The term “Agreement” refers to the Terms and Conditions set forth below. The term “Travel Agent” Or “Travel Agency” refers to the Travel Agency booking the tour. The terms “Tour Participant”, “Participant” or “Renter” refer to any authorized driver(s) and/or authorized passenger(s). The term “The Roadery” refers to The Roadery, a DBA of Philipp Reker Brand Consulting, LLC. The term “Rental Company” refers to the 3rd party motorcycle rental company that provides the motorcycles for the Tour. Travel Agency acknowledges that a separate rental agreement and release and waiver form of rights between the Tour Participants and the Rental Company has to be accepted and signed by Tour Participants at no additional cost upon arrival and that Tour Participants without a duly signed rental agreement and release and waiver form of rights cannot be accepted on any tour. Travel Agency acknowledges that The Roadery’s terms and conditions are in addition and not in limitation of the matters set forth in the terms and conditions of Rental Company. In the event of any inconsistency or conflict between the terms and policies of such separate rental agreement and this Agreement, the terms and policies of the separate rental agreement shall be deemed controlling and shall supersede the terms of this Agreement, which Agreement shall be deemed amended so as to be consistent with the terms and policies of the separate rental agreement. The terms “vehicle”, “bike” or “motorcycle” refer to the motorcycle or other vehicle provided by Rental Company as part of the Tour and any motorcycle or other vehicle that may be substituted for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “CDW” means the Rental Company’s optional Theft and Damage Waiver. Travel Agency acknowledges and agrees that Travel Agency has specifically been advised by a representative of The Roadery to read the Travel Agency terms and conditions set forth below, as well as the consumer terms and conditions, which are available via a link on the respective tour page at www.theroadery.com . Travel Agency has had sufficient time and opportunity to review and read all terms and conditions and has read and understands said terms and conditions. Travel Agency acknowledges that Travel Agency is not relying on any statements or representations of The Roadery or any of its employees, owners, agents, officers or representatives. Travel Agency further acknowledges and agrees that the Travel Agency terms and conditions set forth below constitute the agreement pursuant to which Travel Agency is booking Tour(s) for its client(s) (=Tour Participants). Travel Agency acknowledges that this agreement is strictly between The Roadery and Travel Agency and that Travel Agency has to create its own agreement with Tour Participants which reflects The Roadery’s terms and conditions.
TRAVEL AGENCY COMMISSION
Travel Agencies are paid 10% commission on guided, self-guided and custom tours offered by The Roadery, that are not canceled. Basis for the commission is the retail price of the specific tour package as advertised at the time of booking. Commission is paid to Travel Agency by Travel Agency withholding commission from final balance payment (see details below).
RESERVATION, BOOKING AND PAYMENT PROCESS**
**ALL RESERVATIONS ARE ON A REQUEST BASIS. BOOKINGS MUST BE CONFIRMED BY THE ROADERY IN WRITING
** This booking agreement is between The Roadery and Travel Agency. The Roadery does not enter into a contractual relationship with Participant until Participant signs The Roadery’s terms and conditions upon arrival at the Tour start location, and as such The Roadery is not liable for any claims made by Tour Participant. Travel Agencies are advised to create their own contract with Participant during booking that reflects these terms and conditions.
PICK-UP, RETURN & LATE CHARGES
ROOM AND MOTORCYCLE ALLOCATION
The Roadery will attempt to find a roommate for Participants who book a Tour package that includes double occupancy and a fellow rider and/or passenger for Participants who book a tour package that includes a shared motorcycle. If The Roadery cannot match up a Participant, additional charges for single occupancy and/or single motorcycle use may apply.
CUSTOM TOURS
Custom Tours are being handled individually, meaning they will be quoted and priced on an individual basis. Please note that a quoting fee may apply. This fee will be credited to the final balance with booking confirmation.
STORAGE
Rental Company will provide storage for Participant’s luggage, airline tickets, and other valuables free of charge however at Participant’s risk.
CREDIT CARDS
The Roadery accepts VISA, MasterCard, American Express and Discover.
HELMETS
Helmets are provided as part of the tours. Participants are encouraged to bring their own helmets for comfort and style reasons.
MOTORCYCLE SUBSTITUTION
The Roadery reserves the right to substitute the motorcycle confirmed to as part of the booking process. Should The Roadery not be able to provide confirmed motorcycle, a similar or better model will be provided. This constitutes the maximum liability of The Roadery.
MAINTENANCE RESPONSIBILITY
Participant is responsible for checking engine oil levels at each refueling and reporting mechanical failures to Rental Company immediately. Instructions and procedures for maintenance expense reimbursement are provided at pick-up. Participants may be held responsible for mechanical damage due to negligence in motorcycle operation or failure to provide normal maintenance.
DRIVER REQUIREMENTS
Every authorized drivers must be 21 years or older and in sound medical condition, and must posses a valid driver’s license that qualifies him/her to operate the same type of motorcycle participating in the tour in his/her country, state or province of origin. GERMAN 1A Licenses are accepted, please note upon reservation. Also, authorized drivers must have at least 1 year of riding experience on, and have been fully trained in the operation of motorcycles similar to the size and operating characteristics of the motorcycles participating in the tour. A major credit card is required.
RESTRICTIONS
Violation of listed restrictions voids all VIP Theft & Damage Waivers and guest will be held liable for damages.
NON-OBSERVANCE OF TRAFFIC LAWS AND GROUP TRAVEL REGULATIONS
If the Participant does not comply with traffic laws or the requirements for group travel, The Roadery may cancel the contract and the rental motorcycle will be secured.
