TERMS & CONDITIONS
Before using our services (“Services”) you are requested to please ensure that you carefully read and understand the following terms and conditions which shall apply. You are advised to check the website for the latest version of the terms and conditions prior to booking your vacation.
The terms ‘Extreme Bike Tours’, ‘us’ or ‘we’ refers to the owner(s) of Extreme Bike Tours website (“Website”) and the provider of the Services. The terms ‘you’ or ‘Client’ refers to the user of our Services or viewer of the Website. The term ‘tour’ is the tour you have chosen from the Website. Your use of our Services as well as use of the Website is expressly conditional on your acceptance of the following terms and conditions (“Terms and Conditions”) and will form the agreement between Extreme Bike Tours and you.
Once you have paid a deposit to Extreme Bike Tours, you then accept the Extreme Bike Tours Terms and Conditions as below. Having accepted the Terms and Conditions thus, you are unconditionally agreeing and consenting to be bound by these Terms and Conditions both in a personal capacity and where relevant, on behalf of any organisation you represent or by which you are employed.
The Terms and Conditions are listed below for your reference:
This page sets forth the Terms and Conditions under which (i) Extreme Bike Tours provides the information on this Website, as well as the Terms and Conditions governing your use of this Website and (ii) the Terms and Conditions for use of our Services. The use of the Services provided by the Extreme Bike Tours as well as use of this Website constitutes a contractual arrangement between you and the Extreme Bike Tours, and represents your acceptance of the Extreme Bike Tours Terms and Conditions set out herein.
The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Any unauthorised use of this Website may give rise to a claim for damages and/ or be a criminal offence.
The service statements on this Website are for general description purposes only. The information contained in this Website should not be viewed as an offer to sell or as a solicitation to purchase any of our Services. Furthermore, not all services are available in every state or country.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The Website may contain links to interactive sites provided by Extreme Bike Tours. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
You agree that you shall not:
(i) access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Extreme Bike Tours; or
(ii) violate the restrictions in any robot exclusion headers on this or bypass or circumvent other measures employed to prevent or limit access to this; or
(iii) take any action that imposes, or may impose, in the discretion of the Extreme Bike Tours, an unreasonable or disproportionately large load on the Extreme Bike Tours infrastructure; or
(iv) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of the Extreme Bike Tours.
Participation in the tour is entirely at your own risk. You are responsible for your hired motorcycle. You are also responsible at all times for any pillion travelling with you, if applicable. Any accident, bodily injury, illness or death to rider or pillion during your tour is not the responsibility of Extreme Bike Tours. We expect a level of competency and an ability to fully control your motorcycle at all times. You must have at least 1 (one) year of experience in riding motorcycles. You and/or your pillion rider should not expect to learn to ride a motorcycle while on tour with Extreme Bike Tours.
You are expected to ride in a courteous and safe manner in respect to your fellow riders and other road users. You are expected to show reasonable care in the maintenance and driving of the motorcycle issued to you.
When booking a tour we assume that you (and pillion if applicable) have carefully read the tour itinerary and are fully aware of the route, destinations and the approximate mileages for each day and have made the judgment that it is an appropriate tour for you to undertake. You must be a competent rider with the hire bikes.
You are responsible for looking after your personal belongings whilst travelling. Extreme Bike Tours shall not be held responsible for any personal belongings left behind on any tour irrespective of the circumstances.
You agree to get a medical check-up from your General Medical Practitioner before coming on tour and be aware of relevant information on travel and also about acute mountain sickness if you are coming to the Himalayas. You must carry a Medical Certificate or letter from your doctor certifying your physical fitness to undertake the tour. You must report any physical or health condition or disability requiring special attention to the Extreme Bike Tours at the time the reservation is made. The Extreme Bike Tours will make reasonable attempts to accommodate the special needs of travellers, but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by other independent suppliers or service providers. Smoking is not allowed on transportation that is exclusively provided by the Extreme Bike Tours whilst on a tour in any part of the world. You agree to maintain all applicable smoking regulations in public places during the tour.
Extreme Bike Tours will try it’s best to give you the services mentioned for the tour, in terms of restaurants, hotels and other food and accommodation establishments. However, as we do not own these establishments, we would not be responsible if the service is not up to the mark.
You are responsible to follow the local laws and the local road traffic regulations. You are expected to understand and fully accept the risk and responsibility for keeping your motorcycle under control and for selecting an appropriate speed whilst riding on tour.
