GUIDED MOTORCYCLE TOURS TERMS AND CONDITIONS
OVERVIEW
Ecuador Freedom is committed to providing you with an enjoyable and memorable experience and our top priority is your safety and welfare. Ecuador Freedom has taken extra measures to ensure your safety through extensive training of its Tour Leaders and developing clear policies and regulations. Our Tour leaders have been trained in emergency scene management, first aid, and CPR as well as how to professionally conduct a motorcycle tour.
Although Ecuador Freedom has taken reasonable steps to provide our guests with skilled tour leaders, no activity is without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying their unique character. These inherent risks can be the cause of loss of or damage to equipment, accidental injury, and illness or in extreme cases, permanent trauma or death. Ecuador Freedom believes it is important for its clients to know in advance what to expect and to be informed of inherent risks.
At the signing of this contract, Ecuador Freedom or "FREEDOM" and you (hereinafter "TOUR PARTICIPANT", “You” or “CUSTOMER.”) accept these Terms and Conditions as a binding contract between Ecuador Freedom Corporation and yourself, as the Guided Tour Participant. Please read them carefully. FREEDOM cannot accept any tour participant without a duly signed Motorcycle Rental Agreement, this contract, and a Credit Card Deposit on the day of motorcycle pick-up and tour start date.
Furthermore, You agree and undertakes to comply with the conditions set out below:
I - Booking and Cancellation Policy
1.1. To secure your reservation, a deposit of 50% of the total tour price must be paid at the time of booking. The remaining balance must be paid prior to the departure date of the tour and may be paid in our offices with a credit or debit card or with cash (United States Dollars).
1.2 In case of cancellation of a booking by You 90 days or more in advance of the start date of the tour, the deposit is refundable minus 10% of the total rental or tour price. A Deposit for a booking that is canceled by You for ANY reason less than 90 days before the pickup or departure date is not refundable and FREEDOM will not return any value to You.
1.3 Once the tour has started, FREEDOM shall make no return or refund to You, except as expressly described in this contract.
1.4 FREEDOM operates its Guided Tours on a “Guaranteed Departure Policy” and will not cancel tours for lack of participants. Your tour will proceed even if you are the only one signed up for the tour. FREEDOM will not cancel a tour due to a lack of sufficient participants.
II - Conditions
2.1. CUSTOMER declares that he knows the danger that can result in riding motorcycles because they can conclude with death, injury, serious damage to health or loss or damage of personal property and that You expressly assume all such risk. You furthermore expressly agree to use the equipment necessary for their own care and safety. The participant must wear a helmet, personal protective equipment, and any other equipment requested by FREEDOM.
2.2. You are solely responsible for operating the Vehicle according to your level of experience at all times during the tour. You expressly agree to never exceed the abilities of Your level of riding or driving experience for any reason.
2.3 If You do not comply with traffic laws or the requirements for group travel as directed by the Tour Leader or by FREEDOM, FREEDOM may cancel the Motorcycle Rental Agreement, and the rental motorcycle will be secured and transported back to FREEDOM's offices at Your expense under the terms and conditions of the Motorcycle Rental Agreement.
2.4. You declare that you know the tour requires a good physical condition and appropriate medical condition and the ability to ride for long distances and long riding days and that you are capable of doing so.
2.5. The contracted services include the use of motorcycle or vehicle (including fuel and oil), gloves, helmet, accompanied by a professional guide during the tour, food (except lunch and dinner on rest days) and lodging and everything listed on the tour description page.
2.6. The contracted service does not include any substantial medical insurance coverage of any kind. FREEDOM strongly recommends that you possess health insurance and/or travel insurance including trip cancellation coverage.
2.7.FREEDOM may, at its sole discretion, include a “Support Vehicle” for tours with five or more participants to carry luggage for the convenience and comfort of Tour Participants (except on the "High Andes, Deep Amazon" tour). The luggage of each participant may not exceed the size of a carry-on bag. The support vehicle shall not be used for transporting You or your companions, except in an emergency. Tour Participants are expected to ride and operate their personal rented Vehicle for the duration of the Tour.
