Voorwaarden | backtrail

General conditions of sale

1. Definitions

BackTrail: provider of off-road training.
Student: the person who will follow an off-road training or motorcycle ride at BackTrail.
Enroller: the person who enters into the agreement with BackTrail for himself or on behalf of or for the benefit of a student.
The agreement: the agreement between the subscriber and BackTrail.

2. Acceptance of general terms and conditions

By registering and participating in an activity of theBackTrail the participant declares that he agrees with these general terms and conditions and that he is sufficiently informed about the activity in which he participates.
All information about an activity can always be found on the websiteBackTrail: www.back trail.be.

3. Scope of application

The conditions below only apply to one-day activities organized by theBackTrail. With regard to the trips that are organized and offered, the general terms and conditions of sale of a recognized travel organization (VVR recognized travel agency) and those byBackTrail will be communicated to the participant.

4. Register

At the time of registration or acceptance of the offer, hereinafter referred to as registration, for the off-road training, the tenderer accepts BackTrail's offer, and the agreement between the tenderer and BackTrail is concluded.
BackTrail will send a confirmation of the registration to the registrant by e-mail. This confirmation will contain all relevant information regarding the off-road training.
If the enrollee and the course participant are not the same (legal) persons, the enrollee will ensure that the course participant knows and accepts all obligations and conditions arising from the agreement.
The student is jointly and severally liable for the fulfillment of all obligations arising from the agreement with BackTrail.

5. Course Fees and Payment

From the moment of registration, the obligation arises to pay the amount set by BackTrail for the off-road training, hereinafter: “the course fee”.
The course fee must be paid at least 14 days before the start of the course. transfer to account BE39 7370 1537 2119 stating: activity and date.
If theparticipant fails to pay at the start of the training, BackTrail reserves the right to exclude theparticipant.

6. Cancellation / Unsubscribe / Reschedule by the participant without cancellation insurance.

Cancellation must be made in writing and will be confirmed in writing by BackTrail within 3 working days. Without this confirmation, the original registration will be maintained.
A booked and paid training will not be refunded. This can be moved to a later date, but must fall within 1 year after the originally booked training.
Failure to appear at the off-road training is equivalent to cancellation within 1 week before the start of the course, so that no refund is possible and the entire course fee remains due.

7. Cancellation/Unsubscribe byBackTrail

BackTrail reserves the right to cancel or move the course to another date if necessary.
The participants will be informed in writing as soon as possible of changes or cancellation.
In case of cancellation, BackTrail will refund the course fee to theparticipant refund. BackTrail does not owe any interest or penalty on this amount.
In the event of changes by BackTrail which are not reasonably acceptable to the student, BackTrail will offer an alternative to theparticipant to offer. If this alternative is also not acceptable to theparticipant, BackTrail will refund the course fee, without BackTrail owing interest or penalty on this amount.

8. Early Termination

If the participant, for any reason whatsoever,BackTrail interrupts or terminates an organized activity prematurely, he or she cannot claim a partial or full refund of the registration fee paid by him or her. The registration fee thatBackTrail has been paid will continue indefinitelyBackTrail acquired. The participant agrees to this by the mere fact of registering on the doorBackTrail organized activities.

9. Obligationsparticipant

To participate in a course organized by BackTrail, theparticipant be in possession of a valid driver's license. The aforementioned driver's license must be presented by the driver during the courseparticipant must be brought along and shown on first request.
Should the driver's license of aparticipant are temporarily denied, then the provisions of the first paragraph of this article will not be met, and it will therefore not be possible to participate in the course.

10. Vehicle

Theparticipant must ensure that the motorcycle with which one participates in the course, meets the requirements as described in the road regulations. NB! If the motorcycle is equipped with an illegal exhaust and therefore produces too much noise, your motorcycle does not meet the requirements vto the road regulations.
This provision does not apply when participating in a course that includes the use of an instructional motorcycle.
Theparticipant must insure the motorcycle with which he participates in a course in accordance with the requirements as laid down in the Motor Vehicle Liability Act with a company that has no exclusions from liability coverage while participating in the courses organized by BackTrail.
If the provisions of the previous paragraphs are not complied with, the instructor or other authorized person has the right to refuse you to participate in the course. In this situation, no claim can be made to a refund of (part of) the course fee.

11. Clothes

Wearing protective motorcycle clothing is mandatory on all practical courses, including motorcycle boots and motorcycle gloves.
The instructor is authorized to refuse persons whose clothing does not meet the above requirements. In this situation, no claim can be made to a refund of (part of) the course fee.

