Legal stuff
Booking
With submission of your online booking form and payment of your trip deposit, you agree that you have read and accepted all Terms and Conditions of this agreement as a binding contract between AA and you, the trip participant. In addition, AA requires to sign a Release and Waiver form (see bottom) before starting the trip.
Reservation
A deposit of $400 ($200 for the Dutch Heritage tour) per person is required to establish and hold a reservation. Full payment is required 60 days prior to the beginning of the trip.
The deposit can be made by credit card, paypal, etc. through the services of 2CO.com (*) at the moment of booking.
If full payment is not received 60 days prior to the start of the trip, AA reserves the right to treat the reservation as cancelled and to charge a cancellation fee.
Our relationship with our motorcycle rental partners calls for prepayment of reserved motorcycles in advance of the tour start date. We do not make payment confirming a rider's motorcycle until we have received full payment for the tour.
(*) Please note that all deposit orders are processed trough 2CO - www.2ceckout.com -
2CheckOut.com Inc. (Ohio, USA) is an autorized retailer for the tour trips provided by Alfonso's Adventures, an initiative of Mercator Productions.
Cancellation Fee and Refunds
If you provide written notice of your intention to cancel the trip 60 days or more before its scheduled commencement, there will be a 50% deposit forfeiture. If you cancel between 30 and 60 days prior to the scheduled commencement, the deposit will be forfeited. If you cancel 30 days or fewer prior to the scheduled commencement, the total trip cost will be forfeited. No refunds will be made to participants who drop out after the trip has begun.
No exceptions to this policy will be made for any reason. We strongly recommend the customer either obtains trip cancellation insurance from an insurance company
Motorcycle Rental and Security Deposit
For most trips, motorcycles are provided by a motorcycle rental company rather than by AA. In such cases, a security deposit of up to $5,000 (depending on the market and the make and model of the motorcycle) may be required by the rental company at the time the participant accepts delivery of the motorcycle. The deposit will be returned by the motorcycle rental company upon return of the undamaged motorcycle to the motorcycle rental company after the completion of the trip. If the motorcycle shows signs of damage, the security deposit will be treated as an insurance deductible and a portion or all of the security deposit will be withheld by the rental company to cover the damages.
The term “damages” is to exclude reasonable wear and tear. Minor blemishes or paint chips caused from gravel, stones, and insects are considered normal wear and tear, for example. Damage or scratches caused by an accident, dropping a motorcycle or riding it through bushes or off roadways is not considered normal wear and tear.
When a rider operates the bike after drinking an alcoholic beverage or using a mind-altering drug, the damage waiver signed by the rider is considered null and void and the rider incurs unlimited liability for damage to the motorcycle.
AA is not obligated to replace a motorcycle damaged by the participant.
Motorcycle Operation Requirements
Customers who intend to operate a motorcycle provided by AA must be at least 25 years old and must have a valid motorcycle operator license. Customers must also attest that they have at least two years of experience operating a motorcycle.
Items Included in Trip Price
The trip price includes the following:
1. Lodging for each night of the trip. Accommodation will be in single, double or twin rooms. Trip price is based on double occupancy, unless the single room supplement is paid.
2. Breakfast when included in the price of lodging, in accordance with local custom.
3. Dinners for most evenings, as specified in the individual trip description.
4. Support vehicle, available to carry two pieces of luggage per person.
5. Tour Guides. In addition to the support vehicle, one or more tour guides will be available per trip, depending on the number of participants per trip. Although it isn’t necessary to ride with a tour guide at all times, participants are invited to do so.
6. Tour Information Package. Approximately 45 days prior to the trip, and after receipt of full payment for the trip, you will receive a package containing all the information you need to pack and prepare for the trip, including detailed route descriptions, hotel listing, GPS routes and coordinates and route maps.
7. Activities (balloon rides, game drives, helicopter rides etc.) that are specifically identified in the published trip description for the trip.
Items Not Included in Trip Price
Any item not mentioned as included is not included. Alcoholic beverages are not included. Items of a personal nature are not included.
Arrival in Sri Lanka
If a customer so desires, we can take care of the reservation for a suitable airport-to-hotel transfer and your first nights in Negombo, before the tour commences.
Single Room Supplement
AA will try to provide single rooms for travelers who agree to pay the supplemental charge identified in the trip pricing information. If participant requests a roommate and AA cannot provide a roommate, participant will be notified 60 days prior to start of trip and given the option to pay the single room supplement or cancel the booking without penalty.
For some trips, the itinerary may call for staying in a small hotel where a single room is not available. AA cannot guarantee a single room for every night of such a trip, even though the participant may have elected the single room option.
