TERMS AND CONDITIONS OF SERVICE
WELCOME TO MOTO TRAILS USA!
PLEASE READ THIS DOCUMENT CAREFULLY.
Each transaction between Moto Trails USA, LLC and you and each use by you of the Moto Trails USA, LLC’s services and or website shall constitute and be deemed your unconditional acceptance of these Terms and Conditions of Service which constitute a binding and enforceable legal contract between Moto Trails USA, LLC and its affiliated companies and subsidiaries worldwide (collectively, “Moto Trails”, “us” or “we”) and you in relation to the use of the Services (as such term is defined below).
By using our services, including all associated features, websites, as well as all vehicles and items associated with our services, as described in detail in our website (collectively, the “Services”), you represent and warrant that you are at least 21 years old, have a valid motorcycle driver’s license to ride a Yamaha Tenere 700, carry personal liability insurance for motorcycles, and have all powers required to form a binding contract with Moto Trails and use the Services. If you do not meet such requirement, you must not use the website, Services and/or transact with Moto Trails.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING AN ORDER TO US AND/ OR PURCHASING AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THE “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT SUBMIT ANY ORDERS FOR SERVICES WITH US. ANY BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF THE SERVICES YOUR PURCHASED.
- Legal Agreement
These Terms, together with such additional terms which specifically apply to our Services (collectively, the “Conditions Générales de Vente”), specify the terms and condition for each customer (each a “Customer” or “you”), to designate the individual who has accessed our website and/or used the Services.
Moto Trails reserves the right to amend the Terms and Conditions at any time, without notice and for any reason whatsoever, by updating this page. Any such amendments shall be effective immediately.
If you do not wish to continue using the Services, you may terminate your agreement with Moto Trails as provided in Section 2.2 below.
- Your Trip
In order to use the Services, please provide us with your information by filling out a digital registration form as instructed on our registration page.
As a condition to your use of the Services, all information you provide shall be correct, current and complete.
In order to register, we require a $ 1,000 deposit and later, when picking up your rental bike, a $ 1,500 security to cover the cost of repair of any damages our motorcycle may suffer during your tour. The security is in the form of a hold on your credit card.
In the event of a dispute regarding ownership of a Customer’s registration, we reserve the right to determine ownership to a Customer’s registration based on our reasonable judgment, in our sole discretion, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a Customer’s registration until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request any documentation that may assist us in determining ownership.
– Cancellation by Customer
If you wish to cancel a tour you registered for, you must contact Moto Trails USA by writing an e-mail to Moto Trails at the e-mail address provided on the Website or filling a form at the contact page of our website.
– Cancellation by Moto Trails
Failure to comply with any of the Terms and Conditions and/or to timely pay any due fee shall entitle Moto Trails to suspend (until full payment is made) or cancel your registration, as well as the provision of any related Services to you.
In addition, Moto Trails may cancel trips due any reason whatsoever by providing you advance notice.
- Trip modification
The route, hotels and other elements of your trip will be provided to you prior to departure. However, Moto Trails reserve the right to discretionarily modify your trip due to bad weather, dangerous conditions, unavailability of hotels or other amenities or any other reason Moto Trails deems in its sole discretion sufficient to justify such modification.
As a condition to riding our motorcycles and using our Services, you must carry sufficient personal liability insurance. In the event you do not carry such insurance, you may purchase it from our provider.
- Using our Services
By using our Services, you agree to abide by the Terms and Conditions and not to use the Services, or any part thereof in any manner not expressly permitted by these Terms and Conditions. Except for the rights expressly granted to you in the Terms and Conditions, Moto Trails grants no right, title, or interest to you in the Services.
Additionally, you agree and undertake to allow Moto Trails and its business partners to provide advertisement and other information to you.
- Restriction on Use
You acknowledge and agree that you are solely responsible for (and that Moto Trails has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Moto Trails may suffer) of any such breach.
All activities performed by anyone authorized, directly or indirectly and expressly or tacitly, by you to use your Customer registration shall be deemed to have been performed on your behalf and in your name and you are hence solely and fully responsible for such activities and their consequences, including but not limited to any prejudice that may be caused.
If you violate these Terms and Conditions and/or Moto Trails has a reasonable ground to suspect that you have violated these Terms and Conditions, Moto Trails has the right to suspend or terminate your registration and refuse any and all current or future use of the Services (or any portion thereof).
Furthermore you agree not to use the Services or Content to:
- upload, post, email, or otherwise transmit any material that is malicious, unlawful, derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
- use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- upload, insert, collect or otherwise make available within our website, any malicious, unlawful, defamatory or obscene content;
- circumventing or blocking advertisements on our website, or creating or distributing tools designed to block advertisements on our website;
- act in a manner which might be perceived as damaging to Moto Trails’ reputation and goodwill or which may bring Moto Trails into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Moto Trails or any trademarks owned by Moto Trails and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Moto Trails and/or any other users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Moto Trails or any third party endorses you, your business, service or products, or any statement you make;
- reverse look-up, trace, or seek to trace another customer of Moto Trails, or otherwise interfere with or violate any other customer’s right to privacy or other rights, or harvest or collect personally identifiable information about Moto Trails’ customers without their express and informed consent;
- upload to our website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- “stalk” or otherwise harass another;
- sell, license, or exploit for any commercial purposes any use of or access to the Services, except as expressly permitted by these Terms and Conditions
- violate, attempt to violate, or otherwise fail to comply with any of the Terms and Conditions or any laws or requirements applicable to your use of the Services and/or our website.