12. Liability

The participant undertakes to exercise due caution, both for himself and for others.
The participant will respect the highway code and all traffic rules and show respect for nature, other people's property and other road users and/or organizations.
The participant must always give way to vulnerable road users, such as cyclists, walkers, horse riders, etc. and must take all precautions not to disturb or endanger other road users or residents/owners of any private areas that are being driven on.
BackTrail, the instructor(s) and the circuit manager(s) are not liable for damage to the motorcycle, clothing or other belongings of the student or for personal injury suffered by a student, which occurred before, during or after participation in the course , except in case of intent or gross negligence on the part of BackTrail.
Theparticipant declares to participate in the training or ride entirely at your own risk and will not hold the organization of this trip liable in any way for damage resulting from accidents in which the student may be involved.

13. Health Declaration

Since a participation in the activities ofBackTrail requires a physical effort and is mainly aimed at off-road driving, the participant must be in a good state of health. For any risk and possible resulting damage, of any nature whatsoever (before, during or after the byBackTrail organized activity), the participant is obliged, of his own accord, to provide all useful and necessary information about himself in advanceBackTrail to notify.

14. Disputes

These general terms and conditions are governed by and interpreted in accordance with Belgian law. In case of disputes regarding these general terms and conditions or the byBackTrail organized activities, even if they take place outside the Belgian territory, the courts of the Mechelen jurisdiction have exclusive jurisdiction.

15. Registration routes and trajectories

The participant agrees to the byBackTrail not to register planned routes or trajectories (for example by using a navigation, GPS or any other system). At the start of each activity, your own navigation or registration systems are switched off. The use of navigation or any such registration systems, with the intention of copying the byBackTrail mapped out routes or trajectories, will result in immediate exclusion of the participant and will be prosecuted, as theft of company data.

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General travel conditions of the Travel Disputes Committee for package travel agreements.

Article 1: Scope of application

These terms and conditions apply to package travel contracts booked from 1 July 2018 and are governed by the Act on the sale of packages, linked travel arrangements and travel services of 21 November 2017.

Article 2: Information from the organizer and retailer for the conclusion of the package travel contract

2.1

The organizer and also the retailer provide the traveler with the legally prescribed standard information before he is bound by a package travel contract, as well as, insofar as this applies to the package travel:

the main features of the travel services:

the travel destination(s), the route and the periods of stay, with the dates and the number of nights;

the means of transport, their characteristics and categories, the places and dates and times of departure and return, the duration and location of intermediate stops and the connections; if the exact time has not yet been determined, this will be communicated approximately

the location, main characteristics and category of the accommodation according to the rules of the country of destination;

the meals provided;

the visits, excursions or other services included in the total price agreed for the package;

if it is not clear, whether the travel services are provided to the traveler as a member of a group;

the language in which other tourist services, if any, are provided;

whether the trip is generally suitable for persons with reduced mobility;

the total price of the package travel and, where applicable, an indication of the type of additional costs that may be borne by the traveller;

the payment terms;

the minimum number of persons required for the performance of the package and the deadline for possible termination of the contract if this number is not reached;

general information on passport and visa requirements in the country of destination, including the approximate time needed to obtain a visa and information on health formalities;

the statement that the traveler can cancel the agreement against payment of a cancellation fee;

information about the cancellation and/or assistance insurance.

2.2

The professional ensures that the correct standard information form is provided to the traveler.

2.3

The pre-contractual information provided to the traveler forms an integral part of the package travel contract.

It cannot be changed unless the parties mutually agree.

Article 3: information by the traveller

3.1

The person who concludes the package travel contract must provide the organizer and the retailer with all useful information about himself and his fellow travelers that may be relevant for the conclusion or performance of the contract.

3.2

If the traveler provides incorrect information and this leads to additional costs for the organizer and/or retailer, those costs may be charged.

Article 4: the package travel agreement

4.1

When concluding the package travel contract or within a reasonable period of time, the organizer or if a retailer is involved, the latter will provide the traveler with a confirmation of the contract on a durable data carrier, such as e.g. an e-mail, a paper document or a PDF.

In case the package travel contract is concluded in the simultaneous physical presence of the parties, the traveler has the right to request a paper copy.

