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TERMS & CONDITIONS

Terms & Conditions for Discovery Moto Tours by Lennart Andreas van Dijk (DMT)

Last updated: 16.03.2025

 

These Terms & Conditions (“T&Cs”) govern your participation in motorcycle tours (“Tours”) provided by DMT (“we,” “us,” or “our”) in Switzerland. By booking and participating in our Tours, you (“Customer” or “Rider”) agree to these T&Cs in full.

 

1. General Provisions

 

1.1 Scope:

These T&Cs apply to all our Tours, including 1-day and 2-day tours. Specific inclusions—such as meals, accommodations, or other extras—will be detailed in each Tour’s itinerary or brochure.

 

1.2 Legal Framework:

These T&Cs are governed by Swiss law. Any disputes arising from these T&Cs shall be resolved under the jurisdiction of the competent Swiss courts.

 

1.3 Acceptance:

Your booking—whether made online, via e-mail, by phone, or in person—constitutes your acceptance of these T&Cs.

 

2. Booking and Payment

 

2.1 Booking Methods:

Tours can be booked online, by e-mail, via phone, or in person.

 

2.2 Payment Terms:

Payment is due within 7 days of booking. We accept credit cards, TWINT, and bank transfers.

 

2.3 Confirmation:

A booking is confirmed once payment is received. You will receive a booking confirmation including all relevant Tour details.

 

3. Cancellation and Refund Policy

 

3.1. 1-Day Tours

 

3.1.1 Cancellation Up to 72 Hours Before the Tour:

Cancellations made up to 72 hours before the Tour start will be refunded in full. Refunds will be processed within 7 days.

 

3.1.2 Cancellation Between 72 and 24 Hours Before the Tour:

Only 50% of the Tour price will be refunded.

 

3.1.3 Cancellation Within 24 Hours of the Tour:

No refund will be provided.

 

3.1.4 Procedure:

All cancellations must be communicated in writing via the same method used for booking.

 

3.2. 2-Day Tours

 

3.2.1 Cancellation Up to 14 Days Before the Tour:

Cancellations made up to 14 days before the Tour start will be refunded in full within 7 days.

 

3.2.2 Cancellation Within 14 Days of the Tour Start:

In this case, you will be liable only for the cost of the hotel reservation. Please note that different hotel cancellation policies may apply; the stricter policy will govern.

 

3.2.3 Procedure:

All cancellations must be communicated in writing via the same method used for booking.

 

3.3. Cancellation by Organizer

 

3.3.1 Minimum Participation Requirement:

We reserve the right to cancel a Tour if the minimum number of participants is not reached. In such an event, we will notify all participants no later than one week before departure.

 

3.3.2 Tour Guide Illness or Unavailability:

If the assigned tour guide becomes ill or otherwise unavailable and no suitable replacement can be found, we reserve the right to cancel the Tour.

 

3.3.3 Compensation:

If the Tour is cancelled for any of the above reasons, no refunds will be provided. Instead, all payments already made will be converted into a voucher or future tour credit of equal value, valid for 24 months of the date of issuance.

 

4. Tour Inclusions and Adjustments

 

4.1 Inclusions:

Specific inclusions vary per Tour and are detailed in the respective itinerary or brochure.

 

4.2 Group Size:

A maximum of 12 participants is allowed per Tour unless otherwise specified in the Tour specifications.

 

4.3 Tour Adjustments:

The Tour itinerary is subject to adjustments due to unforeseen circumstances such as adverse weather, incidents, or regulatory changes. In cases where safety is a concern, the Tour may be modified or cancelled, with refunds handled as per the cancellation policy.

 

5. Rider Requirements and Registration

 

5.1 Eligibility:

There is no age restriction beyond the legal minimum for riding in Switzerland. Each rider must hold a valid motorcycle license and ensure that their motorcycle is in a safe, roadworthy condition.

 

5.2 Registration:

Prior to the Tour, each rider must complete a registration form that includes at least one emergency contact. Riders may also provide relevant medical information voluntarily to expedite assistance if needed.

 

5.3 Medical Information:

Riders may voluntarily provide medical details such as blood type, allergies, and important medications. This information will only be shared with medical personnel in case of an emergency.

 

5.4 Good Health and Riding Experience:

By registering for a Tour, each rider confirms that they are in good health and possess sufficient riding experience to safely participate. Riders are responsible for assessing their own ability and ensuring they meet all physical and technical prerequisites for safe riding. Each participant is responsible for ensuring that they are physically fit to participate in motorcycle tours, especially those involving challenging terrain or high-altitude riding. Riders with pre-existing medical conditions should consult a healthcare professional before booking. By participating, riders confirm that they have no medical restrictions that would prevent safe riding.