2.8. You authorize FREEDOM to use the photographs, recordings, and videos in which the Tour Participant appears for use with the website, promotional, marketing, and advertisement purposes of FREEDOM or its marketing affiliates.
2.9 If you damage the rental motorcycle and it is no longer safely operable for the rest of the tour, FREEDOM may, at its sole discretion, not replace the rental motorcycle nor provide a refund for the remaining tour dates. Guides may make reasonable efforts to repair the damage that you caused to your rental motorcycle as long as it does not significantly delay or hamper the experience for other tour participants (up to 2 hours). If a motorcycle breaks down due to no fault of your own, FREEDOM will make reasonable efforts to replace the motorcycle as quickly as possible. If a replacement motorcycle is not available, FREEDOM will issue a refund for the remaining days of the tour.
III - Limitations of Liability
3.1. The activities undertaken on this tour may contain other unknown or unanticipated inherent risks that may result in injury or death. These risks 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 the 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. FREEDOM disclaims responsibility for the activities its clients choose to participate in, and these clients accept full responsibility for risks identified herein and any inherent risks not specifically identified. Any participation in any activity is purely voluntary and is at the sole election of the participant in spite of and with full knowledge of the inherent risks.
3.2. FREEDOM may act only as an agent for the various independent suppliers that provide hotels, transportation, sightseeing, activities, or other services connected with any tour provided by FREEDOM. Such services are subject to the terms and conditions of those suppliers.
3.3 FREEDOM and its respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damages, or expenses of any kind due to sickness, weather, strikes, hostilities, wars, civil unrest, terrorist acts, acts of nature, local laws or other such causes.
3.4. FREEDOM retains the right to exclude from the tour and immediately terminate the contract in the following cases:
a) If You conduct yourself in such a way that endangers the life, the safety of the guide or other tour participants, or, in general, when the CLIENT fails to comply with any provision of this contract.
b) If You consume excessive alcohol or any controlled substance that can degrade your ability to safely operate your vehicle.
c) If, in the sole discretion of FREEDOM Your inexperience and lack of ability to safely ride a motorcycle causes a significant delay in the scheduled times or otherwise endangers the life, health or safety of other tour participants.
In these cases, You shall be excluded from the tour will not be entitled to any refund and shall cover the costs of food, lodging, transportation, and pay the cost to send the motorcycle to FREEDOM's office, which is a rate of U.S. $ 100.00 plus a mileage charge of $. 0.69 per kilometer.
3.5 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.
3.6 You acknowledge and expressly agree that, in any event, the extent of the liability of FREEDOM shall be limited to the actual monies paid by you to FREEDOM.
IV - EVENTS OF FORCE MAJEURE AND ITINERARY OR DATE CHANGES
4.1. FREEDOM accepts responsibility for supplying as near as physically possible a tour package as described on our website tour booking pages. We are unable to control any deficiencies in services due to local conditions, civil unrest, politics, or weather. Occasionally routes and tours will differ depending on road conditions, hotel availability, and other reasons out of our control. In such instances, FREEDOM will make reasonable efforts to inform participants of the changes in advance.
4.2. In the event of a major change to the tour dates or itinerary due to events out of the control of FREEDOM, we will advise you immediately and you may then (a) continue the tour with the new itinerary or dates, (b) accept an alternative of the same or similar value.
V - INDEMNIFICATION:
5.1 You agree to defend and indemnify FREEDOM, 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.
5.2. You will not challenge the charges made to your credit card payments described in this contract or ask the company to issue the credit card repayment of such charges. All disputes will be handled directly with the contractor or by mediation in accordance with the following clause.
VI - GOVERNING LAW
6.1 Parties agree to submit any dispute or difference arising out of or in connection with this contract, Mediation Center of the Judiciary of Pichincha. Failure to reach an agreement, subject to the civil judges of Pichincha abbreviated process if the amount is less than $ 5,000 in the United States.