RESPONSIBILITY
The Roadery is responsible for providing the services listed in the tour description according to local standard and the accurate description of services offered in its literature. The Roadery is not responsible or liable for any accidents and cannot be held liable in any way for any occurrence in connection with the operation of the tour or Participant’s participation in the tour, which might result in injury, death or other damage to Participant, his property, his family, heirs, or assigns. The Roadery is not responsible for any delays, changes in schedule or other circumstances that may arise over the course of the Tour.
SECURITY DEPOSIT
A security deposit between $100 – $3,000 per Participant will be taken by Rental Company at the time of motorcycle pick-up. The amount of this security deposit varies based on whether Participant buys a Theft & Damage Waiver from Rental Company. Rental Company reserves the right to adjust the amount of the security deposit and deductible without notice. The security deposit will be refunded by Rental Company upon the return of the undamaged motorcycle. Security deposits must be processed via a credit card or traveler’s checks. The Roadery and Rental Company are not responsible for exchange rate fluctuations.
TOUR RATES
Fares quoted in this document are those in effect at time of printing. The Roadery reserves the right to increase the tour cost at any time prior to departure due to market fluctuation. In the rare event of a fare increase, Travel Agency or Participant have the right to cancel and receive full refund if so desired.
ALTERATIONS TO TOUR SCHEDULE AND HOTELS
Tours operate on a seasonal basis and where seasonal variances and/or weather conditions cause changes in the tour routing and accommodations, the itinerary will be adjusted accordingly and alternate hotels, restaurants and roads will be used.
CUSTOM DROP-OFF
If Participant wishes to drop-off the bike at a location other than scheduled by The Roadery, a custom drop-off charge may occur. Cost for retrieval of the bike is upon request.
CUSTOM PICK-UP
If Participant wishes to pick-up the bike at a location other than scheduled by The Roadery, a custom pick-up charge may occur. Cost for delivery of the bike is upon request.
MOTORCYCLES
TRAVEL AGENT ACKNOWLEDGES THAT THE ROADERY HAS NO CONTROL OVER THE CONDITIONS OF THE MOTORCYCLE(S) PROVIDED BY RENTAL COMPANY AS PART OF THE TOUR AND TRAVEL AGENT WAIVES, RELEASES, DISCHARGES, COVENANTS NOT TO SUE AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ROADERY AND ITS EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, AGENTS AND TOUR GUIDES AND ASSIGNS FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, DAMAGES, LOSSES, LIABILITIES, ATTORNEY FEES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, COSTS, FINES, OR OTHER SANCTIONS OF ANY KIND, THAT MAY BE INCURRED BY OR ACCRUE AGAINST THE ROADERY OR ITS EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, AGENTS, TOUR GUIDES OR ASSIGNS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO THE CONDITION OF THE MOTORCYCLE(S) PROVIDED BY RENTAL COMPANY OR PARTICIPANTS USE OF SUCH MOTORCYCLE(S) OR ANY OCCURRENCE IN CONNECTION WITH SUCH MOTORCYCLE(S) OR PARTICIPANT’S PARTICIPATION IN THE TOUR. Actual motorcycle models and colors may vary based on availability and The Roadary and Rental Company reserve the right to substitute the confirmed motorcycle. Saddlebags and windscreens are subject to availability. In case a confirmed motorcycle is not available, a similar model will be provided and this constitutes the Rental Company’s and The Roadery’s maximum liability.
RELEASE AND WAIVER
Every Participant is required to accept and sign a Rental Agreement (at no additional cost), Release Waiver as well as The Roadery’s Terms and Conditions for Participants before the Tour begins. Without such signatures, The Roadery cannot accept any Participant on any Tour. The Roadery can provide copies of the respective forms upon request.
WARRANTIES
TRAVEL AGENCY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT NEITHER THE ROADERY, NOR RENTAL COMPANY OR THE MANUFACTURERS OF THE VEHICLES AND ITS AFFILIATES (THE ‘”MANUFACTURERS”) HAVE MADE, DO NOT MAKE AND DISCLAIM ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE VEHICLE, INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. TRAVEL AGENCY AGREES THAT NEITHER THE ROADERY NOR THE MANUFACTURERS WILL BE LIABLE TO TRAVEL AGENCY OR PARTICIPANT FOR ANY LOSS OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING IN CONNECTION WITH, THE VEHICLE, ITS USE, OPERATION OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE VEHICLE.
INDEMNITY AND WAIVER/RELEASE OF LIABILITY
TRAVEL AGENCY, ON ITS BEHALF AND ON BEHALF OF ITS OWNERS, EMPLOYEES, REPRESENTATIVES. ASSOCIATES AND ASSIGNS (COLLECTIVELY “ASSIGNS”), IN CONSIDERATION OF THE RENTAL AND/OR PARTICIPANT’S PARTICIPATION IN THE TOUR WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ROADERY AND THE RENTAL COMPANY AND THE MANUFACTURERS OF THE VEHICLES, AND EACH PARTY’S RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, AFFILIATES, TOUR GUIDES AND ASSIGNS (EACH, A “RELEASED PARTY” AND COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, DAMAGES, LOSSES, LIABILITIES, ATTORNEY FEES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, COSTS, FINES, OR OTHER SANCTIONS OF ANY KIND (COLLECTIVELY, “LIABILITIES” or “Liabilities”), THAT MAY BE INCURRED BY OR ACCRUE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO:
a) THE RENTAL, OPERATION OR USE OF THE VEHICLE BY PARTICIPANT OR ANY OTHER PERSON;
b) PARTICIPANT’S PARTICIPATION IN A TOUR DESIGNED OR CONDUCTED BY THE ROADERY OR THE ROADERY’S AGENTS OR REPRESENTATIVES; or
c) ANY ASPECT OF THE RECEIPTS OR OTHER MATERIALS PROVIDED TO PARTICIPANT or
d) ANY EFFORTS TRAVEL AGENCY OR PARTICIPANT MAKES TO COLLECT AMOUNTS OWED, OR OTHERWISE TO ENFORCE THIS AGREEMENT.