4.2

The package travel contract or confirmation thereof contains the full contents of the contract, including all information as stated in Article 2 and the following information:

the special wishes of the traveler to which the organizer has responded;
that the organizer is liable for the proper execution of the package tour and has an obligation to provide assistance;
the name and contact details of the entity responsible for insolvency protection;
the name, address, telephone number, e-mail address of the local representative of the organizer or of another service in case the traveler is in trouble or wishes to complain about the possible non-conformity;
the obligation of the traveler to report the non-conformity during the trip;
information allowing direct contact with an unaccompanied minor or with the person responsible for him at his place of residence;
information about the internal complaints handling;
information about the Travel Disputes Committee and the platform of the E.U. for online dispute resolution;
information about the traveler's right to transfer his contract.

4.3

In good time before the start of the package tour, the organizer will provide the traveler with:

the necessary receipts
the vouchers and tickets
information about the scheduled departure times and, if applicable, the latest check-in time, the scheduled times of stopovers, connections and arrival.

Article 5: The price

5.1

After the conclusion of the package travel contract, the prices can only be increased if the contract expressly provides for this. In that case, the package travel contract will indicate how the price revision is calculated.

Price increases are only allowed as a direct result of changes in:

the price of passenger transport due to the increased cost of fuel or other energy sources, or
the amount of taxes or fees on the travel services included in the agreement, which are levied by third parties not directly involved in the implementation of the package, including tourist taxes and departure or arrival taxes at ports and airports, or
the exchange rates relevant to the package holiday.

If a price increase is foreseen, the traveler is entitled to a price reduction in the event of a decrease in the costs listed above.

5.2

If the increase exceeds 8% of the total price, the traveler can cancel the agreement without cancellation compensation.

5.3

A price increase is only possible if the organizer notifies the traveler no later than twenty days before the start of the package tour via a durable data carrier, such as e.g. an e-mail, a paper document or a PDF, stating the reasons for the price increase. and a calculation.

5.4

In the event of a price reduction, the organizer has the right to deduct the administrative costs from the refund due to the traveler. If the traveler so requests, the organizer will substantiate those costs.

Article 6: Payment of the travel sum

6.1

Unless otherwise agreed, the traveler pays part of the total travel sum as stipulated in the special conditions as an advance when concluding the package travel agreement.

6.2

Unless otherwise agreed in the package travel agreement, the traveler pays the balance of the price no later than 1 month before the departure date.

6.3

If the traveler, after being given notice of default in advance, fails to pay the advance or the travel sum that is demanded of him, the organizer and/or retailer will be entitled to terminate the agreement with the traveler by operation of law, with the costs at expense of the traveller.

Article 7: Transferability of the package travel contract

7.1

The traveler may transfer the package travel contract to a person who meets all the conditions that apply to that contract, provided that he:

1° inform the organizer and possibly the retailer as soon as possible and no later than 7 days before the start of the package tour via a durable data carrier, such as e.g. an e-mail, a paper document or a PDF, and

2° bear any additional costs resulting from the transfer.

7.2

The person who transfers the package tour and the person who takes over the agreement are jointly and severally liable for the payment of the amount still due and for any additional compensation resulting from the transfer. The organizer shall inform the transferor of the contract of the costs of the transfer.

Article 8: Other changes by the traveler

If the traveler asks for a different change, the organizer and/or the retailer who can respond to this may charge all costs that are caused by this.

Article 9: Changes by the organizer before departure

9.1

The organizer cannot unilaterally change the provisions of the package travel contract, with the exception of price changes before the start of the package travel, unless:

1° the organizer has reserved this right in the agreement, and

2° it concerns an insignificant change, and

3° the organizer informs the traveler of this via a durable data carrier, such as e.g. an e-mail, a paper document or a PDF.

9.2

1. If, before the start of the trip, the organizer finds it necessary to significantly change one of the main features of the travel services or is unable to meet the confirmed special wishes of the traveler, or proposes to increase the price of the package by more increase by more than 8%, the organizer must inform the traveler of this and inform him:

1° of the proposed changes and their effect on the price of the package;

2° of the possibility to terminate the agreement without penalty, unless he accepts the proposed changes;

3° of the period within which he must inform the organizer of his decision;

4° of the fact that if he does not expressly accept the proposed change within the specified period, the contract is automatically terminated, and

5° where applicable, of the proposed replacement package and its price.

9.3

If the changes to the package travel contract or the replacement package have the effect of reducing the quality or cost of the package travel, the traveler is entitled to an appropriate price reduction.

