Terms And Conditions

  1. PREAMBLE

The site www.enduromaniatours.com is property of S.C. Profi Moto Shop S.R.L.

The use (visiting or buying services) of this site implies the acceptance of the terms and conditions contained in this document. Considering this, and for the use, under the best conditions, of www.enduromaniatours.com, it is recommended to read this document completely.

S.C. Profi Moto Shop S.R.L. assumes the right to make changes to the clauses that follow without notice. The latest version of this document will be published on this page in case of changes.

This agreement (tour and rental) takes effect only after written confirmation of participation from S.C. Profi Moto Shop S.R.L. and is binding on both Contracting Parties.

 

  1. COMPANY IDENTITY AND DESCRIPTION OF THE SERVICES

Company name: S.C. Profi Moto Shop S.R.L.

Address: Romania, Sibiu, 2A Cooperatorilor St., 550041

VAT Identification No.: RO35305423

Registered with Sibiu Trade Register under no.: J32/1205/2015

Bank account (EURO): RO70BTRLEURCRT0329752101

Swift: BTRLRO22

Transilvania Bank Sibiu

Administrator: Fratila Paul-Nicolae

Phone number: 0040740565076

E-mail address: office@enduromaniatours.com

Website: www.enduromaniatours.com

We organize enduro and snowmobile tours and offer enduro and touring bikes and snowmobiles for renting, as described on the website.

The services that we provide are as presented on the website at the time of booking. A service that is not explicitly mentioned on the website is not included in the price of the presented packages.

 

  1. RIGHTS AND OBLIGATIONS OF THE CLIENT
  • The participation in any tour is possible with any vehicle of any make that meets the requirements of that tour.
  • It is the responsibility of the client to analyze his/her individual skills and abilities in order to be able to participate in the tour or to rent a vehicle and the client takes full responsibility for the decision made, while the organizer has no obligation to test or verify the client in this regard. The client needs to know if his/her experience and skills will help him/her complete the chosen tour, whereas S.C. Profi Moto Shop S.R.L. does not have any obligation to determine or monitor the client’s sports skills.
  • It is mandatory for every client to have a driving license valid for the category of the rented vehicle during the tour or the rental period of the vehicle.
  • The client is required to wear appropriate special protective equipment during the tour or the rental of the vehicle. Using the helmet is mandatory!
  • If the client participates in the organized tour with his own vehicle, then he must make sure that it is in perfect technical condition and meets all the legal and organizer’s requirements (example: type of the tires used). S.C. Profi Moto Shop S.R.L. has no obligation to verify that these requirements are met by the client.
  • The client is obliged not to provide false information when making a booking on the website.
  • Tours and rented vehicles are booked in order of arrival of the requests. After making the booking on the website, the client will receive the written confirmation of the booking from S.C. Profi Moto Shop S.R.L. as well as the necessary documents and additional information about the tour and/or the rented vehicles.
  • Providing information about passport, customs, visa and vaccinations of tourists is the responsibility of the client, while S.C. Profi Moto Shop S.R.L. has no obligation to provide information in this regard. The client is solely responsible for complying with these provisions, in particular for obtaining the necessary visas or vaccines.

 