THIS INDEMNITY AND WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY ALLEGED INJURY, DAMAGE OR LOSS TO TRAVEL AGENCY OR PARTICIPANT OR THEIR RIGHTS OR PROPERTY (“ALLEGED INJURY”) WHICH MAY BE CAUSED BY ANY ACT, OR FAILURE TO ACT BY ANY RELEASED PARTY, BY ANOTHER PARTICIPANT ON A TOUR, OR ANY OTHER PARTY. THIS INDEMNITY AND WAIVER AND RELEASE WILL APPLY TO ANY ALLEGED INJURY SUSTAINED BY PARTICIPANT BEFORE, DURING, OR AFTER THE RENTAL OR TOUR, INCLUDING BUT NOT LIMITED TO ANY ALLEGED INJURY RELATED TO THE DESIGN OR OPERATION OF THE TOUR OR THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF THE VEHICLE OR THE CONDITIONS UNDER WHICH THE VEHICLE IS USED, AND ANY ALLEGED INJURY RESULTING FROM OR CAUSED BY ANY ACT OR OMISSION CONSTITUTING A BREACH OF TRAVEL AGENCY’S OR PARTICIPANT’S OBLIGATIONS UNDER THIS AGREEMENT AND/OR ANY OTHER AGREEMENT BY AND BETWEEN TRAVEL AGENCY OR PARTICIPANT AND THE ROADERY OR RENTAL COMPANY AND TRAVEL AGENCY OR PARTICIPANT. TRAVEL AGENCY ACKNOWLEDGES AND UNDERSTANDS THAT THIS WAIVER, RELEASE AND INDEMNIFICATION EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL CLAIMS TRAVEL AGENCY OR PARTICIPANT OR ANY OF THEIR ASSIGNS HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF THE RENTAL OR PARTICIPATION IN THE TOUR, THE USE AND/OR THE OPERATION OF THE VEHICLE, OR ANY USE BY ANY OTHER PERSON OF THE MOTORCYCLE, INCLUDING WITHOUT LIMITATION ALL SUCH CLAIMS RESULTING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR ARISING FROM STRICT PRODUCT LIABILITY OR RESULTING FROM ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY BY ANY RELEASED PARTY. TRAVEL AGENCY SPECIFICALLY INTENDS THIS RELEASE TO BE ENFORCEABLE REGARDLESS OF WHETHER SUCH CLAIMS NOW EXIST OR HEREAFTER ARISE OR ARE KNOWN OR UNKNOWN, CONTINGENT OR ABSOLUTE, LIQUIDATED OR UNLIQUIDATED OR FORESEEN OR UNFORESEEN OR ARISE BY OPERATION OF LAW, UNDER A STATE, FEDERAL OR LOCAL LAW OR REGULATION, OR OTHERWISE. WITHOUT LIMITATION TO THE FOREGOING, TRAVEL AGENCY AGREES THAT IF FOR ANY REASON ANY UNAUTHORIZED USER/PASSENGER SHOULD OPERATE OR RIDE ON THE VEHICLE, TRAVEL AGENCY AGREES TO RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES THAT MAY IN ANY WAY ACCRUE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO THE UNAUTHORIZED USER/PASSENGER VIOLATION, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITIES RELATING TO ANY INJURY OR DEATH TO THE UNAUTHORIZED USER/PASSENGER. I ACKNOWLEDGE AND UNDERSTAND THAT BY SIGNING THIS RELEASE, TRAVEL AGENCY AGREES NOT TO SUE ANY OR ALL OF THE RELEASED PARTIES FOR ANY INJURY OR DEATH TO PARTICIPANTS, THEIR RIGHTS OR OTHER PROPERTY, OR TO ANY OTHER PERSON OR SUCH PERSON’S PROPERTY RESULTING FROM OR ARISING OUT OF PARTICIPANT’S PARTICIPATION IN A TOUR, PARTICIPANT’S USE OR OPERATION OF THE VEHICLE, OR ANY USE BY ANY PERSON OF THE VEHICLE. TRAVEL AGENCY ACKNOWLEDGES THAT IT IS AWARE OF THE EFFECT OF THIS WAIVER, RELEASE AND INDEMNIFICATION THAT IS THE SUBJECT OF THIS SECTION AND FULLY UNDERSTAND THE EFFECT OF SUCH WAIVER, RELEASE AND INDEMNIFICATION, AND AGREES TO WAIVE AND RELEASE ON ITS BEHALF AND ON BEHALF OF ITS ASSIGNS ALL BENEFITS FLOWING FROM ANY STATE, FEDERAL OR LOCAL LAWS, RULES, STATUTES OR REGULATION WHICH WOULD OTHERWISE LIMIT THE SCOPE OF SUCH WAIVER AND RELEASE, INCLUDING, BUT NOT LIMITED TO, SECTION 1542 OF THE CALIFORNIA CIVIL CODE THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR” (I.E. RELEASED PARTIES). TO THE EXTENT THAT THE SCOPE OF THIS RELEASE OF LIABILITY IS UNENFORCEABLE IN ANY JURISDICTION, SUCH SCOPE WILL, AS TO SUCH JURISDICTION ONLY, BE DEEMED AMENDED TO THE MINIMUM EXTENT NECESSARY TO MAKE THIS RELEASE ENFORCEABLE IN SUCH JURISDICTION, WITHOUT INVALIDATING ANY OTHER PORTION OF THIS RELEASE OF LIABILITY.