9.4

If the package travel agreement is canceled pursuant to Article 9.2 and the traveler does not accept a replacement package trip, the organizer will refund all amounts paid to the traveler no later than fourteen days after the agreement has been cancelled.

Article 10: Cancellation by the organizer before departure

10.1

The organizer can cancel the package travel contract:

1° if the number of persons registered for the package is less than the minimum number stated in the contract and the traveler is notified by the organizer of the cancellation of the contract within the period specified in the contract, but no later than:

a) twenty days before the start of the package for trips of more than six days;

b) seven days before the start of the package for trips of two to six days;

c) 48 hours before the start of the package tour for trips lasting less than two days, or

2° if he is unable to perform the contract due to unavoidable and extraordinary circumstances and he informs the traveler before the start of the package that the contract is being terminated.

10.2

In these cases, the organizer will refund to the traveler all amounts received for the package travel without owing any additional compensation.

Article 11: Cancellation by the traveler

11.1

The traveler can cancel the package travel agreement at any time before the start of the package trip. In the event of cancellation, the traveler may be obliged to pay a cancellation fee to the organizer.

The package travel contract may determine standardized cancellation fees based on the timing of the cancellation prior to the start of the package and the expected cost savings and income from alternative use of the travel services.

If no standardized cancellation fees have been set, the amount of the cancellation fee corresponds to the price of the package less the cost savings and income from alternative use of the travel services.

11.2

However, if unavoidable and extraordinary circumstances occur at the destination that have a significant impact on the performance of the package travel or that have a significant impact on the passenger transport of the travelers to the destination, the traveler has the right to terminate the package travel contract without payment. of a severance payment. In the event of termination of the package travel contract pursuant to this article, the traveler is entitled to a full refund of all amounts paid for the package, but cannot claim additional compensation.

11.3

The organizer will refund all amounts paid by or on behalf of the traveler within fourteen days at the latest, less the cancellation fee.

Article 12: Non-conformity during the trip

12.1

The traveler shall inform the organizer without delay of any non-conformity that he has identified during the performance of a travel service included in the package travel contract.

12.2

If one of the travel services is not performed in accordance with the package travel contract, the organizer will remedy that non-conformity, unless:

1° is impossible, or

2° entails disproportionately high costs, taking into account the degree of non-conformity and the value of the relevant travel services.

If the organizer does not remedy the non-conformity, the traveler is entitled to a price reduction or compensation in accordance with Article 15.

12.3

If the organizer does not remedy the non-conformity within a reasonable period determined by the traveler, the traveler has the option to do this himself and to request reimbursement of the necessary expenses. It is not necessary for the traveler to set a time limit if the organizer refuses to remedy the non-conformity, or if an immediate solution is required.

12.4

If a significant part of the travel services cannot be provided, the organizer will offer, at no additional cost to the traveler, other arrangements of, if possible, equivalent or higher quality.

If the other proposed arrangements lead to a package trip of lower quality, the organizer will grant the traveler an appropriate price reduction.

The traveler can only reject the other proposed arrangements if they are not comparable to what has been agreed in the package travel agreement, or if the price reduction granted is insufficient.

12.5

If the non-conformity has significant consequences for the performance of the package and the organizer has not remedied it within a reasonable period of time set by the traveller, the traveler may cancel the package travel contract without paying a cancellation fee and, where appropriate, request a price reduction. and/or request compensation. If the package travel includes passenger transport, the organizer also provides for repatriation of the traveler.

If no other arrangements can be proposed or if the traveler rejects the other proposed arrangements, the traveler is entitled to a price reduction and/or compensation, if applicable, even without cancellation of the package travel agreement.

12.6

If, due to unavoidable and extraordinary circumstances, the return of the traveler as agreed in the package travel contract cannot be arranged, the organizer shall bear the costs of the necessary accommodation, for a maximum of three nights per traveler.

12.7

The limitation of costs referred to in 12.6 does not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to minors traveling alone and to persons requiring specific medical assistance, provided that the organizer informs them at least 48 hours before the have been informed of their particular needs at the beginning of the package.

12.8

The organizer may not invoke unavoidable and extraordinary circumstances to limit liability if the carrier concerned cannot rely on them under the applicable Union law.

12.9

The traveler can address messages, requests or complaints in connection with the implementation of the package travel directly to the retailer from whom he purchased the package travel. The retailer shall forward these messages, requests or complaints to the organizer without delay.

