Kudu Motorcycle Tours: TERMS and CONDITIONS
Please ensure that you and any other individual related to your booking read these Terms & Conditions carefully before making any payment- this, alongside the Privacy Policy, will form the full extent of your contract with Kudu Motorcycle Tours and the respective rights and obligations. It is your responsibility to ensure you have read and understood the terms and conditions. Please check the Terms and Conditions regularly for any updates.
Terms
The terms ‘us’, ‘we’ or ‘the company’ refers to Kudu Motorcycle Tours Ltd.
The term ‘you’, refers to the customer(s)/ clients(s) who have purchased a tour and any other person for whom the booking has been made on their behalf.
The term ‘tour’ relates to the specific product (tour) that you have purchased from the company.
Applicable law
This contract is between us, Kudu Motorcycle Tours, and you- the client/customer and any member of your party travelling or intending to travel on a tour organised by us, including anyone who is added or substituted after booking. The laws of England will apply to your contract and to any dispute, claim or other matter of any description which arises between us. Whilst we will always seek to resolve a dispute or claim amicably, if you and the company are unable to do so the matter must be dealt with exclusively by the Courts of England and Wales.
Bookings:
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In booking a tour:
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You, the first named person on the booking and therefore considered the party leader, guarantee that you have the authority to accept on behalf of all other party members these Terms and Conditions. You agree that you have read, understood and accepted these Terms and Conditions and the Privacy Policy, and general information regarding the tour provided on our website.
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If you have any questions or queries regarding a tour, you should contact us via email or phone prior to making the booking.
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You agree that you are aware, understand and accept the inherent and unanticipated risks associated with motorcycling, and the increased risk associated motorcycling in locations that are more remote and where, in the event of an accident or incident, access to medical assistance is likely to take significantly longer conventional tourism activities. You accept that these risks, which include injury or death, and loss or damage to personal property, cannot be entirely eliminated and you participate at your own volition.
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You consent to the use of personal data in accordance with our Privacy Policy, as well as the data for those for whom the booking has also been made.
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You agree that you and any other individual on your booking are over the age of 18 and you (or whomever is the rider) hold a valid motorcycle license and motorcycle insurance for the vehicle that will be used on the tour, for all participants using the motorcycle (e.g. pillion use), and in all countries and territories that the tour is scheduled to visit.
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You accept financial responsibility for the booking as well as for all members for whom the booking has been made on their behalf.
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You do not suffer from any disability or pre-existing medical condition that would prevent you from full participation in the tour, including but not limited to impairing your ability to ride the motorcycle. If a medical condition arises between the booking being placed and the tour starting, you will inform us as soon as possible so that we can make a decision regarding your participation.
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Confirmation of the booking will be sent to the email address provided on the booking form. Only once the booking has been confirmed by us via a confirmation notice email (also containing an invoice with the details of your tour and payment conditions, and a copy of the Terms and Conditions and Privacy Notice) do these Terms and Conditions come into effect. If we are unable to contact you by email, we shall write to the address provided on the booking form or use the phone number provided to contact you. Documents may also be sent to you via post.
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Bookings for tours are on a first come, first served basis. To book a tour, you will be required to complete a booking form and make either payment in full via the website, or pay a deposit and create a payment plan (see ‘Payments’ section).
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We reserve the right to decline any booking at our discretion.
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Please note, bookings with 2 people (2 riders & 1 bike or 2 riders & 2 bikes) will be provided with a room with either a double bed or two singles. We cannot guarantee that you will receive your preference of these two options in the accommodations.
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When booking a guided tour, the cost includes accommodation for the stated duration of the tour (see specific tour on website), GPX files for navigation, an itinerary booklet, breakfast and mid-morning refreshments (up to a maximum of £30 per person per day), as well as guide on hand for the duration of the tour. It may also include admission to certain sites and attractions, as detailed on the website. It does not include any further food or drink e.g. dinner, evening drinks, motorcycle rental or any other costs related to the tour which have not been detailed as included on the website.
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When booking a self-guided tour, the cost includes GPX files, an itinerary booklet, and accommodation with breakfast. It does not include any other food or drink, admission to sites or attractions, guiding, motorcycle rental or any other aspect that is not detailed as included on the website.
