BOOKING TERMS & CONDITIONS
The following conditions, together with the relevant brochure/website descriptions, form part of your contract with Adventures in Arizona.
The Contract
A contract is deemed to exist once a booking has been made “definite” by telephone, fax, email or letter AND a confirmation invoice has been issued by Adventures in Arizona. In signing the Booking Form you accept these conditions, and on behalf of all other persons named on the booking form and/or invoice, including anyone added subsequently.
As well as completing and signing our booking form, you will be asked by our overseas Motorcycle Rental Agents to sign a contract with them which will subject you to their terms and conditions and the laws of the country in which the tour takes place. This does not affect your statutory rights under English law.
Reservation and Payment
A £500 deposit is required to make a reservation unless otherwise stated. No booking form is deemed confirmed until payment has been acknowledged by Adventures in Arizona and Adventures in Arizona are in receipt of a completed booking form and a signed copy of the booking conditions. Balances are always due no later than 6 weeks in advance of your date of travel. No reminders or statements will be sent.
Personal Accident Insurance
It is a condition of booking that you have appropriate travel insurance, which offers cover while motorcycling. Written evidence of appropriate cover is required and it is your responsibility to provide this and make sure that it is available to Adventures in Arizona upon request. Adventures in Arizona accepts no responsibility for a customer’s failure to (a) arrange appropriate cover or to (b) provide us with details.
What is included
Please see the terms and conditions specific to the tour or rental you require as set out on our website at www.adventuresinarizona.com . All pre-arranged activities as per the tour itinerary are included within the price and are non-refundable.
What is not included
Excluded from all prices given (unless specifically stated) are personal travel insurance, flights, visa (where applicable), pre and post tour accommodation. Also excluded (unless specifically stated) are fuel, oils, clothing, food, drink and souvenirs, and additional request items, such as luggage carriers. Such costs are specified where relevant and are your responsibility.
-1- Room Allocation
Most hotels charge on a per room not per person basis.
Flights.
It is entirely your responsibility to arrange and pay for all flights to Sky Harbour Airport, Phoenix. Please liaise with Adventures in Arizona who can advise as to flights, timings etc. Amendments. Reservation amendments by you following issue of a confirmation invoice and/or receipt of full payment must be made in writing, and incur an amendment fee of £25 and Adventures in Arizona will do all they can to make such amendments if practically possible.
Before You Make A Booking
Participants should be aware that motorcycling is a potentially dangerous activity, and that they undertake tours at their own risk. Adventures In Arizona shall not be responsible for participants’ actions or for injury, damage to property or other loss due to any matter beyond their control. We regret that participants under the age of 21 years cannot be accepted, except as a pillion. Before making a firm booking for any tour, intending participants MUST make certain it is appropriate to their physical abilities. In addition, pre-existing medical or mental conditions or learning or physical disabilities, whether or not these are controlled by medication or are currently dormant, must be declared to Adventures in Arizona before booking.
Adventures In Arizona shall not be responsible if any participant is unfit for the tour. Any participant suffering from diabetes or any other condition requiring medication shall ensure that the leader and at least one other responsible member of the party is aware of this. It remains the responsibility of each participant to disclose the existence of such a medical condition on the booking form. Adventures In Arizona will not be held responsible for any failure to do so. Any participant with any disability requiring special accommodation provision shall notify Adventures In Arizona in writing of that disability and the accommodation requested at the time of booking.
Bookings Are Accepted On The Following Understanding
The participant’s booking is accepted on the understanding that he or she realises the hazards involved in this kind of tour including injury, disease, loss of or damage to property including inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and requires a substantial degree of tour flexibility. The outline itineraries given for each tour must therefore be taken as an indication of what is to be accomplished and not as a contractual obligation.
Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, sickness or any other unforeseen circumstances. No refund will be given for services not utilised. It is a fundamental condition of joining the tour that a participant accepts the need for this flexibility and acknowledges that delays and alterations and their results, such as inconveniences, discomfort or disappointment, are possible.
It is necessary that a participant abides by the authority of, and co-operates with, the leaders. Signing the booking form signifies the participant’s agreement to this, and we reserve the right, at a leader’s absolute discretion, to terminate without notice the holiday arrangements of any participant who commits an illegal act when on tour or whose behaviour is such that it is likely, in the leader’s opinion, or that of any accommodation owner or manager or other person in authority, to cause distress, danger, damage or annoyance to other customers, employees, property or to any third party.
