Terms & Conditions
These Terms and Conditions constitute the contract entered into between you, the customer, (also referred to as “Participant”) and M2MotoTours LLC (referred to hereafter as “M2, or “we” ) and any of its subsidiaries.
All Tours are operated by M2 MotoTours LLC, a Delaware corporation.
A “Tour” refers to the product sold by M2 MotoTours and is generally comprised of a collection of itineraries traveled via motorcycle, along with guide, lodging, meals, and possibly activities. The “Tour” is described in detail on the M2 MotoTours website.
All reservations are on “a first-come first-served” basis. By completing a reservation you become a “Participant”. All Participants are required to sign the Booking Form and the Terms & Conditions or complete the on line booking form accepting these Terms and Conditions. By virtue of completing an on-line form or form in writing, you accept these Terms & Conditions. M2 reserves the right to decline any booking at our discretion.
The contract and all matters arising from it are subject to the laws of the State of Delaware and any disputes will be resolved via mediation or competent court of law exclusively in the State of Delaware. In the event that any of the provisions of this contract shall be determined by any Court to be invalid, unlawful or unenforceable to any extent then such provision shall to that extent be severed from the remaining provisions of the contract, which shall continue to be valid and enforceable.
A 25% deposit of the Tour Price is required on booking. Deposits are refundable up to six months before the Tour departure date. After this date deposits are non-refundable and non-transferable, irrespective of circumstances.
Your final balance is due twelve weeks prior to departure. Reservations made within twelve weeks of the departure date will only be accepted with full payment.
Failure to pay the balance by the due date may result in cancellation of your booking at the discretion of M2.
Your Tour Price includes all services as listed under the section “During this tour” web page of the relevant Tour, as well as a Tour recap provided to you either electronically or by regular mail. Anything not listed as included is excluded.
Participants who purchase a Solo Rider package may possibly share a room with another customer. M2 will try to honor any requests for a single occupancy room which is entirely subject to the availability of our lodging partners. Single room requests are subject to a slight upcharge which will be communicated to you either electronically or by mail. Shared rooms will only be allocated to Participants of the same sex.
Participants who wish to make any changes to the published Tour may request personal amendments. An administrative fee of $50.00 will be charged for handling any requests whether or not the amendments are possible. Additionally you are responsible for any increase in direct costs that may be applicable. This may then result in an overall additional charge which is payable according to the payment terms on the M2 invoice provided to you. Amendments requested less than eight weeks before the Tour departure will only be dealt with at a full extra cost to the Participant, with no refund of any monies paid.
Prices are correct at the time of printing/publication. However circumstances beyond our control, e.g. Government action, taxes, and currency fluctuations may cause an increase. If such cases arise we will absorb amounts equivalent to 2% of the tour cost although we reserve the right to pass on surcharges larger than this providing they occur more than eight weeks before departure.
6. Tour Changes
As Tour arrangements are made many months in advance, it is possible that minor changes to an itinerary might be necessary. Participants will be notified of these changes either electronically and/or the changes will be updated on the M2 MotoTours website.
If significant changes are made after the Participant has booked, e.g. changes to date or point of departure, ultimate destination and location/quality of the main hotel, or a major change to the tour itinerary which reduces the quality of the tour, we will notify the Participant.
Participants are free to continue with the Tour with the revised itinerary or accept the offer of an alternative Tour of the same value. Alternatively, the booking may be cancelled in accordance with the reservation cancellation clause 12. During the Tour minor changes may be necessary due to events such as construction, weather, force majeure or other. M2 will put forth its best efforts to minimize changes whenever possible.
M2 cannot be held responsible for unforeseen delays during a tour, due to, but not limited to weather conditions, road closures, or other modes of transport i.e.ferry crossing. In the event of any delay Participants will be responsible for providing all their own additional meals, travel and accommodation.
If your flights or other travel have been delayed prior to the start of a Tour, any financial or other consequences of not arriving the specified time / date for the start of the Tour is entirely your responsibility. M2 has no obligation whatsoever to provide any compensation or refund for any part of the Tour missed.
