Conditions of participation (General Conditions of Contract)
The applicant is hereinafter referred to as tour participant and the tour organizer is hereinafter referred to as company West East Travel Ltd.
1. Application for tour participation
By filling the online application form on the website ktm-georgia.com and submitting his declaration that he/she accepts the conditions of the tour, tour participant submits to the West East Travel Ltd. the conclusion of a contract for participation in the tour. The application form must be downloaded from the mentioned website, must be printed out, filled in, signed and sent to the CAT Ltd only by ordinary mail or by fax, together with a photocopy of the tour participant's passport bearing his/her signature. Tour participant must send to CAT Ltd an email confirming that he/she filled in and signed the application form personally. The contract only comes into effect following written reconfirmation by the West East Travel Ltd.
2. Detailed information for tour participant
To reserve a place after booking and invoicing, the tour participant must pay a deposit of 30 % in order to reserve a place. The exact amount of the deposit payment will be shown in the invoice. The residual payment must be made within the time limit indicated in the invoice, and at the latest 21 calendar days before the beginning of the tour.
3. Performance of tour
The tour is organized under the conditions and schedules stated on the website www.ktm-Georgia.com. West East Travel Ltd. reserves the right to alter the route of tour and the schedule due to changes of weather conditions, unsuitable weather for flying, delays in departure and other conditions of Force Majeure.
The application form contains various options for hotel accommodation. Double bedrooms are offered as standard, but single bedrooms are also available on special request by the tour participant. Selection of the single bedroom option will increase tour price by 200€. Exact details of the price will be given by West East Travel Ltd.
5. Minimum number of participants required
This tour is a group excursion and will only take place if a required minimum number of participants are present. West East Travel Ltd. therefore reserves the right to cancel the tour in case of an insufficient number of participants. In this case any tour fees paid will then be reimbursed. No further claims against the West East Travel Ltd. are permitted. In case of a cancellation of the tour, West East Travel Ltd. will inform the tour participant in good time by email, fax or by reimbursing the tour fee paid.
6. Personal qualification of tour participant
The tour participant is obliged to make a realistic evaluation of the level of his/her motorcycledriving knowledge and skills, and of the state of his/her health. By submitting his/her application, the tour participant declares that he/she is basically in good health and has the necessary motorcycle riding skills for this tour. If this will be ascertain by the West East Travel Ltd. before or during the tour that the tour participant's driving skills are below the standard required for this tour, the tour participant may be excluded from the tour. All costs resulting from the exclusion from the tour will be borne solely by the tour participant. Reimbursement of the tour fee is excluded in this case.
7. Cancellation of tour participation
The West East Travel Ltd. recommends the conclusion of travel cancellation insurance. The tour participant may cancel his tour participation at any time. Cancellation must be in writing. To process the cancellation, the West East Travel Ltd. requires three working days from date of receipt. When cancelling his/her participation in the tour, the tour participant undertakes an obligation to reimburse 50% of the total fee to the West East Travel Ltd. if the cancellation was filed up to 40 calendar days before the start of the tour. For any cancellation filed within less than 40 calendar days – counted from the start of the trip i.e. the date of flight departure - the tour participant must reimburse 80% of the tour fee. The reimbursement must be effected within 10 working days after declaration of cancellation, and with due deduction of the deposit paid in advance.
8. Non-performance of the tour/ Force Majeure
In the following cases, the West East Travel Ltd. reserves the right not to perform or to prematurely break off the tour; in the event of either the West East Travel Ltd. or any of the tour participant in the tour sustaining an injury or contracting an illness of any kind, or of any technical problems occurring, which make it impossible to continue with the tour. In these cases, the tour participant will receive a full refund or a partial refund in proportion to the remaining tour days. In the following cases, the West East Travel Ltd. reserves the right not to perform or to prematurely break off the tour without refund of the tour fees: unsuitable weather conditions, unnatural or dangerous behavior of animals and insects, changes to the local landscape through natural catastrophes and force majeure (earthquakes, war, floods, political unrest etc.) The tour participant must be informed immediately if the tour is cancelled or broken off. In these cases, the West East Travel Ltd. is entitled to draw up a substitute program.
9. The tour participant's obligations and acceptance of the tour rules
The tour participant declares that he/she has the skills and qualifications to drive motorcycles in public traffic and off-road. The West East Travel Ltd. will satisfy himself of this before the beginning of the tour by means of a test drive. The tour participant is obliged to submit his/her driving license to the West East Travel Ltd. before the whole tour begins. He is liable for any risks and dangers in connection with his participation in the tour. The tour participant confirms that he/she has assessed his driving skills realistically, and that he/she will neither endanger nor harm any other participant in the tour. He/she must adapt his driving style so as to avoid danger to himself/herself and other persons. He/she is aware of the dangers of off-road motorcycling. The tour participant confirms his/her participation in the tour in suitable motorcycling protective clothing. Motorcycles provided by the West East Travel Ltd. are covered by third-party insurance. The tour participant is obliged to treat the material provided by the West East Travel Ltd. (motorcycle and equipment) with due care and in a professional manner. The tour participant must be held solely and entirely liable for any violations of traffic rules and public traffic regulations under civil or criminal law. No claims may be filed against the West East Travel Ltd. in these cases. The tour participant assumes complete liability for third party claims against the West East Travel Ltd.arising from offences or violations committed by the respective tour participant.
The tour participant declares by his/her signature that he/she participates in the tour event at his/her own risk; that he/she assumes civil and criminal liability for any damages caused by him/her (for instance damage to persons, material and consequential damages) and that he/she will provide sufficient insurance cover for himself. The tour participant waives any claims against the West East Travel Ltd. and his employees in connection with the damage committed by the tour participant during the booked excursion. He/she indemnifies the West East Travel Ltd. against any claims from third parties filed in connection with the damage committed by the tour participant. Inasmuch as the West East Travel Ltd. uses the services of vicarious agents or other third parties, the West East Travel Ltd. is only responsible for their careful selection and reasonable monitoring. The West East Travel Ltd. in particular assumes no responsibility for any damages, which are related to the unsuitable condition of the roads driven on. The West East Travel Ltd. must only be liable in the course of his obligations as a prudent businessman for the conscientious preparation and performance of the tour. Liability of the West East Travel Ltd. is excluded or limited unless the West East Travel Ltd. has caused the damages by gross negligence or intentionally. In any case the liability is limited to the three-fold amount of the tour fee. The Waver of liability claims signed by the tour participant upon application is an inseparable part of the contract.
The West East Travel Ltd. advises to the tour participant to arrange accident insurance, foreign travel health insurance and travel cancellation insurance.
The motorcycles and the personal protective equipment will be provided by the West East Travel Ltd. and are in good technical condition. The tour participant is obliged to treat the motorcycle and personal protective equipment with care, and to use it for the designated purpose only. The tour participant confirms that he/she will treat the equipment with due care so as to avoid damage and loss. 13. Miscellaneous The tour participant agrees that photographic and video material may be used for advertising purposes. He declares that he agrees with the storage of his personal data and its use in connection with the performance of the tour by the West East Travel Ltd. 14. Only Georgian law applies Place of jurisdiction is, as far as it is legally permissible, only Tbilisi Georgia.
15. Tour organizer is:
West East Travel Ltd. / KTM GEORGIA