Article 13: Liability of the traveller

The traveler is liable for the damage incurred by the organizer and/or retailer, their employees and/or representatives through his fault, or if he has not fulfilled his contractual obligations.

Article 14: Liability of the organizer and the professional

14.1

The organizer is liable for the performance of the travel services included in the package travel contract, regardless of whether these services are provided by the organizer or by other travel service providers.

14.2

If the organizer is established outside the European Economic Area, the retailer established in a Member State will be subject to the obligations of organizers, unless the retailer proves that the organizer meets the conditions prescribed by the law of 21 November 2017.

Article 15: Price reduction and compensation

15.1

The traveler is entitled to an appropriate price reduction for any period in which there was non-conformity of the services provided, unless the organizer proves that the non-conformity is attributable to the traveler.

15.2

The traveler is entitled to appropriate compensation from the organizer for all damage incurred as a result of non-conformity. The compensation will be paid without delay.

15.3

The traveler is not entitled to compensation if the organizer demonstrates that the non-conformity is due to:

1° the traveller;

2° a third party who is not involved in the performance of the travel services included in the package travel contract, and the non-conformity could not be foreseen or prevented, or

3° unavoidable and extraordinary circumstances.

Article 16: Obligation to assist

16.1

The organizer shall provide appropriate assistance to the traveler in difficulty without delay, in particular by:

1° provide useful information about medical services, local authorities and consular assistance;

2° assist the traveler in using remote communication and in finding other travel arrangements.

16.2

If the difficulties are the result of intent or negligence on the part of the traveller, the organizer may request compensation for this assistance. This compensation shall in no case exceed the actual costs borne by the organiser.

Article 17: Complaints procedure

17.1

If the traveler has a complaint before departure, he must report it to the organizer or retailer as soon as possible in a convincing manner.

17.2

Complaints during the implementation of the package travel contract must be reported by the traveler to the organizer or retailer as soon as possible on the spot, in an appropriate and evidential manner, so that a solution can be sought.

17.3

If a complaint was not satisfactorily resolved on the spot or if it was impossible for the traveler to formulate a complaint on the spot, he must submit a complaint without delay to the organizer or the retailer after the end of the travel contract in an evidentiary manner.

Article 18: Conciliation procedure

18.1

In the event of a dispute, the parties must first strive for an amicable settlement.

18.2

If this attempt at an amicable settlement fails, each of the parties involved can ask the non-profit organization Travel Disputes Committee to start a conciliation procedure. All parties must agree.

18.3

To this end, the secretariat will provide the parties with a conciliation regulation and a "reconciliation agreement".

18.4

In accordance with the procedure described in the Rules, an impartial conciliator will then contact the parties in order to pursue an equitable settlement between the parties.

18.5

Any agreement reached will be laid down in a binding written agreement.

Article 19: Arbitration or Court

19.1

If no conciliation procedure is initiated or if it fails, the claimant can, if desired, initiate arbitration proceedings before the Travel Disputes Committee or bring proceedings before the court.

19.2

The traveler can never be obliged to accept the authority of the Travel Disputes Committee, neither as claimant nor as defendant.

19.3

The organizer or retailer who is the defendant can only refuse the arbitration if the amount demanded by the claimant exceeds 1,250 euros. He has a period of 10 calendar days for this after receipt of the registered letter or e-mail with acknowledgment of receipt stating that a file with a claim from 1,251 euros has been opened with the Travel Disputes Committee.

19.4

This arbitration procedure is governed by a dispute regulation and can only be started after submitting a complaint to the company itself, as soon as it is established that the dispute could not be settled amicably or as soon as 4 months have passed after the (planned) end of the trip (or possibly from the performance giving rise to the dispute). Disputes regarding bodily injuries can only be settled by the courts.

19.5

The arbitral tribunal, which is composed jointly, makes a binding and final decision on the travel dispute in accordance with the dispute regulations. There is no appeal against this.

Secretariat of the Travel Disputes Committee:

telephone: 02 277 62 15 or 02 277 61 80 (9 am to 12 pm) ; fax: 02 277 91 00

City Atrium, Rue du Progrès 50, 1210 Brussels

e-mail:reisgeschillen@clv-gr.be

Travel conditions BackTrail

The general travel conditions of the Travel Disputes Committee are supplemented on a number of points by additional travel conditions that are specific to BackTrail. BackTrail - company name idMedia bvba with registered office in Oosterzele (9860), Dorp 73 - is a recognized travel agency and affiliated with the VVR. It has the statutory insolvency insurance and the associated civil liability insurance. In addition, BackTrail also has the optional Civil Liability Operations and Calamities insurance.