8. Force Majeure
Means unusual and unforeseeable circumstances which are beyond normal control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war, or threat of war, riot, civil strife, industrial dispute, strikes, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, volcanic activity, fire and adverse weather conditions.
In the event of any of the above, M2 is not responsible for refunds or compensation of any part of the Tour, and you will be responsible for providing additional meals, travel and accommodation.
Participants must be at least 21 years old and have at least 2 years of motorcycling experience on motorcycles with a displacement of at least 650cc.
Participants require a valid passport for visiting the countries on their chosen tour. Your passport must be valid for six months after the end date of your Tour. If visas are required it is your responsibility to obtain these visas or permissions. The cost of obtaining any visa is also your responsibility.
In addition to your passport, all Participants must have the following original documents in their possession during the Tour:
- Valid Driving Licence with authorization for motorcycles and International Driving Permit where required by countries outside the EU.
- Personal travel and medical Insurance, with 24 hour emergency telephone helpline, your policy should provide adequate coverage for treatments and repatriation in the event of a motorcycle accident.
- All EU Participants should carry a ‘European Health Insurance Card’ (EHIC). All non EU Participants should carry proof of insurance on their person. If you require prescription medications, you should bring valid prescriptions in case you need to refill your medication.
- Where Participants are riding their own motorcycle on Tour, Participants must arrange insurance to cover 24-hour emergency, accident and breakdown recovery for their motorcycle.
- Where Participants are riding their own motorcycle on Tour, Participants must carry the Vehicle registration document (V5 for UK registered vehicles) or other title / registration documents for non-UK vehicles.
M2 is not responsible for any disruption to a Tour due to you failing to obtain and carry the requisite documents, or your loss of these documents. Any additional direct and indirect costs incurred by you to replace your documents or causing you to abandon the Tour are your responsibility and M2 is not responsible for refunding any part of the Tour missed.
11. Your Motorcycle
If you elect to use your own personal motorcycle, you are required to ensure that their motorcycle is in a good working condition, meets all legal requirements for any of the countries you may be riding in, has valid insurance, has any necessary road fund licenses for the countires you may be riding in and vehicle inspections are up to date where applicable. You are responsible for your motorcycle, its use and conformity to local laws and regulations. You are required to ride your motorcycle in accordance with local laws and regulations. Any motorcycle accident involving you is under no circumstances M2’s responsibility.
Should your motorcycle suffer a mechanical failure or accidental damage, whether caused by you, other Participants or an unrelated third party, it is not the responsibility of M2.
M2 is not liable for any direct or indirect costs incurred as a result of any mechanical failure or accidental damage to your motorcycle. If you are unable to continue the tour due to any mechanical or other issues related to the use of your motorcycle, M2 will not refund any part of the Tour missed.
12. Our Motorcycles
To use one of our motorcycles you must produce three forms of identification. At least two must be your passport and complete valid photo ID driving license: For the third form, a recent utility bill (under three months old) and either a credit card, passport, driving license, bank statement, or second utility bill will suffice. The original documents must be available prior to providing you with a motorcycle. Failure to produce suitable documents will mean we are unable to provide you with a motorcycle. In this event we are not liable for any costs or losses as a result of you being unable to take part in the Tour and no refund will be made.
The following is applicable for using a M2 motorcycle:
- All motorcycles provided are subject to availability. If the motorcycle you requested is not available, M2 will provide you a comparable model.
- A minimum of the legally required third party insurance coverage is in place. Participants can decide to increase the level of coverage.
- Any one way hire fees are included with the Tour price.
- Fuel is provided while riding with the M2 guided group. If you use the motorcycle outside of the group guided rides, you are responsible for fuel.
- Accessories provided with the motorcycle hire will be stated on each “What’s Included” Tour Page on our website. .f) All Participants will be required to leave a $1,500 deposit which will be forfeited if the motorcycle incurs any damage. Participants will also be responsible for further charges as stated below:
- Fees for late return of the motorcycle
- Fees for not returning the motorcycle with a full fuel tank
- Missing additional accessories required.
