TERMS & CONDITIONS of INDEMNITY & RELEASE FORM

1. MOTORCYCLE TOUR PRICE INCLUDES:

The motorcycle tour price includes the motorcycles, helmets, wet weather gear, meals as specified on our itineraries, mealtime non-alcoholic drinks, petrol, tolls, and scheduled entrance fees.

Motorcycle tour prices are based on twin-share for hotel rooms and resorts for all nights thereafter, including the last night of the motorcycle tour when we return to our final destination.  If a separate room is required, the single-occupancy surcharge applies.

2. MOTORCYCLE TOUR PRICE DOES NOT INCLUDE:

The motorcycle tour price does not include airfare, alcohol, snacks, non-mealtime drinks and refreshments, rest-day activities not included in our itineraries, pre- and post-motorcycle tour hotel accommodations, hotel/resort minibar items and unauthorized food and drink orders, items of a personal nature, passport and visa fees, fines, laundry, phone/fax calls, personal insurance, optional tours, activities and sightseeing excursions.

3. RESERVATIONS, DEPOSITS, FINAL PAYMENTS:

Your motorcycle tour application can be made by email or fax only, go to Contact Us. All costs are in Philippine Pesos.

Your place on an M.A.T.P.I. motorcycle tour will be reserved upon receipt of your deposit of Php10,000 by bank transfer (T.T.).  Personal cheques are not accepted. Photo copies of your Passport and International Drivers Licence must be handed over to our representative prior to the tour departing. Your original Passport and International Drivers Licence will be viewed by our representative at this time.

Deposits are fully applied to your final payment.  If your selected tour becomes fully booked while you are sending in your application and deposit, your deposit will be promptly refunded. Your booking is considered final and binding on the receipt of M.A.T.P.I.’s tour confirmation.

4. PAYMENT AND DUE DATE:

After invoicing, the balance must be paid 30 days prior to the tour departure.  M.A.T.P.I. reserves the right to cancel reservations not paid in full by the due date.

If you sign up less than 30 days prior to departure, the initial payment must be paid in full before we can confirm your booking.

5. CANCELLATIONS AND REFUNDS:

This cancellation and refund policy is not intended to be punitive, but reflects that once you book, M.A.T.P.I. makes advance payments and expenditures which cannot be recovered. When cancellation notice is short, M.A.T.P.I. loses any possibility of replacing you. We appreciate that there are unavoidable reasons for last-minute cancellations, so please take out separate holiday cancellation insurance to cover this.

M.A.T.P.I. guarantees all motorcycle tour departures but reserves the right to cancel a tour if minimum booking numbers (4) are not reached, for extreme weather conditions or in an event that may affect your safety.  In this case, M.A.T.P.I. will give, when possible, a 10 day cancellation notice.

A full refund can be provided, or an alternative tour date that is scheduled to your approval.  On certain occasions, a tour may be able to proceed with only one participant. If you end up being a sole participant, M.A.T.P.I. will notify you of this in advance.

If the motorcycle tour is cancelled for any reason within M.A.T.P.I.’s control prior to departure, a full refund will be given.  If the tour is cancelled for any reason beyond M.A.T.P.I.’s control during a tour, no refund can be granted.

6. PERSONAL INSURANCE:

There is no insurance coverage for injury to the rider and/or pillion passenger.  It is highly recommended that participants take out personal travel insurance beforehand to cover such things as tour and travel cancellation/interruption, personal injury, health and medical, hospitalization, property loss/theft, etc.

7. MOTORCYCLES AND INSURANCE:

The motorcycles used on this tour are covered by Third Party insurance only and are governed by the by-laws of an accredited insurance company operating in the Philippines.

8. MOTORCYCLE SECURITY DEPOSIT:

A cash or irrevocable deposit for the amount of Php10,000 must be paid prior to your motorcycle tour departure.  It will be refunded at the completion of the motorcycle tour, provided no damage or loss, caused by accident or negligence, has occurred to the motorcycle.  If damage and repair costs are less than Php10,000, then the balance between the damage and repair costs and the deposit will be refunded.  Lost motorcycle keys will be charged at Php500 per key.

9. MOTORCYCLE TOUR INSURANCE:

The above-mentioned motorcycle tour destinations and activities do not include coverage of any kind. Other than Third Party insurance coverage.

10. DRIVER & PASSENGER REQUIREMENTS:

Drivers: must be at least 18 years old and hold a current driver's license.  (A motorcycle license is not required).  In addition, drivers must have an international driver’s license.  All local road rules must be complied with.  Your motorcycle tour leader will give each rider a briefing about local speed limits, signage, and other applicable travel regulations.  It is the rider’s responsibility to adhere to all traffic regulations.  Helmets are mandatory in most cities and we recommend them to be worn at all times.

Passengers: A passenger must be at least 12 years old.  Helmets are mandatory for minors.

Drivers and passengers must be aware of traffic, road conditions, weather, and other motorcyclists.  Drivers and passengers understand that motorcycling is a dangerous activity and are aware of these risks and fully accept those risks, and are solely responsible for keeping their motorcycle under control, selecting proper speeds, and adhering to the laws of the Philippines.

Drivers are solely responsible for their choice of riding style and speed selection even when following a motorcycle tour guide in a convoy formation with other motorcyclists.

Drivers and passengers, their heirs, successors, and assigners, agree to release, indemnify, and hold M.A.T.P.I., its agents, contractors and employees harmless from any and all liability or claims directly or indirectly related to participation on a motorcycle tour.