 

5.5 Conduct and Environmental Responsibility:

Riders commit to preserving the natural environment and maintaining community standards. You agree to avoid causing any environmental damage, disturbing local residents, or engaging in behavior that negatively impacts the surroundings.

 

6. Liability, Waiver, and Disclaimer (Haftungsverzicht)

 

6.1 Acknowledgment of Risk:

Motorcycle touring involves inherent risks. By participating in our Tours, you acknowledge and accept these risks, including those associated with riding on public roads, traffic, and unpredictable conditions.

 

6.2 Waiver of Liability:

Each rider is fully responsible for his or her own actions. You agree that participation in the Tour is entirely at your own risk. We, including our owner, manager, tour guide, and any affiliated personnel, assume no liability for accidents, injuries, property damage, traffic violations, or any losses incurred during the Tour. This waiver covers all events arising from participation, regardless of whether caused by negligence, failure to follow instructions, or any other cause.

 

6.3 Self-Responsibility:

Riders agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from their actions during the Tour. Riders are solely responsible for compliance with all applicable traffic regulations and for any resulting penalties. Riders are solely responsible for adhering to all local traffic laws and regulations in the countries and regions where the tour takes place. This includes but is not limited to speed limits, right-of-way rules, alcohol limits, and safety requirements. Discovery Moto Tours assumes no liability for fines, penalties, or legal consequences resulting from a participant’s failure to comply with local regulations.

 

6.4 Safety Obligations:

Riders must adhere to all official road regulations and follow safety instructions provided by our tour guide. Consumption of alcohol or drugs that impair safe riding is strictly prohibited.

 

6.5 Motorcycle Condition and Compliance:

Riders must confirm that their motorcycle meets Swiss traffic safety standards before participating. It is the rider’s responsibility to ensure that the motorcycle is roadworthy, registered as per all current Swiss regulations and is in a technically flawless condition. This includes, but is not limited to, verifying tyre condition and (adequate tread depth, proper inflation, and absence of defects), ensuring brake system efficiency (sufficient brake pad wear and appropriate fluid levels), confirming the functionality of all lighting and signaling systems, checking that suspension components are correctly adjusted, and ensuring compliance with noise and emissions standards as specified in current regulations.

 

6.6 Mandatory Safety Gear:

Riders must wear the required protective gear as per the regulations of the country where the tour takes place.

 

6.7 Personal Responsibility:

Riders acknowledge that difficulty ratings for tours are subjective, and it is their responsibility to assess their own ability.

 

6.8 Acknowledgment of Operator’s Authority:

Each rider acknowledges the authority of DMT, its representatives, and tour guides in managing all aspects of the Tour. Riders agree to follow all instructions and decisions made by the operator regarding safety and operational matters.

 

6.9 Responsibility for Lane Choice and Speed:

Riders are solely responsible for choosing their lane and adjusting their speed at all times. DMT and its representatives shall not be held liable for any decisions made by the rider regarding lane selection or speed adjustments.

 

6.10 No Liability for Other Participants’ Behavior:

Notwithstanding any other provision, the rider acknowledges that DMT is not responsible or liable for any misbehavior, negligence, or inappropriate actions by other tour participants. Riders are advised to exercise caution and prioritize their own safety.

 

6.11 Tyre Selection and Condition

It is the rider’s sole responsibility to ensure that their motorcycle is equipped with tyres suitable for the Tour. While DMT provides a subjective tyre recommendation for each tour, this recommendation is offered as a guideline only and may not reflect current conditions. The rider must independently verify that the tyres fitted meet all applicable safety and performance standards. Additionally, the rider is responsible for ensuring that tyre condition and inflation are adequate for safe operation. This includes maintaining proper tread depth, ensuring tyres are free from cracks, cuts, bulges, or excessive wear, and keeping them inflated to the manufacturer’s recommended pressure. DMT is not liable for any damage or incidents resulting from inadequate, worn, or improperly maintained tyres.

 

7. Insurance

 

7.1 Mandatory Insurance:

Riders must ensure they have all required insurance policies, including liability and accident insurance, as per the regulations of the country where the tour takes place. This is the full responsibility of the rider.