- Any damage or theft of the motorcycle or accessories, keys etc, regardless of who may have caused it.
- Any repairs needed for a tire puncture.
- g) You have a motorcycle driving license or motorcycle endorsement for at least 2 years from the date of reservation and for motorcycles with a displacement greater or equal to 650cc
- Your driving license has not been suspended during the 3 years preceding the date of reservation.
- You have neither been refused vehicle (automobile or motorcycle) insurance, nor has your existing vehicle insurance been cancelled during the 3 years prior to the date of reservation.
- If you provide fraudulent documents, statements or other which may result in our insurance carrier not covering you and/or your passenger, any fees, fines, costs, indemnities, damages are entirely your responsibility. Should this arise, you authorize M2 to debit your credit or debit card for the full amount of any of the aforementioned.
This and what follows is a summary of the Terms and Conditions for using one of M2’s motorcycles. For the full terms and conditions please refer to the motorcycle rental contract prior to signing.
All bikes are covered with comprehensive insurance with a 1000 euro deductible. Payment of the deposit can only be made by debit or credit card. This is taken in case of any damage, theft or charges incurred whilst the bike is in your possession, on signing the rental agreement form you are authorizing M2 to debit your card for any additional charges, these include: extended rental periods, damage, late charges, fuel refills, over mileage, punctures or unpaid penalty charges. Deposits will be refunded when vehicle is returned undamaged (subject to inspection).
In the event of an accident during your hire, should the bike become unusable or un repairable within your hire period, we offer no full or partial refunds nor a replacement bike. In the event of an accident or rider error, for example wrong fuel, loss of keys etc, you will be covered by BMW Emergency Service, however you will be responsible and charged accordingly for repairs, loss or damage.
In the event of a breakdown you will be covered with BMW Emergency Service which makes provision for a replacement vehicle if the motorcycle cannot be repaired within a certain time. This replacement vehicle may not always be a motorcycle. We do not always Tour with spare motorcycles and so the replacement offered by BMW Emergency Service is the full extent of any replacement vehicle. However where possible and subject to availability M2 will use the replacement vehicle and you may use a M2 motorcycle, but M2 makes no guarantee that this will be possible in every case. In the event of a breakdown that delays or interrupts your holiday then no full or partial refunds are available.
Any recent driving offenses and accidents must be declared to us prior to taking possession of the motorcycle and must be acceptable to our insurers. Failure to advise us in advance may result in the refusal of providing you with a motorcycle.
It is expressly forbidden to use any of our vehicles for competition, rally, trial, track day, motorcross, enduro events, performance test, race of trial of speed whether between motor vehicles or otherwise.
All speeding tickets, parking fines, congestion charges, toll charges and any other chargeable offences are your responsibility. All penalty charges that are dealt with by M2 will incur an administration charge of $75.00 per item. You need to be aware that you are responsible for any damage, excess tire wear, tire damage and punctures up to the level of the insurance excess. Loss of, damage to or theft of the GPS unit is not covered under insurance and the hirer will be responsible for the cost of the replacement with an identical / upgraded unit at current market prices. This cost is in addition to any amount due under the insurance excess / deductible. By signing the Rental Agreement you are authorizing M2 to deduct the appropriate amount directly from your credit or debit card should the unit be lost, damaged or stolen.
13. Our Responsability
M2 is responsible for ensuring that any part of the Tour, where it is within their control, is supplied as described in the and that the local suppliers of services are efficient and reputable. During the Tour some amenities, eg hotel elevators, swimming pools etc, require regular servicing and cleaning and therefore may be inaccessible at times. M2 cannot be held responsible for some amenities being affected by weather conditions or mechanical breakdowns.
The Tour Operator cannot be held responsible for death, personal injury or illness caused by activities engaged in which are outside the tour itinerary. The Tour Operator also cannot be held responsible for death, personal injury or illness howsoever caused unless we are shown to be negligent.
