VINTAGE RIDES PVT. LTD.

TERMS AND CONDITIONS OF THE MOTORCYCLE TOUR

General Terms & Conditions:

The terms and conditions mentioned hereunder shall govern the relationship between a customer (any person who has paid or agreed to pay an amount as required hereunder, for any of the motorcycle tour packages offered by VINTAGE RIDES) and Vintage Rides Private Limited, a company incorporated and registered under the Companies Act, 1956, having its office at C 37 Connaught Place – 110001 New Delhi, India (hereinafter referred to as “VINTAGE RIDES”). By booking/ purchasing a motorcycle tour, the customer accepts these terms and conditions and also undertakes to be bound by these terms and conditions mentioned hereunder. These terms and conditions outline, among other things, our cancellation policy and certain limitations of liability.

ARTICLE 2 – PRICE OF THE TOUR, BOOKING & PAYMENTS

The offer price and other details and information pertaining to the tour package presented on the website of VINTAGE RIDES, i.e. www.vintagerides.com, are subject to change from time to time and subject to acceptance by the customer of the Terms and Conditions mentioned herein and compliance with the same. The price is the one proposed to the customer when he/she reserved his/her tour. However, Vintage Rides has the explicit right, to make changes in the price of the tour before the booking is done. However, the customer will be informed of any such change in writing, before making the final booking. At any moment, and as long as a deposit has not been paid on an offer, VINTAGE RIDES reserves the right to modify its prices based on the prevailing economic situation and other factors in the tour location. However, in case the customer changes his/her booking to a different tour package and if there is any change in price of the tour to which the customer has switched to, since the time of your original reservation, the new tour price will apply to the new booking

The total price is in the offer described in the online document and not the document sent by mail on the day that the order is placed and which constitutes an integral part of the present terms and conditions and shall be deemed to be incorporated herein by reference.

Customers are also requested to note that the price is exclusive of applicable service tax, value added tax, sales tax and other applicable taxes in India which shall be paid by the customer in addition to the price paid for each tour. [RDA Note: This clause to be deleted if the price is inclusive of all taxes]

Once a customer has placed an order, the VINTAGE RIDES will send a confirmation email. In the confirmation email from VINTAGE RIDES, the amount of the deposit which has to be made for booking a tour, as well as the balance due for the tour are communicated to the customer.

To confirm an order, a deposit must be paid by international bank wire or through online payment via a bank card, to the account of VINTAGE RIDES within eight (8) days of placing the order. This deposit is required to establish and hold a booking of tour package. If the deposit is not paid within eight days following placement of the order, the order will be cancelled. The balance amount must be paid by atleast one day before the date of the tour. If the balance amount is not paid by this latest date, VINTAGE RIDES reserves its right to cancel the booking and forefeit the deposit to cover its costs, which does not preclude the possibility of seeking additional damages if necessary.

After receipt of the deposit, paid according to the conditions detailed hereafter, the price is considered as definitive, subject to variations in exchange rates, within the limits indicated below. The customers are requested to take in to account the nature of the motorcycle tour. VINTAGE RIDES cannot reserve and make available a motorcycle until the customer has made payments of the deposit and the balance amount and has delivered a signed copy of these Terms and Conditions to VINTAGE RIDES. If the fluctuation in exchange rates affects the price of the tour by more than 5%, this incident would be totally transferred to the customer. This variation is only taken into account for services which are billed to VINTAGE RIDES in foreign currency.

ARTICLE 3 – DEPOSIT AT THE TIME OF TAKING POSSESSION OF MOTORCYCLE

A customer has to make a minimum deposit of € 400 (Four Hundred Euro only) at the time of taking possession of the motorcycle prior to the tour. This minimum deposit shall be refunded to the customer upon his departure after the tour, after deducting any amount necessary for repairs or damage caused by the customer to the motorcycle. However, if the cost of repairs is greater than this minimum, VINTAGE RIDES reserves the right to demand reimbursement, through amicable or legal means. Further, in the event of any liability, loss or expenses are incurred by VINTAGE RIDES its officers, directors, agents, attorneys, employees, affiliates and service providers or claimed against VINTAGE RIDES, its officers, directors, agents, attorneys, employees, affiliates and service providers as a result of breach of any applicable law by the customer, breach of any of these terms, conditions, undertakings, declarations, representation or warranties contained herein, or for the rash, negligent or illegal acts of the customer while on the motorcycle tour, the same shall also be deducted from the deposit by Vintage Rides. Nothing in this clause shall prevent Vintage Rides from claiming additional compensation in the event the loss, liability or expenses referred to above exceed the amount of the deposit made by the customer.

