect must be explicitly declared by the customer to easycruiser. A verbally explicit statement to the tour guide is sufficient to declare defect. The customer can only assert a claim for price reduction or reimbursement of the travel price if an acceptable improvement or replacement is not provided by easycruiser in a reasonable time or can not be provided in a reasonable manner. Further claims do not arise.

If easycruiser is unexpectedly unable to carry out the agreed journey, easycruiser can offer the customer a replacement service.

Example: The tour guide for the planned tour can unexpectedly not perform the tour (e.g. sudden sickness) and a replacement tour guide is not available at such short notice. Then easycruiser can offer to make the tour as an organized self- drive tour at an appropriate price or can offer a comparable guided tour at another time.

If the customer agrees to an alternative offer, then the new contract applies to the new conditions. Otherwise, easycruiser will refund any payments already made to the customer. Further claims can not be asserted by the customer.

 

6.     Force majeure

Force majeure describes previously unpredictable cases, that make the tour impossible or unsafe to execute and that cannot be solved or prevented by easycruiser. These include for example: natural disasters, wars, epidemics, riots, strikes and other significant events that jeopardize or worsen the viability of the journey. In cases of force majeure, easycruiser is entitled to withdraw from the contract. In this case, the customer will be reimbursed for any payments made without deductions. Further claims cannot be asserted by the customer.

 

7.     Motorcycle rent

The customer selects in the booking request a desired motorcycle and ideally indicates alternative eligible motorcycles for his tour. Easycruiser checks the availability and confirms the reservation of a motorcycle for the planned trip in the offer. If the desired motorcycle is not available, easycruiser will offer the customer an alternative motorcycle from his wish list or, if that is not available, another motorcycle as comparable as possible. Should the promised motorcycle unexpectedly be unavailable at the beginning of the journey (e.g. failure due to technical damage), easycruiser will offer the customer another motorcycle suitable for the same purpose. Another motorcycle of the same price category is generally considered comparable. If only an alternative motorcycle of a different price category is available, the rental price will be adjusted accordingly. The customer can only refuse an offered replacement motorcycle if it does not meet his purpose of travel comprehensibly. (Example: a couple who booked the trip on a shared bike can not ride together on a single-seater motorcycle, so this would not be a viable alternative). Only if easycruiser cannot fulfill the agreed service, the customer can withdraw from the contract and receives all previous payments refunded. Further claims do not apply.

A security deposit will be charged for the rental of the motorcycle. This must be paid in advance together with the travel price by the customer as explained further above. If the deposit is not fully paid in advance with the travel price, the customer is in non-fulfillment with his payment and the according regulations apply.  

The motorcycle and other rented equipment will be handed over to the customer in a proper, roadworthy and safe condition at the beginning of the journey. Minor defects, that do not concern the road suitability of the motorcycle or the equipment (e.g. scratches, dents or other visual defects), must be noted in the rental contract of the motorcycle before the start of the journey in order not to be charged later. Motorcycles, that are not roadworthy and safe for any reason, will be kept for repair and will not be used on the road.  

If, at the end of the journey, the motorcycle and equipment are returned by the customer without any defects to easycruiser, easycruiser will immediately return the security deposit without deduction to the customer by bank transfer. Should any defects of the motorcycle or its equipment be found at the end of the journey when the vehicle is returned, easycruiser will have the motorcycle or equipment repaired by a specialist garage or, if completely lost, acquire replacement. The cost of this repair or replacement will be charged to the deposit and disclosed to the customer. If a residual amount of the deposit persists after settlement, this will be transferred to the customer after completion of the repair or replacement. If the damage is higher than the security deposit, the deposit will be forfeited in full. Further claims of the owners insurance company remain reserved.  

The rental of the bike includes 300km of driving per day, projected 2100km per 7 days per week, 3000km for 10 days and 3600km for 12 days. If the inclusive distance in kilometers (km) is exceeded, each additional km will be charged at € 0.30 (30 cents per km).

All rental motorcycles from easycruiser are generally insured for liability, partial and fully comprehensive insurance, including foreign country protection.

The rental bike deposit is different depending on the price category of the motorbike and is:

·          2,000 € for price category A

·          1,500 € for price category B

·          1.000 € for price category C

The customer is not entitled to exchange his vehicle with another customer, except with the express consent of easycruiser, if necessary under conclusion of a new contract and adjustment of the conditions, such as rental price or security deposit.

 

8.     Rides with the rental motorcycle

The customer declares at the time of booking that he posesses the required driving license for the booked motorcycle and that he has the necessary driving skills as well as the necessary adequate health. The driving license must be presented to easycruiser when the motorcycle is handed over before driving. If the customer can not present the valid driving license, easycruiser will not hand over any motorcycle to the customer and exclude the customer from the journey. In this case, there is no refund or warranty claim of the customer.

Should it become obvious during the transfer and test drive, that the driving skills or other characteristics of the customer (height, strength, health) are not sufficient to drive the selected motorcycle safely, easycruiser can offer the customer a replacement vehicle. (Example: lightweight, short and not very strong person with little experience cannot safely handle a large and heavy tourer bike). Should this not be desired, not sufficient or not possible, easycruiser reserves the right, not to hand over a motorcycle to the customer and to exclude him from the journey. The customer then has no refund or warranty right. Therefore, we recommend all customers before booking to view the desired model of motorcycle at their local dealership to prevent them from any surprises.