14. Tour Cancellation
M2 reserves the right to cancel a Tour if there are four or less motorcycles booked. In such cases a Participant will be offered an alternative Tour or a refund of all monies paid. Notification will be given at least three weeks prior to departure. Prior to cancellation, M2 will offer all participants the possibility of paying a slight upcharge equal to the number of motorcycles lacking to ensure the Tour will continue as planned. .This upcharge will be credited to your account if enough last minute reservations are booked
If the Tour is cancelled, M2 will not be liable for additional costs or losses incurred by you due to the cancellation of the Tour. This includes, but is not limited to, the cost of prepaid airline tickets, hotel reservations, or car rental costs or any other related costs.
15. Reservation Cancellation
If you cancel your reservation the following charges will apply:
- Your deposit is refundable up to six months prior to the tour start date. After this date the deposit is non-refundable and non-transferable.
- Twelve weeks prior to departure, cancellation charges of 50% of the total Tour cost. Less than twelve weeks’ notice, cancellation charges are 100% of the total Tour cost.
- If for any reason a Participant decides to cancel or shorten a Tour during its duration, no refunds will be made. Refunds of your Tour payments should be referred to your travel insurance provider.
- If for any reason a Participant is unable to complete a Tour for any reason, the Participant is responsible for any fees that may apply for transporting the motorcycle to arrival point.
- If you need to cancel a Tour more than 12 weeks from the departure date, M2 will provide a refund within 90 days from the date of your cancellation. The formula to compute the refund amount is as follows: (Total money paid by you) minus (any cancellation charges as described above)=the amount of your refund.
16. Reservation Transfer
If you, for any reason, are unable to travel, you can request that your reservation be transferred to a third party subject to prior approval by M2. You attest that the third-party you designate meets all the requirements and obligations stated herein. In such cases at least three weeks’ notice should be given and the changes will be subject to an administration fee of $150.00 plus any additional direct costs incurred. If M2 rejects your request of transferal, than the terms of section 14 Reservation Cancellation will apply.
You are required to follow instructions or directives by M2 guides. If you fail to comply with any directives you will receive a warning from an M2 guide. If you continue any reckless behavior which presents any danger to yourself, passenger, M2 personnel (or property) or third-parties, you will be immediately excluded from continuing the Tour. You will immediately surrender the keys to the motorcycle if it is ours. If you are travelling with a passenger, your passenger will be excluded as well. In the case of exclusion, no refund whatsoever will be provided and you will be responsible for any additional costs incurred by M2 in transporting our motorcycle to the arrival point.
You are aware that we take photographs, videos and films during the tour. We reserve the right to use any such material for any advertising, brochures and video production, and other marketing uses (including footage for television) without obtaining further consent. If you send, share or give us photographs or files through any media including Facebook and Twitter, you are also granting us the right to use such material for any advertising, brochures and video production, and other marketing uses (including footage for television) without obtaining further consent.
19. Personal Injury
You are liable for all personal injuries and damage to property caused by your intentional misconduct, or negligence and shall indemnify and hold M2, its owners, employees, and its affiliates harmless against any and all personal or third party claims against M2 its owners, employees, and its affiliates in connection with any such injuries, death and/or damage. Damage caused by your intentional misconduct or negligence, in particular but not limited to, damage attributable to driving mistakes, driving under the influence of drugs, medications, or alcohol, fatigue, lack of driving ability and/or reckless driving behavior (for instance, wheelies, drifting, making a racing start, failing to comply with safety spaces between vehicles etc.) is entirely your responsibility. You acknowledge and understand all of the risks associated with motorcycling and any of the activities you may participate in during the Tour. It is also your expressed intent that your spouse and members of your family are bound to hold M2, its owners, employees, and its affiliates harmless against any and all claims in connection with any injuries, damages or death.
You also attest that physically you are able to perform and keep up with the group, and your riding skills permit you to participate in the Tour without endangering yourself, passenger, fellow riders or M2 guides. You are obligated to following any instructions or directives made by M2 guides. You are entirely responsible for any injuries or damage to property.
M2 reserves the right to periodically update the Terms & Conditions. You agree and consent to The Terms & Conditions in effect are those made available to you via the M2 website, or provided to you at the time of Tour departure.