  1. RIGHTS AND OBLIGATIONS OF THE SELLER
  • S.C. Profi Moto Shop S.R.L. reserves the right to modify certain features of the tour, such as the route or accommodation, only when absolutely necessary, providing equivalent services to the client and without affecting the usual tour.
  • S.C. Profi Moto Shop S.R.L. reserves the right to cancel this agreement if the client violates the traffic regulations or the instructions of the guide and will be entitled to withhold the rented vehicle from the client. In this case, the tour or the rental value will not be refunded to the client.
  • S.C. Profi Moto Shop S.R.L. reserves the right to reschedule a tour/rental of a vehicle if the client chooses a period when there are no available places/vehicles. This will be notified in writing by the organizer as soon as possible after the booking was made by the client.
  • S.C. Profi Moto Shop S.R.L. has the right to replace the rented vehicle if it is damaged and cannot be repaired on the spot, with a spare one from the assistance car, however without guaranteeing that it will be the same model as the one originally rented.
  • Copyright on the information published on the site: The entire content of the enduromaniatours.com website - images, texts, graphics, symbols, web graphics, emails, scripts, programs and other data - is the property of S.C. Profi Moto Shop S.R.L. and its suppliers, and is protected by the Copyright Act (Law No. 8/1996) and the Intellectual and Industrial Property Laws. The use of any of the abovementioned elements without the consent of S.C. Profi Moto Shop S.R.L. is punishable under the applicable law. The use of the enduromaniatours.com website is permitted only within the limits set forth in this document. Also, the site name (enduromaniatours.com) as well as the graphics are the trademark registered under no. M2018 00167 of 15.01.2018. owned by S.C. Profi Moto Shop S.R.L. and cannot be taken, copied or used without the written permission of the owner.

 

  1. RENTAL OF VEHICLES (MOTORCYCLES AND SNOWMOBILES)
  • Clients have the opportunity to rent motorcycles and snowmobiles from S.C. Profi Moto Shop S.R.L. Enduro motorcycles and snowmobiles will only be used during tours organized by S.C. Profi Moto Shop S.R.L. and will be booked by the client with the desired tour. When renting touring motorcycles, it is not mandatory to book a guide, and the client can choose whether to go accompanied or not with the touring motorcycle.
  • The rental period of the vehicle should not be affected by its unavailability caused by the client or his/her inability to handle the vehicle.
  • Until the vehicles are made available by S.C. Profi Moto Shop S.R.L. to the client, the latter will constitute a guarantee, money that he will receive back, less the value of the damage of the vehicle (if any). In the case of snowmobiles the guarantee is EUR 500 and in the case of touring motorcycles the guarantee is EUR 200.
  • Enduro motorcycle insurance included in the tour packages with the motorcycle of S.C. Profi Moto Shop S.R.L. covers damages of up to EUR 350; damages exceeding this value have to be paid by the client to the organizer.
  • The expenses resulting from any damage caused intentionally to the rented vehicles or because of the negligence of the client will be borne by the client.
  • In the case of enduro motorcycles rented for their use in competitions and/or on routes of extreme difficulty, the client is obliged to bear all the costs for repairing the damages of the vehicles.

 

  1. LIMITATION OF COMPANY’S LIABILITY
  • The client is aware of the fact that he/she is participating in the tour and/or rents a vehicle on his/her own responsibility.
  • The liability of S.C. Profi Moto Shop S.R.L. and its collaborators and/or employees is limited to the amount of the tour and rental fee in event of loss incurred by the client arising from his/her participation in the tour, unless the damage is caused by the organizer’s and/or his collaborators and employees’ serious fault or gross negligence, or in case S.C. Profi Moto Shop S.R.L. is liable for a client’s loss solely due to the default of a service provider. The limit of liability does not apply to the client's bodily injuries.
  • Prior to participating in the tour/renting a vehicle, the client must sign a personal statement for limitation of liability. When booking an EnduRomaniaTours service through the web page, the client automatically accepts this limitation of liability, and it is not necessary to accept it otherwise. In case of booking an EnduRomaniaTours service by e-mail, the signed statement must be returned to the organizer as soon as it has been received. This statement is sent to the client with the registration form. S.C. Profi Moto Shop S.R.L. informs its clients that it is obliged to prevent participation in the tour without having previously signed/accepted the statement of limited liability.
  • S.C. Profi Moto Shop S.R.L. and the travel guide waive any liability for property damages or bodily injuries caused by the client if the damage is not covered by the mandatory liability insurance. In case of actual damages, the client will indemnify S.C. Profi Moto Shop S.R.L. and the guide and will consider them innocent.
  • It is recommended that clients conclude appropriate personal insurance (e.g. medical insurance, cancellation insurance, repatriation insurance). If they refuse to do so, they will assume any financial loss associated with this journey.

