Terms and Conditions of Sale

These Terms
1.1 What these terms cover.
These terms and conditions govern the provision of the Triumph Adventure Experience, which includes off-road routes, off-road training, and train & ride services (hereinafter referred to as the “experience”).
1.2 Why you should read them.
Please read these terms carefully before submitting your booking. These terms explain who we are, how we will provide the experience, how changes or cancellations may be made, what to do if there is an issue, and other important details. If you believe there is a mistake in these terms, please contact us.
2. Information About Us and How to Contact Us
2.1 Who we are.
The experience is provided by Triumph Adventure Experience Spain (Alpha Bootis, S.L.), a company registered in Spain with registration number B87717054. Our registered office is located at Calle Reserva, 16, 29130 Alhaurín de la Torre, Málaga, Spain. The sale of the experience may be made directly by us or through ALPHA BOOTIS SL or any other intermediary.
2.2 How to contact us.
You can reach us by phone at +34 679 50 81 50 or by email at info@triumphadventure.es.
2.3 How we may contact you.
If we need to contact you, we will do so by phone, email, or WhatsApp using the details you provide.
2.4 “Writing” includes emails.
References to “writing” or “written” in these terms include electronic communication, such as emails and WhatsApp messages.
3. Our Contract With You
3.1 How we will accept your order.
When you book through our website www.triumphadventure.es, we will confirm your booking via email, creating a contract between you and us. If your booking is made by phone, we will email you a confirmation receipt, a copy of these terms, and our data privacy notice.
3.2 If we cannot confirm your booking.
If we are unable to confirm your booking (e.g., due to unavailability), we will notify you and offer alternative dates or refund any payments made.
3.3 Pre-contract information.
We are legally required to provide certain key information before forming a contract. This information forms part of our agreement and will be communicated via email. If changes are needed after the contract is formed, we will seek your approval.
4. Your Rights to Make Changes
If you need to modify your booking, please contact us. We will let you know if the changes are possible and inform you of any price or scheduling implications. If the proposed changes are unacceptable to you, you may cancel the contract as per Clause 7.
5. Our Rights to Make Changes
5.1 Minor changes.
We may make minor changes to your booking or the experience to:
Comply with relevant laws or safety regulations.
Address operational or safety requirements.
Account for adverse weather conditions (in which case the experience may be rescheduled).
6. Providing the Experience
6.1 Scheduled dates.
We will provide the experience on the date confirmed in your booking email. However, the experience may need to be rescheduled due to:
Adverse weather conditions or circumstances that make it unsafe, impractical, or impossible to conduct the planned activity. For a motorbike experience, this could include:
Heavy Rain:
Reduces visibility and creates slippery surfaces, increasing the risk of accidents.
May lead to flooding, making off-road routes impassable.
Storms or High Winds:
Strong gusts can destabilize motorbikes and pose hazards such as falling debris.
Electrical storms present a risk of lightning strikes, especially in open areas.
Extreme Heat or Cold:
Heatwaves can lead to heat exhaustion or dehydration for riders.
Freezing temperatures may create icy patches, increasing the likelihood of slips or falls.
Fog or Low Visibility:
Reduces visibility, making navigation dangerous and increasing the risk of collisions.
Snow or Ice:
Snow can obscure trails, making navigation challenging.
Ice significantly increases the risk of losing control of the motorbike.
________________________________________
Other Reasons Why the Experience May Need to Be Rescheduled
Insufficient Participants:
If the minimum number of participants (e.g., 9) required for group activities is not met, the experience may not be financially or logistically viable.
Mechanical Issues with Equipment:
Unforeseen issues with motorbikes, such as breakdowns or safety concerns, may require rescheduling to ensure the safety and quality of the experience.
Instructor or Staff Availability:
If a key staff member becomes unavailable due to illness or emergencies, the experience may need to be rescheduled to maintain the quality of instruction and safety standards.
Route Conditions:
Landslides, fallen trees, or other blockages on trails may render routes unusable until cleared.
Regulatory or Legal Restrictions:
Government restrictions, such as road closures, travel bans, or other legal constraints, may prevent the activity from taking place as scheduled.
Unforeseen Environmental Hazards:
Sudden animal activity or other natural phenomena (e.g., rockfalls) that pose risks to participants may necessitate rescheduling.
Health and Safety Emergencies:
Situations like accidents or health emergencies affecting participants or staff may interrupt or delay the activity.
Pandemics or Epidemics:
Outbreaks of disease may require postponements due to health and safety protocols or restrictions on gatherings and travel.
Utility Failures:
Power outages or communication breakdowns at key facilities (e.g., training centers) may disrupt the operation of the experience.
