General Terms and Conditions

ACT -Adventure Tours

These GTC are part of the travel contract between ACT Adventure Tour (organizer) and the travel participant (customer). Subject to deviating or supplementary agreements, which are only valid in writing.

1. Conclusion of Contract 

1.1) To secure a spot on the trip, customers can register formally through written correspondence, fax, or email. The travel contract becomes legally binding only after the organizer provides a written booking confirmation.

1.2) To participate, customers must present a signed waiver form and, if using motorcycles provided by the organizer, agree to the rental motorcycle terms and conditions.

1.3) Our reservation system will only process a booking if the customer explicitly confirms they have read and agree to the General Terms & Conditions.

2. Deposit – Balance Payment 

With the booking confirmation the customer receives an invoice from the organizer. This is to be paid as follows: 

2.1) After receiving the booking confirmation, the customer will receive an invoice from the organizer. A deposit of 20% of the tour price is due upon receipt of this invoice.

2.2) The remaining balance of the tour price must be paid no later than 20 days before the trip begins.

2.3) The organizer reserves the right to cancel the service if the customer fails to make the required payments on time.

3. Performance and Price 

3.1) The confirmation of the organizer lists its services in detail and the total price to be paid for them. Individual services not listed, which the customer requests upon conclusion of the contract or during the trip, are to be paid additionally. 

3.2) Changes to the specified itineraries or stopovers are not considered a change in services, provided that the changes or deviations are not significant and do not affect the overall nature of the booked trip. 

3.3) Please note that a trip by motorcycle requires more participation from you than a usual package tour. Many things are not 100% predictable and can be planned in advance. We count on your understanding for any necessary changes. 

3.4) The tour price includes airport transfer in General Santos City – Philippines and also in Almeria Spain if the client or group arrives/departs on the scheduled arrival and departure day of the tour. Clients arriving earlier or departing later than described in the tour itinerary are responsible for airport transfers. No airport transfer is provided in Barcelona Spain and Davao Philippines.

4. Withdrawal From The Trip 

4.1) Cancellation by Customer:

Withdrawal: The customer can cancel their trip at any time before the start date by providing written notice to the Tour Operator. The cancellation date is the date the Tour Operator receives the notice.

Cancellation Fees: The Tour Operator may charge cancellation fees based on the following schedule:

• 21 days or more before departure: 20% of the total tour price.
• 20 to 15 days before departure: 50% of the total tour price.
• 14 to 8 days before departure: 75% of the total tour price.
• Less than 8 days before departure: 100% of the total tour price.
• No Show: 100% of the total tour price.

Total Tour Price: The total tour price includes all services charged to the customer, such as the tour itself, motorcycle rental, and any other applicable fees.

4.2) Missed Departure or Return:

No-Show: If the customer misses the departure or arrives late, no refund will be provided.

Missed Return: If the customer misses the return trip, they are responsible for arranging their own return travel. They are not entitled to compensation from the organizer.

4.3) Rebooking:

Procedure: Rebooking of dates or destinations requires the customer to cancel the existing travel contract and then make a new booking.

5. Withdrawal by the Tour Operator 

5.1) If fewer than five participants sign up for a trip, the organizer has the right to cancel it up to 20 days before the start date. In this case customers will be notified promptly and received full refund of any payments made.

5.2) If a trip must be cancelled due to unforeseen circumstances beyond our control (like natural disasters, strikes, terrorist attacks, accidents, health warnings from the World Health Organization, illness or injury of the tour guide, or similar events), participants will receive a full refund of any payments made. No further compensation is owed.

5.3) We also retain the right to cancel a trip for the reasons mentioned above. In such a

case, proportional refund will be issued for the remaining travel days (excluding any flight costs). No further compensation is owed.

5.4) The tour operator and its authorized guides can remove individual participants from the tour if they engage in disruptive, dangerous, or unruly behaviour, or if they fail to comply with traffic regulations. In such instances, the rental motorcycle will be confiscated, and no refund will be provided for the tour or rental costs.

6. Premature Termination of the trip by the Customer 

6.1) If the customer cancels the trip prematurely for any reason, he has no right to reimbursement of the services of the organizer charged to him. 

6.2) If the customer has to cancel the trip prematurely for a compelling reason, e.g. due to illness or accident, serious illness or death of a close relative, etc., the organizer will make every effort to assist in organizing the return trip as far as possible. A claim for reimbursement of the services of the organizer charged to him does not exist.