Special travel conditions travel with BackTrail

Registration and payment

Your registration is done by signing the fully completed order form OR payment of the advance. The advance is 30% of the travel sum or is at least equal to the price of the plane tickets included in the trip. Airline tickets (if booked through BackTrail) must be paid in full at time of booking. The advance must be paid within 10 days after registration. Furthermore, the balance must be paid no later than 6 weeks before the departure date. Persons who register within 6 weeks before the departure date will pay the total travel sum in one go.

In the event of non-payment or late payment, BackTrail reserves the right to cancel the booking. In that case, the cancellation costs determined below will nevertheless remain applicable. Those who register other participants with their signature are liable for compliance with the travel conditions by the persons registered by them.

Change and dissolution by the traveler

Change fees already booked trips

If you wish to cancel your trip, you must inform BackTrail of this as soon as possible by telephone or e-mail and in any case confirmed by registered letter. In case of cancellation, the following cancellation costs must in any case be paid by the traveler to BackTrail, even if the cancellation is due to coincidence or force majeure.

The cancellation costs are variable according to the time of cancellation.

The correct date of cancellation is determined solely by the date of receipt by BackTrail. All amounts are indicated per person. Insurance premiums, change costs, administration costs are never refundable.

In case of cancellation, the following costs will be charged:

Individual and group travel
a- up to 60 days before departure: 25% of the travel sum (with a minimum of € 100 pp) (*)
b- between 31 and 59 days before departure: 50% of the travel sum (*)
c- less than 31 days before departure: 100% of the travel sum (*)
a+b+c = (*) To be increased by cancellation costs for plane and train tickets and additional cancellation costs by suppliers.

A cancellation insurance can possibly cover these costs, after examining your file. Name change is always accepted with reservation and insofar as this is possible. Any costs that this entails (including plane tickets already issued, costs already incurred at the destination, etc.) are 100% borne by the participant.

Travel time and program

1. The travel route as stated on the website and in the offers is indicative and has no binding character.
2. However, the traveler must take note of the indicative travel route and the details.
3. The timetables mentioned are indicative. The traveler must take into account in all circumstances that this can be changed both before and during the trip.
4. Changes in carrier schedules may affect travel time.
5. The tour operator bears no greater responsibility than the carrier itself for damage resulting from delays.
6. Participants must join the group at the agreed time and place. Any costs due to not (timely) joining the trip are for the account of the traveler. Services not enjoyed, as a result of late joining a group, are not refundable.
7. The traveler who deviates from the programmed travel route on his own initiative or eschews guidance and is therefore not present at the agreed times, bears the liability for all extra costs that this entails, and is not entitled to refund for services not enjoyed.
8. Travel dates and itineraries are subject to change and subject to flight confirmation by the airlines.

Nature of the trip

9. The traveler confirms that he is expressly aware of the adventurous nature of the trip, with the associated lack of comfort and possible program changes as a result of local circumstances in the country visited.

10. Given the nature of the trips, the traveler should be aware of some risks and a possible lack of or the sometimes limited level of medical assistance, infrastructure and means of communication. The traveler can in no way invoke the liability of the tour operator or the local operators.
11. Hotel classification is always a national or regional matter. Consequently, hotel and star ratings should always be assessed against the standards applicable in the travel destination

Dissolution and amendment by the tour operator

12. Sudden snowfall, storm, local conditions or other external circumstances may, among other things, mean that adjustments must be made to the program before or during the trip. Said adjustments may result in routes, excursions, accommodation and local transport deviating from what is indicated in the publication. The travel organizer undertakes to limit any adverse consequences for the traveler as much as possible. However, no additional rights can be derived from such program changes. When certain excursions or activities cannot take place as stated in the program due to exceptional weather conditions (stormy weather, extreme cold below -30°C, etc.), alternatives are provided or a refund is possible for these excursions, without, however, the right to any other compensation.
13. If a program change is required during the group trip due to factors independent of the will of the tour operator, the tour leader concerned will look for an equivalent alternative. The tour guide makes the final decision. In exceptional cases, the intended adjustments to the travel program may result in routes, excursions, accommodation or local transport deviating from what is stated in the brochure. In that case, the tour operator is obliged to offer the traveler alternatives that preserve the original character of the trip as much as possible.

