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.