Tour and Lease Agreement:
The rental and Lease Agreement shall be effective upon written confirmation of participation from Dualsportutah and is for both obligatory.
2. Breadth of Services:
3. Requirements for the Customers:
(1) Participation shall be restricted to KTM motorcycles only.
(2) Only Customers holding a valid driver’s license with proper motorcycle endorsement at the time of the Tour shall be eligible to participate.
(3) All Customers must wear adequate protective equipment while riding. Helmets are required at all time without exceptions!
(4) If Customer is providing his private KTM motorcycle to ride on the Tour, he shall be fully responsible for the flawless technical condition of his motorcycle and the compliance with all mandatory and Promoter’s requirements (for example: knobbly tyres). Promoter and Tour Guide shall have no obligation to observe the compliance with these requirements.
(5) It shall be Customer’s own discretion to determine whether his riding skills and experience are sufficient to accomplish the itinerary of the chosen Tour. Promoter and Tour Guide shall have no obligation to determine and monitor Customer’s riding skills.
4. Lease of Motorcycle:
(1) KTM motorcycles may be available for rentals. The motorcycle to be rented shall be reserved upon registration to the rental form. The leased motorcycle shall only be used to participate.
(2) At the latest upon taking possession of the rented motorcycle, customer shall put down a security deposit in addition to the renting rate. The security deposit shall be of the amount stated . The security deposit, minus eventual expenses for repairs of damages to the motorcycle, shall be reimbursed to the customer upon returning the rented motorcycle.
(3) The term of the rental shall not be interrupted as long as the motorcycle is unusable due to customer’s fault or incapacity to ride the motorcycle.
5. Immigration, Customs, Visa and Vaccination:
Some of the destination countries within the Tour have special ID, customs, visa or vaccination regulations. Customer shall refer to the brochure for more details or is informed otherwise by the Promoter. It shall be customer’s own responsibility to comply with those regulations, in particular to organize visa or get vaccines.
6. Infringements of Traffic Laws or Tour Guide instructions:
In the event that the Customer negligently infringes traffic laws or Tour Guide instructions, Promoter shall be entitled to terminate this Agreement and seize the motorcycle. The Tour or Lease fee is non-refundable.
(1) Customer participates at his own risk. The liability of Dualsportutah and their respective servants and/or employees, is limited to the triple amount of the rental fee, regarding customer’s loss arising from his participation at the rental, unless the damage is caused by Dualsportutah or their respective sub-contractors and/or employees’ default or gross negligence, or in case Promoter is liable for a customer’s loss solely due to the default of a service provider. The limit of liability shall not apply to Customer’s bodily injuries.
(2) Customer shall sign a separate declaration on limitation of liability before participating the rental. The declaration shall be submitted to the Customer along with the confirmation of application. If Customer is not willing to sign the declaration of limitation, he shall notify Promoter in writing and registered mail within 7 days upon receipt of the declaration and may not participate in the rental. If Customer does not give timely notice or does not submit the signed declaration upon participation at the rental, Promoter may immediately terminate this Agreement. Customer will be reimbursed for the amount of the Tour and Lease fee already paid, minus the amount of the cancellation fee as spelled out in Section 9 of this Agreement, or, if rental fee has not been paid yet, Customer shall pay the cancellation fee.
(3) Dualsportutah and rental waive any liability for property damage or bodily injuries caused by Customer in case the damage is not covered by compulsory liability insurance. The liability is in any event limited to the amount of coverage provided by the compulsory insurance for the specific loss. In this case, Customer shall indemnify and hold harmless Dualsportutah.
(4) Personal adequate insurance coverage is recommended.
(1) A down payment of 40 % of the invoiced price is required within 2 weeks upon receipt of the invoice. The rest shall be paid 4 weeks prior to the Tour at the latest.
(2) Payments made with a credit card will be debited at the time of billing for the total amount due.
9. Termination and Assignment:
(1) Applicant may terminate the Agreement anytime. The following cancellation fees shall become due upon cancellation by the applicant