MISCELLANEOUS
1) The Travel Agency shall not assign this Agreement or any right or obligation hereunder without the prior written consent of The Roadery.
2) The Roadery reserves the right to assign, transfer or give to a third party tour operator, in any form whatsoever, all or part of its rights and obligations established under this Agreement, without any condition.
3) This Agreement shall be governed by and enforced in accordance with the laws of the State of California.
4) A delay or failure by either party to exercise any right under this Agreement, or a partial or singer exercise of that right, shall not constitute a waiver of that or any other right.
SUPPORT VEHICLE
The support vehicle offers space for luggage (one suitcase plus one small bag per Participant) and carries water, tools, first aid kit(s) and in some cases a spare motorcycle. The support vehicle is allowed to transport Participants only in an emergency such as serious illness or bike break down; it is not meant to be a transport vehicle for temporarily reluctant drivers or passengers.
BAGGAGE
Baggage is limited to one medium size bag and one carry-on per person. The Roadery assumes no responsibility for loss, damage, or delay in delivering baggage to tour participants. Baggage insurance is recommended.
ADDITIONAL ACCOMMODATION
Pre and/or post Guided Tour accommodations are available upon request. Please note that a fee of $50 may occur if you change or cancel the booking for your additional accommodation.
ROAD AND WEATHER CONDITIONS
The Roadery strives to schedule tours at a time of the year when the weather in the touring area is usually pleasant for motorcycling. Many tours pass through areas where road and weather conditions can change very fast and significantly. The Roadery cannot be made liable for unpleasant and unsuitable road or weather conditions and no refunds are made for such conditions. It is Travel Agency’s and Participant’s responsibility to check/determine if weather conditions are expected to be safe along the route during the planned time of the Tour.
FUEL
Fuel is included on all guided tour riding days. However, The Roadery reserves the right to charge an additional fee if fuel costs significantly exceed the average price per gallon at time of printing. Travel Agencies will be notified within 45 days prior to the Guided Tour departure date if adding the fuel surcharge is deemed necessary. Fuel surcharges can be paid by the Travel Agency or directly by the Tour Participant to The Roadery when the bike is picked up from the tour departure location.
PAYMENT POLICY
PAYMENT BY CREDIT CARD
PAYMENT BY CHECK
Payments must be made to The Roadery and checks must be drawn on a U.S. bank and payable in U.S. dollars. To insure proper account crediting, please include booking reference number and Travel Agency name and account number. Mail Checks To: The Roadery, P.O. Box 912, Venice, CA 90294, USA
PAYMENT BY WIRE TRANSFER
(All wire fees are to be paid by originating Travel Agent)
Bank Name: CITIBANK N.A.
Bank Address: 4375 Glencoe Ave, Marina Del Rey, CA 90292
Telephone: 424-500-8363
Routing Number: 322271724
Account Number: 204342182
Swift Code: CITIUS33
CANCELLATION POLICY GUIDED TOURS
Cancellation by Travel Agency
Cancellations received less than 65 days prior to the tour departure date will be subject to the following penalties:
Cancellation Fees are based on the Guided Tour wholesale price. Exceptions to this policy cannot be made for any reason. Trip cancellation insurance is strongly recommended. Cancellations must be confirmed by The Roadery in writing. Cancelled Tours are not eligible for Travel Agency commission.
Cancellation by The Roadery
Travel Agency acknowledges that (i) situations may arise which may make it necessary for The Roadery to cancel, advance or postpone a scheduled Tour, change itineraries or make substitutions regarding routes, hotels/motels, cities, motorcycles and other travel arrangements, that (ii) in that event, The Roadery does not assume responsibility or liability for any resulting losses, expenses or inconveniences, (iii) the full tour price will be refunded if the Tour is cancelled by The Roadery prior to scheduled tour start date and that (iv) this will constitute the full settlement. Travel Agency acknowledges that The Roadery is not liable for any additional costs or losses incurred by Travel Agency or Participant due to The Roadery’s cancellation of the Tour. This includes, but is not limited to the cost of airline tickets, hotel reservations or automobile rentals. Travel Agency acknowledges that Tours canceled by The Roadery are not eligible for Travel Agency commission.
Cancellation by The Roadery due to lack of confirmed minimum number of Participants
Travel Agency acknowledges that up to 30 days prior to the start of a tour, The Roadery can cancel the Tour if an insufficient number of tour participants have booked and fully paid by that time. The minimum number of participating motorcycles is 6 (six) to conduct a guided tour. In this case Travel Agency will be notified by The Roadery and The Roadery will either offer Travel Agency the tour as a self-guided tour (motorcycle rental & hotel package) and refund the price difference or offer to operate the guided tour if all participants agree to a supplement charge due to the low number of tour participants. If tour participants do not accept to pay the supplement, the tour will be canceled and The Roadery will refund the payment in full, which will constitute the full settlement. Travel Agency acknowledges that The Roadery is not liable for any additional costs or losses incurred by Travel Agency or Participant due to The Roadery’s cancellation of the tour due to lack of participation. This includes, but is not limited to the cost of airline tickets, hotel reservations or automobile rentals. Travel Agency acknowledges that Tours canceled by The Roadery due to lack of participation are not eligible for Travel Agency commission.