You agree to comply with the authority and decisions of the appointed tour manager or representative and abide by the laws of the country and/ or state in which the tour is conducted. There may be times when the tour manager or representative have to make a decision in your best interests or the best interests of the tour group. For the benefit of all participants, the Extreme Bike Tours reserves the right to discontinue the participation of any traveler whose conduct is deemed incompatible with the interests of the other participants. In such events, you will be responsible for your own repatriation and related costs and have no claims against us.
You agree that your luggage must not contain weapons or ammunition, fireworks, illegal drugs, meat, fragile items, pornography or other items prohibited by local law or custom.
To participate in this tour you must be aware that riding can be dangerous. You must be a responsible and courteous to other riders and traffic on the roads. Your safety is of paramount importance to us. If at any time, prior to or during the tour, we decide that it is not safe for you to ride or continue riding on your bike, then you will be removed from your bike and you will have to finish the tour in the support vehicle. No refund will be given in such circumstances. Riding can be dangerous and the ever-changing weather in certain places can be hazardous if ill-equipped.
Extreme Bike Tours prohibits consumption of alcohol or illegal drugs during any ride day. Anyone found to have consumed alcohol or illegal drugs prior to or during any day’s ride may be prohibited from riding for the remainder of the tour. Extreme Bike Tours reserves the right to decline, accept or retain any tour participant at any time.
By agreeing to these Terms & Conditions, you accept full responsibility for your own safety and wellbeing and that of your pillion (if applicable) and will not hold Extreme Bike Tours or any of its representatives, agents or employees responsible for any loss, damage or injury caused.
Photographs, pictures, videos, audios or any promotional material appearing on our Website, brochures, advertising and/or publicity materials are used to display the excitement and experience of participants on tour.
While on a tour, our tour managers, representatives, agents, employees, other external film, documentary or television crew/s, crews of other websites, communication or broadcast channels or any other medium for dissemination of information, members of the press, media, production houses, network and/or any other person/s duly authorised by Extreme Bike Tours may take photographs and/or pictures, film videos or record audios of participants of the tour or other aspects of the tour for promotional, publicity or informational purposes using various photography, lighting, filming, recording, sound and/or other production equipment, apparatus, kits or accessories. These photographs, pictures, videos, audio and/or other promotional material may be used on the Website, other websites media or broadcast channels, or in books, magazines, brochures, articles, newspapers, periodicals, on television, in documentaries and/or films or in advertising and/or any publicity material or mediums whatsoever of the Extreme Bike Tours and / or by any such organisations and / or person/s duly authorised by Extreme Bike Tours.
You expressly waive the condition of obtaining your prior consent and / or asking for payment/ remuneration in respect of such photographs, pictures, films, documentaries, videos, audios and/or other promotional, publicity and informational material/s.
3.3 LICENSE, IDENTIFICATION AND TRAVEL DOCUMENTS:
You are responsible for verifying the dates mentioned on the travel documents and for obtaining and payment of all visas and entry documents prior to travel, and for meeting all health and other requirements and any documents required by laws, regulations, orders, and/or requirements of the country in which the tour is conducted. Photo identification and age verification is required for all trips. You must be 21 (Twenty One) years of age or over to participate in the tour. If you are denied entry into any country that is a part of the tour for any reason whatsoever, then Extreme Bike Tours will not be liable to refund the amounts paid by the Client with respect to the tour.
It is mandatory for you to possess a valid motorcycle license and a valid International driving license and/or any other legal documentation that is required under local or international laws to participate in the tour.
It is mandatory to have a comprehensive insurance policy cover for your tour. The following should be covered by your insurance policy travel, trip cancellation, medical expenses, personal accident and repatriation cover, general liability and damage or loss of luggage, money and public liability before registering for the tour. Motorcycle damage is included in your cost up to 500 USD (United States Dollars Five Hundred). This amount is generally enough cover for most drops and skids. However, in case of any damages to the motorcycle or any parts thereof exceeding the amount of 500 USD (United States Dollars Five Hundred), you agree to compensate Extreme Bike Tours for the repair and replacement of the parts damaged.
The Extreme Bike Tours reserves the right to accept bookings for tours if you do not have an adequate insurance policy. You expressly agree to indemnify the Extreme Bike Tours against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the tour.
You are required to bring your insurance policy cover with you on tour. It is advisable to print photocopies of it and keep it in a safe place.
