TERMS AND CONDITIONS
Tour Member Agreement Terms and Conditions version 30/9/9
DEFINITIONS In these terms and conditions:
“Applicant” means the person whose name and address is set out on the Tour booking form submitted;
“Contract” means the booking form supplied on the Kudu Expeditions Website, these Terms and Conditions, the Customer Information Pack relevant to the chosen tour and the Schedule of Rules which shall be applicable to the applicant if he/she is accepted as a tour member and each and every other document referenced in these documents; "Customer Information Pack" means the information pack supplied by the Tour Organiser to the Applicant and available on the internet at www.kuduexpeditions.com containing details of pre-trip preparations and training and information relating to the conduct of the Tours themselves;
"Deposit" means the amount specified at www.kuduexpeditions.com;
“Tour” means a supported or Self-Ride vehicle based tour run by Kudu Expeditions Limited, for the Term;
“Tour Leader” means any Tour leader under the employment of Kudu Expeditions Limited;
“Tour Staff” means any Tour personnel under the employment of Kudu Expeditions Limited;
“Tour Materials” means the following in whatever format or media, which contain information on any aspect of the business of the Tour Organiser or of the Tour: (a) all film, photographs, video footage, and other audio-visual materials, including Official Film; (b) all drawings, etchings, paintings, diaries, jottings, writing, reportage; or (c) any other artistic work, literary work, dramatic work or musical work, sound recording or film, as these terms are defined in the Copyright, Designs and Patents Act 1988;
“Tour Member” means a person accepted by the Tour Organiser and allocated a place on a tour run by Kudu Expeditions Limited;
“Tour Organiser” means Kudu Expeditions Limited;
"Fee" means the price of the Tour advertised at www.kuduexpeditions.com by the Tour Organiser and which is payable by the Applicant prior to departure on the Tour;
“Official Film” means all film, photographs or videotape taken or made with photographic film or video equipment and/or film or tape supplied by or through the Tour Organiser;
“Self-Ride” means an unescorted tour without support vehicles, supplies or Tour Staff in accompaniment;
“Sponsor IPR” means all sponsor and sponsor affiliate trademarks, trade names, logos and marketing indicia, any other intellectual property rights and materials (but excluding any Tour materials) that may be supplied by or on behalf of the sponsor to the Tour Organiser pursuant to a sponsorship agreement, if any, signed between them;
"Term" the term shall be at the discretion of the Tour Organiser.
A. THE TOUR AND KUDU EXPEDITIONS' TERMS AND CONDITIONS
- In consideration of the Fee, the Tour Organiser shall arrange a tour on behalf of the Applicant subject to the Contract.
- The Applicant is not required to make any payment in order to make an application to become a member of a tour.
- An application does not constitute a booking unless it is confirmed on receipt of the relevant non-refundable Deposit for the Tour applied for.
C. CURRENT INFORMATION/ENGLISH LANGUAGE
- The Applicant warrants that any information given to the Tour Organiser is correct and that he/she has a good command of written and spoken English.
D. FEES PAYABLE
- The Applicant shall pay the Deposit, subject to acceptance by Tour Organiser, when they submit their application to join the Tour.
- The Applicant shall pay the remaining balance of the Fee (i.e. less the Deposit) prior to departure on the Tour in accordance to the timescale for payments published on the Kudu Expeditions website. For the avoidance of doubt, the Fee shall not include any entrance fees, excursion Fees, vehicle insurance fees or flights. Nor shall it include any travelling costs for the Applicant to arrive at the Tour destination and to depart from the final destination. All the aforementioned Fees shall be at the Applicant's cost.
- Prices are correct at the time of printing, 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 six weeks before departure.
E. BINDING CONTRACT
- The submission of an application form by the Applicant shall constitute an offer by the applicant to enter into a binding agreement upon the terms of the Contract. The acceptance of the Deposit by the Tour Organiser shall create a binding agreement between the Tour Organiser and the Applicant subject to the Contract.
F. CONDITIONS OF ACCEPTANCE
- The Tour Organiser shall not be obliged to accept any Applicant onto a tour.
- In addition, during the Tour the Tour Organiser may expel the Tour Member for any reason whatsoever. More specifically, but without limitation should the Tour Member fail to comply with any or all of the following:
- to take full medical insurance;
- to hold a full motorbike licence for at least 2 years prior to the departure date of the Tour when the applicant wishes to ride a motorcycle belonging to Kudu Expeditions;
- to pay the Fee in full in accordance with the timescale published on the Kudu Expeditions website;
- to follow the instructions and guidance of the Tour Leader;
- to be capable of maintaining a vehicle of the type used on the Tour;
- to make the Tour Organiser aware of any reason why the Tour Member may be rejected during a visa application made during the course of the Tour;
- the Tour Organiser may in its absolute discretion, expel the Tour Member from the Tour.
G. DISCRETION OF THE TOUR ORGANISER
- The Tour Member understands that the Tour Organiser or the Tour Leader reserves the right in its absolute discretion to make changes at any time to any or all of the arrangements, services and proposals which may have appeared in brochures or publicity about the Tours including the route and the country in which the Tour is to take place.