Self-guided tour packages are being booked on a REQUEST basis and are subject to hotel availability for the desired tour dates.
GPS NAVIGATION UNIT
Travel agency acknowledges that the roadery is not making any guarantees regarding the safety of the route stored in and/or suggested by the Device or the functionality OR CONDITION of the Device. TRAVEL AGENCY acknowledgeS that the route stored in and/or suggested by the Device is merely a suggestion and that travel agency and participant are ultimately fully responsible for determining, PLANNING and taking the safest route. Participants are responsible for damage, theft, or loss to any of the components of the GPS Navigation Unit including but not limited to the power cord, case, mount, SD card, and navigation unit.
ITINERARY CHANGES
Change of booking – meaning any modification applied after a booking is confirmed – is due to a change fee of $20 per modified hotel or service plus other change fees charged by our suppliers.
ROAD AND WEATHER CONDITIONS
Many tours pass through areas where road and weather conditions can change very fast and significantly. The Roadery cannot be made liable for unpleasant and unsuitable road or weather conditions and no refunds are made for such conditions. It is Travel Agency’s and Participant’s responsibility to check/determine if weather conditions are expected to be safe along the route during the planned time of the Tour.
NO SUPPORT VEHICLE
Support vehicles are not available for Self-Guided Tours
FUEL
Fuel is not included in Self-Guided Tours
PAYMENT POLICY SELF-GUIDED TOURS
PAYMENT BY CREDIT CARD
PAYMENT BY CHECK
PAYMENT BY WIRE TRANSFER
(All wire fees are to be paid by originating Travel Agent)
Bank Name: CITIBANK N.A.
Bank Address: 4375 Glencoe Ave, Marina Del Rey, CA 90292
Telephone: 424-500-8363
Routing Number: 322271724
Account Number: 204342182
Swift Code: CITIUS33
CANCELLATION POLICY SELF-GUIDED TOURS
Cancellation Fees in case of cancellation by Travel Agency or Participant
Cancellation Fees are based on the total booking amount. The Cancellation Policy will also apply to any booking changes made to a confirmed booking less than 60 days. Changes include but are not limited to, change in motorcycle model, pick-up/return cities, dates, and one-ways. Cancellations and booking changes must be confirmed by The Roadery in writing. Cancelled Tours are not eligible for Travel Agency commission.
Cancellation and changes by The Roadery
Travel Agency acknowledges that situations may arise which may make it necessary for The Roadery to cancel, advance or postpone a scheduled Tour, change itineraries or make substitutions regarding routes, hotels/motels, cities, motorcycles and other travel arrangements and that in that event, The Roadery does not assume responsibility or liability for any losses, expenses or inconveniences resulting for Travel Agency or Participant. The full tour price will be refunded if the Tour is cancelled by The Roadery prior to the scheduled tour start date and Travel Agency acknowledges that this will constitute the full settlement and that The Roadery is not liable for any additional costs or losses incurred by Travel Agency or Participant due to The Roadery’s cancellation of the Tour. This includes, but is not limited to the cost of airline tickets, hotel reservations or automobile rentals.
LIABILITY INSURANCE BY RENTAL COMPANY
Participants operating the motorcycle as permitted by this Agreement, The Roadery’s terms and conditions and the agreement with Rental Company will be afforded with a liability insurance Policy (the “Policy”), made available through the Rental Company and/or other third party insurers, against liability for causing bodily injury or death to others or damaging the property of others only up to the minimum financial responsibility limits required by applicable law of the State in which Participant picks up the motorcycle (the “Required Minimum Amount”). The Policy is provided as part of the rental agreement between Participant and Rental Company and The Roadery is not a party to such agreement and in no way liable. Where the law extends coverage to a non-permitted operator, the same limits will apply. Rental Company and/or other third parties can provide coverage under a certificate of self-insurance or an insurance policy, or both, as they choose. In the event of any inconsistency or conflict between the terms of the Policy and this Agreement, the terms of the Policy shall be deemed controlling and shall supersede the terms of this Agreement, which Agreement shall be deemed amended so as to be consistent with the terms of the Policy. Passengers are not covered for personal injury under the liability insurance provided by the Rental Company and therefore ride at their own risk. Travel Agency agrees to fully and completely indemnify The Roadery and its employees, owners, officers, agents, tour guides and representatives from any Liabilities in any way arising in connection with any claim, demand or action brought by any Participant (driver or passenger). All insurance, coverage and waivers are subject to the express terms and conditions of the agreement between Participant and the Rental Company and do not include coverage for injury, personal property, or damage as the result of negligence such as illegal use or the use of the motorcycle while under the influence of drugs or alcohol. Adequate travel, health and accident insurance as well as trip cancellation insurance is recommended.