 

7.2 Insurance Coverage provided by DMT:

We do not provide any insurance for participants. It is your responsibility to secure comprehensive insurance coverage—including liability and accident insurance—prior to participating in any Tour.

 

8. Emergency Procedures

 

8.1 Priority of Safety:

The safety and security of our riders is paramount. In the event of an emergency, the Tour may be adjusted or cancelled.

 

8.2 Emergency Contacts:

Each rider must supply at least one emergency contact. This information is used solely to facilitate prompt assistance in emergencies.

 

8.3 Incident Management:

In the event of an incident, we will contact the appropriate local emergency services immediately and follow established emergency protocols.

 

9. Privacy and Data Protection

 

9.1 Data Collection:

We collect personal data (such as booking details, emergency contacts, and optional medical information) solely for managing your booking and ensuring your safety during the Tour.

 

9.2 Data Usage and Compliance:

All personal data is handled in accordance with Swiss data protection laws and will not be shared with third parties unless required by law or necessary for Tour arrangements.

 

9.3 Data Retention:

Emergency contact and medical information will be deleted 7 days after the tour, while other personal data will be stored for 1 year unless legally required otherwise.

 

10. Intellectual Property

 

10.1 Ownership:

All materials provided by us—including itineraries, brochures, images, and other tour-related content—are protected by copyright and other intellectual property rights.

 

10.2 Usage Restrictions:

You may not reproduce, distribute, or otherwise use any of our materials without our express written consent.

 

10.3 Photo & Video Consent:

Riders can opt in to allow DMT and partners thereof to use photos and videos from the tour for social media, website content, and promotional purposes.

 

11. Third-Party Services

 

11.1 External Providers:

Some aspects of our Tours, such as hotel accommodations or equipment rentals, are provided by third parties. We are not liable for the performance or quality of these services.

 

11.2 Liability for Third-Party Services:

Any issues arising from third-party services must be resolved directly with the respective provider, as our liability is expressly excluded in such cases.

 

11.3 Food Allergies & Special Dietary Needs:

Riders are responsible for accurately providing information about any food allergies or dietary restrictions during the booking process. It is also the rider’s responsibility to double-check that this information has been correctly received and acknowledged by DMT. While we will make reasonable efforts to communicate these needs to third-party providers, we cannot guarantee compliance. DMT may assist in arranging suitable meal options but assumes no liability for any allergic reactions, cross-contamination, or issues arising from food preparation by third parties. Additionally, riders must personally check with the food outlet operator at the time of service to ensure their dietary requirements are met.

 

12. Feedback

 

12.1 Feedback Ownership:

We welcome your feedback and suggestions. Any feedback you provide will become the property of DMT and may be used to improve our services without any obligation of compensation.

 

13. Modifications, Force Majeure, and Dispute Resolution

 

13.1 Modifications:

We reserve the right to amend these T&Cs at any time. Any changes will be communicated in writing (published on the website of DMT) and will apply to future bookings. For current bookings, the T&Cs in effect are replaced by the updated T&Cs. All participants already having made such reservations will receive the updated T&Cs in writing (digital). If not objected within 7 days or before start of the booked tour (whatever comes first), the rider agrees to the updated T&Cs.

 

13.2 Force Majeure:

In the event of tour cancellations due to force majeure circumstances, such as natural disasters, political unrest, pandemics, or other unforeseen events beyond our control, DMT will make every reasonable effort to reschedule the tour. If rescheduling is not possible, participants will receive a tour credit valid for 24 months. Cash refunds will not be issued in such cases.

 

13.3 Dispute Resolution:

In the event of a dispute, both parties agree to first attempt an amicable resolution. If an agreement cannot be reached, disputes will be resolved through mediation or arbitration in accordance with Swiss law, with the competent Swiss courts as a last resort.

 

14. Final Provisions

 

14.1 Entire Agreement:

These T&Cs, together with any Tour-specific documents (including itineraries and booking confirmations), constitute the entire agreement between you and us.

 

14.2 Severability:

Should any provision of these T&Cs be found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

14.3 Waiver Signature:

Prior to participation, each rider must sign a separate waiver document acknowledging that they have read, understood, and accepted the above terms, including the liability waiver (Haftungsverzicht).

 

14.4 Machine Translation:

This website was originally written in English and is automatically translated into other languages, including but not limited to German, French, Italian, Dutch, Portuguese, and Spanish. While we strive for accuracy, we cannot guarantee error-free translations and assume no responsibility for any inaccuracies, errors or misunderstandings resulting from them. In the event of discrepancies, the English version shall always prevail.