Tour Terms & Conditions

Below is a comprehensive set of Tour Terms and Conditions tailored for GS Adventure Colombia (“Company”). These Terms and Conditions are in addition to (and do not replace) the Rental Terms and Conditions, where applicable. By participating in any tour organized by the Company, you (“Participant”) acknowledge that you have read, understood, and agree to be bound by all terms set forth herein, as well as the Rental Terms and Conditions when a motorcycle rental is involved.

1. Definitions

1. Company: GS Adventure Colombia, located at Carrera 43A #31 – 172 LOCAL INDEPENDIENTE, La Candelaria, Medellín, Colombia.
2. Participant: The individual or group members participating in the Company’s tour.
3. Tour: The guided or self-guided travel experience offered by the Company, which may include motorcycle rental, accommodations, route planning, and other related services.
4. Agreement: These Tour Terms and Conditions, together with any signed booking form, invoice, itinerary, payment receipt, or other document that references these Terms and Conditions.

2. Eligibility and Requirements

1. Age and License:
   • If the Tour requires motorcycle riding, the Participant must meet the age and licensing requirements detailed in the Rental Terms and Conditions (e.g., minimum age of 25, valid motorcycle license accepted in Colombia).
2. Experience:
   • Participants riding motorcycles must have at least two years of experience riding motorcycles of a similar size and power (e.g., BMW GS 800 or GS 1200).
3. Health and Fitness:
   • The Participant must ensure that they are in good health and physically fit for the activities included in the Tour.
   • The Company reserves the right to request a medical certificate if deemed necessary.
4. Travel Documents:
   • Participants are responsible for having valid passports, visas, insurance, or any other travel documents required to enter and remain in Colombia.
5. Insurance:
   • While the Company provides insurance coverage for the rented motorcycles (as per the Rental Terms and Conditions), it is highly recommended that the Participant secures additional travel, health, and accident insurance to cover personal risks, medical expenses, trip cancellations, and other contingencies.

3. Tour Inclusions and Exclusions

1. Inclusions:
   • Services explicitly listed in the Tour package (e.g., accommodation, certain meals, guided services, support vehicle, etc.).
   • Motorcycle rental (if included in the Tour package) under the terms stated in the Rental Terms and Conditions.
2. Exclusions:
   • Flights, airport taxes, visas, or other travel documents unless otherwise stated.
   • Personal expenses such as additional meals, snacks, beverages, laundry, phone calls, etc.
   • Personal insurance (travel, medical, accident, or otherwise) beyond what is provided by the Company for the motorcycle.
   • Fuel costs (where not specified) and any additional charges incurred for personal reasons.

4. Booking, Payment, and Cancellations

1. Booking:
   • A booking is confirmed once the Participant has paid the deposit or full amount (as specified by the Company), and the Company has issued a written confirmation.
2. Payment Schedule:
   • The Company may require a non-refundable deposit to secure the booking.
   • Full payment must be made by the date specified in the booking confirmation or invoice.
3. Cancellation by Participant:
   • The Participant must submit any cancellation or modification requests in writing via email to maxwell@gsadventurecolombia.com.
   • Refunds will be subject to the cancellation policy outlined in the Rental Terms and Conditions or in the specific Tour booking details.
4. Cancellation by Company:
   • The Company reserves the right to cancel any Tour due to insufficient bookings, unforeseen operational challenges, or events beyond its control (e.g., natural disasters, political instability). In such cases, the Participant will receive a full refund of all payments made to the Company.
   • The Company shall not be liable for any additional costs or losses incurred by the Participant (e.g., non-refundable airfare or travel arrangements made independently).

5. Tour Itinerary and Changes

1. Itinerary Changes:
   • While the Company endeavors to follow the published itinerary, changes to routes, accommodations, or activities may occur due to weather, road conditions, safety concerns, or other unforeseen circumstances.
   • The Company reserves the right to make reasonable alterations to the itinerary to ensure the safety and comfort of Participants.
2. Participant Initiated Changes:
   • Any Participant-initiated changes, such as early departure or additional nights, are subject to availability and may incur additional costs.