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You can find contact information for us on the website and in the first instance. info@kudumotorcycle.co.uk or +447859893500 should be used to make contact for any enquiry about a present or future booking.
Payments
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To secure your booking, you will be required to either:
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Pay the price in full via our website- in such instances your booking is not confirmed until the full amount has been received by us and a confirmation notice and invoice is provided to you by the company via email. 25% of the total tour cost is considered your deposit.
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Contact us directly- by phone or email- at which point a deposit of 25% of the tour cost can be made and payment plan for the remainder created. All outstanding balances must be paid in full by 3 calendar months prior to the start date of the tour and failure to receive payments on time will result in the loss of all money paid so far and the cancellation of your tour.
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In either situation, the deposit of 25% of the full amount is considered as a deposit and is non-refundable, subject to the terms of cancellation outlined in the cancellations section of the T's and C's.
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All money is to be paid in Pounds Stirling (GBP/£). Instalment payments can be made by card payments or bank transfer using the details provided in the confirmation email.
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Any costs relating to the transfer of funds will be paid by you e.g. bank fees.
Cancellation, refunds and amendments
Cancellations and refunds:
If you cancel your booking:
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If you decide to cancel your tour, you will need to inform us in writing, preferably via email (info@kudumotorcycletours.co.uk), to ensure prompt notification. From the day of receiving written confirmation, the following charges will be applied relative to the start date of the tour:
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90 days or more: We retain the full deposit (25% of total tour price) + £50 administration fee
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60-89 days: We retain 50% of the full tour price + £50 administration fee
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30-59 days: We retain 75% of the full tour price + £50 administration fee
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29 days or fewer: We retain 100% of the full tour price
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No show: We retain 100% of the full tour price
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If you decide to leave the tour mid-way through for any reason or are asked to leave the tour (see ‘Your responsibilities’ section), no refund or compensation of any kind will be provided, and we shall not be responsible for any associated costs incurred.
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For certain tour arrangements, cancellations or modifications cannot be made and therefore up to 100% of the cost of that portion of the trip may be applicable upon cancellation or modification. This will be reflected in the refund, should one be applied.
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In the event of ‘unavoidable and extraordinary circumstances’ that may significantly affect the performance of the tour, you may cancel your tour and will be entitled to a full refund, minus any insurance premiums, amendment charges or any other charges related to the tour, directly or indirectly. Your right to cancel under these circumstances will only apply when the Foreign, Commonwealth and Development Office (FCDO) advises against travel to the tour destination or areas in the immediate vicinity: (https://www.gov.uk/government/organisations/foreign-commonwealth-development-office)
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In such cases: “unavoidable and extraordinary circumstances” is defined as a situation beyond the control of the party who seek to rely on such a situation and the consequences fo which could not have been avoided even if all reasonable measures has been taken e.g warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
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It is a mandatory condition of booking with us that comprehensive travel insurance is taken out upon completion of booking, which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company.
If we cancel your booking:
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We will notify you of any cancellations as soon as is reasonably possible after we become aware of the circumstances requiring us to do so.
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We reserve the right to cancel your tour 1 calendar month or more before the start date, for example but not limited to, if there is an insufficient number of bookings for the tour to take place (4 parties minimum).
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Although it is extremely unlikely and we would only do so in unavoidable and extreme circumstances e.g. force majeure, we also reserve the right to cancel your tour within 1 calendar month of the start date. We refer to the FCDO advice as absolute in relation to such events. (https://www.gov.uk/government/organisations/foreign-commonwealth-development-office)
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If a tour is cancelled, we may:
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Offer to transfer to an alternative tour, of equal or greater value.
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Offer a full refund of the original price, as directed by the relevant legislation relating to the circumstances, minus any insurance premiums, amendment charges or any other charges related to the tour, directly or indirectly. We will not be liable for any additional compensation.
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You will be required to notify us in writing of your choice from those on offer within 7 days of being informed of the cancellation. If we do not hear from you, we shall attempt to contact you again. If we fail to contact you again in a further 7 days, we shall assume that you wish to cancel your tour and arrange for a full refund to be made, minus any insurance premiums, amendment charges or any other charges related to the tour, directly or indirectly.
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In the event of a cancelled tour, we will not be responsible for any additional costs related to our cancellation, for example but not limited to; transport to and from the tour; preparation costs e.g. vaccinations; or cancellation charges that you may incur as a result of our cancellation of the tour.
