Imprint, Privacy and Data Security and General Terms and Conditions

  





Imprint:

 

Einzelunternehmen Ulrich Knüppel-Gertberg
Umweger Straße 125
76534 Baden-Baden
Phone: +49-(0)15140127272
E-Mail: info@easycruiser.tours
Internet: https://www.easycruiser.tours

 

Umsatzsteuer-Identifikationsnummer (VAT identification number) according to §27a of the Umsatzsteuergesetz (UStG, Sales Tax Law): DE815788149

Responsible for contents: Ulrich Knüppel-Gertberg, Umweger Str. 125, 76534 Baden-Baden

Additional references:

Images of motorcycles and travels have been made by easycruiser.tours to illustrate the service offering of easycruiser.tours. All rights reserved by the owner of the images.

If images from other sources have been used, the respective source will be mentioned on this website separately.

The guestbook contains images, which have been made by easycruiser.tours, displaying guests, or which have been made and offered to easycruiser.tours by guests, with the explicit agreement for these images to be used and displayed on this webiste. The consent of the guest to use his or her images can be withdrawn at any time, in which case the respective images will be removed from the website immediately.

This document was created and is updated with technology from janolaw AG.


Privacy and Data Security:

 

Sect. 1 General

We will process your personal data (e.g. title, name, address, e-mail address, phone number) solely in accordance with the provisions of the German data protection law and the data protection law of the European Union (EU). The following provisions will inform you, besides the information about the processing purposes, recipients, legal bases and storage periods, also about your rights and the controller for your data processing. This privacy policy applies only to our websites. If you are directed to other sites via links on our pages, please familiarise yourself with the respective use of your data there.

 

Sect. 2 Contact us

(1) Purpose of data processing

Your personal data you provide us by e-mail, contact form etc., will be processed to answer your inquiries. You are not obliged to provide us with your personal data but we would not be able to answer your inquiries sent by e-mail without your e-mail address.

(2) Legal basis

a) If your explicit consent is given for the processing of your data, the legal ground for this processing is set out in Art. 6 (1) (a) of the GDPR.

b) If your personal data is processed for the purpose of contract performance, the legal ground for this processing is set out in Art. 6 (1) (b) of the GDPR.

c) The legal ground for all other cases (especially when using a contact form) is set out in Art. 6 (1) (f) of the GDPR.

You have the right to object at any time to the processing of data which was performed according to Article 6 (1)(f) of GDPR and which does not serve direct marketing for reasons arising from your particular situation.

In the case of direct marketing, however, you may object to the processing at any time without stating any reasons.

(3) Legitimate interest

Our legitimate interest in data processing is to communicate with you in a timely manner and to answer your queries cost-effectively. If you provide us with your address, we reserve the right to use it for direct postal marketing. You can protect your interest in data protection by transferring of data efficiently (e.g. using a pseudonym).

(4) Recipient categories

Provider of hosting, service provider for direct marketing

(5) Duration of storage

Your data will be deleted if it can be inferred from the circumstances that your queries or questions have been completely clarified.

However, if a contract is concluded, the data required by commercial and tax law will be retained by us for the periods as required by law, i.g. generally for ten years (cf. § 257 HGB, § 147 AO).

(6) Right of revocation

You have the right to revoke your consent for processing at any time in compliance with your consent.

 

Sect. 3 Comments

(1) Purpose of data processing

Adding comments is possible. Your personal data (e.g. name/pseudonym, email address, website) collected in this scope will be solely processed for the purpose of publishing your comments.

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (f) of the GDPR.

(3) Legitimate interest

Our legitimate interest is the public exchange of user opinions on specific topics and products. The publication serves, among other things, the purpose of transparency and opinion-forming. Your interest in data protection is preserved, as you can publish your comment under a pseudonym.

(4) Duration of storage

There is no provision for a certain storage period. You may request the deletion of your comment at any time.

(5) Right of objection

You have the right to object at any time to the processing of data which was performed according to Article 6 (1) (f) of GDPR and which does not serve direct marketing for reasons arising from your particular situation.

In the case of direct marketing, however, you may object to the processing at any time without stating any reasons.

 

Sect. 4 More information

When travelling with easycruiser.tours, most guests will book their accomodation by themselves. Accomodations can be Hotels, Guesthouses or Bed&Bredfasts. in some cases, the guest may ask easycruiser.tours to make bookings for accomodation on their behalf. in these cases, easycruiser.tours will have to give the guests name and adress to the respective Hotel or other accomodation in order to process the reservations. If a guest does not agree with this practise, the guest is welcome to do the respective bookings for accomodation by himself or herself.

 

Sect. 5 Web Analysis with Google Analytics

(1) Purpose of data processing

This website uses Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland ("Google"). Google Analytics uses so-called “cookies”, small text files, which are placed on your computer to analyze how you use the website. The information generated by the cookie about your use of this website will be transmitted and saved on server in the United States by Google. If the anonymizeIP function is activated on this website, Google will shorten your IP address in advance within the member states of the European Union or in other states which are parties to the Agreement on the European Economic Area. Only in exceptional cases Google will transmit the full IP address on server in the United States and will shorten there. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activities and providing other services related to website and internet usage for the website operators.

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (a) of the GDPR.

(3) Recipient categories

Google and its partners.

(4) Transfer to a third country

Google Ireland Limited is an affiliate of Google LLC. Google LLC is based in the USA (1600 Amphitheatre Parkway, Mountain View, CA 94043).

