Terms, Conditions and Privacy Policy

INTRODUCTION

Your contract is with HD-Tours Limited, a company registered in England and Wales (Company Number 16510350), whose registered office is at Windover House, St Ann Street, Salisbury, SP1 2DR, UK.
 

Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of these Booking Conditions

  1. General Terms
    1. Definitions. The following definitions and abbreviations shall apply throughout this document. Throughout the document, use of pronoun includes all genders, use of plural or singular includes the other.
      1. “You” are the Customer or in the case of a single person making a booking on behalf of more than one person, “You” is the lead customer with whom the contract between Parties is made.
      2. “We”, “Us”, “Me”, “I”, “HD-Tours” is the company HD-Tours Limited, the providing company of the service.
      3. “Party” or “Parties”. As circumstance directs, either you or us or both you and us.
      4. “Tour” is the fully-guided motorcycle tour that you have selected and for which a contract is formed by the payment of money for the service.
      5. “Service” is the provision of a planned fully guided motorcycle tour for the duration as set out in the Tour information and itinerary, which may include the provision of English Channel crossing, arrangement of hotel overnight accommodation with provision of breakfast meals and the provision of planned routes which are led by us.
  2. Booking a Tour
    1. Conditions of Booking
      1. When making a booking with us, it is entirely your responsibility to ensure that you have read and understand these Terms, Conditions and Privacy Policy. By making a booking, you have confirmed that you accept these Terms, Conditions and Privacy Policy in entirety.
      2. Reservation on a Tour. Your reservation is only confirmed once the deposit payment has been received in cleared funds and we have responded specifically confirming that your position on the Tour is reserved.
      3. If an individual is making a booking on behalf of other individuals, that individual is known as the Lead Name and we shall only take instruction from that Lead Name for all bookings of individuals in the booking group. That Lead Name is responsible for ensuring that all others in the group know and accept these Terms, Conditions and Privacy Policy. All correspondence made to us by the Lead Name is made with the consent of all individuals in that group. 
    2. Payments for a Tour
      1. All payments are to be made in Great British Pound Stirling (GBP / £). No other currencies are accepted. 
      2. Deposit payments are taken at the point of making a booking and are non-refundable in all circumstances. The reason for this is that as soon as a deposit is made, we commence placing your name and vehicle details against Channel crossing and hotel bedroom allocations. Confirmation by us of this information to third party providers is non-refundable to us which is why no refund is available.
      3. Payments for all Tours are set out to be paid by regular instalments usually at 6, 4, 2 months prior to the start date of the Tour. Depending on the tour, the payment instalments may differ. For each tour the payment plan is clearly laid out prior to the first payment being taken. You have the option to make partial or full payment ahead of the payment instalment date. There is no provision for partial payments to be made which is less than the amount required.
      4. Payments are usually taken by automated card transaction or bank transfer. We use a third party operator to process all payment made by you for a Tour, who act on our behalf. 
      5. In all events the full balance of the Tour is payable 2 months prior to the tour start date.
      6. Failure to keep up with payments as they occur may result in your tour place being cancelled. In these circumstances, we retain the rights to retain all payments made by you to date to cover any and all cancellation costs incurred by us from third party providers in addition to retaining the deposit, which is non-refundable in all circumstances.
      7. Cash is not accepted as a method of payment unless by extraordinary exception which is agreed in advance between both Parties.
      8. If payment is made by Credit Card, we reserve the right to levy a surcharge which covers the card transaction costs imposed by the card issuer.
    3. Tour Price.
      1. We use all reasonable endeavours to ensure that the advertised price of a tour does not change from the point of your deposit payment being confirmed to your participating and completing the tour. However, every tour is vulnerable to external financial factors such as currency exchange rate fluctuation, fuel price increase, surcharges imposed, supplier cost increases, imposition of local or foreign national tax by host Country or Municipality, all which are beyond our control.
      2. If any cost increase for the provision of a Tour is within 2.0% of the price advertised, we shall absorb this cost increase.