 

  1. INVOICE AND PAYMENT POLICY

The payment of the purchased services can be done either by bank transfer, online by debit or credit card or cash.

Depending on the time of booking, there are the following payment options:

  • Payment of the entire amount when booking the desired services;
  • Payment of 40% advance when booking the desired services and payment of the remaining 60% within up to two weeks prior to the tour/rental;
  • Payment in monthly installments.

The client will bear all bank charges related to bank transfer payments.

The guarantee for the rental of snowmobiles and touring motorcycles will be refunded to the client when returning the vehicle if there is no damage to the vehicle, otherwise the value of the damages will be deducted and the difference will be refunded to the client, or if the value of the damages exceeds the value of the guarantee, the difference will be paid by the client.

The client has the obligation to provide all required data for the issue of the invoice in accordance with the law.

All prices indicated on the website include VAT.

 

  1. WITHDRAWAL FROM AND ASSIGNMENT OF THE AGREEMENT

The client has the right to withdraw from this agreement at any time, stating that he/she will have to pay cancellation fees for the services contracted instead of their price, namely:

  • 40% of the price of the contracted services (tour and/or vehicle rental), in case of withdrawal from the time of booking up to 8 weeks before the tour/vehicle rental period starts;
  • 60% of the price of the contracted services (tour and/or vehicle rental), in case of withdrawal between 8 to 4 weeks before the tour/vehicle rental period starts;
  • 80% of the price of the contracted services (tour and/or vehicle rental), in case of withdrawal in the last 4 weeks before the tour/vehicle rental period starts;
  • 100% of the price of the contracted services (tour and/or vehicle rental), in case of non-participation without prior notification.

The notification of withdrawal will be made in writing, by registered letter or by e-mail. The organizer will confirm in writing the receipt of the notification, by registered letter or e-mail, and the client’s withdrawal will be considered at such time of the receipt.

The abovementioned deadlines refer to the time when the organizer confirms the client's withdrawal from the agreement. The organizer has the right to set off the cancellation fee against the participation fee paid in advance and to refund the difference to the client. It is recommended that clients take travel cancellation insurance.

The client may assign the agreement to another person, provided that he/she meets all the mandatory requirements for participating in the tour/renting a vehicle and S.C. Profi Moto Shop S.R.L. has to be notified within a reasonable time of the change. The transferor and the new participant are jointly and severally liable for unpaid fees and any costs resulting from the transfer.

 

  1. CANCELLATION OF THE CONTRACTED SERVICES

S.C. Profi Moto Shop S.R.L. reserves the right to postpone or cancel the contracted tour and/or to change the period for the rented vehicles, only in exceptional cases. In addition, the organizer has the right to cancel the tour up to one week before it starts if the minimum number of participants has not been reached (minimum 3 persons). In this case, the participant will be notified without delay by e-mail or by telephone.

In case of postponement or cancellation of a contracted service, the client has two possibilities: to contract a service for the same amount for another period (also convenient for S.C. Profi Moto Shop S.R.L.) or to receive back the money paid. The value of external services that are not directly linked to a booking made with S.C. Profi Moto Shop S.R.L. cannot be refunded.

 

  1. PRIVACY POLICY
  • Collecting of information

S.C. Profi Moto Shop S.R.L. as author, owner and administrator of www.enduromaniatours.com, respects the privacy and security of processing the personal data of every person accessing the website for online orders.

In accordance with the provisions of Law no. 677/2001 on the protection of individuals regarding the processing of personal data and the free circulation of this data and of Law no. 506/2004 on the processing of personal data and the protection of privacy, S.C. Profi Moto Shop S.R.L. has the obligation to administer safely and only for the purposes listed below, the personal data provided to it.

S.C. Profi Moto Shop S.R.L. undertakes to keep the confidentiality of the personal data provided through the website www.enduromaniatours.com, as required by the provisions of Law 677/2001 on the protection of personal data, as amended.