If you want to modify or transfer your booking:
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Changes to any information provided on the booking form will incur a £50.00 administration fee per amendment, which will be applied at our discretion.
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It is possible to transfer the booking to replace one person on the booking for another. To transfer a booking to a different person, we must be notified a minimum of 2 calendar months or more prior to the start date of the tour. There will be a £50.00 administration fee per person as well as any costs associated with the amendment which we may incur.
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The transfer will change only the named individual on a booking and their personal details, not any other aspect of the booking e.g. room type in accommodation.
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The transferee agrees and accepts the Terms and Conditions of the contract between us.
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You and the transferee remain jointly and severally liable for all payments.
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If you wish to transfer your booking but are unable to find a replacement, cancellation charges detailed in the ‘Cancellation and refunds’ section shall apply.
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If you wish to cancel your tour which has been previously transferred to you, full loss of your deposit 100% of monies paid up until that point shall apply.
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Modifications within 60 days of the start date of the tour are not possible.
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It is not possible to modify your booking from single person booking to multiple-person booking or vice-versa.
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No other forms of transfer or amendment are available.
It is a mandatory condition of booking with us that you have sufficient insurance in place to ensure you are fully covered for your expenses related to the tour should it be cancelled by us. In addition, we strongly advise that you only book flexible transport and accommodation options where possible as we shall not pay any cancellation, amendment or other types of charges as a result of your tour being cancelled by us.
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Should we need to cancel a tour either before or during the tour due to circumstances outside of our control (such as but not limited to natural disasters, civil unrest, war, rioting, terrorism, extreme weather events and/or acts of God) we will provide statutory compensation in line with UK legislation.
Changes/ Amendments to the tour
Whilst our tours are planned well in advance of their commencement and it is our intention to stick to the planned itinerary, there are circumstances which are out of our control and may require the need for modifications, for example but not limited to road closures or adverse weather. There is also a degree of flexibility in all tours which may allow for a more desirable and enjoyable experience which we will consider at times and where necessary. We reserve the right to make changes to the itinerary, services, prices or facilities before or after your booking has been made, or during the tour if required.
Minor changes
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Most changes, when required to be made, are relatively minor and in such circumstances, unlikely to affect your tour substantially. We will make reasonable efforts to inform you as soon as possible, but we have no liability to do so. Examples include but are not limited to; change of accommodation to one of a similar standard, and minor modifications to the route. In such cases, we will not pay compensation.
Significant changes
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On occasions, significant changes may be required for example, but not limited to, change of tour dates and major route changes. If this occurs, we will inform you as soon as is reasonably possible, if there is time before departure as well as attempting to find suitable alternative arrangements.
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In such a case, you will have the following options:
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Accept the amended plans to the tour and continue with the booking
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Accept a transfer to a different tour of the same or higher value, subject to availability and an offer.
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Accept a full refund, minus any insurance premiums, amendment charges or any other charges related to the tour, directly or indirectly.
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You must inform us of your decision in writing within 7 days of being informed of changes. If you fail to inform us of your decision, we shall attempt to inform you again. Failure to respond to this follow up communicating within 7 days, this may result in the cancellation of your tour and a full refund minus any insurance premiums, amendment charges or any other charges related to the tour, directly or indirectly being made.
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Once the tour has started, we reserve the right to make changes to the tour e.g. route changes, accommodation etc. due to circumstances beyond our control. We will, of course, inform you of these changes as soon as is reasonably possible.
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We will not be liable to pay compensation if these changes are made more than 60 days before the start of the tour
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Where changes to the tour are made, they will be at our discretion. You understand and accept that these amendments can be made, should they be necessary.
Delays
We cannot not be held responsible for delays to your journey that impact on your participation, either before or during the tour. In the event of delays, refunds or compensation cannot be made. You will be solely responsible for the costs related to your delay, for example but not limited to; accommodation, meals, travel arrangements and any other costs.
Pricing:
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We reserve the right to amend the price of any unsold tour at any time.
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We reserve the right to change the price of confirmed tours to correct for errors and/or account for increases related to fees, taxes (e.g. tourist tax, fuel duties) and exchange rates. This will only be done as a consequence of price changes outside of our control- for example, but not limited to, increase in fuel charges or service providers fees related to the tour.