      3. If any cost increase for a Tour is at or above 2.0% of the total advertised price of the tour, we reserve the right to apply a surcharge to the tour to account for the cost increase. It is stressed that; 
        1. Any surcharge levied will ONLY be due to external costs levied by third parties, 
        2. The reason and cause of any surcharge will be fully explained to you.
        3. You will be informed of any surcharge before it is raised for payment. 
      4. In all circumstances, no tour cost increases shall be passed onto you within 30 days of the start date of the tour.
      5. If a surcharge is sought for a Tour, under these circumstances you have one of 3 choices to make; 
        1. Accept and pay the surcharge to continue on the tour.
        2. Decline to pay the surcharge and accept to go on an alternate tour, if a vacancy is available. In this circumstance, all payments made, including the deposit, shall be transferred to the alternate tour. Any price balance difference between the original tour shall be due within the payment terms of that alternate tour. If the alternate tour is at a lower price such that the payments made are in excess of the price of the alternate tour, any ‘overpayment’ balance shall be refunded. 
        3. Decline to pay the surcharge and demand a refund;
          1. If a refund is demanded within 7 days of the surcharge being levied, in this circumstance, all funds paid by you, including the deposit payment, shall be returned to you. The only exception to this are any amendment charges to your tour made with your agreement prior to the surcharge being raised.
          2. If a refund is demanded by you at or after 7 days of the surcharge being levied, all funds paid by you excepting the deposit payment and excepting any amendment charges made with your agreement prior to the surcharge being levied, shall be returned to you.
  3. Changes to your Tour
    1. Planning for your tour commences many months ahead of the tour start date, with numerous regular confirmations of reservation to all third party providers. However, there may be occasions where alterations to the tour must be made, which fall into 2 categories of alteration; 
      1. Minor alterations to a tour. Whether there is a particular road closure or hotel closure, local area entry restriction or due to local weather restrictions. It may be that we have to make minor alterations to the tour itinerary as a consequence to such events outside our control. In all these circumstances where a minor alteration needs to be made, we reserve the right to do so without prior notification. Please note that we shall use reasonable endeavours to ensure that any alternate plan shall maintain the equivalent level of quality – like-for like hotels or having to plan alternate routes being the prime examples. 
      2. Major alterations to a tour. If any required change is considered in our opinion to constitute a major alteration to the tour, we shall endeavour to advise you of such at the first opportunity. Examples of a major alteration to the tour may be (but not limited to), alterations in start or end date of the tour by more than 12 hours, change of departure or return destination or significant change of destination on tour or in extreme circumstance, cancellation of a tour as unviable.
    2. In all circumstances where a major alteration to a tour is realised, we shall use all reasonable endeavours to mitigate all such alterations to be able to offer a tour which is as similar in calendar dates, duration, aspect, vision and quality as the original tour. 
    3. In the circumstance of a Major alteration to a tour, we shall endeavour to ensure that the new tour is at the same price and quality of the original tour.
    4. If the newly planned tour incurs a price variation, replicating Clause 2.3, if that price variation is within 2.0% of the original tour price, we shall absorb the price variation.
    5. In all circumstances of a major alteration to the tour, you shall be offered one of 3 options; 
      1. Accept the newly planned alternate tour of equivalent or similar aspect, vision and quality as the original tour. It must be noted that the newly planned alternate tour may incur price variation, where Clause 2.3.5.1. applies.
      2. Decline the alternate tour and request to participate in an alternate tour if a vacancy is available where Clause 2.3.5.2. applies, 
      3. Decline the alternate tour and demand a refund, where Clause 2.3.4.3. applies.
  4. Cancellation
    1. If we cancel your Tour. We reserve the rights to cancel a tour, although this is an extreme decision that we shall try to avoid under all circumstances. 
      1.  Provision of a tour is dependent upon a minimum number of people taking part in that tour. If there is insufficient demand for a particular tour we may be forced to cancel the tour. In this circumstance this is considered a major alteration to the tour and Clause 3 applies.
      2. We shall use all reasonable endeavours to notify you of any such cancellation decision more than 30 days in advance of the start date of a tour. 
      3. If we cancel a tour, we are not liable for any costs incurred outside the tour such as additional travel or accommodation. For this reason we recommend that you have adequate travel insurance in place to cover any such losses in the event of a cancellation under this Clause.
      4. If a tour is cancelled due to a force majeure event, we shall not be held liable for any refund of payments made to us. For this reason, you are advised to have adequate travel insurance in place against any losses. For clarification, a force majeure event is an unforeseen and exceptional event that is outside our control, for which examples are (but not limited to) natural disaster, war, terrorism, an event for which military aid is provided to the national authority, epidemics, pandemic and governmental actions.
    2. If you cancel your booking on a tour.
      1. If you cancel your booking either in entirety or in part, you must notify us in writing.
      2. If you cancel in full, cancellation charges shall apply as follows, which are based on the costs of cancellation of your booking arrangements and expenses and losses incurred we may suffer due to the vacant place on the tour if we are unable to resell the vacancy:
        1. Cancellation in excess of 180 days of the start of the tour, the deposit is retained, other payments (excepting booking amendment changes made at your request) are refunded.
