Terms and Conditions

Tour Operator

Ecuador MotoRides S.A. - EMR Av. 10 agosto N 51-97 y Algarrobos Quito - Ecuador

Booking a Trip with EMR

Upon submission of your online booking form and payment of your trip deposit, you acknowledge and agree that you have read, understood and accepted all Terms and Conditions of this agreement as a binding contract between EMR and you, the trip participant. In addition, EMR requires a duly signed Release and Waiver form to be provided by EMR.

Trip Reservation and Deposit

A deposit of US$500.00 per person is required to establish and hold a reservation. Full payment is required 60 days prior to the beginning of the trip. If full payment is not received 60 days prior to the start of the trip, EMR reserves the right to treat the reservation as cancelled and to charge a cancellation fee.

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 in full.  If you cancel within 30 days or less 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 started. 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 or opts for cancellation/interruption protection from EMR.

Motorcycle Rental and Security Deposit

Motorcycles are provided by EMR and the cost is included in the trip cost. EMR will attempt to provide trip participants with the model of motorcycle confirmed to the participant. If, after having confirmed the model of motorcycle requested, EMR finds that it is necessary to substitute a different model, EMR will notify the participant as soon as possible. If the participant does not wish to accept the proposed substitution, the participant may cancel the trip without penalty and the deposit and trip cost will be refunded.

Unexpected and uncontrollable situations may require last minute substitution of a motorcycle, including after the trip has begun. This includes, but is not limited to, mechanical failure, collision damage and theft. In this instance, EMR reserves the right to substitute the type of motorcycle confirmed. Should EMR not be able to replace a motorcycle with the confirmed type or similar, a pro-rated refund for the difference in models, if any, will be refunded to the participant. This constitutes the exclusive and maximum liability of EMR.

Motorcycle rental companies that provide motorcycles to EMR require a security deposit of up to
$5,000. 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.  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.

If a rider operates the bike after drinking an alcoholic beverage or using a mind-altering drug, either of a legal or illegal nature, the damage waiver signed by the rider is considered null and void and the rider incurs unlimited liability for damage to the motorcycle.

EMR is not obligated to replace a motorcycle damaged by the participant or damaged in a traffic accident.

Motorcycle Operation Requirements

Customers who intend to operate a motorcycle provided by EMR must be at least 30 years old and must have a valid motorcycle operator license. Customers must also attest that they have at least two years experience operating a motorcycle of similar size or larger than the motorcycle that will be provided by EMR.

Items Included in Trip Price

The tour price includes hotel accommodation in single or double rooms depending on your booking, motorcycle and everything listed in each tour description.

Items Not Included in Trip Price

Any item not specifically listed as included is not included. Alcoholic beverages are not included. Items of a personal nature are not included.

Room allocation

A limited number of single rooms are available at extra cost on a first-come basis, but availability cannot be guaranteed. EMR will attempt to find a roommate for riders not specifying single rooms on their booking form. If EMR cannot find a roommate, the single supplement will be charged without further notice.

Smoking in Hotel Rooms

EMR will attempt to match roommates according to smoking preferences. If EMR is unable to do so, participants agree to refrain from smoking in their hotel room.

Baggage

EMR assumes no responsibility for loss, damage or delay in delivering baggage to customers. Baggage turned over to EMR each day for transport is done so at rider’s own risk.

Tour Cancellation

Up to 30 days prior to the start of a scheduled tour, EMR may cancel the tour if an insufficient number of participants have booked and fully paid for the tour at that time. In case of such an event, EMR will notify the customers who have signed up for the tour and will offer to operate the tour if all customers agree with proposed changes to the tour. These changes may include payment of a supplemental charge, routing changes, or other changes that EMR proposes in order to operate the tour. If all customers do not agree to the proposed changes, EMR will promptly refund their payment in full, which will constitute the full settlement. EMR will not be liable for additional costs or losses incurred by the customers due to EMR’s cancellation of the tour due to lack of sufficient customers for the tour. This includes, but is not limited to, the cost of pre-paid airline tickets, hotel reservations and automobile rentals.

Non-Observance of Traffic Laws and Unsafe Group Travel Behavior

If the rider does not comply with local traffic laws, or does not practice safe group travel practices as described by the tour leader and by guidelines provided by EMR, the agreement with the rider may be canceled and riding privileges will be suspended. Riding privileges will be suspended for anyone under the influence of drugs or alcohol. Participants agree to refrain from alcoholic beverages until the motorcycles have been parked for the night.

Photo and Video Material

Photos and videos produced by EMR or its representatives during a trip are the property of EMR and copyrights remain with EMR. EMR can use this material for promotional and advertising purposes, including images in which individual tour participants can be recognized, without any charge for the use of this material.  The participant hereby grants his/her authorization to EMR to this effect.

Passport, Visa, Driving and Health Regulations

Participants are solely responsible for complying with above regulations and all consequences resulting from non-compliance.

Responsibility for Customer Safety

EMR is not responsible for any accidents. It is agreed and understood that neither EMR 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. EMR total and exclusive liability is limited to a total of three times the trip price irrespective of the title or claim.  EMR is in no way liable for loss of profit or consequential damages.

Weather

EMR 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.

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, to be determined at EMR’s sole decision.

Changes to Trip Cost

The cost of the trips quoted are the costs in effect at the time the quotation is given, either via the EMR web site or in printed materials. If cost factors such as currency fluctuations, insurance costs, or the cost of meals and accommodations dictate the need for an increase in the price of the trip, EMR may modify the price at any time prior to 60 days before departure. If a customer is not satisfied with such an increase, the customer may cancel the reservation and the entire deposit will be promptly refunded.

Verbal Changes

Verbal changes to these terms or conditions are invalid unless confirmed in writing by EMR.

Insurance

EMR recommends that customers take out adequate travel, health and accident insurance as well as trip cancellation insurance. EMR encourages customers to secure medical evacuation insurance.

Acceptance of Trip Terms and Conditions

I understand that I will be required to sign a release and waiver form before I can participate in an ERM tour.  I have read and accept the Terms and Conditions of EMR. 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 EMR, 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 Ecuador as to all matters. Any action between the parties hereto shall only be brought in a court in Ecuador 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.
 

Shopping cart

View your shopping cart.