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.
• Storms or High Winds: Strong gusts can destabilize motorbikes and pose hazards such as falling debris.
• Extreme Heat or Cold: Heatwaves can lead to heat exhaustion or dehydration for riders.
• Fog or Low Visibility: Reduces visibility, making navigation dangerous.
• Snow or Ice: Snow can obscure trails, making navigation challenging.
• Other Reasons Why the Experience May Need to Be Rescheduled such as insufficient participants, mechanical issues, instructor availability, route conditions, and unforeseen environmental hazards.

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.

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.

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).

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

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.

• 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.

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.

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

4. Required Documentation

• 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

• 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.

• 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.

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

• 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