General Terms and Conditions (GTC)
of
Motos & Wonders KLG

1. Conclusion of the contract & scope of application

A contract between the customer and Motos & Wonders KLG is concluded upon written or electronic booking and its confirmation by Motos & Wonders KLG.

In the case of tours lasting several days and involving overnight accommodation, Motos & Wonders KLG acts as a tour operator; the Federal Act on Package Tours (PRG) applies.

The pre-contractual information contained at the time of booking in the tour description, the booking confirmation or in individual agreements expressly confirmed in writing – in particular regarding services, minimum number of participants, total price, payment terms and any entry, transit, visa, vaccination and participation requirements, form part of the contract, unless expressly agreed

otherwise. Motos & Wonders KLG is entitled to set a registration deadline for individual tours. The date specified in the relevant brochure or booking confirmation shall be decisive. After the registration deadline has passed, bookings may be refused or may only be accepted upon express confirmation by Motos & Wonders KLG.

2. Registration deadline, minimum number of participants & cancellation

For certain tours, the minimum number of participants specified in the relevant tour description or booking confirmation applies. If this number is not reached, Motos & Wonders KLG is entitled to cancel the tour.

The deadline for registration specified in the relevant tour description or booking confirmation is decisive for the final decision on whether the tour will go ahead. Up until this point, Motos & Wonders KLG may cancel

the tour if the minimum number of participants is not reached. Notice of cancellation will be given in writing or electronically. Motos & Wonders KLG will inform the customer as soon as possible once it becomes apparent that the minimum number of participants is

unlikely to be reached. Unless expressly agreed otherwise, private tours will be take

place with as few as one participant. In the event of cancellation by Motos & Wonders KLG, any payments already made will be refunded in full. The customer shall have no further claims, provided that the cancellation is made in good time and is based on the agreed minimum number of participants. At the customer’s request, a rebooking or a credit note for an alternative tour may be arranged in lieu of a refund.

3. Prices, Payment & Price Changes

3.1 Day trips
The full tour price is payable at the time of booking, unless otherwise stated in the tour description or booking confirmation.

3.2 Multi-day tours with overnight accommodation
The tour price includes the services expressly stated in the relevant tour description or booking confirmation, in particular guide services, accommodation and scheduled programme items.
Services not expressly stated as included are not covered, in particular meals, fuel, tolls, personal expenses and individual additional services, unless these are expressly part of the booked package.

A deposit of 20 per cent of the tour price is payable upon booking. The balance must be paid no later than 30 days before the start of the tour. If the booking is made less than 30 days before the start of the tour, the full tour price is due immediately.

Booked additional services or extras agreed at a later date may be invoiced separately and are payable in accordance with the deadlines specified in the booking confirmation.

If the customer does not make use of services included in the tour price, either in whole or in part, or if they voluntarily opt for a different, less extensive or cheaper service, there is generally no entitlement to a refund or partial refund, provided that the waiver is not due to circumstances for which Motos & Wonders KLG is responsible.

Where, within the context of a tour, certain additional services or inclusive services are relevant or available only to individual participants due to their individual travel arrangements, vehicle configuration, place of origin or pre-existing circumstances, other participants shall have no entitlement to a substitute service, price reduction or partial refund.

3.3 Price changes
Price changes after the contract has been concluded are only permitted if they are attributable to changes in transport or fuel costs, changes in official levies or taxes, or exchange rate fluctuations, and these changes directly affect the specific tour price.

The customer shall be notified of any price change in writing or electronically no later than 3 weeks before the start of the tour.

If the price increase exceeds 10 per cent of the originally agreed tour price, this shall be deemed a material amendment to the contract. In this case, the customer is entitled to accept the change, withdraw from the contract free of charge, or choose an alternative tour offered.

Price reductions will be passed on to the customer accordingly.