Customer Safety Concerns:
If participants are deemed unfit to ride (e.g., due to illness, alcohol consumption, or lack of proper licensing or safety gear), the experience may need to be postponed or canceled.
6.2 Delays or cancellations outside our control.
If an event outside our control delays or cancels the experience:
We will notify you as soon as possible and offer alternative dates.
You must reschedule within one (1) year from the original booking date, subject to availability.
6.3 Refunds for delays or cancellations.
If rescheduling within one year is not possible, you are entitled to a full refund for any undelivered services.
6.4 Participant responsibilities.
Participants must comply with all safety instructions and bring or rent appropriate equipment as outlined in Clause 15. Participants also confirm they meet all licensing and age requirements.
7. Your Rights to Cancel or Reschedule
7.1 Cancellation by us due to unforeseen circumstances.
If we must cancel the experience for reasons beyond our control (e.g., causes explained in clause 6.1), you may reschedule the same service at no additional cost, subject to availability.
7.2 Rescheduling process.
To reschedule, please contact us. You must reschedule within one (1) year of the original booking date. Failure to reschedule within this timeframe results in forfeiture of your booking without a refund.
7.3 Customer-initiated cancellations.
If you cancel for personal reasons:
You may reschedule once, provided you request the change at least fifteen (15) days before the experience.
For cancellations due to exceptional circumstances (e.g., medical reasons), documentation may be required.
If your request does not meet these conditions, we recommend contacting your travel insurance provider for reimbursement of any losses.
7.4 Recommendation.
We strongly advise obtaining cancellation insurance to cover unforeseen circumstances, such as illness or work commitments.
Third-Party Services (Flights, Hotels, and Other Arrangements)
Independent Arrangements:
If you book flights, hotels, or other third-party services in connection with your experience, these arrangements are your responsibility and are subject to the terms and conditions of the respective service providers.
Recommendation for Cancellation Insurance:
We strongly recommend that you purchase cancellation insurance to cover third-party bookings. This insurance should protect you in the event that:
The experience needs to be rescheduled or canceled for any reason (e.g., adverse causes explained in clause 6.1).
You are unable to attend the experience due to personal reasons, such as illness or changes in your schedule.
No Liability for Third-Party Costs:
We are not responsible for any costs, charges, or penalties incurred for third-party services (e.g., non-refundable flight or hotel bookings) as a result of rescheduling or cancellation of the experience.
Confirmation Before Booking Third-Party Services:
We recommend waiting for your booking confirmation from us before making any arrangements with third parties.
8. How to End the Contract
To cancel your contract, please contact us via phone at +34 679 50 81 50 or email us at info@triumphadventure.es. Provide your name, address, booking details, and contact information.
Alternatively, you may use the cancellation form provided in Schedule 1.
9. Our Rights to End the Contract
9.1 Breach of contract.
We may terminate the contract if you fail to make payments on time and do not rectify the situation within seven (7) days of receiving a reminder.
9.2 Ceasing the experience.
If we decide to cease offering the experience, we will contact you, and you will be entitled to a refund for any services not provided.
10. If There is a Problem With the Experience
If you encounter any issues or have complaints regarding the experience, please contact us as soon as possible. You can reach us by phone at +34 679 50 81 50 or email us at info@triumphadventure.es.
11. Price and Payment
The total price, including taxes, is displayed on our website at the time of booking. Payments are securely processed online.
12. Our Responsibility for Loss or Damage Suffered by You
We are liable for losses directly caused by our failure to provide the experience with reasonable care and skill, but not for:
Indirect or consequential losses (e.g., lost profits).
Losses resulting from unforeseeable events at the time of the contract.
13. How We Use Your Personal Information
We process personal data solely for booking, communication, and safety purposes. We will not share your information with third parties unless required by law. For more information, see our Data Privacy Notice.
14. Acknowledgment of Risk
You acknowledge that motorsports are inherently dangerous, and you assume responsibility for adhering to all safety guidelines, including wearing appropriate equipment.
15. Other Important Terms
15.1 Dispute resolution.
If a dispute arises, we encourage you to contact us directly to resolve the matter amicably. If a resolution cannot be reached, mediation or arbitration may be pursued as an alternative to legal action.
15.2 Transfer of rights.
We may transfer our rights and obligations under this contract to another party. You may not transfer your rights without our written consent.
16. Data Privacy Notice
16.1 Who We Are
We are Triumph Adventure Experience Spain (Alpha Bootis, S.L.), located at 29130, Calle Reserva, 16, Alhaurín de la Torre, Málaga, Spain. This clause explains how we collect, use, and protect your personal information. If you have any questions, please contact us at:
Email: info@triumphadventure.es
Phone: +34 679 50 81 50
16.2 What Information We Collect
We may collect and process the following categories of personal data:
16.2.1 Information You Provide to Us:
Contact Details: Name, email address, phone number, and postal address.
Booking Information: Experience details, preferred dates, and payment details.
Health and Safety Information: Medical conditions, licenses, or special requirements relevant to the experience.
Feedback: Responses to surveys, testimonials, or reviews.
16.2.2 Information Collected Automatically:
Website Usage Data: IP addresses, browser type, operating system, and browsing behavior (via cookies and similar technologies).
16.2.3 Third-Party Data:
Information provided by intermediaries, such as travel agents or booking platforms, in connection with your experience.
16.3 How We Use Your Information
We use your personal data for the following purposes:
16.3.1 To Provide Services:
Process bookings and communicate experience details.
Manage payments and confirm transactions.
Ensure health, safety, and suitability for participation in the experience.
16.3.2 To Improve Our Services:
Gather feedback for service enhancements.
Analyze website usage to improve functionality.
16.3.3 Marketing Communications:
With your consent, send newsletters, promotional offers, or updates about new experiences.
You may opt-out of marketing at any time by contacting us or clicking the “unsubscribe” link in our emails.
16.3.4 Legal and Regulatory Compliance:
Comply with legal obligations, including health and safety regulations.
16.4 How We Share Your Information
We do not sell your data to third parties. However, we may share your personal data with:
16.4.1 Service Providers:
Third-party vendors that assist in delivering our services (e.g., payment processors, IT support, or booking platforms).
16.4.2 Legal Authorities:
Governmental, regulatory, or law enforcement agencies, if required by law or necessary to protect our rights and safety.
16.4.3 Professional Advisors:
Accountants, legal advisors, or auditors, as needed.
16.5 How We Protect Your Information
We implement appropriate technical and organizational measures to secure your data, including:
Encryption of sensitive data during transmission.
Access controls to restrict who can access your information.
Regular reviews and updates of our data security practices.
16.6 How Long We Keep Your Information
We will retain your personal data for as long as necessary to fulfill the purposes outlined in this notice or comply with legal obligations. This includes:
Bookings and Payments: Retained for up to seven (7) years for financial and audit purposes.
Health and Safety Information: Retained until the experience is completed, unless required for legal compliance.
Marketing Data: Retained until you opt-out or withdraw consent.
16.7 Your Rights
Under applicable privacy laws, you have the following rights regarding your personal data:
16.7.1 Access and Portability:
You can request a copy of the personal data we hold about you and, where feasible, receive it in a portable format.
16.7.2 Rectification:
You can request corrections to inaccurate or incomplete information.
16.7.3 Erasure:
You can request the deletion of your personal data, subject to legal and contractual obligations.
16.7.4 Restriction and Objection:
You can request the restriction of processing or object to the processing of your data in certain circumstances.
16.7.5 Withdraw Consent:
You can withdraw consent for marketing or other optional processing activities at any time.
16.7.6 Complaint:
If you believe your rights have been violated, you may lodge a complaint with the relevant supervisory authority. For Spain, this is the Agencia Española de Protección de Datos (AEPD):
www.aepd.es
16.8 Cookies and Website Tracking
We use cookies and similar technologies to enhance your experience on our website. For more information, please refer to our Cookie Policy [Insert Link or Availability Details].
16.9 International Data Transfers
If your data is transferred outside the European Economic Area (EEA), we ensure adequate safeguards are in place, such as EU-approved standard contractual clauses.
16.10 Updates to This Notice
We may update this notice periodically to reflect changes in legal requirements or our operations. The most recent version will always be available on our website.
16.11 Contact Us
For questions or requests regarding your personal data, please contact us:
Email: info@triumphadventure.es
Phone: +34 679 50 81 50
Note: Clause 16 is GDPR-compliant
17. Governing Law and Jurisdiction
17.1 Governing Law:
This contract, including any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Spain.
17.2 Jurisdiction:
In the event of any dispute or claim arising out of or relating to this contract, the parties agree that such disputes shall be subject to the exclusive jurisdiction of the courts of Málaga, Spain.
17.3 Mandatory Mediation:
Before initiating any court proceedings, the parties agree to attempt to resolve disputes amicably through good faith discussions. If no resolution is reached, the parties may consider mediation or arbitration in Spain as an alternative to litigation.
17.4 Language of Proceedings:
All legal proceedings and documentation related to disputes shall be conducted in Spanish, unless otherwise agreed by the parties.