AVAILABILITY OF ADDITIONAL COVERAGE THROUGH RENTAL COMPANY
The Roadery recommends that Travel Agency or Participant take out adequate travel, health and accident insurance as well as trip cancellation insurance through their agents. Travel Agency and Participant have the option to purchase CDW (Rental Company’s optional Theft and Damage Waiver) and Supplemental Liability Insurance coverage from Rental Company in advance or upon check-in, subject to the Rental Company’s terms and conditions. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE TERMS OF SUCH POLICIES FOR ADDITIONAL COVERAGE AND THIS AGREEMENT, THE TERMS OF SUCH POLICIES SHALL BE DEEMED CONTROLLING AND SHALL SUPERSEDE THE TERMS OF THIS AGREEMENT, WHICH AGREEMENT SHALL BE DEEMED AMENDED SO AS TO BE CONSISTENT WITH THE TERMS OF SUCH POLICIES. Any additional liability insurance and/or CDW purchased by Participant shall not be applicable in connection with any damages or liabilities incurred in connection with using the Vehicle and/or being in Death Valley, California during the period commencing as of June 1 and terminating as of September 30. Because motorcycle rentals are considered an exotic rental most credit cards and insurances do not transfer the same way as they do with normal car rentals and Travel Agency agrees to advise Participant to check with his/her Credit Card Company or insurance provider for coverage. Below is what Rental Company offers (all coverage and waivers are subject to the express terms and conditions of the rental contract between Participant and Rental Company and do not include coverage for injury, personal property, or damage as the result of negligence such as illegal use or use of rental motorcycle while under the influence of drugs or alcohol. A Police Report is required for all significant damages or accidents. All significant damages to rented motorcycle without a police report are considered the Renter’s fault):
SLI provides Supplemental third-party liability insurance at limits excess of state-required minimum financial responsibility limits, in an amount equal to $300,000
SLI provides Supplemental third-party liability insurance at limits excess of state-required minimum financial responsibility limits, in an amount equal to $1,000,000
Theft or Damage: Renter pays up to $2000 deductible / occurrence.
Theft or Damage: Renter pays up to $1000 deductible / occurrence.
Available for tours longer than 4 days and at select locations only. Damage: Renter pays no deductible / occurrence. Theft: Renter pays up to $1000 deductible/ occurrence.
NO LIABILITY INSURANCE BY THE ROADERY
Travel Agency acknowledges that The Roadery is not providing any kind of insurance to Travel Agency or Participant whatsoever and that Participant is responsible for any insurance he/she wants to obtain beyond what Rental Company provides. TRAVEL AGENCY ON ITS BEHALF AND ON BEHALF OF ITS DIRECTORS, REPRESENTATIVES, ASSOCIATES, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “ASSIGNS”) WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ROADERY AND ITS EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, AGENTS AND TOUR GUIDES AND ASSIGNS FROM AND AGAINST ANY AND ALL MEDICAL COSTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, LIABILITIES, ATTORNEY FEES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, COSTS, FINES, OR OTHER SANCTIONS OF ANY KIND, THAT MAY BE INCURRED BY OR ACCRUE AGAINST THE ROADERY OR ITS EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, AGENTS, TOUR GUIDES OR ASSIGNS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO PARTICIPANTS’ PARTICIPATION IN THE TOUR. TRAVEL AGENCY WILL ADVISE PARTICIPANY TO TAKE OUT ADEQUATE TRAVEL, HEALTH, ACCIDENT AND TRIP CANCELLATION INSURANCE.
IMAGE AND MEDIA VAULT ACCESS
The use of marks, logos, and pictures provided in our media-vault is only permitted to promote The Roadery products and only during the term and dates of this agreement. Alteration of The Roadery logos, in any way other than to re-size for print layouts, is NOT permitted. Use of any logo or picture for any other purpose needs prior written authorization from The Roadery.
THE ROADERY CONTACT INFORMATION
The Roadery
P.O. Box 912
Venice, CA 90294
Phone: 1 (888) 950-4803
Fax: 1 (888) 950-4803
Email: Info@theroadery.com
TRAVEL AGENCY AGREEMEMT
Travel Agency hereby acknowledges and agrees to be bound by these rates, terms and conditions. Travel Agency further understands that it has no ownership rights to The Roadery trademark, wordmark, brand, logo and may only use this trademark with written permission by The Roadery
PURPOSE
We at The Roadery recognize the importance of protecting your personally identifiable information (such as your name, telephone number, e-mail address and other contact information etc., collectively, “PII”) that you provide to us. This Privacy Policy sets forth our policies regarding the collection, use and disclosure of your PII both through our online and offline operations. This Privacy Policy also explains how you can correct or change the PII we hold about you, or opt out of receiving certain marketing materials. The purpose of this Privacy Policy is to tell you how The Roadery strives to better serve you by keeping you informed of promotions, products and services, while, at the same time, safeguarding your PII. Our intent is to bring you offers and discounts that we believe are relevant to your interests offered by and through The Roadery and The Roadery’s affiliates and other non-affiliated companies with whom we have business relationships. This Privacy Policy is incorporated into, and part of, The Roadery’s Travel Agency Terms & Conditions, which also govern The Roadery’s web site at www.theroadery.com/travelagents (the “Site”). If you have any questions or concerns regarding this statement, you should contact The Roadery by email at info@theroadery.com
WHAT PERSONALLY IDENTIFIABLE INFORMATION THE ROADERY COLLECTS AND HOW IT IS COLLECTED
When you make a reservation we need to collect certain information about you in order to provide and improve our services. The service that you chose will determine what information we collect from you. This information may include, but not be limited to: Name, Email Address, Home and/or Business Address, Telephone Numbers at which we can contact you, Your Date of Birth, Method of Payments (credit card and expiration date), Driver’s License, and Province/Country of Issuance, Your preferences as to the type(s) of tours you participated in. We may also need certain information from you when you request any of the following services or equipment: Special Needs/Optional Equipment; and Special Offers/Discounts. How we collect this information will depend on how you use our services. We may collect this information directly from you by telephone, fax, email, in person, or through your use of our Site or the Internet. To the extent you use our Site, we may also collect information about your use of our Site, transactional and account information, e-mail and other information related to communications to our Site. We may also collect information about you indirectly through a travel wholesaler, aggregator, tour operator, travel agent, an account program in which you or your employer participates or through one of our partner programs when you deal with us through those means. Additionally, our franchisees, affiliates and third parties may provide us with information about you. You may choose not to provide some of your PII to us, but this may prevent us from providing our services to you, or limit our ability to provide you with the level of service that you would otherwise expect from us.