3.4 Payment processing via payment service providers
Depending on the chosen payment method, payment processing is carried out via the external payment service provider Stripe (Stripe Payments Europe Ltd. or Stripe, Inc.).

As part of the payment processing, the necessary payment and transaction data is transmitted directly to Stripe and processed there. Motos & Wonders KLG has no access to full payment details, in particular to full credit card details.

Stripe’s Terms of Service and Privacy Policy also apply. Further information on data processing can be found in our privacy policy.

4. Cancellation by the customer

Cancellation by the customer must be made in writing or in text form. The date on which Motos & Wonders KLG receives the notice of cancellation is decisive for the calculation of cancellation fees.

In the event of cancellation by the customer, the following cancellation fees apply:
– up to 60 days before the start of the tour:
free of charge – 59 to 30 days before the start of the tour: 25% of the tour price –
29 to 14 days before the start of the tour: 50% of the tour
price – less than 14 days before the start of the tour: 100% of the tour price

. Substitutes as per clause 5 are permitted.

The customer reserves the right to prove that Motos & Wonders KLG has incurred no loss, or a loss substantially less than the flat-rate charges set out above, as a result of the cancellation.

If the customer fails to arrive at the agreed meeting point, does not commence the tour, or is unable to take part due to a lack of personal requirements or necessary travel documents, this shall be deemed a cancellation on the day the tour begins.

In the event of cancellation or changes, the actual external costs incurred, as well as a reasonable compensation for expenses, may be charged for additional services and special services that have been booked individually, already procured or specifically arranged for the customer. This also applies in the event of a cancellation that would otherwise be free of charge, provided that the customer was expressly informed of this at the time of booking.

In the event of defects or tour cancellation, the rights to rectification, price reduction and repatriation as set out in Clause 14 shall apply; there is no strict requirement for complaints to be made in writing.

5. Substitute / Transfer of the booking

The customer is entitled to name a substitute within a reasonable period before the tour begins, provided that this is still feasible from an organisational and practical point of view. This is subject to the substitute meeting all the eligibility criteria for the booked tour.

Motos & Wonders KLG may refuse the transfer if the substitute does not meet the participation requirements or if there are legal, organisational, regulatory or service-related reasons preventing it, particularly in connection with accommodation, transport, partner services or other booked services.

The person who originally made the booking and the replacement participant are jointly and severally liable for the tour price as well as for all actual and verifiable additional costs incurred, in particular for rebooking, name change, hotel, transport or other additional costs.

6. Entry requirements

Each participant is personally responsible for ensuring that they meet the personal, driving, health and legal requirements for taking part in the booked tour.

In particular, participants must
: – hold a valid driving licence required for the vehicle being used;
– use a vehicle that is registered for use on public roads, roadworthy and compliant with statutory regulations;
– be able to drive the vehicle they are using safely and under their own responsibility at all times;
– be physically and mentally capable of completing the booked tour safely, and must not be in any circumstances that would significantly impair their ability to participate safely;
– assess their driving abilities realistically and inform Motos & Wonders KLG or the guide immediately if they feel unable to cope with a stage, route or driving situation,
– wear complete and appropriate protective clothing, insofar as this is required for the vehicle used and the type of tour,
– behave considerately and not endanger either themselves or others,
– comply with the applicable traffic rules and legal regulations at all times, and
– carry all necessary identity, driving licence, vehicle and insurance documents, as well as any other documents required by law, when travelling abroad.

Participants ride at their own risk at all times, even when following the guide’s advice, recommendations or instructions.

Motos & Wonders KLG or the relevant guide is entitled, where this appears necessary for safety reasons – such as in cases of obvious overexertion, lack of riding confidence, inadequate equipment, an unsuitable vehicle or other safety-related concerns – to issue instructions, to adjust the pace or route, to order additional breaks, or to exclude

a participant, either wholly or in part, from further participation. There is no entitlement to the tour being conducted along a specific route, stage, riding style or level of difficulty. Any

fines, charges, penalties or other disadvantages arising from breaches of statutory provisions or official orders shall be borne exclusively by the participant concerned.