3.5 ITINERARY CHANGES:
(i) The Extreme Bike Tours reserves the right (at its sole discretion) to alter, change, curtail or cancel an itinerary and/or tour.
(ii) If as a consequence of “Force Majeure” (Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, destruction or damage to accommodation, craft or vehicle to be used in connection with a tour, riots, acts of civil war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a tour, or any other reason beyond the control of the Extreme Bike Tours), the Extreme Bike Tours is obliged or deems it reasonably practicable to curtail, alter, extend or cancel a tour, the Client shall not be at liberty to maintain a claim for compensation or otherwise for any loss, damage or injury arising as a consequence of the said curtailment, alteration, extension or cancellation of the tour.
(iii) The Extreme Bike Tours needs a minimum of 4 (four) bookings required for a programme of tours and the Extreme Bike Tours’s obligation to provide that programme shall be contingent upon the Extreme Bike Tours receiving and maintaining that minimum number of bookings. In the event that the Extreme Bike Tours does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by Clients or otherwise, the Extreme Bike Tours shall be entitled to cancel, change, alter or curtail the relevant programme at any time up to 4 (four) weeks prior to the departure date with a full refund of the amount paid back to the Client and the Client shall not be entitled to make any further claim for loss, damage or injury arising as a consequence of cancellation, change, alteration or curtailment in these circumstances. The Extreme Bike Tours shall notify the Client within 7 (seven) days of any cancellation, change, alteration or curtailment necessitated by the foregoing circumstances.
(iv) If at any time during the four weeks immediately preceding the date of departure due to any reason other than occurrence of a force majeure event, there is a cancellation, alteration, change or curtailment relating to a holiday which results in more than 18 (eighteen) hours change in the time of departure, or a change in the accommodation offered, or some other material change which significantly alters the tour, the Extreme Bike Tours shall, if practicable, offer an alternative similar tour or shall within 45 (forty five) days of such cancellation refund the Client all monies paid. Unless within four days of issue of the offer of an alternative tour, it is expressly declined by the Client in writing, the Extreme Bike Tours shall assume that the Client has accepted such offer. Where the offer is expressly declined in writing by the Client after 4 (four) days of issue of the offer of an alternative tour, the Client shall only be entitled to refund of 50 % (Fifty Percent) of the payment made. You acknowledge and expressly agree that, in any event, the extent of the liability of Extreme Bike Tours shall be limited to the actual monies paid by you to Extreme Bike Tours.
(v) During local or national holidays or special events and religious occasions, certain facilities may be limited or not available. Alternatives may be offered whenever possible.
(vi) Extreme Bike Tours reserves the right to change tour routes and thus, changes in overnight accommodation venues, travel, food and/or other related services as necessary because of seasonal circumstances and extreme weather conditions in certain areas during the tour such as for e.g. the Himalayas. In such circumstances, Extreme Bike Tours will endeavour not to change the character of the tour and to provide similar services. Extreme Bike Tours endeavours to arrange tour dates in such a way that the weather conditions for a vehicle tour in the relevant touring terrain are favourable. However, Extreme Bike Tours does not assume any responsibility for poor weather conditions that may occur and in this respect the Client has no claim of any kind whatsoever for reimbursement of the tour price or any other amounts. In cases of changes in the planned itinerary of a tour of the Himalayas due to adverse weather conditions, the tour may need to be redirected to other areas of the Himalayas.
3.6 BOOKING CHARGES, CANCELLATIONS AND REFUND:
All tour prices are based on rates (including foreign exchange rates) known at the time of uploading on this Website or printing and expected to be in effect at the time of commencement of the tour. Prices are however, subject to increase without notice if such rates change prior to commencement of tour. The current price will be confirmed at the time of reservation. Extreme Bike Tours reserves the right to change fees, charges and surcharges or to institute new fees, charges and surcharges at any time, for any reason, at its sole discretion.
Booking receipts and other documents won’t be forwarded until full payment has been received by us in accordance with sub-clause 36(i) herein below. By making the payment to confirm your reservation and / or by making full payment confirming the booking of the tour, you shall be presumed to have accepted and agreed to the Terms and Conditions outlined herein by the Extreme Bike Tours which are subject to amendments without prior notice.
If you fail to arrive at the specified time and date of the tour, then Extreme Bike Tours shall not be liable to refund the amounts paid by you and/or for a repeat tour. In case you fail to complete the tour or leave before the completion of the tour for any reason, you will be liable to make your own arrangements with respect to transportation, lodging, food and motorcycle return, etc., at your own expense, unless prior arrangements have been made with Extreme Bike Tours. You shall not be entitled to claim any refund in respect of non-utilisation of any part of the travel arrangements made by Extreme Bike Tours.
