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LEGAL STUFF

If you have any questions regarding our policies, then please do not hesitate to contact us.

​Overview:

  1. Privacy Policy

  2. Terms & Conditions

  3. Waiver Of Liability

1. PRIVACY POLICY

1. SCOPE AND ACCEPTANCE OF THE PRIVACY POLICY

The purpose of this Privacy Policy is to inform our clients of the way in which we collect, use, and protect information of a personal nature that is gathered through the website and our different points of sale, so that users may make a free and informed decision in granting their prior and explicit consent for the use of their personal information through the forms filled out for such purposes.

The use of the website and/or the filling out of forms provided by Dr Moto Adventure (DrMA) implies the user’s acceptance of and conformity with the conditions set forth in this Policy.

 

The content of this Privacy Policy may change without notice. As such, the users shall be responsible for reading the Policy in force at the time that said information is provided.

 

In order to use the services offered by DrMA, users must provide certain information, including their full name, nationality, identity document, email address, driver's licence etc. The refusal to provide personal information may result in the impossibility of providing the requested service, in those cases in which such information is indispensable in order to identify the users and carry out the requested operation.

 

2. COLLECTION AND STORAGE OF PERSONAL INFORMATION

The information provided by the users when filling out different forms and/or using the website shall be understood to be accurate and true. In order to ensure that said information is current and accurate, the users shall notify all changes to their personal information as soon as possible, as well as any change in inaccurate information, where detected. The information collected will be entered into DRMA's database.

 

 

3. CONSENT AND COMMERCIAL COMMUNICATIONS

 

The personal information that users provide will be treated confidentially and will be used for the purposes corresponding to the requested service. In the case of users of the website, the option has also been enabled so that DrMA can communicate with them to send them information that the company considers may be of interest to them, including advertising and information on offers and promotions. In case users do not wish to be contacted for these purposes, they are free not to open or respond to emails.

 

 

4. CONFIDENTIALITY AND SECURITY MEASURES

All information collected through the website, or via the different commercial communications and/or transactions engaged in between DrMA and the users, shall be used and stored with complete confidentiality, ensuring the necessary security measures in accordance with the applicable law, in order to avoid all tampering with information, unauthorised use or access, or unlawful disclosure to third parties. When information and numbers are provided in relation to credit cards, this data is encrypted in order to ensure their complete confidentiality and prevent it from being viewed by other persons.

 

5. COOKIES

Cookies are files that are stored in your web browser to collect general information on how you use the website. This helps us to determine what we can do to make our website more user-friendly, as well as improving the quality of the website. All information collected is general, ensuring that users who visit our website remain anonymous. Users should note that they can change their browser options to limit or restrict the use of cookies.

2. TERMS & CONDITIONS

0. DEFINITIONS

“Agreement” means all terms and conditions found in this form. “You” or “your” means the person identified as the renter, any person signing this Agreement, any Authorized Rider and any person or organisation to whom charges are billed by us at its or the renter’s direction.

All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our”, the Company or “us” means the independent business named in this Agreement. “Authorized Rider” means the renter and any additional rider listed by us on this Agreement, provided that each such person has a valid motorcycle rider’s license and is at least 18 or 25 years of age (depending on the motorcycle, as per described under each tour) unless the age restriction is changed elsewhere in this Agreement.

“Motorcycle” means the motorcycle identified in this Agreement and any motorcycle we substitute for it, and all its tires, tools, accessories, equipment, keys and Motorcycle documents. “Physical Damage” means damage to, or loss of, the Motorcycle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Motorcycle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire.

1. BOOKING CONTRACT

By booking or participating in a DayTour or Multi-Day Tour (Activity), you agree to these Terms & Conditions (Terms). By booking with Dr Moto Adventure (DrMA), you acknowledge that you (and if applicable, on the behalf yourself and/or party), have read, understand, and agree to be bound by these Terms.

 

Your booking is confirmed and the contract exists once you are issued a written receipt by DrMA for the applicable deposit amount. You must be over 18 years of age to book and participate in any Activity. In the event any of the information provided is incomplete, incorrect, or omitted, DrMA reserves the right to cancel your booking, which may result in cancellation fees at DrMA's discretion.

 

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other riders, you become the designated contact for every participant. You are responsible for making all payments due in connection to your booking, notifying DrMA of changes or cancellations, and keeping party members informed. DrMA and affiliates will under no circumstances be held liable for errors of omissions in the information provided to complete a booking.

Anyone under the age of 18 can participate on a tour as a passenger. All bookings with a minor are subject to review and approval by DrMA.