ARTICLE 4 – CANCELLATION & REFUNDS

4.1 CANCELLATION OF TOUR AT THE INSTANCE OF VINTAGE RIDES

In all such cases where a customer who has booked a tour wants to cancel the tour, VINTAGE RIDES has adopted a uniform cancellation scheme, set out below.

ARTICLE 5 – EXCEPTIONAL MODIFICATION OF THE TOUR

VINTAGE RIDES understands that due to the unpredictable nature of these motorcycle tours, at times it might become necessary for both VINTAGE RIDES and the customer to make certain changes to the schedule and itinerary of the tour. Therefore, VINTAGE RIDES has adopted the following uniform policy for such modifications of the tour

5.1  Modifications at the initiative of VINTAGE RIDES

5.2   Modifications at the initiative of the customer

Modifications to the offer with respect to a tour package, which was accepted by a customer are possible up to 30 (thirty) days before the departure, without charges.  However, a surcharge or additional charges could apply depending on hotel availability and on the VINTAGE RIDES reservations made with hotels, carriers or any service providers with whom VINTAGE RIDES could no longer cancel without fees.

Tours that are shortened or interrupted, as well as services not used by the customer at his initiative, will not be reimbursed. Modification of services for personal convenience will result in additional charges, if necessary, and will be the exclusive responsibility of the customer.

ARTICLE 6 – OBLIGATIONS OF VINTAGE RIDES

In relation to the Services provided by VINTAGE RIDES –

VINTAGE RIDES agrees to provide a tour organized according to the conditions specified in the offer, for which receipt of the deposit corresponds to the customer’s acceptance. This tour is described in the document sent on the day that the order is placed and said document constitutes an integral part of the present terms and conditions and shall be deemed to be incorporated herein by reference.

The price of the tour includes the following services regardless of the type of tour package opted for:

• Making available a motorcycle that is in proper working condition and has no patent defects,

• Tour operator,

• Support vehicle,
• Reserving lodging. However, lodging does not necessarily imply a hotel establishment and can, under certain conditions, be lodging in a tent, depending upon the type of tour and the tour location.

However, the price of the tour does not include the following services:

• Passport and visa expenses;
• The cost of international travel (transport, accommodation, taxes etc.);

• The costs of vaccinations and/or medical treatment;

• Insurance for “repatriation” and “civil liability”;

• Legal or medical assistance;

• Beverages and personal expenses;

• Entrance fees to temples, monuments, museums or any other tourist attractions;

• The deposit which must be paid for use of the motorcycle;

• The availability of funds in case of difficulties.

ARTICLE 7 – AGE/CHILD POLICY

VINTAGE RIDES offers motorcycle tours which are not at all times suited to people of all age groups. Minors are accepted if they are accompanied by an adult, who will assume responsibility throughout the tour for any injury or damage caused as well as for safety. However, VINTAGE RIDES reserves the right to refuse minors and elderly persons, depending on their age and physical condition, if it appears that their safety could not be assured. In any event, acceptance of a minor can not, under any circumstances, be interpreted as recognition on the part of VINTAGE RIDES of liability in case of an accident