        2. Cancellation by you less than 180 days but more than 90 days prior to the start of the tour: 50% of the total price of the tour, with 100% of all booking amendments made at your request, is retained. Any sum paid above this is refunded to you. 
        3. Cancellation by you less than 90 days but more than 60 days prior to the start date of the tour: 75% of the total price of the tour, with 100% of all booking amendments made at your request, is retained. Any sum paid above this is refunded to you.
        4. Cancellation by you less than 60 days prior to the start date of the tour, 100% of the cost of the tour is retained.
      3. If you cancel your tour in part, we shall endeavour to accommodate your partial cancellation as follows: 
        1. If you wish to reduce the duration of your tour, we shall endeavour to work with you to accommodate such duration alterations if they are minor. You shall be liable for all costs incurred of alterations to bookings if such a duration alteration is feasible. IF a duration alteration is not feasible, Clause 4.2.2. applies,
        2. If you or an individual in your party is unable to go on the tour, if you find an alternate person you shall be liable for the amendment costs incurred to make the changes.
        3. If you or an individual in your party is unable to go on the tour and this alters the package under which you made your booking, you shall be liable for any positive balance variation. If the package variation incurs a negative balance, a refund shall be given, after booking amendment charges and an administration cost of £50 is included.
        4. If you or an individual in your party is unable to go and you find a replacement person, only a booking amendment charge will apply, which will be the pass-through of all third party amendment charges and an administration charge of £50. By your proposing that person as the ‘incoming’ change, that person accepts and agrees to all terms, conditions and privacy policy herein.
  5. Travel documentation.
    1. You are responsible to ensure that all your travel documentation is valid. Lead Names on any group booking are responsible for all travel documentation of every individual in their party. All tour bookings are accepted on assumption that you have valid documentation. 
    2. Travel documentation includes and is not limited to Passport, Visa as may be required, Driving Licence, Vehicle Registration Certificate (V5C or ‘logbook’), vehicle insurance, vehicle repair/ recovery insurance, health insurance, travel insurance, Global/ European Health Insurance Card, vehicle roadworthiness (current MOT in UK).
    3. When making your booking you also assert that you shall have suitable travel and vehicle recovery insurance for the tour which includes repatriation of Rider, Pillion and motorcycle (as is applicable). 
    4. If you are carrying prescription drugs on tour you must carry the original medical prescription to prove your legitimacy to carry and use such drugs. Failure to do so may result in your being detained by civil authorities until such time as proof is found to be satisfactory. We are not liable for any consequence to missing part of or all of a tour when being held by civil authorities.
  6. Health Notification
    1. You confirm that by making a booking on any tour that you are medically fit to go on the tour. The Lead Name of any group booking confirms that all members of the party (whether Driver or Pillion) are medically fit to go on the tour. 
    2. You are to notify us as soon as possible of all health considerations of which we should be reasonably aware. This includes (but is not limited to), asthma, diabetes, haemophilia, insulin deficiency, any chemotherapy or radiotherapy, Crohn’s disease, food, drink or medical allergies, any contagious disease transmissible by ingestion, inhalation or absorption.
    3. You are to notify us of all health considerations of health considerations that we should reasonably be aware which require consideration and accommodation within the tour. This includes accessibility requirements. 
    4. We reserve the right to cancel your booking if in our reasonable opinion your health is not suited to the tour or you are traveling without someone who may provide such assistance as you may require. If we find out about a health consideration at a later date that is not disclosed at the time of booking, it will be considered that the booking cancellation is made by you by virtue of omission of information.
  7. Our responsibility and limit of liability to you.
    1. If the contract we have with you to provide the service is not performed or inadequately performed by us or by third party suppliers then we shall pay you appropriate compensation for that loss of service. We shall not pay compensation for punitive damages or upset caused without evidence of loss of actual service. Compensation payable will be directly commensurate with the loss of service.
    2. We shall not be liable for any loss either partial or full, of service if the cause of that loss is due to;
      1. You
      2. A third party over whom we have no authority, control or contractual relationship. 
      3. Any circumstance for which we could not foresee or avoid using reasonable endeavours or the consequences of such could not be avoided even after due care and attention.
    3. Our liability to you for any failure in service including any consequential effect including but not limited to illness, incapacitation, injury or death shall be limited to the price paid by the affected person on tour.
