TERMS & CONDITIONS

1. INTRODUCTION

These Terms and Conditions apply between you, the User of this Website, and Holeshot Holidays Spain S.L. ("the Organiser", "we", "us", or "our"), the owner and operator of this Website. By accessing or using this Website or booking any tour or service, you agree to be bound by these Terms and Conditions. If you do not agree, you must stop using the Website immediately.

"User" or "Participant" means any third party accessing the Website or participating in a tour, excluding employees or contractors acting in the course of their duties.

2. TOUR (AND RENTAL) AGREEMENT

2.1 A contract between the Participant and the Organiser is formed only upon written confirmation of the booking by Holeshot Holidays Spain S.L.

2.2 This confirmation constitutes a binding agreement between the parties.

3. SCOPE OF SERVICES

3.1 The scope of services is defined exclusively by the tour description valid at the time of booking.

3.2 Any services not expressly listed are not included.

3.3 The Organiser reserves the right to make necessary changes to:

  • Tour schedules
  • Accommodation

provided that equivalent services are offered where reasonably possible.

4. REQUIREMENTS FOR PARTICIPANTS

4.1 Participants must hold a valid driving licence where required.

4.2 Participants must wear appropriate protective riding gear, including a helmet at all times.

4.3 Participation is at the Participant's own risk. Each Participant is solely responsible for ensuring they have the necessary skill, fitness, and experience.

4.4 The Organiser has no obligation to assess or verify a Participant's ability.

5. MOTORCYCLE BOOKINGS

5.1 Motorcycle bookings must be made at the time of tour booking and may only be used during the booked tour period.

5.2 The Organiser provides motorcycles in good working condition. The Participant agrees to use the motorcycle responsibly and in accordance with all instructions provided.

5.3 The Participant shall not be held liable for accidental or minor damage arising from normal use during the tour, provided that the motorcycle is used responsibly and in accordance with the rules of the tour.

5.4 The Participant shall be fully liable for any damage resulting from:

  • Reckless riding
  • Dangerous or abusive use of the motorcycle
  • Riding under the influence of alcohol or drugs
  • Failure to follow the instructions of the Organiser or tour staff
  • Use of the motorcycle outside the permitted conditions of the tour

5.5 In cases where damage occurs, the Organiser reserves the right to assess the circumstances and determine whether the damage resulted from reckless or negligent behaviour.

6. TRAVEL DOCUMENTS

6.1 Participants are solely responsible for:

  • Passports
  • Visas
  • Vaccinations

6.2 The Organiser accepts no responsibility for failure to comply with these requirements.

7. CONDUCT AND TERMINATION

7.1 The Organiser reserves the right to terminate participation without refund if the Participant:

  • Seriously breaches safety rules
  • Disobeys instructions
  • Violates traffic laws

7.2 In such cases, the Organiser may repossess any rented motorcycle.

8. LIABILITY

8.1 Participation in motorcycle tours and related activities involves inherent risks, including the risk of serious injury, death, or property damage. By participating, the Participant acknowledges and accepts these risks.

8.2 The Participant confirms that they:

  • Possess the necessary skills, experience, and physical fitness required
  • Understand the nature of the activity and associated risks
  • Voluntarily assume full responsibility for their participation

8.3 To the maximum extent permitted by applicable law, the Organiser shall only be liable for damages caused by intent or gross negligence.

8.4 In cases of ordinary negligence, the Organiser's liability shall be limited to foreseeable and typical damages, and in any event shall not exceed three (3) times the total booking price.

8.5 The Organiser shall not be liable for:

  • Loss of enjoyment, profit, business, or opportunity
  • Indirect or consequential damages
  • Loss or damage to personal belongings
  • Actions of third parties or other participants
  • Events beyond reasonable control (force majeure)

8.6 The Participant shall be fully liable for any damage or loss caused to third parties or property as a result of their actions, particularly in cases of reckless or negligent conduct, and agrees to indemnify and hold harmless the Organiser from any related claims.