(5) Duration of Storage

26 months

(6) Right of objection

You can prevent the installation of the cookies in your browser settings. If you choose to change your settings you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: optout

You may also generate blocking by setting an opt-out cookie. If you want to prevent the future collection of your data when you visit this website, please click here: Disable Google Analytics

 

Sect. 6 Social plugins

Facebook and Instagram: Link to direct the user from the website to the easycruiser.tours pages on Facebook and Instagram, without using or saving user data on the website of easycruiser.tours.

Youtube: Plugin on the easycruiser.tours website to display own Youtube videos within the own website of easycruiser.tours. The dataprotection option is activated, which prevents Youtube from using or saving any user data on the website of easycruiser.tours.

 

Sect. 7 Web Indicator Service with Google Adsense

(1) Purpose of data processing

These pages use Google AdSense, a web advertisement service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland ("Google") to place advertisements (text ads, banners etc.). Your browser stores cookies (small text files) on your hard disk. These cookies are used by Google to personalize contents and advertisements, to operate functions for social media and to analyze access to our website. For apps device identifiers are employed. We also transfer information as to how you use our website to our partners for social media, advertising and analysis. These partners aggregate this information with other information that you provide them or that they have collected when you use the services.

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (a) of the GDPR.

(3) Recipient categories

Google and its partners.

(4) Transfer to a third country

Google Ireland Limited is an affiliate of Google LLC. Google LLC is based in the USA (1600 Amphitheatre Parkway, Mountain View, CA 94043).

(5) Duration of storage

Your personal data will only be stored as long as you have consented to the processing.

(6) Revocation consent

You may revoke your consent at any time by notifying the controller.

 

Sect. 8 Your rights as a data subject

If your personal data is being processed, you are the ‘data subject’ in terms of GDPR and you have the following rights towards us, the controller:

1. Right to information

You may request us to provide information about your personal data processed by us under Article 15 of the GDPR.

2. Right to rectification

If your personal data provided to us is not up to date or not accurate you have the right to ask for modifications to your personal data under Article 16 of the GDPR. You also have the right to request us to complete an incomplete data.

3. Right to erasure

You have the right to have your personal data erased and ask for deletion of your data under Article 17 of the GDPR.

4. Right to restriction of processing

You have the right to restrict the processing your personal data under Article 18 of the GDPR.

5. Right to data portability

You have the right referred to in Article 20 of the GDPR to receive your personal data provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

6. Right to revoke the consent given under data protection law

You have the right referred to in paragraph 3 of Article 7 to withdraw your given consent based on the data protection provisions at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

7. Right to lodge a complaint with a supervisory authority

If you consider that the processing of personal data relating to you infringes the GDPR, you have the right referring to in Article 77 of the GDPR to complain to the supervisory authority against the processing of your personal data (in particular in the Member State of your habitual residence, place of work or place of the alleged infringement ).

Please also note your right of objection under Article 21 GDPR:

a) In general: reasoned objection required

If the processing of personal data concerning you takes place in order

- to perform our overriding legitimate interest (legal basis: Article 6 (1f) GDPR)

or

- to safeguard the public interest (legal basis: Article 6 (1e) GDPR),

you are entitled to object to the processing at any time for reasons arising from your particular situation; this also applies to profiling based on the provisions of the GDPR.

In the event of objection, we will no longer process the personal data concerning you unless we can prove compelling grounds for processing which override your interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims;

b) Special case of direct marketing: simple objection is sufficient

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing and without stating reasons; this includes profiling to the extent that it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

 

Responsible for data processing:
Einzelunternehmen Ulrich Knüppel-Gertberg
Umweger Straße 125
76534 Baden-Baden
Phone: +49-(0)15140127272
info@easycruiser.tours

This document was created and is updated with technology from janolaw AG.


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 50% of the booking amount and must be paid within the specified timeframe  from signing of the contract by the customer. 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 6 weeks before departure by bank Transfer unless otherwise specidied. 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 6 weeks 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.     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 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 or a staff member of easycruiser 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. 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.

 

5.     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.

 

6.     Motorcycle rental

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 of 500€, 750€ or 1000€, depending on the category of the motorcycle, will be charged and due before the rental of the motorcycle. This deposit must be paid in advance together with the travel price by the customer as explained further above, or be provided in cash prior to the rental. If the deposit is not fully paid in advance prior to the rental, 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 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.

In case of accident, the renting driver must secure the scene, document the event of the accident by written notes and fotos and call the local Police to the scene in case of severe accident or other parties involved, especially when there are people injured or severe damage to other parties involved. The driver has to inform easycruiser.tours immediately to consult on further action. If there was no other party involved and no series damages done (e.g. standing motorcycle falls over, only minor scratches happened), the driver may continue his driving. In any other case, easycruiser.tours will transport the bike back to the rental location for further examination. If necessary, the driver has to call a breakdown service to assist. The procedure is to be determined by easycruiser.tours  to minimize costs. In case easycruiser.tours executes the transportation, the driver will be charged 0,50€ per km  by easycruiser.tours. Any bills from breakdown services must be paid by the driver. In general, the driver is responsible to return the rental motorcycle to the rental location on his own costs. We recommend the renting driver to buy a respective insurance with the AA or an equivalent automobile club to cover these costs.

 

7.     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. 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 or staff member of easycruiser is entitled and required to remove the keys 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.

The driver must keep side boxes or side bags on the motorcycle on every drive. In case the bike falls over (drop or accident), the side boxes help the driver to free himself easier froom underneath the lying bike and they also protect the bike from unneccessary damage (act as a buffer).

 

8.     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.

 

9.  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.

 

10.  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, 16. August 2021  

 

 
























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