Terms and conditions

Registration

By registering, the customer offers the organiser, Swiss Motorcycle Academy, to enter into a contract. Registration is only possible in writing (e-mail included).

Deposit and balance

To reserve a training, a deposit of 50 % of the training unit is due on booking. The balance is paid in cash on site. For prices below CHF 200.—, the full amount is due on booking.

Services

The organiser's services follow from the respective descriptions in the brochure, catalogue or offer. The organiser reserves the right to make minor changes to the course of the event.

Suitability of participants

By registering, the participant declares: I am in good general health and meet the demands the event places on me. If the organiser finds that a participant is not, or no longer, up to the demands of the event, that participant may be excluded from further participation. There is no claim to a refund of the fee.

Rules and laws

The participant alone is responsible for complying with passport, customs, visa and health regulations as well as applicable law. Any disadvantage arising for the participant or for others from disregarding laws and regulations is borne solely by the person who caused it.

Cancellation by the participant

The participant may cancel their registration at any time, but must do so in writing. The cancellation takes effect on the day it reaches the organiser. The following cancellation charges apply: up to 30 days before the training, 20 %; within 29 days before the training, the full amount is payable. If the participant does not show up, the full amount of the event is retained. We recommend taking out cancellation insurance.

Cancellation by the organiser

The organiser reserves the right to cancel an event before it starts for the following reasons:

• If the instructor is unavailable through illness or injury. Should this happen during the event, the participant is refunded the pro-rata price for the remaining days.
• Force majeure (for example war, natural disaster, impassable routes) which makes the event harder, impairs it or renders it impossible. In this case the full tour amount is due.

Participant's assurances

The participant assures that they hold a valid driving licence. They ride at their own risk, including when following the instructor or tour guide, and take part on a motorcycle that is registered for public road traffic and in roadworthy condition. The rules of the respective country apply (road traffic act and road traffic regulations), as do the statutory provisions on liability and vehicle insurance of the country travelled in.

The organiser provides no additional insurance. The participant is responsible for complying with the applicable road traffic regulations. They must adapt their riding to the principle of their own safety and that of others. The participant is furthermore aware of the dangers of riding a motorcycle off-road. The participant assures that they will take part in the event wearing proper motorcycle protective clothing.

Following instructions

If a participant breaches protective rules or other conditions of participation, or if the other participants or the proper running of the event are endangered, injured or damaged, the organiser's instructor has the right to exclude the participant from the rest of the event after a warning and without a refund of the participation fee. The participant may furthermore be held liable by the organiser for the damage caused.

Liability

By signing, the participant declares that they take part in the event at their own risk. They accept civil and criminal responsibility for all damage they cause (for example personal injury, damage to property and consequential damage) and arrange sufficient insurance cover themselves. They waive any claim against Swiss Motorcycle Academy and its staff arising in connection with a damaging event during the booked event. This waiver is also declared on behalf of the participant's relatives and dependants. The signatory further indemnifies Swiss Motorcycle Academy and its staff against third-party claims raised in connection with a damaging event they caused. Insofar as Swiss Motorcycle Academy uses the services of vicarious agents or other third parties, it is answerable only for careful selection and customary supervision.

Swiss Motorcycle Academy accepts no liability in particular for damage attributable to an improper condition of the route. We are liable only within the duty of care of a prudent businessperson for the conscientious preparation and running of the booked event. Our liability is excluded or limited insofar as damage to the participant was caused by Swiss Motorcycle Academy neither through gross negligence nor intentionally. Our liability is limited in every case to three times the price. Should individual events not be feasible due to force majeure, Swiss Motorcycle Academy is entitled to put together a replacement programme. A reduction in price is excluded in every case.

The organiser furthermore accepts no liability for fines or penalties that may arise during the event. Should the participant ask the instructor or tour guide to ride their motorcycle through a difficult passage during the event, neither organiser nor instructor bears any liability for damage arising, for example in a fall. Should the instructor's motorcycle suffer a technical defect during the event that cannot be repaired on site, the organiser may cancel the rest of the event. Services not yet used are refunded to the participant pro rata. There are no further claims against the organiser or instructor.

Waiver of liability

On registering for the event, the customer agrees to the following declaration:

I am fully aware of the dangers of riding a motorcycle, in particular of riding off-road. Participation in the event is at my own risk. I agree that Swiss Motorcycle Academy cannot be held liable for personal injury, damage to property or financial loss of any kind, nor for disruptions subject to force majeure. I am aware that Swiss Motorcycle Academy is not liable for the misconduct of other participants. Should an injury or illness I sustain prevent me from taking part in the day tours that follow, I cannot claim a reduction in price from Swiss Motorcycle Academy, since the injury or illness falls within my own sphere of risk and Swiss Motorcycle Academy continues to provide the services. I am furthermore civilly and criminally responsible myself for damage I cause to others. I undertake to observe the traffic rules of the country travelled in, to keep to the rules of the group trip, and to harm neither people nor nature through my conduct with the motorcycle. I am in good general health, meet the demands the event places on me, and hold a valid driving licence and an officially registered motorcycle. I am responsible myself for wearing protective clothing.

Complaints

Complaints that establish liability must be reported to the instructor or organiser without delay on site, and beyond that asserted within one month of the end of the event at the latest.

Insurance

Swiss Motorcycle Academy recommends its participants take out travel accident insurance, international health insurance and cancellation insurance. Swiss Motorcycle Academy provides no insurance of its own.

Rental of equipment and motorcycles

Motorcycles and protective clothing may be provided by partners of Swiss Motorcycle Academy. The participant undertakes to treat the vehicle and the protective equipment with care at all times and to use it only for purposes for which it is suited.

Other

The participant agrees that photographic documentation may be used for advertising purposes.

Place of jurisdiction

Lucerne is agreed as the place of jurisdiction for both parties.

Validity

All information in the organiser's brochure corresponds to the state at the time of printing, which is stated in each case. On publication of new descriptions or price lists, all earlier publications on the same offers and dates lose their validity.

Organiser

Swiss Motorcycle Academy by Jasmin Riccius
Tribschenstrasse 40
6005 Lucerne
Switzerland