7. Exclusion from participation

Motos & Wonders KLG or the relevant guide is entitled to exclude a participant, either wholly or in part, from further participation in the tour if there are legitimate concerns regarding safety, behaviour or suitability.

Exclusion is permitted in particular if the participant
: – is not wearing the correct protective clothing;
– does not hold a valid driving licence required for the vehicle being used;
– is using a vehicle that is not roadworthy, unsuitable or does not comply with the law;
– is under the influence of alcohol, drugs, medication or is otherwise unfit to drive;
– endangers themselves or others;
– fails to follow instructions, safety guidelines or reasonable organisational instructions issued by Motos & Wonders KLG or the guide;
– clearly overestimates their driving ability or is demonstrably unable to meet the demands of the tour;
– or where other circumstances exist which make their continued participation appear unsafe.

In the event of imminent danger, exclusion may take place immediately. Exclusion may apply to individual stages, sections of the route or the entire remainder of the tour.

If a participant is excluded for a safety-related reason for which they are responsible, they shall have no entitlement to a refund of amounts already paid or to compensation for services not received. Any further costs arising from the exclusion shall be borne by the excluded participant themselves.

8. Changes to the contract and programme

Motos & Wonders KLG reserves the right to amend individual services or programme items before or during the tour, provided that the overall nature of the booked tour is maintained and the change is objectively justified and reasonable for the customer. This applies in particular to changes to routes, accommodation, stages or individual programme items due to safety reasons, weather conditions, road or traffic conditions, official requirements, local circumstances or the availability of service providers.

The customer will be notified immediately in writing or electronically of any significant changes to the agreed services. Significant changes include, in particular, those that substantially affect the overall nature of the booked tour, as well as price increases of more than 10 per cent of the agreed tour price.

In the event of a material change, the customer is entitled to accept the change, withdraw from the contract free of charge, or choose an alternative tour offered by Motos & Wonders KLG.

During the tour, Motos & Wonders KLG or the relevant guide is the direct point of contact for organisational matters, reports of defects and emergencies.

9. Force majeure and exceptional circumstances

If, as a result of force majeure or other extraordinary, unavoidable circumstances beyond the control of Motos & Wonders KLG, a tour cannot take place, cannot proceed as planned, or can only take place with significant changes, Motos & Wonders KLG is entitled to modify, reroute, postpone, partially cancel or cancel the tour entirely.

Such circumstances include, in particular – provided they are beyond the control of Motos & Wonders KLG – natural disasters, extreme weather and road conditions, official orders, border closures, political unrest, security situations, pandemics, strikes, road closures or other events that significantly impede or render impossible the safe or proper conduct of the tour.

In such cases, Motos & Wonders KLG shall take organisational measures appropriate to the specific circumstances. These include, in particular, changes to the route, stages, meeting points, accommodation or individual programme items.

To the extent required by law, any essential services not provided shall be refunded or otherwise appropriately compensated. Any further claims for damages are excluded, provided that Motos & Wonders KLG is not at fault.

Motos & Wonders KLG shall assist participants, to the extent reasonably practicable, with organisational matters relating to the continued running, interruption or termination of the tour.

10. Liability

Motos & Wonders KLG shall be liable for the proper performance of the contract within the framework of the applicable statutory provisions.

Motos & Wonders KLG’s liability shall be excluded or reduced to the extent that the non-performance, improper performance or damage is attributable to:
– an act or omission on the part of the customer;
– an act or omission on the part of a third party who is not involved in the provision of the contractually agreed services and which, despite exercising due care, was unforeseeable or unavoidable for Motos & Wonders KLG;
or – force majeure or an event which Motos & Wonders KLG could

not have foreseen or averted despite exercising due care. Participants take part in the tour using their own vehicle or a vehicle they are using, and do so at their own driving risk.
They remain personally responsible at all times for their driving style, speed, following distance, choice of route, braking behaviour, compliance with applicable traffic regulations and the safe operation of the vehicle they are using. Any advice, instructions or recommendations from Motos & Wonders KLG or the guide do not relieve participants of their own responsibility.