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If the cost increase means you are required to pay more than an additional 8% of the original price of the tour, (excluding insurance premiums, transfer and modification charges and any other charges related to the tour), we shall inform you via email. You may then have the following options offered to you:
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Pay the difference requested within the payments schedule detailed in section 2
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Transfer to a different tour, subject to availability, and amended for any price difference.
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Cancellation and a full refund, minus any insurance premiums, amendment charges or other charges related to the tour, directly or indirectly.
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Should you wish to cancel, you must notify us within 7 days of being informed of the price modification. Failure to inform us of your decision within 7 days may result in the cancellation of your tour and with no refund of any monies paid.
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Should the price of the tour decrease, you will be offered a refund of the difference in price. Please note that bookings are not always made in the currency of the tour destination(s) and therefore price reductions have minimal or no impact on the cost of the tour. In addition to this, price changes can be complex and apparent reductions in the cost of one aspect of the tour may not change the overall price of the tour.
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There will be no price changes within 20 days of the tour start date.
Our responsibilities
We comply with the The Package Travel and Linked Travel Arrangements Regulations 2018
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We are responsible for any part of the tour itinerary which is within our control, detailed as included in the tour itinerary, and is in line with the standards described on the website and other information or promotional material.
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We will provide GPS data for your routes, information on stopping/ rest locations and full details of your accommodation address for each night of your tour. Guiding of the tour is done at our discretion (for guided tours only)
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If the guide becomes unavailable or unable to continue for whatever reason (e.g. sickness, accident), we shall do everything that is reasonably possible to arrange for an alternative guide. However, if we are unable to do so, you agree to continue your tour using the information provided in the tour pack.
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In exceptional circumstances we reserve the right, at our discretion, to ask you to ride alone and/or to terminate your tour, without prior notice, should your behaviour or conduct be unsuitable for continuing with the tour.
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We take no responsibility and are not liable for loss or theft of your personal items, injury, illness, death or liabilities as a result of using the facilities and amenities, including food, drink and/ or alcohol that are provided by third-parties e.g. hotels, restaurants and cafes.
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Although we make reasonable efforts to ensure that arrangements have been made in accordance with the tour itinerary, and the suppliers of services are reputable and suitable, we cannot take any responsibility for services or amenities that are unavailable or out of order for any reason, for example but not limited to, weather conditions, servicing, breakdowns, cleaning or lack of demand.
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We do not provide flights of any kind. Personal travel to the start point of the tour and from the end point is solely your responsibility.
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If at any point on your tour, you find yourself in difficulty or requiring assistance, we shall offer what we are able to and what is appropriate in the circumstances. This includes but is not limited to assistance with finding medical services, consular services, local authorities or travel services. If the assistance you require arises from situations and circumstances for which we are not responsible, we will not be held liable for any charges, costs or fees associated with those services or any alternative arrangements that need to be made. If the situation and circumstances that require our assistance are as a result of your negligence, or intentional words or action, we reserve the right to charge you a fee for providing our assistance. Subject to the other terms of these Terms & Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
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If the quality of the tour that we provide is not broadly in keeping with those that have been advertised, we will consider an appropriate and proportionate refund where relevant. The degree of refund will take into account the severity of the disruption, degree of impact on the tour itinerary and the variation from what was originally advertised.
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If there are significant alterations to the itinerary, we shall make suitable alternative arrangements at no extra cost to you.
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If your tour involves a ferry crossing, we will provide you with a return ticket in advance or at the start of the tour. This will ensure that you can return to the UK in the event of insolvency of Kudu Motorcycle Tours, as is in accordance with The Package Travel and Linked Travel Arrangements Regulations 2018.
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In the event that Kudu Motorcycle Tours becomes insolvent before or during the tour, your money is protected in a trust provided by Protected Trust Services (www.protectedtrustservices.com or 0207 190 9988: membership number 6373) which hold your payments in trust. Should Kudu Motorcycle Tours go insolvent before or during your tour, you will be able to claim an appropriate and relevant refund directly from them. This only covers protection for the aspects of the tour for which we are responsible, so we strongly encourage additional insurance for all other costs e.g. flights to and from the start point.
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The company will not be held liable or responsible in any way for any injury, illness, death, loss, damage, expense, cost or other claim of any nature, which is the result of the acts of third-parties either related or unrelated to the tour, suppliers to the tour, or Force Majeure.