- The Tour Member acknowledges and agrees that the Tour Organiser's primary concern is the safety of its Tour Members and as such agrees to allow the Tour Organiser total discretion in relation to the previous clause.
- The Tour Member is required to follow the instructions of the Tours Organiser and the Tour Leader at all times.
- If the Tour Member pursues any activity or route that the Tour Organiser or the Tour Leader has deemed unsuitable or unfit to be undertaken, the Tour Member shall undertake such activity or route at his or her own risk.
H. TOUR MEMBER APPLICANT AGREEMENT
- The Tour Member agrees with the Tour Organiser as follows:
- to provide any information requested by the Tour Organiser to determine his/her suitability as a tour Member;
- to provide medical information as requested by the Tour Organiser or the Tour Leader who is authorised to disclose such information to any other person as circumstances may require;
- to comply with the Customer Information Pack including more specifically, the Schedule of Rules (issued with the Tour Member's rider notes prior to the start of the Tour) as a tour Member and the Contract generally;
- to promptly notify the Tour Organiser, prior to the departure of the Tour, of any reason medical or otherwise which would prevent him/her from participating in the Tour or which would make it undesirable for him/her to do so;
- to maintain medical insurance for the duration of the Tour for him or herself; and
- to carry out such maintenance on the vehicle that the Tour Member uses personally on the Tour as is required by the Tour Organiser. The Tour Member shall be liable for any and all damage whatsoever caused during the Tour as a result of the use of his/her vehicle and the Tour Member shall indemnify the Tour Organiser and the Tour Leader and all third parties relating thereto against any claims proceedings, losses, liabilities, damages, costs, expenses of whatever nature arising out of any action made against the Tour Organiser, the Tour Leader and third parties relating thereto in respect of the Tour Member's use of the vehicle;
- to maintain 3rd party vehicle insurance cover for the duration of the Tour for him or herself;
- Acceptance as a tour Member is at the sole discretion of the Tour Organiser, who will not be obliged to disclose any reason for non-acceptance. If the Tour Member is not accepted by the Tour Organiser, he/she will receive a full refund of any Deposit made unless the Tour Member had been declined due to non disclosure of information or breach of contract.
- The Tour Organiser has the right to allocate and re-allocate the Tour Member to any vehicle and/or Tour Leader before or during the Tour.
- Communication with Tour Members will be by email and so all Tour Members are required to maintain a current email address throughout the period from submission of the application form to the start of the Tour.
I. VISAS AND PERMITS
- The customer shall be responsible for ensuring compliance with the passport, visa, health regulations and driving permits of the visited countries and for observance of the respective traffic regulations. If the customer cannot participate in or must prematurely terminate the tour due to failure to meet these requirements, the tour operator shall be exempt from any liability and shall not be obliged to refund payments to the customer.
J. DATA PROTECTION ACT 1998 CONSENTS
- In entering into the contract, the Tour Member acknowledges that the Tour Organiser shall process sensitive personal data within the meaning of the Data Protection Act 1998 on the Tour Member and may require to transfer this and other personal data outside of the European Economic Area. [For the purposes of the administration of the Tour]. The Tour Member hereby gives the Tour Organiser his/her consent to the processing of all the Tour Member’s personal data, including sensitive personal data and for transfer of any data outside of the European Economic Area, for the purposes of administration of the Tour.
K. APPLICANT WITHDRAWAL
- The Tour Member may withdraw his/her participation at any time during the Tour in writing to the Tour Leader. In such circumstances it is the responsibility of the Tour Member concerned to arrange and bear the cost for subsequent onward travel, repatriation, food and accommodation for himself/herself.
- The Tour Member shall be required to indicate to the Tour Leader formally in writing that they understand the risks involved with travelling without the guidance of the Tour Leader.
L. INFORMATION UPDATES
- The Tour Organiser shall keep the Tour Member informed by e-mail at reasonably regular intervals of the progress of arrangements relating to the Tour.
M. TERMINATION OF CONTRACT
- The Tour Organiser reserves the right to terminate the Contract at any time if:
- the Tour Member fails to make any payment due to the Tour Organiser promptly upon the due date;
- the Tour Member fails to provide information as requested by the Tour Organiser;
- the Tour Member is deemed no longer suitable to be a tour Member by the Tour Organiser (including but not limited to disruptive or difficult behaviour or potentially putting the lives of himself/herself and other Tour Members at risk);
- the Tour Member is in breach of the Contract, including any of these terms and conditions and the terms contained in the Customer Information Pack including the Schedule of Rules.
- If the Contract is terminated under this clause during the Tour, the Tour Organiser will have no responsibility for the costs of repatriation or any other costs incurred after termination.
N. PROPRIETRY INFORMATION AND MATERIALS
- The Tour Member agrees that all aspects of the business of the Tour Organiser and of the Tour are the sole and exclusive proprietary information and property of the Tour Organiser and shall not, other than with prior written permission of the Tour Organiser be communicated or divulged to third parties. This includes, without limitation, information relating to Tour Member training, the Tour, the performance of Tour Members, the performance of Tour Staff, the weather conditions, the Tour Materials and factual or personal accounts of the Tour itself.
