Terms and conditions

1. TOUR OPERATOR:
Tour operator is Overcross Adventure Tours USA, Web address: www.overcross.com hereinafter referred to as OC. Mailing Address: 3345 Bookman Avenue/Suite 101 Pittsburgh, Pennsylvania 15227 USA Phone: 412 - 455 - 5701 e-mail: mail@overcross.com 2. TOURS AND RENTAL APPLICATION FORM:
With your signature on the reservation/application form you accept the Terms and Conditions as a binding contract between Overcross Adventure Tours and you, the participant. Please read the Terms & Conditions carefully. Overcross Adventure Tours cannot accept any tour participant without a duly signed application form. The tour contract does not become valid unless it is confirmed by OC in writing by fax, letter or e-mail. At the time of filing the application the participants must submit the reservation fee as described in chapter 5 of the terms and conditions. 3. ASSUMPTION OF ALL RISKS AND RELEASE OF LIABILITY:
Every participant of a tour operated or arranged by OC, its partners, agents, contractors and outfitters is required to accept and sign a “RELEASE OF LIABILITY AND ASSUMPTION OF RISK FORM “at the time the tour application is filed. OC and its partners cannot accept any tour participant without a duly signed RELEASE OF LIABILITY AND ASSUMPTION OF RISK FORM. At pickup of any rental motorcycle from a local rental center a rental agreement and additional waivers may have to be signed by the participant. 4. AGENTS AND REPRESENTATIVES:
Overcross Adventure Tours agents and travel industries business partners are representing OC, but are not a party of this contract, nor are they in any event responsible or liable for any failure to provide any services as may be described on our web site pertaining to the contract. 5. RESERVATIONS AND DEPOSIT:
For every motorcycle tour a reservation deposit is required at the time of application in the amount of US $500.00 payable by money order, US-check or wire transfer. Currently we do not accept Credit Cards. If paying by check or wire transfer the booking will not be confirmed until all funds have posted into our business account. This deposit secures a place on the motorcycle tour. The balance is due no later than 60 days before the tour start date and must have posted in our business account. OC will invoice the participant for the balance owned. If the total balance is not received 60 days prior to the tour start date, OC reserves the right to consider the reservation as canceled and charge the appropriate cancellation fee. Applications/reservations received less than 60 days prior to tour start date are required to pay the full amount of the tour price at the time of the reservation/booking. 6. RATES:
All prices and quotes shown on our web site and in our literature are those in effect at time of publishing. If cost increases, including but not limited to international currency fluctuations, motorcycle availability, hotels, insurance, meals, etc. are necessary OC may adjust those prices and quotes at any time prior to the balance do date. 7. MOTORCYCLE RENTAL / AVAILABILITY / SECURITY DEPOSIT:
Upon prepayment of there motorcycle tour, participants will receive confirmation vouchers of the booked services via fax, letter or e-mail. In all cases of motorcycle rental OC acts as the agent and cannot be held liable if any booked and confirmed services are not fulfilled by the local motorcycle rental center. Rental motorcycles are provided as part of the tour package. The class and make of motorcycle may vary from tour to tour to accommodate the type of ride and terrain on each Tour. The pictures of motorcycles on this web site do not always represent the exact version of motorcycle provided. OC strives to ensure that all participants ride the motorcycle they are confirmed for. Unfortunately, at times, certain unexpected and uncontrollable situations arise which may require the substitution of a motorcycle. This includes, but is not limited to, mechanical failure, collision damage and theft. Should OC or its partners/contractors not be able to provide confirmed motorcycle, a similar or higher class, a pro-rated refund for the difference in class and model of the motorcycle will be returned to the participant. This constitutes the maximum liability for OC and its partners/contractors. OC and its travel partners/contractors reserve the right to substitute the motorcycle confirmed to tour participants. A refundable security deposit has to be paid to the rental station at the time of motorcycle pick-up. In some cases OC will collect the security deposits for the rental bike in advance together with the cost of the tour payable 60 days prior to start date. The amount of this security/safety deposit depends on whether the participant chooses to purchase Theft & Damage Waiver Insurance and is equal to the amount of deductible of the motorcycle insurance. OC and its partners reserve the right to adjust the amount of this security deposit and deductible without notice. This security deposit will be refunded upon return of the undamaged motorcycle to the rental station. Some rental stations require a separate rental contract and liability waiver for the motorcycle to be signed at the time of pick-up. The rental period is not interrupted due to the inability of a renter to ride or for any other reason. During the motorcycle tour OC and its contractors are not obligated to replace a damaged motorcycle. 8. CHANGE OF RESERVATION:
OC charges a US$ 40.00 fee for all changes that are made to the scheduled tour after the confirmation has been send. ONLY ONE CHANGE TO THE RESERVATION IS PERMITTED. The tour participant is responsible for all extra costs resulting from any changes of the tour. Changes include but are not limited to model and/or class of motorcycle, start date of tour, duration of tour and origin of tour. All changes have to be made no later than 60 days prior to original tour start date, otherwise this will constitute a cancellation of the tour, resulting in a new motorcycle tour booking agreement and all appropriate cancellation fees apply. 9. CUSTOMER CANCELLATION AND REFUNDS:
All participants have the right to cancel their motorcycle tour reservation at any time prior to tour start date resulting in the following cancellation fees: (All cancellation fees are computed as of the date OC receives your written cancellation notice). Cancellations received more than 60 days prior to tour start date are subject to a US $500.00 cancellation fee. All cancellations received less then 60 days prior to tour start date will be subject to the following forfeit of the prepaid money. 59-31 day cancellation notices forfeit 50 % of total invoice due 30-14 day cancellation notices forfeit 80 % of total invoice due 13-01 day cancellation notices forfeit 100 % of total invoice due No-shows on day of tour start forfeit 100 % of total invoice due Exceptions to this policy cannot be made for any reason. OC strongly recommends Trip Protection Insurance to all it's clients 10. MOTORCYCLE TOUR CANCELLATION:
OC reserves the right to cancel any operated or arranged tour at any time for any reason whatsoever, including but not limited to the following reasons: War or political unrest in the country of tour origin, natural disasters, insufficient number of tour participants or logistical problems which will impede tour operations. In case of tour cancellation, all participants will be notified forthwith, and payment refunded in full, which will constitute full settlement. I n some cases OC will offer to operate the Motorcycle Tour if all participants agree to a supplemental charge due to a low number of tour participants. If all customers do not agree to a supplemental charge OC will refund their payments in full, which will constitute settlement in full. OC is not liable for any additional cost or losses incurred by the tour participant in the case of tour cancellation due to any reason whatsoever, this includes but is not limited to, the cost of prepaid airline tickets, hotel reservations, motorcycle and automobile rentals. Situations may arise which, by our judgment, make it necessary for us to cancel, advance or postpone a scheduled motorcycle tour, change itineraries or make substitutions regarding hotels, cities, tour guides and other travel arrangements. In aforementioned events OC does not assume responsibility or liability for any resulting losses, expenses or inconveniences suffered by the tour participant. OC is not required to make refunds once the motorcycle tour commences regardless of the reason for participants being unable to complete their motorcycle tour. 11. MINIMUM NUMBER OF TOUR PARTICIPANTS:
Every motorcycle tour requires a minimum number of participants, this requirement changes with every tour and/or tour operator, OC reserves the right to cancel any motorcycle tour up to 21 days prior to tour start if an insufficient number of tour participants have booked the tour and fully paid by that time in which case all participants will be notified forthwith and all prepaid fees will be refunded. 12. NON-OBSERVENCE OF TRAFFIC LAWS:
If a tour participant does not comply with the local traffic laws and the requirements of group travel, OC or its partners may cancel the contract and secure the motorcycle. Clients/tour participants agree to accept the authority and rules of OC , its guides, outfitters and contractors. OC expressly prohibits the consumption of alcohol or illegal drugs before or during the operation of motorcycles on all tours. Anyone found to have consumed alcohol or illegal drugs before or during the riding portion of any tours will be expelled or prohibited from riding the remainder of the tour without a refund of the tour fee. OC strongly recommends wearing a helmet and safety equipment, such as abrasion-resistant clothing, gloves, boots and eye protection, at all times, regardless of the law. 13. USE OF YOUR OWN MOTORCYCLE:
OC or their contractors will, not provide participants using their own motorcycle on any tour, with motorcycle insurance. 14. WHAT IS INCLUDED IN THE TOUR PRICE?