Motos & Wonders KLG’s liability is excluded or reduced, in particular, if the damage results from the customer overestimating their driving ability, fails to observe safety instructions, misjudges road, visibility, weather or traffic conditions, fails to maintain a safe distance from the vehicle in front, or operates the vehicle in an improper manner. Any contributory negligence on the part of the customer will be taken into account.

There is no contractual limitation of liability for personal injury. For other types of damage, Motos & Wonders KLG’s liability is limited, to the extent permitted by law, to twice the agreed tour price, provided that the damage was not caused intentionally or through gross negligence. Mandatory statutory provisions and applicable international conventions remain unaffected.

11. Arrangement of third-party services

Where Motos & Wonders KLG merely acts as an intermediary for third-party services – in particular hire vehicles, accommodation, transfers, events, admission tickets or other additional services – the contract for such services is concluded exclusively between the customer and the relevant third-party provider.

In such cases, Motos & Wonders KLG is not the provider or lessor of the third-party service arranged. The content, availability, condition, suitability, insurance, deposit, excess, handover, return and proper provision of such third-party services are governed exclusively by the terms and conditions of the respective third-party provider.

Claims arising from or in connection with such arranged third-party services must be made by the customer directly against the relevant third-party provider.

In such cases, Motos & Wonders KLG is liable only for the proper arrangement of the service, but not for the provision of the arranged third-party service itself.

If a hire vehicle or other third-party service is not merely arranged but is expressly offered and confirmed as an integral part of the tour service owed by Motos & Wonders KLG, the relevant services shall be deemed to form part of the scope of the contract.

12. Vehicles, breakdowns, faults and repatriation

Each participant is personally responsible for the technical condition, operational and road safety, the legally required registration, insurance and suitability for the tour of the vehicle they are using.

In the event of a breakdown, fault, accident, damage, failure or loss of the vehicle used by the customer, the customer is, as a general rule, personally responsible for towing, repairs, alternative transport, storage of the vehicle, return transport of the vehicle, and for their own onward or return journey.

In such cases, Motos & Wonders KLG will, within reasonable limits, assist the participant in organising appropriate measures, in particular by contacting breakdown services, garages, rental companies, transport firms, accommodation providers or insurance companies. Motos & Wonders KLG is under no obligation to bear the costs in such cases, provided that the cause is not attributable to a service for which Motos & Wonders KLG is responsible or to conduct for which Motos & Wonders KLG is liable.

Where rental vehicles, vehicle transport or other vehicle-related services from third-party providers are merely arranged, the contractual, usage, insurance and liability terms and conditions of the respective third-party provider shall apply exclusively. Claims arising from or in connection with such services must be made directly against the respective third-party provider.

If a hire vehicle, vehicle transport or other vehicle-related service is not merely arranged but is expressly offered and confirmed by Motos & Wonders KLG as part of the booked tour service, these services shall be deemed to form part of the scope of the contract.

13. Insurance

It is the responsibility of participants to take out and maintain insurance cover that is required by law and appropriate for the booked tour. Motos & Wonders KLG does not provide any additional personal, vehicle, travel, accident, breakdown, comprehensive, repatriation or return journey insurance for participants, unless expressly agreed otherwise in writing.

Each participant is personally responsible for ensuring that the vehicle they use has all the insurance, registrations and authorisations required by law and that these remain valid throughout the entire tour.

When using a hire vehicle, insurance cover, excess, deposit, scope of cover and claims settlement are governed exclusively by the contractual and insurance terms and conditions of the respective hire company or third-party provider.