 

3. MEDICAL AGREEMENT 

If you or any member of your party have a pre-existing medical condition that may impact you or their ability to participate in any Activities, you are required to inform DrMA. At the discretion of DrMA, you may need a signed form from your physician prior to engaging in any Activity. At any point during any Activity DrMA may deny participation in lieu of health or safety concerns. 

 

You and your party understand the inherent health and safety risks of any Activity, and that any Activity often occurs where medical care is less accessible. DrMA provides no warranties in terms of medical care, accessibility, and facilities. 

4. ACCEPTANCE OF RISKS

DrMA makes no warranty of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by these Terms. You accept any vehicle or equipment provided by DrMA in its "as is" condition.

You acknowledge that riding a motorcycle on and off-road is an activity carrying risks of serious personal injury, property damage, or death. You also acknowledge there are normal, mechanical and environmental conditions and risks which independently or in combination with these Activities may cause injury or even death to me or others, as well as property damage. You and any additional riders represented by you hereby personally accept all the risks and liabilities of these Activities, releasing DrMA of any duty legally owed to you in relation to the conduct of this Activity. 

 

5. SPECIAL REQUIREMENTS 

Reasonable efforts will be made to accommodate special requests where possible, including diet restrictions/allergies and mobility. DrMA cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and DrMA, and DrMA is not liable for any failure to accommodate or fulfil such requests.

 

6. PRICES & VALIDATION

Once your booking is confirmed and deposit paid, DrMA will not increase the price. Tours and all other DrMA services are priced and advertised exclusive of applicable taxes. All dates, itineraries, and prices are subject to change at any time. It is your responsibility to stay up to date on details of your Activity.

 

7. DEPOSITS & PAYMENT

For Weekly Tours (1/2-Day, 1-Day and 2-Day Tours):

- 50% of the total tour price is due at the time of booking (Deposit).

- Remaining 50 % due at the time of the tour start.

 

For Multi-Day Tours (excluding our 2-Day Tour):

- 50% of the total is due at the time of booking (Deposit).

- Remaining 50 % is due 60 days prior to the tour start.

8. WITHDRAWAL FROM A TOUR

8.1 By the participant before commencement of a Weekly Day tour:

The participant is entitled to withdraw from the tour at any time before the start of the tour.

Should the participant declare withdrawal from the tour, the following reimbursement structure applies:

  • In case of withdrawal until 5 days before tour start, 50% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal within 1-4 days before tour start, 0% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal within 24 hours of booking, 50% of the tour Deposit/Total will be reimbursed.

 

8.2 By the participant before commencement of a Multi-Day tour:

The participant is entitled to withdraw from the tour at any time before the start of the tour.

Should the participant declare withdrawal from the tour, the following reimbursement structure applies:

  • In case of withdrawal until 60 days before tour start, 75% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal until 30 days before tour start, 50% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal until 14 days before tour start, 25% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal until 7 days before the tour start, 10% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal until less than 7 days before the tour start, 0% of the tour Deposit/Total will be reimbursed.

  • In case of withdrawal within 24 hours of booking, 75% of the tour Deposit/Total will be reimbursed.

8.3 By the participant after starting a tour

Should a defect arise during the journey, the participant shall immediately notify the organiser or the tour guide of the defect. A cancellation of the tour by the participant shall only be permitted if the participant has set the organiser or the tour guide a reasonable deadline to remedy the defect; unless it is impossible to remedy such or if the tour guide appointed by the tour organiser refuses to remedy such or if the cancellation of the contract with immediate effect is justified by a special interest of the participant.

9. DAMAGE, REPAIR & LOSS 

You agree that only the persons booking or otherwise identified in this agreement will operate the rented motorcycle or equipment and that passengers will not be carried on any unit not designated for such use. Should any person or minor under your control or any person with permission of you or party members operate any referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, you agree to be personally liable and financially responsible for all loss of and damage caused to any vehicles or equipment.

Should vehicle, gear, or any other equipment become damaged or lost or require repairs exceeding expected wear and tear, you agree to pay such repair or replacement costs, at the discretion of DrMA. 

In the event of damage to equipment, property, persons, or facilities due to your or your party’s actions, you are liable for costs associated with such damage. You also agree to pay for the loss of use of any vehicle or equipment covered by these Terms damaged by yourself or other riders, at the full first day-tour rate (total tour days / tour price = day-tour rate) for each day from the date of damage until the motorcycle is repaired and replaced in rental service, not to exceed 14 days.