Triumph Adventure Experience Spain

Company Name: ALPHA BOOTIS S.L.U.
NIF: B87717054
Address: C/Reserva 51, 29130, Alhaurín de la Torre, Málaga, Spain

By making a booking, you (the customer) confirm that you have read, understood, and agreed to the following terms and conditions.

1. Purpose of the Rental

• The rental agreement includes temporary use of the Triumph motorcycle specified in your reservation.
• Prices include:
  • 1-6 days: 300 km/day (0.36 €/extra km).
  • 7+ days: Unlimited mileage.
  • Comprehensive insurance with a standard excess of €1,200.
  • Optional premium insurance reducing the excess to €300 or €500 at €20/day.
• Fuel Policy:
  • The motorcycle will be provided with a full fuel tank.
  • It must be returned with a full tank, or a €25 service fee plus fuel costs will be charged.

Incorrect Fuel: If the customer uses a type of fuel different from what is specified for the motorcycle (e.g., diesel instead of petrol 95), it may cause significant damage to the engine and other vehicle systems. In this case:

• Triumph Adventure Experience Spain will charge the full cost of the necessary repairs to restore the motorcycle to its original condition.
• Additionally, a minimum fee of €500 will apply to cover initial expenses, including inspection, diagnostics, and transportation of the motorcycle.

It is essential to ensure the correct fuel is used at all times.

2. Mileage Policy

• 1-6 days: Limited to 300 km/day; additional km charged at €0.36/km.
• 7+ days: Unlimited mileage.

3. Minimum Rental Period

• Monday to Friday: Minimum rental period is 24 hours (e.g., 10:30 AM to 10:00 AM the next day).
• Weekends: Minimum 48-hour rental.
• Holidays and Major Events (e.g., MotoGP): Minimum 72-hour rental.

Late Returns:

• €60/hour penalty for late returns.
• Early returns will not qualify for refunds.

4. Required Documentation

To rent a motorcycle, you must provide:

• A valid motorcycle license (Type A) or A2 for specific models.
• An international driving permit (for non-EU residents).
• Personal identification (passport, national ID, or NIE).

5. Customer Responsibilities

The customer agrees to:

• Operate the motorcycle in compliance with all legal and safety regulations.
• Take full responsibility for any fines, violations, or damages incurred during the rental.
• Avoid the following:
  • Riding under the influence of alcohol or drugs.
  • Off-road use, racing, or other prohibited activities.
  • Unauthorized modifications to the motorcycle.
  • Transporting hazardous materials or live animals.

6. Insurance Coverage

• Standard Insurance (Included): Excess of €1,200 applies.
• Premium Insurance (Optional):
  • €300 excess for models such as Tiger 660, 850, 900, Scrambler 400, and Scrambler 1200.
  • €500 excess for Tiger 1200 models.
  • Cost: €20/day.

The insurance covers damage to the motorcycle but excludes:

• Damage to tires.
• Loss or theft of personal belongings.
• Damage to additional rented accessories.

7. Cancellation and Date Changes

• Cancellation Refund Policy:
  • +30 days before rental start date: 50% refund of the total cost.
  • 16-30 days before rental start date: 20% refund of the total cost.
  • 15 days or less: No refund.
• Date Changes:
  • One date change allowed with 5 business days’ notice.
  • New dates must fall within 12 months of the original booking.
  • A surcharge of 20% of the original rental cost (minimum €100) applies.

Note: Special offers and promotions are non-refundable.

8. In Case of Accidents or Breakdowns

• Accidents:
  • Call emergency services at 112 and notify Triumph Adventure Experience Spain immediately.
  • Provide a police report and third-party details if applicable.
• Breakdowns:
  • Stop in a safe location and contact Customer Service (+34 679 508 150).

9. Governing Law and Jurisdiction

• This agreement is governed by Spanish law.
• Any disputes will be resolved in the courts of Málaga, Spain.