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Unless shown to be due to our negligence, we will not be held responsible for death, personal injury or illness howsoever caused.
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In the event of an insurance claim by us, or by you, we will fully cooperate and provide you with the necessary information and/or assistance when requested in a timely manner.
Your responsibilities
Documentation:
On all our tours, it is a mandatory condition of booking that:
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You hold a valid, full motorcycle license for the countries and territories visited and for the class of motorcycle being ridden. Where relevant, you may also require a valid International Driving License/Permit (IDP) and it is your responsibility to ensure you are in possession of this for the tour.
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You have valid and full motorcycle insurance for your motorcycle, you, and any pillion you may carry (if applicable), for the full duration of the tour.
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You have adequate breakdown cover for your motorcycle that also covers repatriation for you, your pillion (if applicable) and your motorcycle in the event of breakdown or an accident in all countries visited on the tour.
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You (and your pillion, if applicable) have personal travel insurance which includes cancellation cover and medical cover for all activities detailed in the tour itinerary, and repatriation in the event of illness or accident.
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You carry European Health Insurance Cards (EHIC) or UK Global Health Insurance Card (UK GHIC) if they are applicable to your circumstances.
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You hold a valid passport and acquire any necessary visas for all countries visited on the tour (where necessary). You are responsible for checking the current visa requirements for your tour and this should be done with the relevant Embassies or Consulates.
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You are responsible for identifying and acquiring any necessary vaccinations or any other immigration requirements or health formalities required for entry to all countries on the tour, as well as the documentation required to show proof of these.
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You should ensure that all documentation is relevant and covers all aspects of the tour, for all locations visited, and for each individual’s personal circumstances and requirements. If you choose to proceed on the tour without the relevant documentation, we will not be liable for any losses, however they arise.
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You must carry a suitable ID and money card (credit/ debit) as some hotels may request a deposit from all members of the tour for room charges.
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It is your responsibility to prepare, arrange, carry and, where necessary, provide evidence of the documents listed above as well as any others not listed that may be applicable to your personal circumstances. We will not be responsible for any delay, disruption or cancellation to your tour resulting from the loss, lack of possession or lack of validity of any documents. We are not liable for any costs, direct or indirect, associated with this delay, disruption or cancellation to your tour and no refunds will be provided if your tour is missed or curtailed.
Riding:
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You are solely responsible for the safety of yourself and your pillion (if relevant).
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You must have the ability to make your way home independently in the event of a breakdown, accident or emergency or termination of the tour for whatever reason.
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You must be a competent, safe motorcycle rider, be fully in control of your motorcycle at all times and ride in accordance with the local rules, laws and regulations of each country or territory visited on the tour.
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You should ride in a safe and courteous way that does not endanger yourself or any other road users. Failure to do so may result in being asked to ride alone or in more serious cases, for example but not limited to riding in a manner that could cause harm, danger, damage and/or annoyance, your removal from the tour. In this event, you will receive no refunds whatsoever and be responsible for your own repatriation.
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You are solely responsible for any accident, be it solo, with a fellow tour participant and/or with a third, unrelated party. Kudu Motorcycle Tours are in no way responsible for any road accident that arises on a tour in such situations.
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You should be aware of the tour route, daily expectations for distances and riding time and ensure that you feel confident to participate fully in the tour prior to booking and agreeing to the Terms and Conditions. We shall not be responsible if you feel unhappy with the riding requirements whilst on a tour.
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We are in no way responsible for your motorcycle, its usage, legality, insurance, mechanical upkeep or breakdown. We bear no responsibility for any accident, incident, breakdown or legal issue relating to the usage of your bike, you or your pillion whilst on the tour.
Your motorcycle:
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Your motorcycle should be road-legal, fit for purpose, with suitable and clearly visible registration plates, with a valid MOT (or equivalent), and any other requirements to ensure that it conforms to all laws and legal requirements in all countries or territories that are visited on your specific tour.
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You are responsible for the upkeep and care of your motorcycle and ensuring these conditions are met for the full duration of the tour.
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In the event of a breakdown, accident or incident, you are solely responsible for the recovery, repair and/or repatriation of your motorcycle.