(i) BOOKINGS AND PAYMENT:
Bookings must be confirmed minimum of 2 (two) months prior to the commencement of the tour. Bookings after this cannot be guaranteed. To confirm your reservation, a non-refundable deposit of 30% (thirty percent) (“Deposit”) must be made to secure the booking and the remaining 70% (seventy percent) (“Balance Payment”) must be paid no later than 2 (two) months prior to the commencement of your chosen tour.
All account information will be sent to you at time of booking, with the invoice, in order to make the necessary bank transfer to the Extreme Bike Tours bank account. Once the booking has been confirmed by Extreme Bike Tours, the non-refundable deposit is accepted as a first instalment of your tour price by The Extreme Bike Tours.
(ii) REVISION FEES:
If after your booking has been confirmed, you wish to change to an alternate departure date or you wish to change to a different holiday, you may do so subject to availability of bookings and itinerary of new tours available on the Extreme Bike Tours’ brochures and updated on the Website.
A revision fee of US$ 250 (United States Dollars Two Hundred and Fifty) will be charged for any revision or alteration made to a reservation after the booking is confirmed, in addition to the increased value of the booking, if any. A change of tour date, tour itinerary or resort booking within forty five (45) days of departure will be treated as a cancellation and normal cancellation fees will apply, except when the change is to an earlier commencement date of equivalent or greater value, in which case an amendment fee of US$ 250 (United States Dollars Two Hundred and Fifty) will be charged.
(iii) CANCELLATION FOR NON-PAYMENT:
If the tour is not paid in full for by the due date, the Extreme Bike Tours shall have the right to cancel the booking. If the Extreme Bike Tours, at the request of the Client, agrees to delay cancellation of the booking and, if the Extreme Bike Tours subsequently cancels for non-payment, the cancellation charges as set out below shall apply and be payable by the Client.
(iv) CANCELLATION BY THE CLIENT:
Your Deposit is non-refundable. Any cancellation of the holiday must be notified by the Client in writing to the Extreme Bike Tours and made no later than 2 (two) months prior to the commencement of the chosen tour. In case of cancellations made in writing no later than 2 (two) months prior to the commencement of your chosen tour, the entire Balance Payment or the part of it paid for by you, as the case may be, shall be refunded to you within a period of 45 (Forty Five) days (see sub-clause 3.6 (i) above).
Any cancellations made later than 2 (two) months prior to the commencement of your chosen tour shall not be refunded. If for any reason that you cannot complete the tour once started, then no money will be refunded.
The Extreme Bike Tours reserves the right to determine the amount of refund value in case of cancellation and amendments. The refund will be made in the name of the Client. In case you have booked through a travel agent or a franchisee, we will make the refund in the Client’s name. It will take at least forty five (45) days to process refunds for all services. There will be no refund for unutilized services unless specified.
- PACKAGES AND SUPPLIES:
The road condition and temperature changes between the plains and the hill stations and the high altitude driving can all lead to problems if ill-equipped.
The Extreme Bike Tours will make it as easy as possible for you. Our local team fits all our bikes with everything that you possibly need for this adventure of a lifetime and are maintained to the highest standards. We carry all the relevant spares and equipment that you will need in our support vehicles, and our camping setup is done to maximise your comfort and safety from the weather conditions.
What We supply as part of your Package:
- 500cc Royal Enfield
- Spare parts for the motorbikes
- Tour guide
- First Aid Equipment
- Breakfast, lunch and dinner
- Drinking water
- Internal Flights
- Himalayan Tours
- Oxygen in the unlikely event of serious altitude sickness (see FAQs on the Website)
What YOU will need to bring along for your tour:
Himalaya Tours Only
- Good quality crash helmet
- High Factor Sun Cream (SPF 30+ minimum strength)
- Lip Balm
- Waterproof Motorbike boots, shin and ankle protection
- Protective trousers
- Protective gloves
- Windproof and waterproof trousers and jacket
- Scarf or bandana to keep dust out of your nose and mouth
- Warm Fleece
- - 10 Degrees Celsius sleeping bag
- Lots of thin layers
- Warm hat
- 6 (six) passport size photographs
In the Himalayas, the weather can change at any time. During daylight hours, the temperature can be as high as 30 (thirty) degrees Celsius. But at night the temperature can be around 0 (zero) degrees Celsius and can even dip down to -5 (minus five) degrees Celsius. Thus, it is important to bring several layers of cover rather than one big warm fleece.