In the case of arranged transport services, in particular vehicle transport, the terms and conditions of the respective transport provider or third-party provider shall apply exclusively with regard to insurance, liability and claims settlement.

Motos & Wonders KLG recommends taking out appropriate insurance and assistance cover, in particular for:
– third-party liability,
breakdown assistance,
trip interruption and return travel,
medical expenses and consequences of accidents,
as well as, depending on the tour package, vehicle damage, theft, return transport of the vehicle and excess risks for hire vehicles.

It is the sole responsibility of the participant to check whether existing insurance cover is sufficient for the booked tour, the vehicle used, the destination country and the specific use of the vehicle.

14. Defects, Rectification and Return

Any defects or complaints relating to the tour must be reported immediately upon discovery to Motos & Wonders KLG or the relevant guide on site. There is no strict requirement for complaints to be made in writing.

Motos & Wonders KLG shall endeavour, within reasonable limits, to provide appropriate redress. This may take the form, in particular, of rectifying the defect, making a reasonable adjustment to the programme, providing an equivalent alternative service or, where objectively justified, granting an appropriate price reduction.

If, as a result of a significant defect or due to force majeure, a substantial part of the booked tour cannot be provided in accordance with the contract and the tour is therefore cancelled, Motos & Wonders KLG shall organise the participant’s return in a manner that is objectively and organisationally appropriate, in accordance with the applicable legal provisions.

The repatriation applies exclusively to the participant as a person. Costs and arrangements relating to towing, repairs, accommodation, return transport or the repatriation of vehicles are not covered by this obligation, unless such a service is expressly included as part of the booked tour package.

Any further claims shall only arise within the scope of the applicable statutory provisions.

15. Data protection and image rights

Motos & Wonders KLG processes personal data in connection with the fulfilment of contracts, the organisation of tours and customer communications in accordance with the applicable privacy policy.

During the tour, photographs and video recordings may be taken for communication, documentation and marketing purposes. Motos & Wonders KLG is permitted to use such recordings provided that the individuals concerned do not object either beforehand or afterwards.

This applies in particular to group photographs, atmospheric shots and general impressions of the tour.

In the case of recordings in which individual persons are specifically highlighted, portrayed or used in a clearly identifiable manner for marketing purposes, Motos & Wonders KLG will, as a matter of principle, seek separate consent.

An objection to further use may be raised at any time with effect for the future. However, any publications or uses that have already taken place can only be reversed to the extent that this is reasonable and actually feasible for Motos & Wonders KLG.

In addition, the current privacy policy of Motos & Wonders KLG applies.

16. Information on entry, transit and compliance

Each participant is personally responsible for ensuring that they meet all entry, transit, residence, guide, vehicle, insurance and other legal requirements necessary for the booked tour and the countries visited or travelled through.

This applies in particular to:
– valid identity and travel documents;
– any necessary visas or entry permits;
– valid driving licences held by the participant;
– legally required vehicle and insurance documents;
– and compliance with customs, traffic, safety and other official regulations.

Motos & Wonders KLG may, to the best of its knowledge, draw attention to known general requirements for the tour in question. However, the responsibility for verifying personal requirements and for obtaining and ensuring the validity of all necessary documents and evidence lies solely with the participant.

If a participant is unable to commence the tour, continue the tour or enter a country due to missing, invalid or insufficient documents, permits or legal requirements, this shall be deemed a circumstance for which they are responsible. In this case, there is no entitlement to a refund, unless otherwise provided for by law.

Any additional costs, fines, fees, return travel, return transport, rebooking or assistance costs arising from non-compliance with such regulations shall be borne by the participant concerned.

17. Choice of law and jurisdiction

Swiss law shall apply.

This is subject to mandatory statutory provisions, in particular mandatory consumer protection regulations in force at the participant’s place of residence.

To the extent permitted by law, the place of jurisdiction shall be the registered office of Motos & Wonders KLG.