ARTICLE 8 – LIABILITY OF THE CUSTOMER

(i)      Customer undertakes and certifies that he has communicated exact information to VINTAGE RIDES concerning his age, marital status, domicile or place of residence.
(ii)     He has in his possession a valid motorcycle permit/license, international or that of the country where the tour is being organized and has held the same for at least 3 – 5 years, as applicable to the specific tour (please check our website for the minimum driving experience required for each of our tours). Customer represents and warrants that the photocopy of the driving license provided is true and accurate and conforms to the original license in the customer’s possession. The customer also represents and warrants that the driving license is authentic and valid.
(iii)    The Customer has experience in operating a motorcycle of similar size and make as the one which is being used for the tour. That he is in sound medical condition to operate the motorcycle. Customer represents and warrants that the medical certificate provided by the Customer is that of registered medical practitioner authorised to practice medicine in the country of his practice and is true and accurate.
(iv)    The Customer declares and undertakes that he has read the description of the tour and the tour location provided by Vintage Rides and understands and appreciates the risks associated with the tour to be undertaken by him and that he is competent to undertake such tour. Each customer is fully responsable for his driving. The customer further agrees that he /she is fully responsible for his/her actions and results therefrom while participating in the tour and any related activities. The customer hereby agrees that he/she is physically and medically able to perform such activity and hereby assumes all risk and liability associated therewith.

(v)     The Customer declares that he already has or shall prior to embarking on the tour, familiarise and acquaint himself with all applicable laws, traffic rules and safety regulations applicable to driving of motor vehicles in the country where the tour is being organised and agrees to comply with all such applicable laws, rules and regulations.

(vi)    The Customer declares that he shall abide by all lawful instructions given by the tour operator/tour guide in conducting the tour safely. The Customer further agrees to abide by all lawful directions issued by a traffic police officer or other authorities and shall duly furnish all information and documents requested by them.

(vii)   The Customer shall take proper care of the motorcycle and shall not through his act or omission damage the same. The Customer shall immediately on discovering any defect or fault in his motor cycle during the tour, stop driving the same and inform the tour operator/tour guide of such defect and the tour guide/tour operator shall make necessary arrangements.

(viii)  The Customer shall not act in a rash or negligent manner so as to violate safety norms or endanger the person and property of other tourists in the group or of third parties. Particularly, but without limitation, the Customer shall at all times wear a proper headgear and other protective accessories and shall not at any time engage in races or trials of speed.

(ix)    The Customer shall not operate his motorcycle under the influence of alcohol, drugs, narcotics, psychotropic substances or any other intoxicating substance. VINTAGE RIDES has no tolerance for use of drugs or alcohol during the tour.

(x)     In case of any accident involving the Customer or involving other fellow tourists in the group, the Customer shall provide all necessary assistance and provide his full cooperation to the tour operator to resolve the situation and minimise risk of injury, medical emergency, fatality or loss to property.

The customer shall not be allowed to ride a motorcycle in the event he breaches any of the terms, conditions, representations and warranties contained herein including, without limitation, In the event a customer does not abide by traffic rules, fails to display safe group travel practices as described by the tour leader or fails to observe any other guidelines provided by VINTAGE RIDES, operates a motorcycle under the influence of drugs or alcohol or where the customer is disruptive or demonstrates unsafe behaviour to self or other customers, or where the customer is arrested or booked for a criminal offence during the course of tour by the authorities. In the event of the customer’s tour being cancelled due to any of the reasons mentioned above the customer shall be responsable for all the transportation, accomodation and any other cost incurred  as a result of their dismissal.

The Customer will indemnify and hold harmless VINTAGE RIDES, its officers, directors, agents, attorneys, employees, affiliates and service providers from and against any and all losses, damages, claims, fines, fees, penalties, interest obligations, deficiencies, and expenses (including amounts paid in settlement, interest, court costs, reasonable out-of-pocket fees and expenses of investigators, attorneys, accountants, financial advisors and other experts, and other out-of-pocket expenses of litigation, whether or not such litigation is resolved against VINTAGE RIDES its officers, directors, agents, attorneys, employees, affiliates and service providers) directly or indirectly arising from, or connected to the following:

Any misrepresentation or breach or inaccuracy of or default in connection with any of the representations, warranties, covenants and agreements given or made by the Customer herein;

any claim by a third party, which if true, would constitute a misrepresentation or breach or inaccuracy of or default in connection with any of the representations, warranties, covenants and agreements given or made by the Customer herein, the Information or any certificate delivered pursuant hereto,

Any injury, death or loss to property caused in an accident or incident involving the customer and the motorcycle or his passenger (if any), whether such injury, death or loss to property is caused to the customer, his passenger, fellow tourists in the group or to third parties.