7. Compliance and Personal Responsibility 

7.1) Travelers are responsible for adhering to all applicable traffic laws and regulations. Each participant is driving at their own risk and is liable for any damages they cause to fellow travellers or other road users, even if they are following the tour guide. Participants must adjust their driving style to prioritize their own safety.

7.2) The tour guide provided by the organizer only offers a suggested driving route. Customers are responsible for following this route and adjusting their driving style to the prevailing conditions and their own abilities. If a customer is unable to follow the route, they must stop and immediately inform the tour guide.

7.3) Customers are solely responsible for properly securing their luggage on their vehicle. ACT ADVENTURE TOURS is not liable for any loss or damage to luggage.

7.4) The organizer is not responsible for any loss or damage to personal belongings, documents, or electronic devices belonging to the tour participant during the tour.

8. Passport, Visa, Health Regulations 

Travel Documents:

8.1) Traveler Responsibility: Travelers are solely responsible for obtaining and ensuring the validity of all necessary travel documents, including passports, visas, health certificates, and driving licenses, for each country they will be visiting.

8.2) Missing or Invalid Documents: If a traveller is unable to start or complete the trip due to missing or invalid travel documents, the organizer is not responsible for any refunds or reimbursements.

9. Driving License and Driving Skills 

9.1) By making a booking, the customer confirms that they hold a valid driver’s license for the type of vehicle used on the tour and that they possess the necessary driving skills to safely operate the vehicle along the tour route.

9.2) If it is discovered after booking but before departure that the customer does not have a valid driver’s license for the entire duration of the trip, the organizer is released from their contractual obligations and the cancellation fees outlined in point 4.1) will be applied.

9.3) If it is discovered after the start of the tour that the customer does not have a valid driver’s license for the duration of the tour or lacks the necessary driving skills to safely operate the vehicle used on the tour route, the consequences outlined in point 5.4) will apply.

10. Health, Alcohol and Drugs 

10.1) A good general state of health is a prerequisite for Tour participation. Tour participants who do not meet these requirements can be excluded from participation in the entire tour or individual tour sections without any claim arising against the organizer. 

10.2) The Tour Participant is not permitted to consume alcoholic beverages or medication or other substances that affect the ability to drive during the day, as long as driving on the vehicle is still required. This also applies to customers who participate in the tour as passengers. If alcohol, medication or other substances affecting the ability to drive are taken after the end of the day trip, the customer must ensure that the condition affecting the ability to drive is no longer present the next morning at the start of the day trip. In case of non-compliance, the legal consequences of point 5.4) will apply.

11. Liability 

11.1) The Organizer is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful supervision and selection of the service providers and the proper provision of the agreed travel service in accordance with local custom. 

11.2) Our liability is excluded or limited to the extent that, based on statutory provisions applicable to the services to be provided by a service provider, the latter’s liability is also excluded or limited. 

11.3) Our liability is in any case, regardless of the reason, limited to the amount of twice the travel price, 

1. a) as far as a damage of the traveller is caused by the tour operator neither intentionally nor grossly negligent or b) as far as we are responsible for a damage caused to the traveller solely due to the fault of a service provider. 

11.4) Liability for delay is excluded. 

11.5) Beyond that, the organizer is not liable, especially not in case of traffic accidents. In this form of adventure tour, each tour participant is responsible and liable for his own actions and especially for his driving style and choice of route as well as the assessment of his own abilities, even if he follows the tour leader (tour guide). 

11.6) Each tour participant agrees that owners, organizers and representatives of the organizer are not responsible for his personal safety and are not liable, either individually or collectively, for incidents related to the implementation or his participation in the tour that result in injury, death or damage to his property, family, heirs or legal successors. 

11.7) The organizer is not liable for items that are lost or stolen from our rental stations or escort vehicles. 

11.8) ACT Adventure Tours is happy to offer assistance to customers who require a parcel service or postal service for personal suitcases or packages between our rental stations. This parcel service is carried out by an independent company that is not part of ACT Adventure Tours. 

ACT Adventure Tours only mediates between the Customer and the parcel service. Thus, ACT Adventure Tours does not assume any responsibility for delayed deliveries. In case of loss, damage or delays that happen during the shipment of the material, the Client must make his own complaint to the parcel service provider and release ACT Adventure Tours from any liability.

