For all motorcycle rentals performed by easycruiser.tours, 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 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 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.
2. Payment of the travel price and other price components
The remaining rental fees are to be paid without further notice until 6 weeks before departure by bank transfer, unless otherwise specified. The refundable security deposit ist to be paid upfront or latest on the first rental day. If the remaining payments have not been made as specified, easycruiser.tours reserves the right to withdraw from the contract. In this case, the following cancellation fees apply analogously
3. Rescheduling and withdrawal from the contract by the customer and cancellation fees
Rescheduling of the booking is possible once within the same year at no fees, availability provided and in agreement with easycruiser.tours. Rescheduling can be done until latest 6 weeks prior to rental comencement. Repetitive or shorter term rescheduling will be considered as withdrawal and new request.
The customer is entitled to withdraw from the contract with easycruiser by written declaration. The following cancellation fees are due:
Up to 12 weeks before the rental: 200€ lumpsum.
From 11-6 weeks before rental: 50% of the total booking amount, which equals the booking deposit of 50%.
From 6 weeks before rental to the first rental day: 100% of the total booking amount.
If the customer does attend or not start the journey, 100% of the total amount for the tour have to be Paid.
4. Performance and fulfillment by easycruiser
If easycuiser does not perform the described motorcyle rental 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 minor deviation is not considered a deficiency, unless the sum of the deviations is rendering the rental service impossible or seriously inconvenient for the client.
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 rental 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 rental, easycruiser can offer the customer a replacement offer. 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 as specified, epending 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.
Before handing over of the motorcycle, the driver must present following documents: The Passport, or a EU-ID and the valid motorcycle license for the respective motorcycle category. The license must be a full license, learner licenses can not be accepted. For motorcycles of up to 35kw/48hp, the european A2 license is sufficient. For motorcycles with more than 48hp, the EU-license A is needed, or an equivalent license. An equivalent license can be an unrestricted national license, written in english or german language, or the multilingual Internatinal Driving License. If the client fails to present the passport, ID or valid motorcycle license, the motorcycle cannot be handed over. In this case, the client has no right for refund of the rental payments made.
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 € 0.50 (50 cents per km).
All rental motorcycles from easycruiser are generally insured for liability, partial and fully comprehensive insurance, including foreign country protection for EU countrys and UK.
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 from 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 for many EU and UK countries. 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, 29. August 2023