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If your motorcycle does not meet these conditions at any point during the tour, you may not be allowed to continue, and no refund will be offered if you are withdrawn from the tour.
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You are entirely responsible for any loss or damage to your motorcycle and /or personal property regardless of how any damage may have been caused. We have no liability or responsibility for any of your property, including your motorcycle.
Conduct:
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Your conduct must be appropriate at all times- we have a zero-tolerance policy on physical or verbal abuse, harassment, threatening behaviour, or words or deeds that cause significant disruption to any member related to the tour group; tour guides, tour members, contractors or other relevant individuals. Any breach of this term will result in the termination of your contract and your immediate removal from the tour at your own expense and with no refund or compensation of any kind. We will not accept any claim for consequential loss as a result of such circumstances.
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Any supplier that is exhibiting threatening behaviour, physical or verbal abuse to any member of the tour group will have their contract terminated.
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Events related to the non-disclosure of medical, allergy, disability or dietary requirements, or criminal convictions will be charged to you, and may lead to the termination of your tour with us without any redress, refund or compensation.
Local Laws and Customs
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All participants on the tour agree to abide by all laws and customs of the countries and territories visited on the tour.
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If the individual is stopped and detained by the law enforcement or other authorities, we have no responsibility to unduly delay the tour to assist you. If you commit an illegal act, your tour may be terminated immediately. In such instances no refund or compensation of any kind will be provided, and we shall not be responsible for any associated costs incurred.
Other responsibilities
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If your booking requires a ferry journey, you must abide by the Terms and Conditions of the ferry company.
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You must disclose all criminal convictions to us upon completion of your booking or, if conviction occurs after the booking and before or during the tour, as soon as you are aware of such conviction. Non-disclosure may result in the cancellation of your tour, termination of contract with no refund, compensation or redress.
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You must disclose all medical conditions, allergies, disabilities and/ or dietary requirements upon completion of your booking or, if after the booking occurs and before or during the tour, when such information becomes known. Non-disclosure may result in the cancellation of your tour, termination of contract and no refund, compensation or redress. All information is dealt with in strictest confidence and sensitivity and may be of significant benefit should a medical situation arise in helping acquire suitable medical assistance as soon as possible.
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You must inform us of any medication or treatment that you may need during the tour upon completion of your booking or, if after the booking occurs and before or during the tour, when such information becomes known.
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It is your responsibility to ensure that you are aware of the Foreign, Commonwealth and Development Office (FCDO) travel advice in regard to the safety of the countries and areas in which you will be travelling to and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force Majeure.
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Whilst we attempt to be as open and welcoming to as many individuals as possible, due to the physical nature of riding a motorcycle, as well as some of the locations being visited requiring some significant walking, and some without disabled access, we do not recommend that individuals who have limited mobility, those in a poor state of health and fitness, or with certain medical conditions join any of our motorcycle tours. It is your responsibility to ensure that you have read and understood the information provided regarding the tour on the website and made a sound judgement as to whether you feel the tour is suitable and whether you are able to partake fully in the tour. We cannot be held responsible or liable in any way if you are unable to participate in any form due to your specific health circumstances.
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You are solely responsible, financially or otherwise, for any damage or disruption caused by your actions when using a facility organised as part of the tour, for example but not limited to hotel rooms or any leisure facilities. At times, hotels may request copies of identification and payment details (e.g.credit cards) from participants.
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You accept the authority and decisions of the Tour Leader or representative of Kudu Motorcycle Expeditions and agree to adhere to them.
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In the event of an insurance claim by us, or by you, you must fully cooperate with us and provide us with the necessary information and/or assistance when requested in a timely manner.
Photography
We reserve the right to take and use photographs and video footage of any participant and/ or their motorcycle during the tour. We may use the photos or videos for social media, advertising material or any other marketing or tour information purposes, without the need to gain any additional consent. You accept that video footage and photographs of you and/ or your motorcycle may be used for promotional and advertising material.
Complaints procedure
Should you or any member of your party have a complaint regarding matters related to the tour itself, you must inform the tour guide or a company representative of the issue arising as soon as is reasonably possible. We are unable to successfully rectify problems or issues, or attempt to do so, if we are unaware of them.
You must inform us without undue delay of any failure to perform or improper performance of the arrangements included in the tour.
If you are still dissatisfied with the response, you must write to us by email within 28 days of the last day of the tour.