12. Liability of the Tenant for Damages 

Responsibility for the Motorcycle:

The renter is responsible for the motorcycle from the moment they take possession until they return it. This responsibility includes:

• Normal Wear and Tear: The renter is responsible for any damage beyond normal wear and tear that occurs to the motorcycle during the rental period.
• Loss or Damage: The renter is liable for any loss (including theft or confiscation) or damage to the motorcycle, regardless of whether it was caused by an accident, improper handling, or depreciation.
• Cost of Repair: In case of damage, the renter is responsible for the actual repair costs, including expert opinions, calculations, transportation costs, expert fees, depreciation, and lost rental income during the repair period. In the event of a total loss, the renter is responsible for the cost of replacement.
• Proof of Lesser Damage: The renter has the right to prove that the damage was less than the estimated cost.

13. Liability and Weather 

13.1) Depending on the season and weather conditions, the organizer reserves the right to change the route of the tour and thus the accommodations as necessary. In doing so, we try not to change the character of the tour and always provide similar services. 

13.2) The organizer is not responsible for any bad weather conditions that may occur. For this reason, the participant has no claim to reimbursement of the tour and rental price.

14. Accommodation and Hotels 

The tour offers a selection of hotels and accommodations that are chosen for their quality and suitability to each country. In the event that a hotel cannot be reached due to unforeseen circumstances like weather or other factors beyond the control of the Tour Operator, no compensation will be provided. Any additional costs incurred due to such circumstances will be the responsibility of the participant.

Single rooms are available for an additional fee, but availability is limited and cannot be guaranteed. If a single traveller wishes to share a double room with another participant, the organizer will do their best to find a suitable roommate. However, if this is unsuccessful, the single room supplement will be charged.

15. Own vehicle * Only Part of TOURS IN SPAIN

Participants who choose to join the tour with their own vehicle are responsible for ensuring their vehicle is in proper legal and technical condition. This includes having all necessary vehicle documents and adequate insurance coverage. ACT Adventure Tours cannot provide insurance for vehicles used on the tour.

16. Off-Road Trips 

Using vehicles provided by the organizer for off-road driving outside of the designated tour route is strictly prohibited. Similarly, misuse of the rental vehicle is not permitted. The customer is fully responsible for any damage caused by unauthorized off-road driving or misuse of the vehicle, including any applicable deductibles.

17. Insurance 

The organizer recommends taking out travel insurance for cancellation costs, accident, illness, theft, liability and legal protection.

18. Data Protection and Copyright 

By participating in the tour, participants acknowledge and agree that:

All photos, slides, and videos taken during the tour by ACT Adventure Tours representatives are the exclusive property of ACT Adventure Tours.

ACT Adventure Tours has the right to use this material for promotional purposes, including social media, even if participants are recognizable in them, without any obligation to pay the participants for the use of their likeness.

Participants grant permission for the publication of these photos, slides and videos on ACT Adventure Tours social media channels and those of its partners.

19. Complaints 

19.1) Your Responsibility in Case of Issues:

If you experience any service disruptions or damages during the tour, please do your best to minimize the impact. We strive to provide a smooth experience, but if something goes wrong, please let us know immediately. You can contact us during regular business hours.

19.2) Filing a Complaint:

If you have a complaint, please submit it to us within 30 days after your trip ends. We understand that unforeseen circumstances may prevent you from meeting this deadline, and we will consider those cases on an individual basis.

19.3) Warranty Claims:

Any warranty claims related to the tour must be made by you, the customer. You cannot transfer this right to someone else.

20. Miscellaneous 

20.1) Contract Validity: If any part of the travel contract or these travel conditions is deemed invalid, it will not affect the validity of the rest of the contract.

20.2) Previous Travel Conditions: These travel conditions supersede all previously published conditions, which are no longer valid.

20.3) Verbal Agreements: Any verbal agreements made regarding the contract are not binding unless confirmed in writing by ACT Adventure Tours.

20.4) Print Errors or Mistakes ACT Adventure Tours reserves the right to correct any printing errors or calculation mistakes.

21. Place of jurisdiction 

The place of jurisdiction for both parties is agreed to be Los Gallardos (Spain).

22. Organizer 

ACT-Adventure Tours

Antigua Crta., de Turre
E-04280 Los Gallardos, Spain