I fought the law and the law won
It doesn’t matter if you think you’re Buddy Holly, or even Joe Strummer, rules is rules. Unfortunately our terms have to contain a number of tedious but necessary clauses imposed on us by EU law that are designed to protect internet buyers and sellers. Even Albion and classic bikers have to abide by them.
We need your agreement as confirmation that you accept these terms and conditions before you’re allowed to take part in an Albion excursion, so please read them.
A quick read also means that you’re more likely to come properly prepared – so on our first day we can deal with the formalities quickly and get out on the road. We hate to refuse a ride just because someone hasn’t brought the correct paperwork – but refuse we must if everything is not in order.
If you’ve got any questions, don’t hesitate to get in touch.
TERMS AND CONDITIONS
- This page (together with the documents referred to on it) tells you the terms and conditions on which we supply holidays, motorcycle tours, or other services shown on our website www.albionmotorcycles.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before contracting with us. You should understand that by contracting with us, you agree to be bound by these terms and conditions.
This website allows you only to reserve the services and products offered. In order to contract the said services and products you must attend our offices personally at Calle Isles Canaries 33, 07180 Santa Ponsa Mallorca following payment and the presentation of your documentation as required by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
You will be asked to click on the button marked “I Accept” these terms and conditions if you accept them when you send us a request form. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Information about us
We operate the website www.albionmotorcycles.com We are Deinesa SL (known as ALBION for purposes of these Terms and Conditions), a company registered in Spain under company number CIF B 57286338 and with our registered office at 2 Paseo Mallorca Palma de Mallorca, Mallorca Spain. Our main trading address is Calle Isles Canaries 33, 07180 Santa Ponsa Mallorca. Our VAT number is ESB57286338.
How the contract is formed between you and us
After submitting your reservation form (Reservation Documents), you will receive an e-mail from us acknowledging that we have received your Reservation Documents. Please note that this does not mean that your reservation has been accepted. Submission by you of the Reservation Documents constitutes an offer to us to book a tour. All reservations are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the reservation has been accepted (Confirmation). The offer in the Confirmation shall be deemed to have been accepted by payment by you of the deposit specified in the Confirmation within 5 working days from the date of Confirmation. Should the deposit not be received within 5 working days from the date of Confirmation we will notify you as to whether we are willing to proceed with the proposed booking.
The contract between us will be formed and signed when you attend our offices personally at Calle Isles Canaries 33, 07180 Santa Ponsa Mallorca following payment and the presentation of your documentation as required by these terms and conditions.
- All riders must be aged 25 or over.
All riders must have held a full EU or equivalent motorcycle license for at least 3 years.
All riders must show a valid certificate of insurance for their own motorcycle to prove that they are active motorcyclists.
You may not ride our motorcycles if you have any of the following endorsements:
1) CD, DD, DR, UT, MS50
2) 3 or more other driving offences
If we have reasonable cause to believe that a rider may be under the influence of alcohol or drugs they will have their contract revoked at our absolute discretion and will forfeit all rental fees paid to ALBION.
Participants are encouraged to bring their own helmets and riding gear, but we can provide a limited range ofbasic helmets, jackets and gloves and clothing for hire. If you are unable to bring your own equipment pleasePlease let us know the sizes of your party (eg S,M,L,XL or XXL) via email 30 days in advance. If you do not contact us with sufficient notice, we can not guarantee provision of equipment.
We reserve the right to provide you with a motorcycle suited to your physique and competence once we have assessed your ability.
Pillion passengers are usually permitted on payment of a the appropriate supplement providing:
- You can convince us that you are competent to carry a passenger.
- The combined weight of driver and pillion is no greater than 140kg (about 20 stone) including riding gear.
You must obey the advice or instruction of the guide at all times while riding our motorcycles.
Riders who ride in an unsafe or unsuitable manner will have their contract revoked at our absolute discretion and will forfeit all rental fees paid to ALBION. You will have to pay reasonable costs if we incur costs returning the motorcycle to its pre-rental condition or you damage the motorcycle.
- A security deposit of €1,200 must be paid to ALBION at the beginning of the motorcycle rental period. The deposit will be held until the undamaged motorcycle is returned in acceptable condition. The deposit will be refunded at that time. If a motorcycle is damaged ALBION will retain all or part of the deposit to pay for the damage and loss of revenue resulting from it, at its discretion.
All motorcycles are insured with a Third party liability insurance. The rental period is not interrupted due to damage to the motorcycle or the inability of the participant to ride the motorcycle during the rental period, unless such inability is due to the negligence of ALBION. ALBION is not obligated to replace a damaged motorcycle save where such damage is as a result of our negligence.
ALBION provides motorcycles as part of the tour package. ALBION reserves the right to allocate motorcycles to riders at our absolute discretion, but we aim wherever possible to allow participants to ride the bikes they want to. However, certain uncontrollable situations (such as mechanical problems, damage or theft) may require a motorcycle to be withdrawn or substituted.
PAYMENT AND CANCELLATION
- Payment in full is required 30 days before the start of the tour. Each participant is required to sign a release and waiver form of rights before the tour starts. ALBION cannot accept a participant without a signed release and waiver form.
A deposit of €50 Euro per person is required at the time of booking. This deposit secures a place on the tour. The balance is due 30 days before the tour starts. If the total balance is not received 30 days before the tour start, ALBION reserves the right to cancel the reservation. Last minute bookings (made less than 30 days in advance) are payable in full at time of booking.
ALBION is responsible for providing the services listed in the tour descriptions according to the local standards, however due to situations beyond its control (such as road work, hotel closures, or weather), ALBION reserves the right without prior notice to make such changes as may be necessary, and the extra cost, if applicable, shall be paid by the customer.