The items included in the tour price are listed on our web site and in your contract or confirmation voucher. The tour price always includes overnight accommodations according to the description of the tour per web site and customer preferences like double or single occupancy. Read every tour description carefully before signing up since variances in inclusions and accommodations exist like hotel, bungalow or camping. Some tours may include gas and/or food some don’t. 15. WHAT IS NOT INCLUDED IN THE TOUR PRICE?
All items not mentioned as included and all items of a personal nature. Airfare is never included in the price of a motorcycle tour operated or arranged by OC and its partners. Customers need to make their own arrangements for travel by airplane, train or bus through the travel links on our web site or local travel agents. OC can assist with any arrangements for travel to and from the motorcycle tour origination location upon request. Other non-covert expenses include but are not limited to passports, travel visas, immunizations, insurance of any kind, medical cost, cost of evacuation from remote areas (e.g. mountain ranges, desserts, outback, bush), medical emergency evacuation and repatriation, alcoholic beverages, laundry, excess baggage charges, expenses arising from the delay or extension of a tour operated or arranged by OC and its partners due to weather, political causes, illness, failure of transportation or other causes beyond our reasonable control, tips to guides and staff, additional collision damage waiver for rental motorcycles (price quotes on request). 16. ROOM ALLOCATION:
A limited number of single rooms are available to tour participants at an extra charge on a first come, fist served basis but availability cannot be guaranteed. OC will attempt to find a suitable roommate for participants not specifying a single room on their booking form, but cannot guarantee it; surcharge for single room may be applied if no suitable roommate can be found. 17. PASSPORT, VISA, DRIVING AND HEALTH REGULATIONS:
Every tour participant is responsible for complying with all the above-mentioned regulations and all consequences resulting from non-compliance with these regulations. 18. RESPONSIBILITY:
OC is responsible for providing the services listed in the tour description according to the local standard and the accurate description of services offered on its web site and in its literature. OC carefully selects and constantly checks its contractors, such as hotels, rental stations and tour operators abroad and in the United States. OC is responsible for conscientious travel preparations. OC is not responsible or liable for any accidents. OC reserves the right without prior notice to withdraw any part or all of a tour, to make such changes as maybe necessary, and the extra cost, if applicable, resulting there from, shall be paid by the tour participant. Furthermore it is agreed and understood that the owners, operators and agents of this tour including OC are not the guardians of any tour participant’s safety and they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or the client’s participation in connection with the tour, which might result in injury, death or other damages to the client, his property, or his family, heirs, or assignees. The liability of OC as the tour operator is limited to a total of three times the tour price irrespective of the title/claim. OC is not responsible for any delays, changes in schedule or other conditions. Clients/Participants are responsible for selecting a motorcycle tour appropriate to their abilities and interest. In order to assist the participants with there choice of tour OC will be happy to discuss the requirements of each motorcycle tour with any prospective tour applicant, however OC will not be liable for any final choices made by you the tour participant. Participants are held responsible for being in sufficiently good health to undertake the chosen motorcycle tour, and are responsible for preparing for the tour by studying the itinerary and pre-departure information send by OC and for bringing the appropriate clothing and equipment as advised therein. OC operates some tours in parts of the world where political instability is not uncommon, and in remote back country areas subject to extreme weather conditions and other natural forces. All tour participants are ultimately responsible for determining whether it is appropriate for them to travel to a particular destination, or to participate in any particular activity. 19. ALTERATIONS TO TOUR SCHEDULE:
Some tours operate on a seasonal basis and in areas where seasonal variances and/or weather conditions require changes in the tour routing or accommodations, the tour itinerary will be adjusted accordingly and alternate hotels, restaurants and roads will be used. 20. WEATHER CONDITIONS:
OC and its partners strive to schedule all motorcycle tours at a time of the year when the weather in the touring area is usually pleasant for motorcycling. Many of our offered motorcycle tours pass through areas where weather conditions can change very fast and significantly. OC cannot be held liable for unpleasant or unsuitable weather conditions and no refunds shall be made for such conditions. All tour participants are responsible to provide rain suits and clothing suitable for any and all weather conditions encountered during any tour. 21. PHOTOS AND VIDEO MATERIAL:
Photos and videos produced by OC and/or its representatives on the tour shall become the sole property of OC. The copyrights are the exclusive property of OC. OC reserves the right to use all of these photo and video materials for advertising and marketing purposes, including images in which individual tour participants can be recognized, without any charges arising from the individual tour participant, because of the use of such materials by OC. 22. VERBAL CHANGES:
All verbal changes or promises made by OC and/or its partners, agents and contractors shall be deemed invalid unless confirmed by OC in writing. 23. BAGGAGE:
OC and its partner tour operators assume no responsibility for the loss, damage or delay in delivering baggage to tour participants. All baggage and personal property owned by the tour participant turned over to OC and/or its partner tour operators for transport each day are done so at tour participant’s own risk. We strongly recommend to all our clients to purchase LUGGAGE INSURANCE prior to travel date. A maximum of two pieces of luggage per person is allowed on guided tours that provide a support vehicle. No exceptions to these conditions exist on all self guided tours and tours not offering support vehicles, the client is responsible for transporting there own luggage and OC and its partners assume no responsibility for loss or damage of the participants luggage. OC and its partners assume no responsibility for luggage lost, damaged or delayed during transportation by airlines, train, and ship or bus operators. 24. MEDICAL AND HEALTH:
All clients/tour participants are responsible for their own international health insurance coverage during the tour/trip operated or arranged by OC (See also chapter 25 Insurance). While OC or its partner tour operators, tour guides, trip leaders and contractors will attempt to secure the services of a medical doctor or hospital in case of an emergency, OC cannot guarantee the same, and assumes no liability regarding provision of medical care. Clients/tour participants with medical problems are required to inform OC or our agents of their condition at the time of tour reservation. The Tour Guide or Trip Leader has the right to disqualify any tour participant at any time during the tour if he/she feels that the tour participant is incapable of safely completing the tour, or if the tour members continued participation in the tour might jeopardize the safety of the other tour members. OC will not give a refund of the paid tour fees under such circumstances (client/participant should buy “Trip Protection Plan”). 25. INSURANCE:
Due to the strenuous nature of our motorcycle adventure tours and the remoteness of the tour destinations offered by OC we strongly recommend to all our clients/tour participants to take out adequate travel and trip protection insurance also known as “TRIP CANCELLATION INSURANCE”.TRIP PROTECTION PLANS typically reimburse your non-refundable travel expenses if an unexpected crisis (e.g. death, sickness, airline strike, travel company bankruptcy, among other crises) occurs before or during your trip causing it to be canceled, interrupted or delayed. Plans often provide reimbursement for the following circumstances: trip cancellation, interruption and delay, baggage loss and delay, emergency medical expenses, emergency medical evacuation and repatriation, accidental death and dismemberment (AD&D), repatriation of remains and travel assistance services. All clients / tour participants have to sign a separate consumer disclosure notice form stating that they where informed by OC or its agents of Travel Insurance Requirements and voluntarily choose not to purchase insurance protection. To learn more or purchase travel insurance click on the link to the TRAVEL INSURANCE CENTER™ provided on the OC web site or contact OC for assistance. 26. REBOOKING AND TOUR CHANGES:
Only one re-booking and change of the tour no later than 60 days prior to tour start date is allowed under these terms and conditions. The service fee for the first re-booking or change to the scheduled motorcycle tour is US $40.00 any changes thereafter shall result in a US $500.00 cancellation fee. 27. PUBLICATION ERRORS AND CALCULATION MISTAKES:
OC reserves the right to correct any printing errors or calculation mistakes on its web site or literature at any time without notice.