- Subject to these terms and conditions, unless the Tour Member has the prior written permission of the Tour Organiser, the Tour Member shall not provide any information or assistance to any other party other than the Tour Organiser nor shall publish any article, story, book or other feature on the Tour, or participate in any television programme or other audio-visual presentation.
- All Official Film is the property of the Tour Organiser and shall be returned to it as and when directed by the Tour Organiser to be used for publicity and other purposes.
- The Tour Member irrevocably and unconditionally waives all rights including moral rights he/she may have or may acquire in relation to any Tour Materials, including the right to be identified as the author or director and to object to any derogatory treatment of the Tour Materials.
- The Tour Member irrevocably and unconditionally consents to being recorded on Tour film and/or any films, photographs or videotape of the sponsor and to the doing by the Tour Organiser, sponsor or any person authorised by them of each of those things which require the Tour Member’s consent as laid out in sections 183, 184, 186, 187 and 188 of the Copyright, Designs and Patents Act 1988, or any other consents of a similar nature referred to anywhere else for any purpose.
- You may not use any of the Tour Organiser’s or the Sponsor's intellectual property rights and materials including trademarks without the prior written consent of the Tour Organiser. For the avoidance of doubt this includes all trade names, the official logo for Kudu Expeditions Limited and other marketing indicia.
O. PERSONAL SPONSORSHIP
- The Tour Member may seek personal sponsorship for the Tour, subject to their prior written approval of the Tour Organiser. The Tour Member may not offer his/her personal sponsors any use of vehicles belonging to Kudu Expeditions Limited or any display of logos without prior written permission of the Tour Organiser.
P. MEDICAL INSURANCE
- At least one week prior to the date arranged for the commencement of participation in the Tour the Tour Member shall provide evidence of medical expenses insurance. This shall cover him/her for all medical expenses relating to any illness or mishap which may befall him/her during the Tour and for the costs of return to his/her home country or the U.K;
- Failure to provide evidence of medical insurance shall preclude the Tour Member from taking part in the Tour and the Tour Organiser shall not be liable to the Tour Member to refund any monies already paid;
- It is highly recommended that Tour Members maintain personal travel insurance for the duration of the Tour to cover loss or theft or damage to personal belongs.
Q. INHERENT RISK ASSUMED BY THE APPLICANT
- The Tour Member acknowledges and agrees that motorcycling and driving are dangerous activities and that the Tour shall be conducted in countries that are unstable and can be subject to political unrest..The Tour Member further acknowledges that areas of the Tour may be populated by dangerous animals and that in some countries roads will be negligible or particularly hazardous, consisting of sand, mud, rock and other difficult and potentially dangerous surfaces. The Tour Member undertakes training and the Tour at his/her own risk. [The Tour Organiser is only responsible for the death or personal injury caused by the negligent acts or omissions of the Tour Organiser and nothing in this Agreement shall restrict or exclude such liability]. The Tour Organiser and any person in its employ and any sponsor shall not be liable for any other death, injury, loss or damage including but not limited to emotional distress, mental suffering, psychological injury or any financial loss directly or indirectly suffered or incurred by the Tour Member.
R. CANCELLATION OF TOUR
- The Tour Organiser reserves the right to cancel the Tour or to alter or reduce the route including the starting and finishing point, including the time during which the Tour may be underway, for any reason.
- The organisers reserve the right to cancel a tour if there are less than six motorcycles booked. In such cases an applicant will be offered an alternative tour or a refund of all monies paid. Notification will be given at least four weeks prior to departure.
- The sole decision as to the cancellation, alteration or curtailment shall reside with the Tour Organiser and in no circumstances shall the Tour Member have any claim arising from such cancellation, alteration or curtailment under this clause.
- The Tour Organiser may consider claims that are made in writing within 28 days of the last day of the Tour in respect of such claims that are not excluded by this Contract.
S. FORCE MAJEURE
- In the event of:
- the Tour failing to start or, having started, being abandoned before its conclusion;
- or in the event of a vehicle withdrawing from the Tour;
- by reason of force majeure, which shall include (but not by way of limitation) outbreak of hostilities, political unrest, civil commotion, riot, riotous assembly, storms, hurricane tempest or other acts of God and other supervening impossibilities not capable of avoidance by the Tour Organiser,
T. REFUND POLICY
- All deposits are non-refundable. Of remaining payments, the refund policy after full payment has been made is as follows: 12 to 8 weeks prior to departure 50% refunded. 8 to 4 weeks prior to departure 25% refunded. Due to the significant expenses incurred organising bikes, support and accommodation no refunds will be given within 4 weeks of departure. You can secure your payments by purchasing adequate travel insurance and so please ensure that your policy will cover you in the event that you have to drop out of your chosen Tour.
U. GOVERNING LAW
- The law of England applies to this Contract and the parties submit to the exclusive jurisdiction of the English courts.