If any participant is prevented from travelling because in the opinion of any person in authority he or she appears unfit to travel of likely to cause discomfort or disturbance to other participants, our responsibility for that participant’s holiday will then cease. In all cases we will be under no obligation whatsoever for any costs incurred, and the participant concerned shall not be entitled to any refund.
Cancellation by Customer
Prior to 8 weeks before your holiday, cancellation will incur a loss of deposit. Within 8 weeks of travel, the charge will depend on the arrangements booked. It will be at least 75%, and if less than 14 days prior to the rental or tour, will be 100%. A no-show always incurs 100% charges. Cancellation is only effective when written notification is received by Adventures in Arizona. It is your responsibility to ensure such notification is received.
Cancellation by Adventures in Arizona.
(a) Adventures In Arizona reserves the right to cancel tours/rentals up to 14 days prior to commencement if minimum tour numbers have not been reached or if a rental motorcycle or substitute is no longer available. Adventures in Arizona is obliged to give you as much warning as possible of any cancellation, and will make every endeavour to offer an alternative. If there is no suitable alternative, then the tour cost will be refunded in full, which will constitute full settlement. Adventures in Arizona is under no obligation to refund the cost of additional arrangements such as extra nights’ accommodation or flights.
(b) Adventures in Arizona and its Contractors reserve the right to accept, decline or remove any customer from any tour at any time, and to cancel any contract on grounds of non-compliance with these Terms and Conditions, those of the Contractor, local traffic regulations or a Contractor’s requirements for group travel. In such circumstances no refund will be due.
Customers agree to accept the authority and rules of Adventures in Arizona and its Contractors, guides and outfitters.
-3- Our Liability To You
We promise to ensure that all parts of the holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We accept no responsibility for any personal injury or death caused to you as a result of the proven negligent acts and/or omissions of our leaders, agents, suppliers and sub-contractors. Adventures In Arizona shall not be liable for any damages caused by the total or partial failure to carry out the contract if such failure is:
i) attributable to the participant or any member of his or her party;
or
ii) the fault of a third party unconnected to either the leader or Adventures In Arizona
or
iii) a result of unusual or unforeseen circumstances beyond the control of the leader, Adventures In Arizona or the supplier of the service in question which could not have been predicted or avoided even after taking all reasonable care (see Force Majeure)
or
iv) the fault of any person who was not carrying out work for us (generally or in particular) at the time
Where Adventures In Arizona is found to be liable for damages in respect of its failure to carry out the contract the maximum amount of such damages will be to the price paid for the tour. Any independent arrangements made by the participant that are not part of the tour are entirely at his or her own risk.
Force Majeure
Adventures in Arizona, our Agents, Assigns and Contractors accept no responsibility for and shall not be liable in respect of any loss, damage, alterations, delays or changes arising from circumstances outside our control, such as but not restricted to: war or threat of war, riot, industrial dispute, civil strife, fire, adverse weather conditions, terrorist activity, natural and nuclear disaster, technical problems with transport, computer malfunction, cancellation of scheduled or charter airlines, closure or congestion of airports or ports, disease or financial failure of Contractors. UK Foreign Office advise at the date of travel is regarded as decisive where relevant.
Refunds
There are no refunds if a motorcycle is returned before the end of the hire period or if a tour is curtailed.
-4- Motorcycle Type
Adventures in Arizona and our Contractors understand the importance of providing you with the model of motorcycle you have requested, and will make every endeavour to ensure that you are allocated that model. However, the right is reserved to supply an alternative motorcycle, if for any reason the model requested is unavailable. Any changes in rental rates are to be negotiated locally between you and the Contractor direct.
Tour Description
While every effort is made to be as accurate as possible in our leaflet and website descriptions, Adventures in Arizona reserves the right to amend tour itineraries before travel, and to amend itineraries during a tour if, in the professional opinion of the tour guide, so required by local circumstances or the number or riding ability of the tour participants.
Vehicle Suitability
If for any reason you are dissatisfied with the motorcycle supplied, upon collection, you must report this immediately to both the Contractor and to the Adventures in Arizona tour leader. Later complaints will not be accepted.