ARTICLE 9 – VISA AND VACCINATIONS

VINTAGE RIDES does not provide any services related to obtaining the necessary visas and/or vaccinations to enter the territory where the tour is taking place.

As a result, the customer is responsible for obtaining all the necessary information regarding the timeframes for receiving visas or vaccinations, whether they are recommended or required.

These timeframes will not be taken into account in case of tour cancellation.

VINTAGE RIDES does not provide any services relating to travel by air, sea or other forms of transportation, as may be required for travel between the customer’s home and the location of the tour.

The liability of VINTAGE RIDES can not be engaged based on the services provided by carriers, regardless of who they are.

No delays in international transportation will be taken into account. A customer who arrives late for his tour must make the necessary arrangements to join his group.

ARTICLE 11:  LIMITATION OF LIABILITY

11.1  The responsibility of VINTAGE RIDES, its officers, directors, agents, attorneys, employees, affiliates and service providers is strictly limited. As a tour operator, VINTAGE RIDES organizes, promotes and sells tour packages consisting of certain travel services, and lodging accommodations, that VINTAGE RIDES purchases or reserves from various suppliers. VINTAGE RIDES does not own or operate any of these suppliers. The suppliers providing travel services for VINTAGE RIDES tour programs are independent contractors, and are not agents or employees of VINTAGE RIDES. As such, VINTAGE RIDES is not responsible for direct, indirect, consequential, or incidental damage, injury, loss, accident, delay, or irregularity of any kind occasioned by reason of any act or omission beyond its control, including, without limitation, any negligent or willful act or failure to act of, or breach of contract by, any supplier or any other third party.

By utilizing the services of the suppliers, the customer agrees that he will look only to such suppliers in respect of any accident, injury, property damage, or personal loss to him or to those traveling with the customer, and that neither VINTAGE RIDES nor any representative of VINTAGE RIDES shall be liable.

Without limiting the foregoing, VINTAGE RIDES is not responsible for any losses or expenses due to delays or changes in schedules, overbooking or downgrading of accommodations, defaults by any third parties, including suppliers, mechanical or other failure of transportation, or the failure of any transportation mechanism to arrive or depart on time.

Nor is VINTAGE RIDES responsible for acts of God or force majeure events, weather conditions, strikes and other labour activities, acts of terrorism, acts of war (declared or undeclared), quarantines, embargos, blockades, criminal activities or any other act or event beyond the direct control of VINTAGE RIDES.  

Moreover, VINTAGE RIDES assumes no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements.

VINTAGE RIDES reserves the right to change the itinerary of the tour without prior notice. If the tour is cancelled by VINTAGE RIDES for any reason, VINTAGE RIDES shall have no liability beyond the prompt refund according to the refund rules mentioned above.

In any case, the liability of VINTAGE RIDES will not be engaged in the event of an accident during the tour. VINTAGE RIDES assumes no responsibility for motorcycles damaged or people injured by the participant. The customer hereby agrees to indemnify and hold VINTAGE RIDES, its officers, directors, agents, attorneys, employees, affiliates and service providers from any loss, cost, suit or damage caused to people and/or property either voluntarily or involuntarily by the customer.  

All decisions involving guides, personnel related to safety and to the proper delivery of the services, will have to be respected in all circumstances. If a decision is refused, the customer can be excluded from the group.

VINTAGE RIDES can not under any circumstances be held responsible for the non-respect by one of its participants of the laws and regulations in effect in the territory where the tour is taking place. The customer is responsible for obtaining additional information if he has questions.

The liability of VINTAGE RIDES will not be engaged for any optional activities reserved directly at a location and not paid through VINTAGE RIDES.

11.2    Liability of VINTAGE RIDES IN CASE OF "Custom" packages

“Custom” packages are packages for which customers choose to constitute their own travel group and choose their own travel circuit.   