8.7 Nothing in these Terms shall exclude or limit liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any liability which cannot be excluded under Spanish law

8.8 The Participant is strongly advised to obtain appropriate insurance, including:

  • Personal accident insurance
  • Travel insurance
  • Personal liability insurance

8.9 The Organiser reserves the right to require the Participant to sign a separate liability waiver and risk acknowledgment form prior to participation. Failure to do so may result in refusal to participate without refund.

9. PAYMENT

9.1 Bookings require either:

  • Full payment; or
  • A deposit with the balance due 30 days before the tour

9.2 Any bank charges are borne by the Participant.

10. CANCELLATION BY PARTICIPANT

10.1 The Participant may cancel their booking at any time by providing written notice to the Organiser.

10.2 The deposit paid at the time of booking is non-refundable, unless the Organiser agrees otherwise in writing.

10.3 If cancellation is made more than 30 days prior to the scheduled start date of the tour, any payments made by the Participant in excess of the deposit shall be refunded in full.

10.4 If cancellation is made 30 days or less before the scheduled start date, no refunds shall be issued. However, the Organiser may, at its sole discretion, offer the Participant the option to transfer the amount paid (excluding the deposit) to another tour or package.

10.5 Any such transfer:

  • Is subject to availability;
  • Must be used within a reasonable timeframe specified by the Organiser; and
  • May be subject to additional administrative or price adjustment costs.

10.6 Refunds (where applicable) will be processed within a reasonable period following confirmation of cancellation.

10.7 The Participant acknowledges that the deposit represents a genuine pre-estimate of the administrative costs and reservation commitments incurred by the Organiser.

10.8 Nothing in this clause affects any rights the Participant may have under applicable consumer protection laws.

11. TRANSFER OF BOOKING

11.1 The Participant may transfer their booking to another person, provided that:

  • The replacement participant meets all requirements for participation; and
  • The Organiser is notified within a reasonable time prior to the start of the tour.

11.2 The original Participant and the replacement participant shall be jointly and severally liable for:

  • Any outstanding payments; and
  • Any additional administrative costs arising from the transfer.

11.3 The Organiser shall not be liable for any costs, losses, or expenses incurred by the Participant in connection with the transfer of the booking, including but not limited to:

  • Airline ticket changes or cancellations
  • Accommodation changes
  • Transport or travel-related costs
  • Third-party service fees

11.4 Transfers are not possible for services already issued or confirmed with third parties, including but not limited to airline tickets, unless otherwise agreed by the Organiser.

12. TOUR CANCELLATION BY ORGANISER

12.1 The Organiser may cancel or modify tours due to:

  • Insufficient participants
  • Safety or operational reasons

12.2 In such cases, Participants are entitled to:

  • A full refund; or
  • An alternative tour of equal value

12.3 The Organiser is not responsible for third-party costs (e.g. flights).

13. INTELLECTUAL PROPERTY

13.1 All Website content is owned by or licensed to the Organiser.

13.2 Content may only be used for personal, non-commercial purposes.

14. PROHIBITED USE

Users must not:

  • Damage or interfere with the Website
  • Use it unlawfully
  • Copy or distribute content without permission

15. THIRD-PARTY LINKS

15.1 The Website may contain links to external sites.

15.2 The Organiser accepts no responsibility for their content or use.

16. WEBSITE AVAILABILITY

16.1 The Website is provided "as is" without warranties.

16.2 The Organiser does not guarantee:

  • Continuous availability
  • Absence of errors or viruses

17. DATA PROTECTION

17.1 Personal data is processed in accordance with applicable data protection laws, including the GDPR.

17.2 Data may be used for:

  • Booking administration
  • Marketing (with opt-out available at any time)

18. APPLICABLE LAW AND JURISDICTION

18.1 These Terms shall be governed by the laws of Spain.

18.2 Any disputes shall be subject to the jurisdiction of the courts of the registered office of Holeshot Holidays Spain S.L., unless applicable consumer protection laws provide otherwise.

19. SEVERABILITY

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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