 

Permission from DrMA must be granted in order to service, replace, or repair vehicles and accessories. Should equipment, vehicle or other accessories become damaged or missing or an accident occurs while in your care, you are required to alert DrMA as soon as possible.​

10. FLEXIBILITY & UNUSED SERVICES

The nature of motorcycle travelling requires flexibility, therefore you acknowledge that reasonable alterations to services, products, or itineraries may be made by DrMA. Itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of DrMA.

 

The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside of DrMA's control (including but not limited to Acts of God, injury, illness, mechanical breakdown, flight cancellations, strikes, political events and catastrophic weather changes). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of DrMA, including your removal from an Activity because of your negligence or breach of these Terms.

If DrMA makes a change affecting the character of a tour in its entirety, DrMA will provide notice to you as soon as practicable. If a change is made more than 14 days before departure, you may choose to:

  1. accept the change and proceed with the amended tour

  2. book another tour of equal or greater value, if available (you will be responsible for paying any difference in price)

  3. book another tour of lesser value, if available (with a refund payable to you for the difference in price)

  4. cancel the tour and receive a full refund

 

You must notify DrMA of your choice within 7 days of receiving notice or you will be deemed to accept the amended change.

Once an Activity has departed, DrMA is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. DrMA will not be liable for any indirect and/or consequential losses associated with any changes to a booking or itinerary.

 

11. CHANGES MADE BY YOU

You are responsible for ensuring that information provided to DrMA is accurate and up-to-date. Any changes to a booking depend on availability and are subject to DrMA's approval and these Terms. Any extra costs incurred for making the change will be charged to you. Cancellation of any Activity, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 7 days of departure.

12. MEDIA
DRMA may use, without compensation, any photo, audio and/or video recording of any Dr
MA activity in which participants appear, for promotional, advertising, or educational purposes.

13. INDEMNIFICATION

You acknowledge that DrMA and their rectors, officers, volunteers, representatives and agents are not responsible for errors, omission, acts of failure to act of any party or entity conducting a specific event or activity on behalf of DrMA. You agree to indemnify and hold harmless DrMA against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone acting on your behalf. If litigation arises pursuant to any claims made by you or by anyone else acting on your behalf, if DrMA incurs any of these types of expenses, you agree to reimburse DrMA.

Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the Dominican Republic and exclusive jurisdiction and venue for any action arising from this agreement shall be the courts of Santo Domingo, Dominican Republic.

3. WAIVER OF LIABILITY

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK ​

In consideration of the services (tours & rental) of Dr Moto Adventure, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "DrMA"), I hereby agree to release, indemnify, and discharge DrMA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 

  • I acknowledge that my participation in the motorcycle Activities entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the Activity. 

The risks include, among other things: slipping and falling; accidents involving other motorcycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with vehicles; falls from the motorcycle; accidents can occur getting on or off; jolted, jarred, bounced, and shaken about during ride; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; further, passengers can be thrown off the vehicles which can result in any of the above events occurring; collisions, and flipping over; the machine itself may fail; the negligence of other participants or persons who may be present; damage to equipment or personal injury; transmissible pathogen or disease; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; condition of roads, terrain, or highways and accidents connected with their use; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; improper lifting or carrying; my own physical condition, and the physical exertion associated with this Activity. Traveling to and from activity locations raises the possibility of any manner of transportation accidents. 

Furthermore, DrMA personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 

  1. I expressly agree and promise to accept and assume all of the risks existing in this Activity. My participation in this Activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity. 

  2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DrMA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of DrMA's equipment or facilities, including any such claims which allege negligent acts or omissions of DrMA.

  3. Should DrMA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

  4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 

  5. In the event that I file a lawsuit against DrMA, I agree to do so solely in the state of Santo Domingo, Dominican Republic, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 

 

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against DrMA on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at DrMA. I have had sufficient opportunity to read and understand this entire document as well as read and understand the Terms & Conditions of the given Activity I'm signing up for, and I agree to be bound by its terms. 

 

Print Name ______________________________________________________________________ D.O.B. ________________________________

Code + Phone Number ___________________________________ Address _______________________________________________________

City ________________________________________ State _________________________________________ Zip ________________________ 

Email ________________________________________________Confirm Email_____________________________________________________ 

Signature of Participant _____________________________________________________________________ Date _______________________ 

 

PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT 

I, the undersigned, have been fully warned and advised by DRMA that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around dual sport vehicles (whether on the premises or off of the DrMA's premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of DrMA and numerous court cases I am refusing this critical safety precaution.

 

I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning. 

 

_______________________________________________________________________________________________________________________

Name of Rider/Passenger                                                                                                                            Date 

 

_______________________________________________________________________________________________________________________

Signature of Rider/Passenger                                                                                                                       Date 

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