Failure to inform the company at the time of the issue may result in you being unable to claim compensation or refunds, or the refund or compensation being reduced.
Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
Website / Advertising material accuracy
The content of our websites and any advertising material is believed to be correct at the time of publication or printing. At times, errors may occur, and changes may be made. It is your responsibility to ensure all details of your tour with us are correct at the time of booking.
Motorcycle Rental (if applicable)
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Kudu Motorcycle Tour recommends various third-party companies (‘rental providers’) to recommend motorcycle rentals for its customers/clients.
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Any motorcycle rental agreement is exclusively between you and the rental provider, not with Kudu Motorcycle Tours. In this respect, we solely function to recommend a rental company for hiring a motorcycle. We are not part of the legal rental agreement and have no responsibility or liability for any aspect of the rental agreement, or the acts or omissions of any of the providers, employees, or agents.
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You must supply all necessary documentation to the rental company. Certain original documents will need to be shown to the rental provider at the time of collecting the motorcycle. Failure to show these documents could lead to the rental provider not renting the motorcycle to you. In such circumstances, Kudu Motorcycle Tours will not be liable for any costs or losses as a result of you being unable to partake in a tour and no refunds or compensation will be provided.
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Please check carefully what policies are in place in the event of a breakdown, an accident or other type of incident, if a motorcycle becomes unusable or you are concerned about its functionality and/ or safety. In the case that any such an event occurs, you should contact the rental provider directly- it is their responsibility to rectify the issue, however done. We can assist with contacting the rental provider.
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Kudu Motorcycle Tours will offer no refund and will not be liable for any costs as a result of any issue or circumstances related to the rental motorcycle which impacts on your tour. We solely provide the tour and do not own or have the authorisation to make decisions related to the motorcycle rental contract or the motorcycles themselves, and as such, bear no responsibility, financially or otherwise for issues related to the rental agreement and its impact on your tour.
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Complaints procedure: Any issues or queries related to your motorcycle rental before or during the tour should be directed to them. You should make reasonable efforts to contact the rental provider with your concerns/ complaints as soon as is reasonably possible to provide them with the opportunity to rectify the issue. Failure to do so could significantly affect the amount of compensation and/or refund you receive, should one be appropriate. Kudu Motorcycle Tours can assist in contacting the rental company.
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If you book a tour and cannot ride because you fail to meet any of the criteria in the rental provider’s Terms and Conditions, for example but not limited to, being unable to provide the necessary documentation, then no refund on your tour costs will be available.
Our Liability
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We have no liability and are not responsible for and for the acts and/or omissions of persons who are not acting as its employees.
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We choose our third-party suppliers carefully and make efforts to ensure their standards are suitable for the tour. However, we have no control over third party suppliers and cannot be held responsible for any action or omission of them, their employees, associates or agents.
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Kudu Motorcycle Tours will have no liability to pay compensation to you for any failure to properly perform its services, where the failure is due partially or fully as a result of your actions.
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Kudu Motorcycle Tours will not be held liable for loss, theft, liability, injury, death,or illness as a result of using the facilities and amenities provided by its suppliers, for example but not limited to, use of swimming pools in hotels, or consumption of food, drink and alcohol in shops, cafes and restaurants. We are also not responsible for the services of third party suppliers not being available for whatever reason and whilst we make every effort to ensure third party suppliers are reliable and of suitable quality, we are not able to assume responsibility for such limitations in access to amenities.
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Kudu Motorcycle Tours shall have no liability to pay compensation to you for damage, expenses or losses incurred for any failure to properly perform Kudu Motorcycle Tours’ services, where the failure is:
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Due to an event which Kudu Motorcycle Tours, even with all due care and attention, could not foresee, preempt or prevent e.g. adverse weather conditions, terrorist activity, and/or unusual and unforeseeable circumstances beyond Kudu Motorcycle Tours’ control, the consequences of which, even if all due care and attention had been taken, could not have been avoided.
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Due to the actions of a third party unconnected with the tour services being provided, and which was unforeseeable or unavoidable.
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Unless shown to be due to negligence by Kudu Motorcycle Tours, we accept no liability for any complaint, loss, damage, expense or other claim in respect of any aspect of your booking or travel arrangements.