- access or use our services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your registration and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
- Service Fees
- Paid Services
All applicable prices of the Services will be notified to you prior to your purchase of said Services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer may be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes that may apply to your purchase, whether at the time of your purchase or at a different time. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider accepted by us. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
As part of registering or submitting information to receive paid Services, you also authorize Moto Trails (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Moto Trails may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company)
- Refund Policy
No cancelation fee shall be due for any cancellation received by Moto Trails at least 90 days prior to departure of your trip.
In the event your cancelation is received by Moto Trails less than 90 days but at least 61 days prior to departure of your trip, a $ 300 cancelation fee will be due by you and withheld by Moto Trails on your deposit.
In the event your cancelation is received by Moto Trails 60 days or less but at least 31 days prior to departure of your trip, a $ 500 cancelation fee will be due by you and withheld by Moto Trails on your deposit.
In the event your cancelation is received by Moto Trails 30 days or less prior to departure of your trip, Moto Trails will keep your deposit and no refund shall be due.
As a full settlement for any cancellation by Moto Trails through no fault of Customer, Moto Trails will refund any amount paid by Customer to Moto Trails for the cancelled trip.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your registration may be blocked without the option to re-purchase or re-use it, and any data contained in such account, including any domains, applications may be subject to cancellation.
Your use of the Services will not resume until you pay any applicable fees in full, including any fees and expenses incurred by Moto Trails for each Chargeback received (including fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
- Disclaimer of Warranties
WE PROVIDE THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) AND ANY INFORMATION ON THE WEBSITE ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY SERVICES) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES AND/OR THE WEBSITE – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM
YOU ACKNOWLEDGE THAT THERE ARE RISKS IN USING THE SERVICES, AND THAT MOTO TRAILS CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM SUCH USE AND/OR INTERACTIONS, AND YOU HEREBY ASSUME ALL SUCH RISKS, LIABILITIES AND/OR HARM OF ANY KIND ARISING IN CONNECTION WITH AND/OR RESULTING FROM SUCH INTERACTIONS. SUCH RISKS MAY INCLUDE, AMONG OTHERS, MISREPRESENTATION OF INFORMATION ABOUT AND/OR BY THIRD PARTY SERVICES AND/OR CONTENT, BREACH OF WARRANTY AND/OR CONTRACT, VIOLATION OF RIGHTS, AND ANY CONSEQUENT CLAIMS.
YOU ACKNOWLEDGE THAT MOTO TRAILS IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY LAW APPLICABLE TO YOUR DIRECT AND/OR INDIRECT USE OF THE SERVICES.
- Limitation of Liability
7.1 TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION, MOTO TRAILS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICES;
- ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT;
- ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE WEBSITE,
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MOTO TRAILS;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR OUR WEBSITE;
- ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
- EVENTS BEYOND THE REASONABLE CONTROL OF MOTO TRAILS, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, PANDEMICS; WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR
- LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY OR ALL OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR THE SERVICES, AND SUCH LIMITATIONS WILL APPLY EVEN IF MOTO TRAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
7.2. If you believe a third party acted inappropriately or otherwise misused any of the Services and/or website, please immediately report such third party to us. You agree that your report shall not impose any responsibility or liability upon Moto Trails, and that Moto Trails may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOTO TRAILS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEYS’ FEES) DUE TO OR ARISING OUT OF : (1) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (2) YOUR VIOLATION OF ANY LAW OF ANY JURISDICTION OR ANY THIRD PARTY RIGHT YOUR USE OF OUR SERVICES AND/OR WEBSITE.
- Changes & Updates
Moto Trails reserves the right to change, suspend or terminate any of the Services or the website (or any features thereof, or prices applicable thereto), and/or cancel your access thereto (including removal of any materials created by you in connection with the Services) for any reason and/or change any of these Terms and Conditions with or without prior notice – at any time and in any manner. You agree that Moto Trails will not be liable to you or to any third party for any modification, suspension or discontinuance of those Services.
If any such changes involve the payment of additional fees, we will provide you with a notice of such fees prior to enabling such specific changes. If you fail or refuse to pay such fees, we may (at our sole discretion) cancel your registration (as further explained in Section 2.2 above).
- Governing Law & Jurisdiction; Class Action Waiver
The Terms and the resolution of any dispute related to these Terms shall be construed in accordance with the laws of the State of California. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of California. The Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Services. Moto Trails makes no representation that material on the services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Services from other locations do so by their own initiative and are responsible for compliance with local laws.
Subject to any applicable law, all disputes between you and Moto Trails shall only be resolved on an individual basis and you shall not have the right to bring any claim against Moto Trails as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the website, including by a banner or pop-up within the website or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Moto Trails’ notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
These Terms and Conditions, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Moto Trails and you.
- Entire Agreement
These Terms and Conditions, together with any other legal or fee notices provided to you by Moto Trails, shall constitute the entire agreement between you and Moto Trails concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Moto Trails and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Moto Trails in contracting with Moto Trails.
Moto Trails may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or website to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Moto Trails. Any attempted or actual assignment thereof without Akius’ prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 8.6 shall not in itself grant either Moto Trails or you the right to cancel any Services then in effect.
- Severability & Waivers
If any provision of the Terms and Conditions is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.