6. Participant Responsibilities

1. Compliance with Local Laws:
   • Participants must comply with all Colombian traffic regulations and other laws, including health requirements.
2. Safe and Prudent Conduct:
   • Participants must ride responsibly and exercise caution at all times, particularly on unfamiliar roads or challenging terrain.
   • Any reckless or dangerous conduct that jeopardizes the safety of the Participant, other travelers, or local communities may result in immediate termination of participation without refund.
3. Respect for Local Culture and Environment:
   • Participants are expected to respect local customs, traditions, wildlife, and environmental regulations.
4. Use of Company Property:
   • If a motorcycle rental is included, the Participant must abide by the Company’s Rental Terms and Conditions (e.g., maintenance, fuel policy, and return condition of the motorcycle).

7. Liability, Insurance, and Assumption of Risk

1. Motorcycle Insurance:
   • Rented motorcycles come with limited insurance coverage, including Third-Party Liability, Collision Damage, and Theft Protection, as described in the Rental Terms and Conditions. A deductible applies, and the Participant will be responsible for up to 15% of the cost of any damage or loss.
2. Assumption of Risk:
   • The Participant acknowledges that riding a motorcycle, especially in a foreign country, involves inherent risks (e.g., road conditions, wildlife, weather). By joining the Tour, the Participant voluntarily assumes all such risks.
3. Limitation of Liability:
   • To the fullest extent permitted by law, the Company shall not be liable for any loss, injury, or damage to persons or property, whether direct, indirect, incidental, or consequential, arising out of or related to participation in the Tour.
4. Indemnification:
   • The Participant agrees to indemnify and hold the Company, its agents, employees, and subcontractors harmless against any and all claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from the Participant’s acts, omissions, or breach of these Terms.

8. Safety and Medical Emergencies

1. Medical Treatment:
   • The Participant consents to any necessary medical treatment in the event of an emergency.
   • The Company is not responsible for the quality and costs of any medical care received; the Participant shall bear any associated expenses.
2. Protective Gear:
   • Participants are required to wear appropriate protective gear (e.g., helmet, jacket, gloves, knee protectors, and boots) at all times while operating or riding as a passenger on a motorcycle.
3. Roadside Assistance:
   • The Company provides 24/7 roadside assistance for mechanical failures not caused by the Participant.
   • In the event of a breakdown caused by the Participant’s negligence or improper use, any associated costs may be charged to the Participant.

9. Force Majeure

1. Definition:
   • “Force Majeure” refers to any event beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, or government restrictions.
2. Consequences:
   • The Company shall not be liable for any failure to perform its obligations under these Terms if such failure is due to Force Majeure.
   • If a Force Majeure event impacts a Tour, the Company will use reasonable efforts to reschedule or modify the Tour, and any refunds or credits will be at the Company’s discretion.

10. Photography and Marketing

1. Media Usage:
   • During the Tour, the Company or its representatives may capture photographs or videos featuring Participants.
   • Participants grant the Company a perpetual, worldwide, royalty-free license to use such media for promotional, marketing, or archival purposes.
2. Opt-Out:
   • Participants who do not consent to the use of their images must inform the Company in writing prior to the start of the Tour.

11. Personal Property

1. Responsibility:
   • The Company is not responsible for any loss or damage to personal property, whether left on motorcycles, in hotel rooms, or elsewhere.
2. Valuables:
   • Participants are advised to keep valuables secure and to obtain suitable travel insurance to cover any losses.

12. Termination of Participation

1. Termination by the Company:
   • The Company reserves the right to terminate a Participant’s involvement in the Tour if the Participant breaches these Terms or engages in conduct deemed unsafe or detrimental to the Tour.
   • No refund will be provided if termination is due to the Participant’s breach or misconduct.

13. Governing Law and Jurisdiction

1. Applicable Law:
   • The laws of Colombia shall govern these Tour Terms and Conditions and any disputes arising hereunder.
2. Jurisdiction:
   • Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Medellín, Colombia.

14. Amendments and Severability

1. Amendments:
   • Any amendments or modifications to these Terms must be made in writing and signed by both the Participant and an authorized representative of the Company.
2. Severability:
   • If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Acceptance of Terms

1. Agreement:
   • By booking and participating in the Tour, the Participant acknowledges that they have read, understood, and agreed to these Tour Terms and Conditions.
2. Rental Terms Integration:
   • When a motorcycle rental is included in the Tour, the Participant further agrees to abide by the Company’s Rental Terms and Conditions, which are incorporated herein by reference.