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To the maximum extent permitted by law, Kudu Motorcycle Tours’ total liability—whether arising in contract, tort, or otherwise—for liability of any kind, e.g. loss, inconvenience, injury delay, or damage to personal property, shall be strictly limited to the maximum amount you paid for the specific bookings related to the claim.
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Kudu Motorcycle Tours will have no liability for any incident or event related to motorcycle rental. The rental contract is solely between you and the rental company.
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Kudu Motorcycle Tours shall not be liable for any loss or damage- profit, economic, financial, reputational, revenue, savings or otherwise- arising from a failure or delay in performing services under these terms or otherwise in connection with them.
Release of Liability and Assumption of all risks
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By accepting our Terms and Conditions, you acknowledge and voluntarily release Kudu Motorcycle Tours, including all employees, guides, associates, contractors and third parties, from all liability for any personal injury, death, emotional and mental distress, disability, delays, property damage, damage to third parties, or any acts of negligence or recklessness, as well as from any claims, demands, or expenses arising from participation in the tour.
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You fully acknowledge and accept all risks associated with this tour. Participation is entirely at your own volition, and you choose to take part despite these risks.
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This release of liability and assumption of risk applies to all participating parties, relatives, legal representatives, and third parties for whom rights and obligations may be transferred.
Disclosure
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I have disclosed all relevant criminal convictions that may affect my participation in the tour, and will do so at the earliest opportunity if the conviction occurs after booking and before the tour ends.
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I have disclosed all relevant medical conditions, allergies, disabilities and/ or dietary requirements that may affect my participation in the tour, and will do so at the earliest opportunity if any such condition develops after booking and before the end of the tour.
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I have disclosed any and all other relevant information that could impact my full participation in the tour or the participation of any other member of the tour, tour guide or third party.
Any non-disclosure of the above may lead to the contract between you and us as invalid and the termination of your tour, either before or during the tour, and result in the loss of all money paid up until that point. Any loss or impact to Kudu Motorcycle Tours as a result of a non-disclosure of information relevant will be charged to you.
Disclaimer
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I have read and understood the Terms and Conditions of Kudu Motorcycle Tours and I agree to abide by them entirely. I certify that my motorcycle is road legal and that I hold a valid license and certificate of insurance covering my motorcycle, rider and pillion (if applicable). I certify that I hold valid personal travel insurance and breakdown cover that includes the ability to get myself, my pillion (if applicable) and my motorcycle home in the event of illness, accident, breakdown or emergency and will cover any medical treatment that I (or my pillion) may need.
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I possess all necessary paperwork for the trip and will be responsible for safe keeping and its presentation wherever required.
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I have read the tour itinerary and I have made the judgement that the tour is suitable for both me and my pillion (if applicable). I am fully aware of the route, destinations, approximate mileages, types of roads and I have made the judgement that the tour is appropriate for my level of experience, physical and mental fitness and ability. I have no health-related reasons or problems which may prevent my full participation in the tour.
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I understand that Kudu Motorcycle Tours reserve the right at their absolute discretion to ask me to leave the tour group or ride separately from the main tour group, if required.
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I fully acknowledge and accept that motorcycle tours have an inherent risk that cannot be entirely eliminated. I accept these risks and that participation in this motorcycle tour is entirely at my own volition, and I choose to take part despite these risks. The risks include, but are not limited to road traffic accidents, travelling in more remote regions, civil unrest, acts of god, forces of nature, biological warfare, pandemics, all forms of transportation, accident or illness in remote areas without means of prompt emergency assistance.
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I hereby release Kudu Motorcycle Tours, their guides, any members of staff or contractors from any and all liability arising from physical or emotional injury, paralysis, illness, death, delays, loss or damage to property as a result of my participation in the tour.
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I indemnify and promise to not to sue Kudu Motorcycle Tours for any and all liabilities or claims made as a result of my participation in a tour.
Indemnity
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I hereby indemnify Kudu Motorcycle Tours and will keep you indemnified against any losses, costs, liabilities, expenses and damages in settling a claim or dispute by a third party as a result of any breach of these Terms and Conditions by me, the participant. This includes legal expenses without limitation.
Payment of deposit or transference of any monies to Kudu Motorcycle Tours is considered acceptance of these terms and conditions. It is each individual’s responsibility to read and understand the terms and conditions.