11. ACKNOWLEDGEMENT OF RESPONSIBILITY:

MOTORCYCLE ADVENTURE TOURS PHILIPPINES INC. is responsible within the framework of the duty and care of a merchant in good standing, for arranging and providing the services listed in the motorcycle tour itineraries and descriptions.  M.A.T.P.I. reviews its hotels, resorts and contractors on a continuing basis.  M.A.T.P.I. is responsible for conscientious travel preparations.  M.A.T.P.I. reserves the right to change any part of a motorcycle tour to improve its content or to adapt to changing conditions and situations as they arise.  M.A.T.P.I. customers must understand that some M.A.T.P.I. motorcycle tours go to undeveloped parts of the Philippines where the most meticulous preparations can go awry.  M.A.T.P.I. is not responsible or liable for any delays or any changes in the schedule or accommodation standard due to unplanned events.  M.A.T.P.I. is not responsible or liable for any accidents and/or bodily injury or death resulting from the use of the motorcycle or participating in any other tour activities.  M.A.T.P.I. is not responsible for any acts of God, strikes, theft, or other conditions beyond our control.  M.A.T.P.I. is not responsible or liable for any personal property lost or damaged while on a motorcycle tour.

12. ACKNOWLEDGEMENT OF RESPONSIBILITY - DRIVERS AND PASSENGERS:     

Each rider and passenger must read, accept and sign this M.A.T.P.I. TERMS & CONDITIONS and INDEMNITY & RELEASE FORM at the time of Induction and before the tour departs.  If a tour member refuses to sign this form at the time of induction the tour member will forfeit their position on the tour and their total payment.  The participant’s signing of the TERMS & CONDITIONS and INDEMNITY & RELEASE FORM will be the rider’s and the passenger’s acceptance of the risks of personal injury, property damage, or any loss associated with the said tours.  Each rider/passenger rides at his/her own risk and is legally liable for injury or damage to fellow participants or other road users, whether being led by the motorcycle tour leader or otherwise.  Each rider must ride within his/her own skill level and with due consideration for their own safety, that of their fellow travellers and road users.  Each rider and passenger should follow the directions of the motorcycle tour leader. 

The motorcycle tour leader reserves the right to terminate a rider’s or passenger’s motorcycle tour if he considers the rider or passenger is unsafe either to himself/herself or to others, or for offensive behaviour, and thereby forfeiting the balance of the motorcycle tour.

Offensive behaviour to Filipino citizens will not be tolerated. 

13. CURRENCY FLUCTUATIONS:

Motorcycle tour prices are calculated based on currency exchange rates and tariffs in effect at the time of printing or publishing on the web site.  Severe international currency exchange and fluctuations are adjusted at the final payment.  In the event that a price increase is necessary by M.A.T.P.I. and greater than 5%, you have the right to cancel this agreement within 10 days of notification with no penalty or cost.  If you have paid in full for a motorcycle tour, you will be protected from any price increases and not required to pay any additional monies because of subsequent currency exchange fluctuations.  Prices on this web site are valid for the 2008 season only and are subject to change without notice.

14. REQUIRED PHOTOCOPIED or ORIGINAL DOCUMENTS:

a. Copy of: Country of residence unexpired driver's license.

b. Copy of: International driver's license

c. Copy of: Passport.

All of the above requirements and the respective original documents must accompany you at the tour induction.

15. SPECIAL ARRANGEMENTS:

Persons leaving or failing to complete a motorcycle tour for any reason must make their own arrangements for transportation, lodging. A charge will incure motorcycle return to the motorcycle tour’s final destination, at their own expense, unless prior arrangements with M.A.T.P.I. have been made.  Any cancellation refunds will consist of whatever monies can be recovered from hotels/resorts and other contractors.

(In this case, we would endeavour to help you with your travel and accommodation needs).

16. CORRECTIONS:

M.A.T.P.I. reserves the right to correct printing errors or omissions at any time.  Unaffected portions continue to remain valid as a whole. Changes to individual terms in this Agreement does not lead to the invalidity of this entire Agreement.

17. VERBAL ARRANGEMENTS:

Verbal arrangements changing the terms and conditions between you and M.A.T.P.I. are only valid when confirmed in writing by M.A.T.P.I.  The contained TERMS & CONDITIONS  constitute the entire Agreement between you and M.A.T.P.I.  There are no other conditions, representations, guarantees, etc. than those set herein.

Itineraries are subject to change on an ongoing basis.

18. JURISDICTION:

The agreement between M.A.T.P.I. and the Participants is deemed and made in the Philippines and in case of disputes shall be decided in accordance with the law of contract and general laws of the Philippines.  The parties herein agree that in case of any dispute, they will be subject to the jurisdiction of the proper courts of Dumaguete City, Oriental Negros, Philippines.  The parties herein agree to be bound by their decisions including all decrees and agreements.

19. PHOTOGRAPHIC AND FILM RECORDS:
 

M.A.T.P.I. reserves the right to take photographs or film records of any of its tours and participating tour members, and to use agreed photographs and film records for promotions, sales, brochures, web site content, or other commercial purposes; provided that there are no objections from any tour members.

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The motorcycle tour leader reserves the right to terminate a rider’s or passenger’s motorcycle tour if he considers the rider or passenger is unsafe either to himself/herself or to others, or for offensive behaviour, and thereby forfeiting the balance of the motorcycle tour.

Offensive behaviour to Filipino citizens will not be tolerated. 

SIGNATURE OF CLIENT

x-  _____________________________

Name _______________________

Date ________________________   

SIGNATURE OF REPRESENTATIVE,

MOTORCYCLE ADVENTURE TOURS PHILIPPINES INC.

x-  _____________________________

Name _______________________

Date ________________________   

SIGNATURE OF WITNESS

x-  _____________________________

Name _______________________

Date ________________________