    4. If we are found liable for any loss or damage to any luggage or personal possessions, our total limit of liability to any individual affected person is £100, as every individual is assumed to have reasonably considered to have taken adequate travel insurance by every individual as recommended by us when coming on tour.
    5. Should you or any individual on tour seek advice or guidance on any issue whilst on tour, whether that advice sought is medical, health, vehicle maintenance or general knowledge, we shall freely give such advice to the best of our knowledge and experience. All such advice, whether taken or not, is given without responsibility, liability or admittance of any fault.
    6. We are not liable if you or any person with whom you are connected on tour becomes ill, injured, incapacitated or dies due to the actions by that individual in what me be considered self-inflicted whether or not the affected person was knowledgeable or ignorant of the situation . We shall offer all support, guidance and advice as may be sought, all such support, guidance and advice, whether taken or not, is given without responsibility, liability or admittance of fault.
    7. If any individual is made ill, injured, incapacitated or dies due to the actions of a third party unconnected with HD-Tours, we shall not be in any way liable or responsible. We shall offer all such support, advice and guidance as may be sought, all such support, advice and guidance, whether taken or not, is given without responsibility, liability or admittance of fault.
    8. We do not accept any responsibility, liability or fault for any injury, incapacitation or loss of life as a result of a road traffic accident, regardless of who may be deemed at fault in that road traffic accident. We shall offer all such support, advice and guidance as may be sought, all such support, advice and guidance, whether taken or not, is given without responsibility, liability or admittance of fault.
    9. Where a particular tour destination is to a specific external event, such as a Rally or Festival, our responsibility and liability excludes that external event in entirety. The responsibility and liability exclusions include and are not limited to the event taking place, what is included in the event, the availability and purchase of tickets to access the event, any losses, injury, illness, incapacity or death at the event. For a Rally or Festival, the limit of our responsibility is to the provision of accommodation and breakfast whilst the tour ‘attends’ the event within its schedule.
    10. We shall not be held responsible or liable for minor alteration or provision of service by ourselves or any third party service provider to you throughout the tour. For example, we shall not be liable if only twin and not a double bed is available as this is a constraint of the hotel. We shall use all reasonable endeavours to minimise all such issues to as low as reasonably practicable.
  8. Your commitment to us whilst on tour
    1. You are to notify us of any specific or special requirements, including health, access, inclusivity or dietary requirements. We shall use all reasonable endeavours to include any such requirements and where any requirements cannot be met, we shall notify you in advance.
    2. You confirm as a consequence of making the booking that you accept and shall adhere to all Clauses within this Terms, Conditions and Privacy Policy document. In the case of the Lead Name, you certify to make such undertaking on behalf of every individual in your party.
    3. You confirm that you shall adhere to all national laws of the country in which we are on tour, including speed limits. You accept that you are solely and wholly responsible for any speed, traffic, parking or other vehicular offences for your motorcycle whilst on tour. 
    4. You shall ride with due consideration and courtesy to other road users. 
  9. Behaviour whilst on tour. 
    1. You are responsible for your behaviour at all times. No individual is exempt personal responsibility for their actions whilst on tour.
    2. You are to have due knowledge and understanding of all laws of all countries in which you are to travel whilst on tour. Ignorance of any specific national law is not a defence and we are not liable for any such personal ignorance of national or international laws that apply.
    3. We reserve the rights to refuse to continue your booking prior to a tour if in our reasonable opinion, to allow you to participate on the tour would disrupt or diminish the experience for other people on the tour.
    4. We reserve the right to immediately cancel your booking without recourse or refund if in our reasonable opinion you act in a way that is perceived to be abusive to any HD-Tours representative, another tour member or any other person. If your tour booking is immediately cancelled, from the point of notification HD-Tours has no responsibility to you, including no responsibility for any accommodation or return travel arrangements.
    5. We reserve the right to immediately cancel your booking without recourse or refund if we witness or in our reasonable opinion you act in a way that is perceived to be under the influence of any controlled or illegal substance.  If your tour booking is immediately cancelled for such reason, from the point of notification HD-Tours has no responsibility to you, including no responsibility for any accommodation or return travel arrangements.
    6. We reserve the rights, to immediately cancel your booking without recourse or refund if in our reasonable opinion you act in a way that is that is perceived to be under the influence of alcohol that would impair your ability to safely control your motorcycle. We will use reasonable endeavours to warn you if we believe this may be a likely outcome. If your tour booking is immediately cancelled for such reason, from the point of notification HD-Tours has no responsibility to you, including no responsibility for any accommodation or return travel arrangements.