Liability of the tour operator

14. The tour operator is not liable for unforeseen events arising from force majeure, such as unforeseen changes in regulations, delays or cancellations of flights, accidents, strikes, epidemics, weather conditions, war, etc., examples of which are not exhaustive. The extra transport or accommodation costs as a result of this are for the account of the traveler.

15. Neither the tour operator nor the tour guide will be liable for any arrest by the police and/or other authorities due to the traveler's non-compliance with the regulations. All consequences are the responsibility of the traveler.
16. Given the adventurous nature of the trip, the correctness of the services performed by third parties abroad will have to be assessed according to local customs and customs.

17. The individual traveler cannot hold the tour operator liable in any way for moral or material damage or injury, incurred during motorcycle rides, 4x4 drives, walks, trekking, or other both on and off the trails, as a result of errors or misinterpretations of the route descriptions, hiking maps or GPS devices made available. In all cases, the decision of the traveler himself is legally valid, and not the advice or instructions of any other person. The individual traveler knows and agrees that nature and driving conditions can change every day, without the travel organizer being able to do anything about it or foresee this.

Formalities

The traveler must take note of the information regarding the formalities to be fulfilled that are communicated by the travel agent.

18. The traveler must provide a valid identity card, valid for a minimum of 6 months after the return from the trip and possibly a travel pass or visa if necessary. Visa applications can be arranged by the tour operator (for a fee). All costs for applying for this visa are the responsibility of the traveller. The travel documents (visa and ticket) must be collected by the traveler or a person authorized by him at the office of the travel agency. If the traveler requests to send the documents, this will be done under the sole responsibility of the traveler.
19. The traveler must be responsible for any vaccinations. Since the tour operator has no medical qualification, the traveler must evaluate the information provided with a qualified doctor.
20. The traveler declares at the time of registration that there are no health risks to report. He also declares not to be in medical and/or paramedical treatment, nor to take medicines, which would in any way make the execution and/or participation in the trip more difficult for him/her and/or the fellow travelers, and undertakes report any change in that condition to BackTrail prior to travel. Personal damage, as well as damage to third parties, resulting from incorrect information in this regard, are fully at the expense of the traveler.
21. The traveler is responsible for all formalities regarding luggage and foreign exchange. In the event of non-compliance with the legal regulations of the country concerned, the resulting damage will be borne by the traveler.

22. At the time of registration, the traveler declares that he has the necessary technical skills required to follow and complete the journey, and this must be demonstrated by means of a certificate issued by BMW GS Riding Academy, unless parties mutually agree otherwise.

23. The traveler declares to be covered by an assistance insurance which does not exclude adventure travel, including the specific activities associated with the travel that is the subject of these general terms and conditions, nor does it provide for an exclusion to the country of the travel destination. '

24. The traveler undertakes to observe the appropriate safety measures at all times, including wearing appropriate safety clothing during motorcycle rides.'

Course of the journey

25. The traveler will have to follow the guidelines of the tour guide with regard to safety, the course of the trip, group events. In case of violation of the guidelines, a participant can be excluded from (further) participation without being able to claim compensation.

26. If during the trip it turns out that someone does not or no longer has the required attitude or condition to continue the trip, the tour guide can decide to send him/her back to the hotel or to the place of departure. Inconveniences and costs that would result from this are for the account of the traveler.
27. The traveler who causes nuisance and nuisance in such a way that the proper execution of the trip is made more difficult, can be excluded from further participation in the trip by the tour leader. All costs resulting therefrom are for the account of the traveller. The traveler is not entitled to a full or partial refund of the travel sum.

Luggage

28. The tour operator is not liable for loss, theft or damage to luggage. However, the possible liability of the carrier or hotel remains.

29. The advice on permitted baggage weight must be followed. Any additional costs for overweight are the responsibility of the traveler.

30. In the event of non-delivery of the luggage by the airline, the traveler must personally have the necessary certificates drawn up by the carrier (lost luggage department) and/or other official bodies.

Prices

31. Meals and overnight stays due to connecting times on flights en route to the destination are never included (unless stated otherwise).
32. Prices that are communicated by telephone by our reservation service are always subject to availability. Only written price confirmations are valid.
33. Each offer is made subject to availability and is only valid for a limited period of time (as stated on the offer).
34. Prices for flights, airport taxes and any fuel taxes are only guaranteed after the tickets have been issued

Complaints

35. For complaints for which the Travel Disputes Committee is not competent, only the courts in Mechelen, Mechelen division, are competent, whereby only Belgian law will apply.