HOW PERSONALLY IDENTIFIABLE INFORMATION IS USED AND DISCLOSED BY THE ROADERY
a) Usage
We strive to ensure that we give you a stress-free experience and are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe you expect from us, we may use your PII for the following purposes: to provide the services and offerings that you request, and to communicate with you regarding such services and offerings; to do all things necessary to administer those services; to communicate our offerings to the public; to research, develop, manage, protect and improve our Site and services; to maintain and develop our service-oriented software and other business systems; to analyze data, or to have a third party do so on our behalf. We also use your PII information or some discrete part such as your email address for other purposes. For example, such information may be used to process and track your transactions and to send you information about our and our affiliates’ and business partners’ products and services and other information and materials that may be of interest to you. If you use our Site, information may also be used to evaluate what portions of our Site are visited more often than others, determine where visitors came from, where they go, and how long they stay on a particular page, or on our Site in general. We may match information collected from you through different means or at different times, including, for example, information collected online and offline, and use such information along with information obtained from other sources, including third parties. To do this, it is often necessary to share this information with carefully selected vendors and business partners we work with, such as companies that manage accounts, offer affinity, frequent-user, and reward programs, and companies that perform marketing services and other business operations for us. See below under Disclosing.
b) Disclosing
We may disclose your PII to affiliated and non-affiliated organizations including, for example: To your company or organization if you use our services under a corporate or other commercial account; To entities that provide services on our behalf; To your credit card issuer; To credit reporting and fraud checking agencies; To debt collection agencies, if you fail to pay monies owed to us; To government or private organizations responsible for the processing or handling of traffic or parking related violations; To driver licensing authorities, directly or through intermediary organizations, when needed to verify compliance with The Roadery’s safe driver criteria for qualified drivers and/or to verify license information; To government, regulatory and law enforcement agencies where the disclosure is required or authorized by law, and otherwise as we believe is necessary or appropriate to satisfy any law, regulation or other governmental request, to operate our Site properly, or to protect or defend our rights or the rights or well-being of our employees, users or others or if you are involved (or are suspected by governmental authorities or our security functions to be involved) in any illegal activity, even without a subpoena, warrant or court order. We may also disclose your information to our affiliates and non-affiliated business partners for their use both on our behalf and for their own business purposes. For example, our affiliates and business partners may use and may have previously used such information so as to allow said parties to send you information about their products and services and other information and materials that may be of interest to you. You may opt-out of us disclosing your PII for these purposes through one of the methods described in this policy. We may also share your information with other non-affiliated third parties, such as entities that provide services for or through our Site or for our business (e.g., advertisers, ad servers, content providers, services providers, credit card processors, fulfillment services providers, e-mail list hosting companies and distribution companies) that use such information on our behalf consistent with this Privacy Policy. These types of third parties are not permitted to use your information for any secondary purposes. We may also transfer or assign your information to third parties as a result of or in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation. For more information see our sections below on changes in the use of your PII. We may also use your PII to communicate our offerings to the public.
MOTORCYCLE RENTAL COMPANY AND ITS FRANCHISEES
Neither the Rental Company nor their Franchisees are owned or controlled by The Roadery. They also collect PII and use the PII for their own purposes. The Roadery does not control the use of this information or access to the information by the Rental Company, its Franchisees and their Associates. This privacy policy does NOT apply to any websites of Rental Company or its Franchisees. They may also use email campaigns and other methods of telephone, electronic, and direct mail solicitation without our consent or knowledge and are solely responsible for their content and methods of identifying and contacting addressees.