In case of a customer cancelling his/her booking after confirmation, ALBION reserves the right to withhold the deposit/tour charge in part for costs incurred. Cancellation fee is as follows:
Number of days prior to departure Cancellation fee per person 29 – 15 days 50% of tour price Less than 15 days before departure No refund
No exception to this policy can be made for any reason. Trip cancellation insurance is strongly recommended.
Situations beyond our control may arise which make it necessary for us to reschedule or cancel a tour, change itineraries or make substitutions regarding accommodation, guides and other travel arrangements. We do not assume responsibility or liability for any resulting losses, expenses or inconvenience to the participant. ALBION is not required to make refunds once the tour commences, (except in the case of cancellation by ALBION) regardless of the reason for the participant’s inability to complete his tour.
- ALBION agents, representatives and guides are representing us, but are not a party to this contract, and are not responsible or liable for any failure to provide any service as may be described in our marketing materials or pertaining to the contract.
You agree and understand that the Owners, Operators and Agents of this tour including ALBION are not the guardians of the participant’s safety and they cannot be held liable in any way for any occurrence in connection with any activity in connection with the tour which might result in injury, death or other damage to the participant, his property, his family, or heirs save where such matters arise as a result of the negligence of ALBION.
You agree to indemnify ALBION against all costs, claims, actions demands, taxes or liabilities (referred to as Liabilities) arising to ALBION as a result of your actions, which shall include (but not exclusively) an indemnity against any and all Liabilities arising to ALBION as a result of a third party claim against ALBION.
If we fail to comply with these conditions, we shall not be responsible for any losses that you suffer as a result, except for those losses which we could reasonably foresee would result from the failure to comply with these conditions at the time we entered into this contract with one another. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In any case, save as provided below, the liability of ALBION is limited to a total of three times the tour price irrespective of the claim.
The above clause does not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability.
We accept liability for claims which involve personal injury or death, except where death or personal injury is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you or someone unconnected with us and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event that neither we, nor our servants, agents or suppliers could have forseen or forestalled.
- If the participant does not comply with traffic laws, ALBION reserves the right to revoke this contract and remove the participant’s rental motorcycle and prevent the participant from continuing to ride with or under the control of ALBION.
A participant is responsible for all traffic tickets received during the tour. A service charge will apply for all unpaid tickets.
Participants agree to not cause any damage to natural surrounding or third parties through their actions while riding their motorcycles. In the event a participant repeatedly ignores rules or causes others to feel threatened by their actions, ALBION reserves the right to revoke this contract and remove the participant’s rental motorcycle and prevent the participant from continuing to ride with or under the control of ALBION.
The participant is responsible for complying with passport and visa regulations and takes responsibility for consequences resulting from non-compliance. You will not be entitled to receive a refund in the event that you fail to comply with these obligations and as result of this you are prevented from participating.
A participant is fully aware of the risks and dangers involved in the motorcycle excursion and in outdoor activities like swimming, hot air ballooning, sailing or any other activity potentially suggested as a supplemental activity to the tour and accepts full liability.
ALBION recommends that guests take out adequate travel, health and accident insurance as well as trip cancellation insurance.
Rates quoted by ALBION, its agents or publications are those in effect at time of printing. On rare occasions, due to situations beyond our control, ALBION reserves the right to change tour prices any time prior to 60 days before departure. ALBION reserves the right to correct printing errors or calculation mistakes at any time. Discounts offered by ALBION cannot be combined with other existing discounts.
Photos and videos produced by ALBION are the property of ALBION. The copyrights rest with ALBION. ALBION can use all such material for advertising and marketing purposes, including images in which participants can be recognized, without any charge from the participant.
Participants who submit photos to ALBION agree to allow the use of such photos by ALBION for advertising and marketing purposes.
For most of the year the weather in Mallorca is pleasant for motorcycling compared to Northern Europe. However, the weather can change quickly and ALBION is not liable for unpleasant weather conditions and no refunds will be made for such conditions, unless the excursion is cancelled by ALBION in which case a full refund for the lost day will be paid.
Please be sure to let us know about any special dietary requirements.
To comply with the Data Protection Act we would like to advise you that in order to provide you with the products or services you require, the personal information you supply to us will be passed to relevant trusted partners or suppliers. This may involve sending your details to countries that do not have an equal level of privacy legislation to that in Spain. Your details may also be used for improving our customer service, analysis.
Save as above, we will only use the personal information you provide to us to provide services to you, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information, in which case you must notify us at firstname.lastname@example.org.
You acknowledge and agree that we may pass your details to credit reference agencies.
This web site complies with Spanish legislation and is subject to the jurisdiction of the
Judges and Courts of Palma de Mallorca (Spain). Any controversy, conflict or claim that may
originate regarding compliance with this site’s conditions of use and any other bearing any
relationship to the contents and services of the said web site, will be resolved by the Judges
and Courts of Palma de Mallorca (Spain) and will be interpreted in accordance with Spanish
legislation, with the parties hereby renouncing their own jurisdictions.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under these Terms that is caused by events outside our reasonable
control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- strikes, lock-outs or other industrial action; or
- commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- impossibility of the use of public or private telecommunications networks.
Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
The reservation that you make is personal to you and you may not transfer any of your rights or obligations under these terms to another person without our prior written consent We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these terms.
All notices sent by you to us must be sent to us at email@example.com. We may give notice to you at either the email or postal address you provide to us in the Reservation. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
If, like us, you prefer to read something properly before you sign it, why not download a hardcopy from here.
What to do next
Dates, check. Options, check. Smallprint, check. OK, you’re almost there. Just fill out our booking request form to get everything underway. Then read what happens next which explains the booking and confirmation process we need to follow between now and when you arrive.