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Liability and Remedy Waiver Statement

I, the undersigned, declare that I am 18 years or older, that I hold a valid driver's license, I acknowledge that I will voluntarily participate in the event. I have been made aware of the laws and regulations that apply during the duration of this event.

1. I acknowledge and understand that I will participate in an event whose Activities may therefore be dangerous and may involve a number of known and unexpected risks of SERIOUS PERSONAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property and to third parties and their property, which may be caused by my own actions or omissions, or by others participating in the Activities (including without limitation driver error, reckless driving by myself and other drivers, negligence by myself or other participants in using mine or other vehicle), the vehicle (including without limitation equipment failure), roads, surfaces, facilities, weather conditions, other vehicles, persons or obstacles (including without limitation collision with other vehicles, other participants, as well as objects by man or the nature), and other circumstances in which the Activities take place, negligence in maintenance or supervision of the vehicle and/or participants, or negligence or misconduct of any of the "Non-Liable Parties" listed below. I understand the dangers of operating or being a passenger in an uncovered motor vehicle on public roads, streets, highways, including without limitation the risks listed above.

I expressly agree to assume the entire risk of all damages, events, accidents and personal injuries, including but not limited to disability or death, which may befall me through participation in the Activities identified or not in this Statement and Waiver of Remedies / Indemnification Agreement (this "Agreement") (even if caused in whole or in part by the negligence or misconduct of the Non-Liable Parties listed below).

I undertake to comply with and observe all applicable safety laws and standards when using my vehicle, to wear appropriate and approved safety clothing, to use the vehicle in a responsible and safe manner during the event and not to drive it under the influence of drugs, alcohol or any other substance that may affect my ability to drive.

2. I agree to participate in an event to evaluate my driving skills in a closed course before using this vehicle on public roads.

3. In view of my participation in this event, I declare that I am fully and ultimately responsible for all damages and injuries that may arise from my participation in this event, however caused, without limitation. I hereby definitively waive the right to seek any recourse on behalf of myself and on behalf of my heirs, personal representatives, insurers, heirs, assignees and other legal representatives in this matter againstBackTrail, its subsidiaries and other affiliated companies, landowners and/or tenants/landlords, as well as their employees and/or directors, or to submit claims to them.

4. I will not participate in the Activities if I have a physical or mental condition that would make my participation in the activities a reckless risk to myself, other participants in the Activities and/or any other party. I will not participate in the Activities if I have a physical or mental condition that could be aggravated by my participation in the Activities, or interfere with my ability to participate in the Activities. I can see and hear well enough to operate a motor vehicle correctly and safely and need glasses or contact lenses or a hearing aid to operate a motor vehicle correctly and safely.

5. Use of Photos/Image

I understand and agree to allow the Non-Liability Parties to use, reproduce, edit, distribute, perform and publish my name, voice, photo, likeness, performance delivered or recorded at the Activities for advertising purposes , promotion and other purposes through any medium (print, promotional material, internet, video or otherwise) worldwide without limitation in time and without any notice, further authorization or payment of any kind.

I hereby waive any right I may have to inspect and/or approve the final product or advertising material that may be used in connection therewith. I hereby agree to release and release the debtless Non-Liability Parties from any and all liability resulting from any blurring, distortion, alteration, optical illusion or use in compositions, whether intentional or unintentional, which may occur or are produced in the taking of this photograph, or in any process towards the completion of the finished product, unless it can be shown that this material and its publication was maliciously caused, produced and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, blame, contempt and humiliation.

6. It is agreed that no person other than myself may use the vehicle and, should this not be the case, I shall be fully liable to such persons for the safe use of the vehicle; I must ensure that they are 18 years of age or older and have them sign a copy of this Liability and Recourse Waiver. This statement applies to the user and binds his heirs and entitled parties.

7. I acknowledge that in the event of damage to public property, roads, grass areas, pasture, agricultural fields, I am liable for the repair costs and I undertake to pay all repair costs incurred in this way.

I, the undersigned, declare that I agree with this and that I have read this statement and that I have understood and accepted its provisions. I sign this exclusion and limitation of liability statement voluntarily and I further declare that there are no other statements or texts other than the terms and conditions of this statement. This statement is subject to Belgian law and will be interpreted in accordance with such legislation. All disputes will be settled in the court in Mechelen.

On the basis of which I have signed this statement and this when registering an activity.