Helmets and safety gear must be worn at all times during the tour by each rider, regardless of state or country laws.
- PROPRIETARY RIGHTS:
You acknowledge and agree that the Services provided by the Extreme Bike Tours and the content on this Website is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Third parties whose content appear on this Website own the copyright in the content original to them. The look and feel of the Website, including colour combinations, button shapes, and other graphical elements, are trademarks and copyright of the Extreme Bike Tours. The Extreme Bike Tours retains all ownership rights to the content. You may not alter or remove any copyright notice or proprietary legend contained in the content or on this Website. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of the Extreme Bike Tours or any third party, except for the limited right of use license expressly set forth herein. None of the content or data found on the Website may be reproduced or modified without the express written permission of the Extreme Bike Tours and/or its third party providers and distributors. The Extreme Bike Tours marks are trademarks of the Extreme Bike Tours and you agree not to display or use in any manner the trademarks of the Extreme Bike Tours without the prior permission of the Extreme Bike Tours.
- NO WARRANTY:
The information contained herein is provided to you “as is” and you agree to use it at your own risk. The Extreme Bike Tours make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, or that the data or server will be uninterrupted or error-free.
- DISCLAIMER OF WARRANTY:
You agree that use of the Extreme Bike Tours Website and the Services is entirely at your own risk. The Extreme Bike Tours Website and the Services are provided on an “As Is” or “As Available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. The Extreme Bike Tours has the right at any time to change, modify, add to or discontinue any service of the extreme bike tours and the Extreme Bike Tours has no obligation to provide you with notice of any such changes.
- DISCLAIMER OF LIABILITY
8.1 Extreme Bike Tours and its owners, representatives and agents shall not be responsible for, and shall not accept liability for any claims, damages, losses, costs or expenses arising from any of the following:
(a) Personal injury, emotional distress, trauma, loss, damage, disease, sickness, or death, however caused to yourself and/or third parties, while engaged on or by reason of your participation on any Extreme Bike Tours tour whether due to maintenance, use, operation or control of any motorcycle, automobile, service, hotel, airline or other common carrier used in conjunction with the tour or as a result of failure, negligence, improper performance or behaviour by you or another participant of the tour;
(b) Loss or damage to luggage or other property. Please note that you are required to purchase travel insurance covering loss, damage or theft of luggage and personal belongings to participate on your chosen tour;
(c) Any loss caused to you on account of delayed arrival or delays at any airport or seaport or any road or railway;
(d) Any damage or loss caused to any motorbikes, vehicles and/or other property or any parts or appendages thereof whether belonging to you, Extreme Bike Tours and/or third parties due to road or other accidents, crashes or collisions caused on the tour due to your fault, negligence or recklessness or attributable to you while engaged on or by reason of your participation on an Extreme Bike Tours tour;
(e) Delay, failure or loss resulting during an Extreme Bike Tours tour due to the actions of hotel operators, airlines and other common carriers, other suppliers, or due to government action, mechanical breakdown, weather, labor disputes, terrorism, acts of war, acts of God, or any other causes beyond Extreme Bike Tours’s direct control; or
(f) Any speeding and or parking fines or any other penalties, fines, charges or costs issued to you by the authorities during the tour including damage caused to a third party’s person or property attributable to your abuse of the local road traffic regulations.
8.2 The Extreme Bike Tours shall not be liable for any damage caused to you by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Extreme Bike Tours, or retailer acting on behalf of the Extreme Bike Tours, or to that of another supplier of services because of the following reasons:
(a) The failures which occur in the performance of the contract are attributable to you;
(b) Such failures are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable or
(c) Such failures are due to:
(i) Force Majeure; or
(ii) An event which the Extreme Bike Tours acting on his behalf or the supplier of services, even with all due care, could not foresee or forestall.
8.3 The Extreme Bike Tours has taken all reasonable care to ensure that the information contained within the pages of the Website is accurate. However, the Extreme Bike Tours does not accept liability for any errors or omissions, or for information which is out of date. The Extreme Bike Tours will use all reasonable endeavours to ensure that the information contained in the Website is accurate and updated regularly. In no event will Extreme Bike Tours be liable to you or your organisation for any economic loss, loss of profit (direct or indirect), indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of the Website, its lack of availability, or for any information on services obtained through the Website or otherwise arising out of use of the Website whether based in contract, tort or otherwise.