In accordance with the provisions of Law no. 677/2001, the persons registered as the persons concerned have the following rights:

  • The right to information (art.12)
  • The right of access to personal data (art.13);
  • The right to intervene on personal data (art.14);
  • The right of opposition (art.15);
  • The right not to be subject to an individual decision (art.17);
  • The right to appeal to justice (art.18).
  • Use of information

Any of the information that S.C. Profi Moto Shop S.R.L. collects may be used to:

  • Provide the services requested by the client;
  • Confirm the services the client ordered online and provide additional information about them;
  • Personalize the client’s/user’s experience and respond to individual needs;
  • Improve the website;
  • Improve client service and support needs;
  • Contact by email;
  • Administrate a contest, promotion or survey;
  • Send notifications and newsletter with client/user approval;
  • Inform clients/users about commercial activities, promotion of goods and services, marketing, advertising, market research.
  • E-Commerce privacy - Online payment with credit/debit card via EuPlatesc (Visa/Maestro/Mastercard)

If the client has chosen the payment method “Online with credit/debit card”, it is necessary to fill out a form with the information about his/her card on the secured page of the payment processor.

 - The payments with credit/debit cards issued under the logo Visa and MasterCard (Visa/Visa Electron and MasterCard/Maestro) are performed through the "3-D Secure" system, developed by organizations that provide the same security level for online transactions as the one provided for ATM transactions or in the physical environment, at the merchant.

 - "3-D Secure" ensures first that no information related to the client’s card is transferred or stored at any time on the servers of the store or on the payment processor’s servers, this data being entered directly into the systems of Visa and MasterCard.

Note! - There are no charges for bank card payments!

  • Disclosure to third parties

S.C. Profi Moto Shop S.R.L. will not disclose the client’s data (personal information or optional information) to a third party (this does not include trusted third parties assisting us in operating our website or in managing the business as long as the parties agree to keep the confidentiality of this information) without his/her consent, unless S.C. Profi Moto Shop S.R.L. is convinced, in good faith, that the law requires this or it is necessary to protect the rights or property of the company.

  • Cookies

S.C. Profi Moto Shop S.R.L. uses cookies that improve the access to the website and identify repeated visits. Moreover, the cookies increase the experience of a user by tracking and directing according to his/her interests. This use of cookies, however, is in no way related to any personal identification information on the site.

  • Unsubscribe

S.C. Profi Moto Shop S.R.L. uses the provided email address to send information and order updates to the client/user, occasional news about the company, information about the services, etc. If at any time a client wishes to unsubscribe from receiving future emails, he/she is kindly asked to send an email at office@enduromaniatours.com specifying this.

  • Consent

By using the site, the client/user agrees to the privacy policy of S.C. Profi Moto Shop S.R.L.

Any information provided by the client/user will be considered and will represent his/her express consent that his/her personal data can be used by S.C. Profi Moto Shop S.R.L. in accordance with the above-mentioned purposes.

If the client/user wants his/her personal data to be updated or removed from the database, or he/she has questions about the confidentiality of the data, he/she can contact S.C. Profi Moto Shop S.R.L. at any time using the existing contact information on the site. If the client doesn’t want his/her data to be collected, he/she is kindly asked not provide it to S.C. Profi Moto Shop S.R.L.

 

  1. FORCE MAJEURE

Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event. Force majeure is the unpredictable event beyond the control of the parties and cannot be avoided.

 

  1. DISPUTE SETTLEMENT AND APPLICABLE LAW

This document is governed by the Romanian law. Any disputes between the organizer and the clients will be solved amicably or, if this is not possible, they will be settled by the competent Romanian courts (Sibiu, Romania).

The European Commission has implemented an online dispute resolution platform, where parties can resolve disputes arising from online transactions. (link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=RO)

 

     13. OTHER PROVISIONS

The parties to the agreement will be considered independent contractors and neither of the parties is given the right or authority to assume or create any obligation on account of or to the detriment of the other. The terms and conditions in this document supersede any prior written or verbal agreement between the Parties regarding the subject matter of this Agreement and may not be altered or changed except by written agreement signed by both parties.

Date of the document: January, 2018

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