  10. Photography and use of imagery
    1. We shall take an abundance of photography, both still and video, to record and capture the highlights of the tour. We may use use any such photography for publicity and marketing purposes. Furthermore, if requested we may provide such media to third parties for their use in marketing and publicity purposes. The default assumption is that this is acceptable. These photographs and videos may allow identification on individual and their motorcycle (although we will try to avoid taking photographs that include readable VRN). IF you do not wish your photograph to be taken, please let us know and we shall use all reasonable endeavours to comply with your request.
    2. Please note we only have control over our own photographs and video that we take on our own equipment. We are not responsible or liable for any third party taking and using photographs and video without your consent.
  11. Governing Law. Both parties agree and accept that this contract, any dispute, any claim and all other matters in connection with the tour are subject to the jurisdiction of England and Wales only. 
  12. Privacy Policy
    1. HD-Tours takes your privacy and our data protection responsibilities very seriously. Please read this privacy policy to understand how we may use information provided by you. We may update this policy from time to time to reflect legal requirement and the way we operate.
    2. HD-Tours limited is the primary controller of your personal data provided by you to us. Information you provide to us may be shared only with third party provider of services in direct connection with the service we provide to you. Only information necessary for the provision of their service will be provided.
    3. In the EU, as UK nationals are classified as foreigners, it may be necessary to provide information to hotels and travel providers such as ferry or Eurotunnel. . It may also be necessary to provide information that falls into security and anti-terrorism verification. It may also be necessary to provide sensitive information such as health, gender, religion. We collect such information in preparation for any such security verification and as such we cannot complete a booking if this information is withheld.
    4. For avoidance of doubt, we shall ensure that any third party under our control who handles personal information shall adhere to the rules of GDPR. Third party service providers not under our control but with whom we work within the EU are also subject to identical GDPR.
    5. If for whatever reason we seek to disclose your personal information outside its original purpose (to facilitate the booking of a tour), we shall use all reasonable endeavours to obtain your prior consent and shall abide by your decision.
    6. For clarity, the information we collect and its uses are;
      1. Personal information. Name, address, mobile phone number, email address, postal address and emergency contact information. Used to facilitate passage of information in regard to the tour.
      2. Travel information. Passport (name, number, DOB), Driving Licence, vehicle and vehicle registration. Used to facilitate registration at Channel crossing and hotel registration/ check-in.
      3. Booking information. Details related to your tour, personal preferences, and specific requirements. Used to support the tour and internal marketing, sending you information about future tours which may be of interest.
      4. Health information. Specific medical conditions, allergies, support, inclusion or assistance that you may require to ensure your tour is enjoyable. Dietary requirements and accessible constraints may be discussed with hotel providers.
      5. Communication information. Emails, texts and other messages between us. Retained and may be used to optimise future tours and for our own marketing purposes to highlight future tours.
    7. How we protect your information.
      1. All information is stored behind password protected firewalls. All emails are subject to dual authorisation access, successfully denying all attempts (of which there have been scores of failed attempts with a 100% successful protection record) to hack into emails.
      2. All financial information is behind dual authorisation firewall and encryption. All financial transactions are encrypted. Please note that all financial transactions are carried out by a third party, we can provide their security terms and conditions upon request. 
      3. No information is offered, released, shared, copied or sold by us. Information provided by you is used solely for the purpose to provide the service and as expanded above.
      4. We take all reasonable endeavours and continually assess to ensure that all personal data is secure to the best of our ability. However, no system is 100% effective.
    8. Your rights and choices under GDPR. You have the following rights in regard to the use and storage of your personal information.
      1. Access. You may request access to the personal information we hold about you.
      2. Correction. You may request any inaccurate or incomplete information held about you to be corrected or updated. Please note that any such request for alteration will have to be supported with evidence, so this alteration is not in itself an attempt to access personal information. 
      3. Deletion. You may request that we delete your information, which we may comply with specific legal constraints. 
      4. Opt-Out. You can opt-out of receiving marketing communication from us at any time.
    9. Retaining your information. We shall retain your information only as long is is necessary. If no longer relevant, we shall delete or anonymise your personal information. All personal information is held securely regardless of age of information. Security is not downgraded due to age. 
    10. Nothing in these Terms, Conditions and Privacy Policy shall overrule the provision of information to a government or civil authority or their representative who has legal right to such information.

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