8.4 Under no circumstances shall the Extreme Bike Tours, be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of the Services, whether the damages arise from use or misuse of the Services, from inability to use the Services, or the interruption, suspension, modification, alteration, or termination of the Services. Such limitation shall also apply with respect to damages incurred by reason of other services received through or advertised in connection with the Extreme Bike Tours Website or the Extreme Bike Tours Services or any links on the Extreme Bike Tours Website, as well as by reason of any information or advice received through or advertised in connection with The Extreme Bike Tours Website or the Services. These limitations shall apply to the fullest extent permitted by law.
8.5 Each participant accepts the risks and dangers that are present during any travel on motorcycles or other motor vehicle. These include but are not limited to travel over/through hilly or mountainous terrain, areas that have fallen timber, branches, stones, roots or other obstacles, hazards on any roads traveled, steep slopes or unstable ground that may cause a fall also, travel through snow, glaciers, canyons, crevasses, streams, rivers, lakes, or confrontations with weather, wild or dangerous animals, various health problems caused by extreme sun or heat, insect bites, fatigue, stress, dehydration, exertion, or high altitude due to lack of fitness. Each participant of the tour is also aware and acknowledges that participants may become lost or separated from the group, especially where communication is lost in areas that are remote or mountainous. These types of terrains or climates may cause further risk or danger due to extreme changes in weather without notice, making rescue very difficult if necessary should an accident or disaster occur.
- EXCLUSIONS AND LIMITATIONS:
You acknowledge that the disclaimers and exclusions of liability set forth above represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, and shall be enforceable to the fullest extent permitted by applicable law.
You agree to defend and indemnify the Company, its affiliates, and/or their respective associates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
(a) you or on your behalf in excess of the liability described above; or
(b) by third parties as a result of:
(i) your breach of this agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
The Extreme Bike Tours is committed to protecting your privacy and information. The information that we use is for the purpose of fulfilling our contract as a tour operator/ provider. Information may be made available to the Extreme Bike Tours’ employees, associates, consultants and accountants and legal advisors on a need-to-know basis. We may from time to time, make your information available to associated companies, a list of which can be provided to you on request. Any information that the Extreme Bike Tours holds about the Client and his/her tour arrangements will not be disclosed to any third party unless required by Law.
- AMENDMENT AND MODIFICATIONS:
Extreme Bike Tours may at any time modify these Terms and Conditions and your continued use of the Website will be conditional upon the Terms and Conditions in force at the time of your use. The Extreme Bike Tours will take reasonable steps to bring these changes to your attention.
The rights and remedies of either party in respect of these Terms and Conditions shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time granted by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of these Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
If at any time any part of these Terms and Conditions (including any one or more of the clauses of these Terms and Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.
- ENTIRE AGREEMENT:
These Terms and Conditions contain all the terms of your contract with the Extreme Bike Tours relating to your use of the Website as well as your use of the Services. No other written or oral statement including statements in any brochure or promotional literature published by the Extreme Bike Tours will be incorporated into that contract or have any legal effect, and no party shall have any liability for such statement, unless they were made fraudulently.
- GOVERNING LAW:
The above Terms and Conditions shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka without giving effect to its conflict of law’s provisions, which is explicitly excluded. You agree to submit to the personal jurisdiction of the courts at Colombo for any and all disputes, claims and actions arising between you and the Extreme Bike Tours.
The Extreme Bike Tours reserves the right, in its sole discretion, to terminate the provision of any of the Services at any time for any reason, including but not limited to any improper use of this Website or your failure to comply with these Terms and Conditions. Extreme Bike Tours reserves the right to suspend/withdraw access to the Website without notice at any time and accepts no responsibility for these pages not being available at all times.
- COMPLAINTS , SUGGESTIONS & COMMENTS:
Whilst on the tour, if you have any complaints in respect of the tour or the tour operator, you are requested to inform the Extreme Bike Tours’ representative present during the tour. In case the complaint cannot be resolved whilst on the tour by our tour representative you are requested to submit your complaint to the Extreme Bike Tours on email@example.com within 28 (twenty eight) days from the date of the incident. This will enable the Extreme Bike Tours to make a timely investigation. The Extreme Bike Tours will not consider complaints received after the 28 (twenty eight) day period mentioned above.
If you have any questions or suggestions please feel free to email us at firstname.lastname@example.org