The customer is fully responsible for driving in accordance with the applicable legislation. Also, the guiding of the group by a tour guide does not release the customer from self-responsibility in traffic. Thus, the customer is required to familiarize himself with the legal provisions applicable to the country of destination and to comply with them. The respective driver (rider) is fully responsible for himself and for any violations of the local laws. Any briefings or information from the tour guide with respect to traffic or traffic rules are in this context to be considered as non-binding personal experiences under exclusion of any liability. Easycruiser is not authorized to give driving instruction or legally binding information on driving or traffic regulations.

The customer is liable for all personal and property damage caused by himself and keeps easycruiser free from any claims of third parties in connection with such caused damages. Damage caused by culpability is particularly but not exclusively caused by a lack of driving skills, improper road behavior or any reckless behavior on the part of the driver (rider).

The driver should not be under the influence of alcohol, other intoxicants or drugs affecting driving, while driving. Regardless of the country-specific regulations for the alcohol limit, an absolute exclusion of the above-mentioned substances are implied by the insurance conditions.  Thus, no alcohol may be consumed while driving, including in the lunch break. Alcohol may be consumed only after completion of the journey, if there is no driving after that on the same day and if the customer is completely sober the next morning, or at the start of the next departure.

If a customer does not comply with this rule during the tour, the tour guide is entitled and required to remove the key and the motorcycle from the tour participant and to exclude him from the journey. The subjective assessment of the tour guide is sufficient in this regard, with no measurement of alcohol levels nor any other measurements required. Subsequent costs of the return transport of the customer's motorcycle and the customer are to be borne by the customer. A warranty claim of the customer is not applicable.

The same applies if a customer shows disrespectful, aggressive or improper conduct towards other travelers or the employees of easycruiser or if the customer behaves irresponsibly in road traffic. Also in this case, the return of the motorcycle and the immediate exclusion of the customer from the journey are to be executed. Warranty claims from the customer are excluded.

The rental motorcycles are not suitable for off-road driving and may only be driven on paved, tarred or concrete roads and not driven off-roads. Gravelled driveways or parking lots, as well as uneven passages in road construction sites, that may be slippery due to dirt or split, are not considered off-road operation. On those, the customer is required to drive very carefully and with appropriately adjusted speed. Equally stunt riding of any kind, such as wheelys or stoppys or slides as well as racing are not allowed and constitute a serious violation of the terms of the rental agreement.

 

9.     Insurance

All rental motorcycles from easycruiser are generally insured for liability, partial and fully comprehensive insurance, including foreign country protection. There is also a general liability insurance of easycruiser in place.

With the conclusion of the contract, the customer acknowledges, that motorcycling is an activity in which risks to life, limb and health do exist. The customer holds easycruiser free of liability for any damages that occur to him during the tour or rental period.

It may also occur, that sickness or other circumstances prevent the customer from participating in the tour on short notice. Customers are therefore advised to take precaution in form of a travel cancellation insurance and an accident insurance with foreign protection for the tour by themselves.

 

10.  Rental of entire guesthouse as holiday house for groups:

In case the entire house and ground is rented for holiday use of a group, the contract will be closed with only one member of the group. This one person is obliged to the landlord to pay the rental fee and possibly other payments.  The regulation of the cost distribution within the group lies with this person, not with the landlord.  The renting person is liable to the landlord for any damages that occur on the property during the use of the rental of the property. A security deposit of 300 € is to be paid in advance. Any damage to the house, land or facility caused by the renter will be charged to the security deposit. Further claims of the landlord are reserved. After damage-free return of house and property, the deposit is fully refundable. In addition to the rent, a non-refundable cleaning fee of € 100 will be charged. House and grounds may only be used by the persons indicated on registration and only for typical recreational holiday purposes. Any further use of any other kind is not permitted. The internal house rules are binding and must be followed. A gross disregard of the house rules (some examples: Excessive disturbance of the peace, harassment of neighbors, aggressive behavior or any exercise of violence, damage to the rental property) entitles the landlord to immediately cancel the holiday rental and vacate the house and grounds. In the latter case, the renter has no right of reimbursement or warranty.  

 

11.  Data protection

Easycruiser collects and stores customer data required for these business transactions as part of the posting and billing process. These data are used only for internal operations by easycruiser and are in no way sold or otherwise disclosed. As part of the booking process, it may be necessary to transfer certain customer data to external organizations to enable the booking of services. Examples: booking of hotel rooms or ferry tickets. Furthermore, employees of easycruiser can make photos or videos for their own purposes during the journey, on which the customer can be displayed. Easycruiser reserves the rigths to use photo and video materials, including pictures of customers, for marketing purposes on their homepage or other media. Easycruiser undertakes not to publish any compromising data or photos or videos where the customer is diplayed in any disrespectful way. The copyright of photos or videos made by easycruiser is exclusively with easycruiser.

The customer expressly agrees with the booking of the travel to the use of his data for the above explained purposes.

 

12.  Further instructions

German law applies. Place of fulfillment and jurisdiction is Baden-Baden or the nearest responsible court in Germany.  

The travel program is constantly being further developed. Any printing and calculation errors of the travel documents or the general terms and conditions can be corrected by easycruiser at any time. This copy of the terms and conditons has been carefully translated from the original german AGBs. In case of doubt or mistakes in this english version, the german version applies and this english version is to be corrected accordingly.

Should individual provisions of these terms and conditions or other applicable contractual provisions be ineffective, the contract remains valid in its entirety and the invalid provision must be replaced by an effective provision.  

 

easycruiser.tours, Baden-Baden, 21.02.2018