10. Contact Information

For any questions or issues:

• Phone: +34 679 508 150
• Email: info@triumphadventure.es

Triumph Adventure Experience Spain®
(License Number: AV-MA-01929)
Calle Reserva 16, 29130 Alhaurín de la Torre, Málaga, Spain
Tax ID (NIF): B87717054

Edition Date: May 1, 2024
Validity: Until December 31, 2025

Contract Clauses

1. Purpose of the Contract

This contract establishes the rights and obligations between ALPHA BOOTIS S.L., hereinafter referred to as “the Organization,” and the client, regarding the provision of combined travel services, specifically the TRIUMPH RED DESERT OFF-ROAD TOUR. This contract adheres to Royal Legislative Decree 1/2007, European Union regulations on combined travel, and applicable local laws.

2. Pre-Contractual Information

The information provided to the client prior to signing this contract, including the program/offer and associated brochure, forms an integral part of the agreement. The client confirms they have read and understood all the provided information.

3. Included Services

The trip price includes:

• Accommodation in rural hotels on a bed-and-breakfast basis.
• Guided routes as per the itinerary.
• Use of rental motorcycles (if selected) with comprehensive insurance and an excess clause.
• Certified guides and support vehicle during the tour.

Exclusions:

• Fuel, tolls, meals, dinners, drinks, tourist taxes, or any other service not explicitly mentioned.
• Personal or own motorcycle insurance.
• Activities outside the scheduled itinerary.

4. Participation and Requirements

Clients with Own Motorcycles:

• Proof of valid insurance and an appropriate driving license must be provided.
• The client assumes full responsibility for any damage or loss to their motorcycle.

Clients with Rental Motorcycles:

• Must accept the daily rental terms.
• Usage is limited to the tour’s schedule and routes.
• Comprehensive insurance with an excess of €300 or €500, depending on the model.

Mandatory Equipment:

• Helmet, jacket, gloves, pants, and protective boots.
• Medical certificate, if required by the Organization.

5. Itineraries and Modifications

The TRIUMPH RED DESERT OFF-ROAD TOUR itinerary includes:

• Day 1: Málaga – Granada
• Day 2: Granada – Baza and Los Coloraos
• Day 3: Granada – Málaga

Modifications:
The Organization reserves the right to alter itineraries, schedules, or accommodations without prior notice, provided such changes do not significantly affect the trip’s content. No refunds will be granted except in cases where substitute services are of lower quality.

6. Prices and Payments

• Participation with own motorcycle: €599 per person in a shared double room.
• Participation with a rental motorcycle: €799 per person in a shared double room.
• Single room supplement: €160 (subject to availability).

Price Revisions:
Prices may be adjusted due to:
a) Changes in fuel or transportation costs.
b) Taxes, fees, or tourism-related charges.
c) Currency exchange rates.

If the price increase exceeds 8%, the client may cancel the contract without penalty.

Payment Terms:

• 50% upon booking.
• Remaining 50% between 20 and 16 days before the trip’s start date.

7. Cancellations

By the Client:

• More than 45 days before the start: 40% refund.
• Between 44 and 35 days: 30% refund.
• Between 34 and 16 days: 20% refund.
• Less than 15 days: No refund.

By the Organization:
The Organization may cancel the trip due to:
a) Fewer than 10 participants.
b) Unavoidable and extraordinary circumstances.

In such cases, all amounts paid will be refunded in full.

8. Insurance

• Included: Basic travel insurance (does not cover motorcycles).
• Optional: Cancellation and assistance insurance for ___ € (price to be confirmed).
• Clients with their own motorcycles must ensure they have valid and active insurance.

9. Client Responsibilities

• Comply with traffic laws and the guide’s instructions.
• Follow all safety regulations established by the Organization.
• Refrain from driving under the influence of alcohol, drugs, or medication that affects driving ability.

Prohibited:

• Using the motorcycle outside the specified schedules.
• Engaging in unauthorized activities during the tour.

10. Organization Responsibilities

The Organization is responsible for:

• Delivering the contracted services.
• Providing assistance in case of difficulties during the trip.
• Offering alternative services in case of unforeseen events, at no additional cost to the client.

Exclusions:

• Delays or issues with transportation not managed by the Organization.
• Incomplete or invalid documentation from the client.
• Adverse weather conditions or other force majeure issues.

11. Data Protection

In compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, personal data provided will be used solely for trip management. The client may exercise their rights to access, rectify, or oppose data use by emailing info@triumphadventure.es.

12. Jurisdiction

In the event of disputes arising from this contract, parties agree to submit to the courts of Málaga, unless the client resides outside Spain and opts for the courts of their domicile.

Client’s Signature: ___________________________
Representative’s Signature (Triumph Adventure Experience Spain®): ___________________________

This contract has been drafted to protect the rights and responsibilities of both parties