Baggage
AA assumes no responsibility for loss, damage or delay in delivering baggage to customers. Baggage turned over to AA each day for transport is done so at rider’s own risk.
Participants Using Their Own Motorcycle
No motorcycle insurance will be provided by AA for participants who provide their own motorcycles.
Passport, Visa, Driving and Health Regulations
Participants are responsible for complying with above regulations and all consequences resulting from non-compliance.
Participants are expected to have an international drivers license with them. As IDL's need to have a priorlocal attestation in Sri Lanka, AA can take care of that formality, but needs the participant to and over his/her IDL at least one working day on beforehand.
Responsibility for Customer Safety
AA is not responsible for any accidents. It is agreed and understood that neither AA nor its agents are the guardians of any customer’s safety and that they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the tour, which might result in injury, death, or other damage to the customer, his property, or his family, heirs or assigns.
Weather
AA cannot be made liable for unpleasant or unsuitable weather conditions that occur during a trip and no refunds or adjustments to the trip price will be made for such conditions. Sri Lanka is situated in the tropics, and rain (usually concentrated in short heavy rain showers) can occur regularly in any season. Although tropical cyclones are extremely rare, they can occur and hence enforce appropriate actions, including halting the tour for one or more days and rescheduling the remainder of the tour.
Changes to Schedule
It may be necessary in some instances to change the schedule that was originally published for a trip, requiring a change in accommodations and routing. Such changes may result from changes in the weather, road construction, or other unforeseen situations. No claims can be accepted for these changes.
Acceptance of Trip Terms and Conditions
You need to sign a printout of the above regulations, including the following clauses:
I understand that I will be required to sign a release and waiver form before I can participate in an AA trip. I have read and accept the Terms and Conditions of AA. I’m aware that motorcycling can be dangerous. I’m aware that traffic conditions, roads, weather and other conditions as well as the actions of other members of the trip can influence the risks. I agree to accept those risks.
I’m an experienced, responsible and healthy motorcyclist with a valid motorcycle driver license. As a passenger I’m aware of the potential dangers of motorcycling.
I further agree and understand that the owners, operators and agents of this trip, including AA, are not the guardians of my safety. They, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or my participation in the trip which might result in injury, death or other damage to me, my property, or my family, heirs, or assigns.
These terms and conditions shall be governed by the internal laws (exclusive of the choice of law provisions thereof) of Sri Lanka as to all matters. Any action between the parties hereto shall only be brought in a court sitting in Sri Lanka and not in any other jurisdiction and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs.
Release and Waiver of Liability
This Release and Waiver of Liability (“Release”) is executed and effective as of the date set forth below, by the undersigned acting for myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might claim or sue on my behalf (“Participant”) in favor, and for the benefit, of Alfonso's Adventures (AA) and its past, present and future shareholders, directors, officers, employees and agents (collectively with AA, the “Released Parties”).
Recitals:
A. Participant desires to participate in a motorcycle touring event (the “Tour”) being conducted by AA.
B. As a condition precedent to AA permitting Participant to participate in the Tour, AA requires that Participant execute and deliver this Release.
Agreements:
For and in consideration of AA permitting Participant to participate in the Tour, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Participant, Participant hereby agrees as follows:
1. Dangerous Activity. Participant expressly acknowledges and agrees that the activities of the Tour are dangerous and involve the risk of serious injury and/or death and/or property damage and the Participant expressly assumes such risk.
2. Release. Participant unconditionally and irrevocably releases, waives and discharges each of the Released Parties from any and all claims, demands, causes of action, obligations, suits, damages and liabilities for (i) death, personal injury, partial or permanent disability, property damage or loss and medical or hospital bills and (ii) theft, loss, damage or delay in delivering baggage or other personal property of Participant, that arises or results from or is otherwise related to Participant’s participation in the Tour (collectively, the “Claims”). Participant expressly agrees that the foregoing includes Claims that may arise from the negligence of a Released Party, another participant in the Tour or other persons and that the foregoing is intended to be as broad and inclusive as is permitted by applicable law.
3. Covenant Not to Sue. Participant covenants and agrees never to commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against any Released Party any action or other proceeding based upon any Claims.
4. Governing Law. These terms and conditions shall be governed by the internal laws (exclusive of the choice of law provisions thereof) of Sri Lanka as to all matters. Any action between the parties hereto shall only be brought in a court sitting in the Republic of Sri Lanka and not in any other jurisdiction and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs.
5. Entire Agreement. This Release is the entire agreement between Participant and the Released AA Parties concerning the subject matter hereof, and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding unless reduced to writing and signed by Participant and AA.
6. Invalid Provisions. If any provision of this Release is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Release shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Release, and the remaining provisions of this Release shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.