Mechanical Difficulties/Accident
In the event of mechanical breakdown or accident, report this to the emergency number issued to you by the Contractor. Do not undertake repairs without the prior agreement of the Contractor. In the event of an accident, always report it to the police immediately, obtain an accident report number, and notify the Contractor. The Contractor will make every effort to provide repair facilities or a replacement motorcycle, but it is not obliged to do so.
Motorcycle Rental Security/Damage Deposit
You are always required to leave a deposit with the Contractor at the start of your tour/rental, usually equivalent to the insurance excess (deductible). Any damages will be deducted by the Contractor at the end of your tour/rental.
Passports/Visas
You must have a valid passport with at least 6 months validity after your return date. It is your responsibility to ensure that you comply with the entry regulations for the country(ies) you are visiting and to obtain and pay for any visas that may be required, and to take all necessary documentation with you. Adventures in Arizona will not be liable if you fail to discharge these responsibilities.
Driving Licence
For all rentals you must have a full UK driving licence valid for large capacity motorcycles, or national equivalent for non UK residents.
Age and Experience
Minimum age and experience restrictions apply for each tour or hire. It is your responsibility to ensure you meet any requirements. Neither Adventures in Arizona nor our Contractors will be held liable for your failure to meet the stated requirements.
-5- Pillion Passengers
Passengers/non-riders are welcome on all tours and rentals. Only pillions notified to Adventures in Arizona and signing the Contractor’s hire agreement may be carried.
Helmets
It is a condition of Adventures in Arizona that you wear an approved crash helmet when riding a motorcycle. We are able to provide helmets locally, but we strongly encourage you to take your own. Adventures in Arizona accepts no liability for the condition of any crash helmet.
Special Requests
Please notify Adventures in Arizona of any special requests you may have at the time of booking (e.g. diet, allergy, anniversary, birthday). There may be additional charges for any such requests. Adventures in Arizona will try to arrange special requests to be met, but cannot guarantee that they will unless a supplement is charged.
Riding Areas
When group touring, it is your responsibility to follow any instructions and information issued by the tour leaders. When hiring a motorcycle, you must obey the restrictions imposed by our Contractor. As a general rule, you must not leave the country, you must not travel on private roads, and road motorcycles must not be taken off-road, without prior agreement of the Contractor. Breaches of restrictions may invalidate travel and motorcycle insurances.
Surcharges
We reserve the right to impose a surcharge up to 30 days prior to commencement of the tour if our costs increase due to unfavourable changes in exchange rates, increases in accommodation costs or taxes, or if government action should require us to do so. Even in this case we will absorb an amount equivalent to 2% of the tour price. Only amounts in excess of this 2% will be payable by you. Should a surcharge exceed 10% of the tour price you will be entitled to cancel your holiday and receive a refund of all monies paid. Should you decide to cancel because of this you must exercise your right to do this as soon as possible from the issue date of the revised invoice.
Complaints
If you have a complaint about the service that you have received from Adventures in Arizona or our Contractor, we require you to do the following. 1. Lodge the complaint with Adventures in Arizona or our Contractors as soon as possible, to allow the opportunity to rectify the cause of the complaint. Failure to do so may reduce or extinguish your legal rights. At the very latest the complaint must be lodged by the end of the tour or rental. 2. If not resolved at the time, follow this up in writing to Adventures in Arizona with 31 days of the completion of your tour or rental. All complaints will be acknowledged within 7 days of receipt, and we aim to respond in full within 31 days. If your complaint remains unresolved, it may be referred (with your agreement) to an English Court of Law.
-6- Data Protection Act
In order to process your booking and ensure that your travel arrangements run smoothly, we need to use the information you provide such as name, address, any special needs/dietary requirements etc. This information must be passed on to the relevant suppliers of your arrangements such as airlines, hotels, transport companies etc. The information may also be provided to public authorities such as customs and immigration if required by them or as required by law. We take full responsibility for ensuring that proper security measures are in place to protect your information whilst in our hands.
As your holiday is outside the European Economic Area controls on data protection may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. If we cannot pass this information to the relevant suppliers we cannot process your booking. In making your booking you consent to this information being passed on to the relevant persons.
Jurisdiction
This contract and any matters arising from it are subject to the jurisdiction of the courts of England and Wales.