WEB SITE TRACKING AND THE USE OF COOKIES AND OTHER TECHNOLOGIES
If you use our Site, certain PII may be collected in the course of your use of our Site. As with many web sites, we may use both session based and persistent “cookies” and/or other technology (e.g., web bugs, e-mail bugs, clear GIFs, web beacons, tracker GIFs and “clickstream” data logs) in our Site and other web sites, or in our electronic communications with you, to enhance the functionality of our Site and services and to make your transactions and other activities more convenient and efficient. These technologies may vary, but in many cases may involve a small file stored locally on the computer used to access our Site (commonly referred to as a ‘cookie’), and may be used to store and collect information relating to your viewing and use of our Site and our correspondences with you. We may use cookies to track web site trends and patterns. This helps us understand our users needs better and improve areas of our Site. We may store information we collect through cookies to create a profile of our users. A profile is stored information we may keep on individual users that details their travel preferences, rental history and behavioral activity, and to minimize the need for you to re-enter information on our Site. Consequently, collected information maybe be tied to a user’s PII to provide offers and improve our services and content within our Site. Most cookies expire after a defined period of time, or you can delete your cookie file at any time. Most web browser software is initially set up to accept cookies. You can reset your web browser software to refuse cookies or to indicate when a cookie is being sent. We may collect your computer’s IP (Internet Protocol) address and domain name address, the identity of your Internet service or access provider, the type of web browsing software you use, your computer’s operating system, the URL of the web page from which you came to visit our Site and the language you selected for your web browsing software (collectively referred to herein as “clickstream data”). We may use these technologies, for example, to identify our users, to help diagnose problems with our server, and to administer and promote our and our affiliates’ and business partners’ web sites and services. Third parties (including, but not limited to, software vendors, advertisers, ad servers, content providers and services providers) may also use similar technologies by or through our Site or third party web sites. In connection therewith, such entities may collect information about you and your usage activity on this and other web sites. We have no responsibility with respect to what information such third parties track or collect, or for any tracking, data collection or other activities of such third parties. Please check their terms of use and privacy policies for such information. We may use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our Web site, and your interaction with our products and services. They may also use information about your visits to this and other Web sites to target advertisements for goods and services. This anonymous information may be collected through the use of a pixel tag, or similar technology which is industry standard technology used by most major web sites.
ANALYTICS
Analytics is the process of tracking Internet Protocol addresses to determine page views, search engine optimization (the process of improving rankings in search engine results) and responses to key AdWords selected by us. Like many companies, we may offer tools for user tracking on our website. As part of this process, a piece of Javascript may be rendered on every page of our website and when an end user such as yourself would load that page on their browser, you would automatically send a request to the provider of the snippet(s), which could allow said provider to identify your Internet Protocol address. We may currently use Google as such a provider, however, in the future may use additional providers. If you want to opt out of Google Analytics, please follow the procedures described at: http://www.google.com/intl/en_us/analytics/privacyoverview.html or
LINKS TO OTHER WEBSITES
Our Site may contain links or references to other web sites outside of our control, and the privacy policies of these sites may differ from our own. Please be aware that we have no control over such web sites and our privacy policy does not apply to such web sites. We advise you to check the privacy policies of such sites before disclosing any PII via such sites.
HOW WE PROTECT THE SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION
The security of your PII is an important concern to us. We exercise reasonable care in implementing standards of technology security in order to protect information collected via our Site from loss, misuse and unauthorized access, disclosure, alteration or destruction. Unfortunately, “perfect security” does not exist on the Internet, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot guarantee that any information stored on our servers, or transmitted to or from a user, will be free from unauthorized access. For example, and in particular, unencrypted e-mail is not a “secure” means of communicating with us, since e-mail may be intercepted by a third party in the course of its delivery. By using our Site and corresponding with us, you acknowledge that you understand and agree to assume these risks. In the unlikely event that we believe that the security of your PII in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
HOW TO CORRECT OR UPDATE PERSONALLY IDENTIFIABLE INFORMATION THAT THE ROADERY MAINTAINS OR OPT OUT OF RECEIVING MARKETING MATERIALS FROM THE ROADERY
You can opt-out of our use and disclosure of your PII for marketing purposes and customer satisfaction surveys, and/or withdraw your prior consent for same, by the methods provided below. If you do so, your consent will be withdrawn; however, it is possible that you may receive correspondences scheduled prior to our receipt and processing of your opt-out request. To Opt Out of Email Campaigns: You may reply to a promotional or marketing e-mail that you have received from us by following the opt out procedures described in the promotional or marketing email. To Opt Out of any other promotional mailings from The Roadery and our partners: You may write to us at: The Roadery, PO Box 912, Venice, CA 90294 . At our discretion, we may also provide additional methods for you to opt-out of having your PII used or disclosed for promotional and marketing purposes, such as by clicking on a checkbox located on the page of our site on which your PII is collected, or otherwise made available when you make reservations. Your option not to receive promotional and marketing material: (a) shall not preclude us from corresponding with you, by e-mail or otherwise, regarding your relationship with us (e.g., your account status and activity or our responses to questions or inquiries you pose to us, or confirmations for existing reservations); (b) shall not preclude us, including our employees, owners contractors, agents and other representatives, from accessing and viewing your PII for our internal business purposes; and (c) shall not preclude us from disclosing your PII as described in this Privacy Policy for purposes other than sending you promotional and marketing materials. If you wish to contact us to: (1) inquire about our privacy practices; (2) provide feedback and comments regarding our privacy practices; or (3) access or correct your PII we have, contact us as using the contact information detailed above.
APPLICABLE LAW AND JURISDICTION
This Privacy Policy shall be governed by the laws of the United State and the State of California, without regard to conflict of law principals. By providing any PII to us, you fully understand and unambiguously consent to the transfer of such PII to, and the collection and processing of such PII in, the United States and other countries or territories. You agree that any cause of action that may arise under this Privacy Policy shall be commenced and be heard in the appropriate court in the State of California, County of Los Angeles. You agree to submit to the personal and exclusive jurisdiction of the federal or state courts located within Los Angeles County in the State of California.
CHANGES TO THIS PRIVACY POLICY
We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.
YOUR ACCEPTANCE OF THIS PRIVACY POLICY
By using our Site, or otherwise providing your PII to us, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Site or provide any PII to us. We encourage you to periodically review this Privacy Policy in order to keep apprised of minor changes and of our current privacy practices.