It is the responsibility of the customer to verify the degree of danger associated with his travel circuit with the competent authorities. VINTAGE RIDES only accepts the obligation to make reservations with the local service providers of lodging and guides.

In providing services for the customer, VINTAGE RIDES in no way guarantees the absence of risk during such a tour, whether this relates to either safety or the feasibility of travel by motorcycle.

The liability of VINTAGE RIDES can under no circumstances be sought on this basis, whether in the case of an accident or an incident of any other kind occurring during the tour.

ARTICLE 12 – COMPLAINTS

Complaints regarding the execution of the obligations of VINTAGE RIDES must be sent within twenty-one (21) days of the end of the tour, with the date posted serving as proof. Beyond this period, it is assumed that the customer is satisfied with all of the services and no complaints will be received

ARTICLE 13 – NON-TRANSFERABILITY OF THE CONTRACT

Under no circumstances can the rights and obligations under the contract between VINTAGE RIDES and the customer be transferred to a third party or offered in substitution to a third party

ARTICLE 14 – INFORMATION AND FREEDOM

VINTAGE RIDES hereby informs the customer that his personal information can be communicated to the affiliates, employees or service providers of VINTAGE RIDES. In any case, the customer has the right to access, modify and remove the personal information taken when placing his order

ARTICLE 15 – RAPATRIATION – LEGAL AND MEDICAL ASSISTANCE

VINTAGE RIDES does not provide any services related to repatriation, legal or medical assistance within the framework of the contractual relationship.

The customer must obtain insurance for:

• Repatriation in case of accident or death;

• Expenses related to any necessary medical care;

• Expenses related to any necessary legal services;

• His personal statutory or civil liability for any damage that he could cause;

ARTICLE 16 – INDEPENDENCE -BETWEEN THE PARTIES

Each of the parties is independent and responsible for his own obligations with third parties. No solidarity is established between the Parties by the present terms and conditions with respect to third parties.

ARTICLE 17 - EFFECTIVE DATE

Unless otherwise stated, the contract between the customer and VINTAGE RIDES will take effect as of the date of receipt of the requested payment amount by bank wire or by bank card online on the day that the order is placed.

ARTICLE 18 - APPLICABLE LAW

These Terms and Conditions are governed by and shall be construed in accordance with the laws of India and any remedy for breach of this Agreement, shall be in accordance with the Laws of India.

Each of the Parties agree that the courts and tribunals in New Delhi shall have exclusive jurisdiction to settle any dispute/s which may arise out of or in connection with these terms and conditions and that accordingly any suit, action or proceedings (together referred to as “Proceedings”) arising out of or in connection with these Terms and Conditions may be brought in such courts or the tribunals and the Parties irrevocably submit to and accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of those courts or tribunals.

ARTICLE 19 - PARTIAL INVALIDITY

If, at any time, any provision of these terms and conditions becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining terms and conditions provisions nor the legality, validity or enforceability of such terms under the law of any other jurisdiction will in any way be affected or impaired.

ARTICLE 20 - ASSUMPTION OF RISKS

A customer is fully aware of the risk and potential hazards associated with motorcycle riding including but not limited to physical or mental injury, emotional distress, trauma, illess, death, contact with other participants, motorcycle failure, equipment failure, extreme temperature or weather conditions, collisions with other motorists or fixed objects and/or any other event. Further the customer fully and freely accepts and assumes all risks associated with the aforementioned motorcycle tour before, during or after the tour.  The customer hereby waives any or all specific notice of the existence of risks and hereby assumes liability and agrees to pay any medical or emergency expense in the event of injury, illness or incapacity regardless of whether authorised by the customer or not.
Please indicate the acceptance of these Terms and Conditions by signing at the place indicated herein below:

I hereby declare that I have read and understood the above Terms and Conditions and accept to be bound by and abide with the same. I declare that the personal information provided, photocopy of the driving license provided and the medical certificate provided is true, valid and accurate.

Contact Us:
Vintage Rides PVT Ldt
C-66 Okhla phase 1, New Delhi 110020
Tel : +91 11 46077800
Fax : +91 11 46077899
Email : contact@vintagerides.com
Web: http://www.vintagerides.com