KTM PRO-EXPERIENCES: TERMS & CONDITIONS

SCOPE OF SERVICES:

1. The scope of services is derived exclusively from the tour description that is valid at the time of booking (to be found in the brochure and on the website). All services that are not specifically listed as included are not included in the tour price.
2. The organiser reserves the right to modify the tour, in particular the tour route and the accommodation, provided that this is necessary on important grounds. The organiser shall thereby endeavour to maintain the tour’s characteristics and to provide equivalent services.

REQUIREMENTS FOR THE PARTICIPANT:

1. Participation on the trips and tours is possible with motorcycle models of all motorcycle brands that meet the demands of the respective trip or tour!
2. Only persons in possession of a valid driving licence at the time of the tour are allowed to participate.
3. The participant is obliged to wear motorcycle riding gear that is appropriate for the demands of the tour. The wearing of helmets is mandatory, without exception.
4. When the participant takes part in the tour with his or her own motorcycle, the participant bears the sole responsibility for ensuring that the vehicle is in perfect technical condition and in compliance with all regulations and requirements stipulated by law and by the organiser. The organiser and the tour guide are under no obligation to verify the participant’s compliance with these requirements.
5. It is the sole responsibility of the participant to determine whether his or her individual competence and abilities are sufficient to cope with the specified route (see riding ability level on the inside front cover).
6. The participant is required to furnish all correct information at the time of booking. Name of the participant and all details furnished will be verified prior to the departure of the tour. Non-resonance to the provided information may result in immediate cancellation (without refund) and participant not being allowed to join the tour

LIABILITY:

1. The participant takes part in the tour at his or her own risk.
2. Before entering into the tour, the participant shall sign a personal declaration for the limitation of liability.
3. Participants are strongly advised to take out the appropriate type of insurance, such as cancellation and repatriation insurance
4. Participant will have to bear any additional costs incurred towards motorcycle fuel, repair, accident, or any other hidden charges
5. Participant will have to bear any medical costs incurred due to any accident or personal injury or other including ambulance charges, doctor charges, medicines, emergency treatment, evacuation, etc.
6. It is also assured and warranted by the rider that he is competent and possessing the necessary technical, safety and all relevant skills, possessing all necessary Legal and valid licenses required for Riding of the bikes. The Rider holds company harmless and indemnified in this regard.
7. It is further specifically agreed that if during the usage any accident or any untoward incident occurred by which the Rider sustains any injury to his/her body or causes death or damage to any third party, the Rider or the legal heir, as the case may be, shall not hold the Company responsible and indemnify Company for any such injury, death or damage nor the Company shall be liable for any payments. This clause is incorporated with a specific understanding that in the event of any such untoward incident, the Company will would not be saddled with any liability or responsibility of Civil and/ or Criminal nature.

When registering online via the website application, this limitation of liability is accepted automatically and need not be accepted again separately.

The participants are hereby made aware that the organisers are obliged to prevent the participant from participating on the tour if he or she has not accepted and/or signed the liability waiver.

The Tours & Rides are be operated by 3rd party vendors under the scope and guidelines from the Brand. The vendors have represented that they have the necessary expertise, experience, necessary facilities/infrastructure and skills to perform all the services as required.

PAYMENT:

1. All Rides and Tours are paid online at the time of booking
2. When paying by credit card, the total amount is charged upon issuing the invoice. Any bank charges incurred are borne by the credit card holder.
   Please note that bookings are not transferrable

CANCELLATION POLICY:

A participant who wish to cancel his booking is deemed aware of the below pointers

• Cancelation request 30 days or less before departure date: No refund, no rescheduling
• Cancelation request 75- 30 days before departure date: One-time rescheduling allowed for same destination for up to 90days from the original departure date
• COIVD-19 positive case – on producing a report, one-time rescheduling allowed for same destination for up to 90days from the original departure date

1. In case of no re-scheduling possibility within 3 months of the booked tour date, we will refund the full booking amount to the source
2. ORGANIZERS - CHANGE OR CANCEL

Organizers can make changes due to Force Majeure Events or state specific Covid-19 restrictions and they reserve the right to do so at any time before or during the trip.

If there are any changes, we will advise you of them at the earliest possible date before or during the trip based on the Force Majeure Events.

We also reserve the right under Force Majeure Events to cancel your travel arrangements / offer alternative dates / revise the itinerary before or during the trip.

There shall be a window of 60days from the departure date for rescheduling the traveler under Force Majeure Events.

CONDUCT

Intoxication: We do not allow any form of intoxication while on the motorcycle during the event

Conduct: Participants are expected to conduct themselves in a manner that preserves their dignity and others' around them, including other participants, support staff and locals (Very Sensitive) of the region.

Environmental responsibility: We must try and ensure that we maintain the sanctity of the region we are passing through.

Medical advice: If you are under medical treatment, we expect you to follow the medical advice very strictly.

Any sort of sloganeering related to any caste, sect, group, etc is strictly prohibited and will be dealt with strict actions

Law & Order implications - Any participant getting into any law and order situation due to personal actions or behaviour will have no liability on Bajaj Auto Ltd. and the individual would be responsible for his/her consequences

INFRINGEMENTS OF TRAFFIC REGULATIONS OR THE TOUR GUIDE’S INSTRUCTIONS:

If the participant’s actions constitute a gross infringement of the tour guide’s instructions or of traffic regulations, the organiser can withdraw from the contract and take possession of the rental motorcycle.

In such case, there will be absolutely no reimbursement of the tour or rental price.

FORCE MAJEURE

Force Majeure Event shall mean and include any circumstance beyond the reasonable human control including without limitation, any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, epidemic, flood, drought, perils of the sea, casualty, strikes, lock-outs, labour troubles, riots, sabotage, terrorists acts, embargo, war (whether or not declared), governmental actions, delay in issuance or processing of Visa/permit, change of laws and regulations, orders, or decrees, or other causes of like or different character beyond the control of organizers and operators

In the event of any of the above, refunds or compensation cannot be made and Participants will be responsible for providing all their own additional meals, travel and accommodation.

COVID-19 GUIDELINES

1. As we plan to undertake this KTM ride during these unprecedent days and in the new normal we will take all the necessary precautions necessary for undertaking these events and keep the group safe. All participants are expected to keep Sanitizers, gloves, Face mask in their riding kit enough to last the whole duration of the ride.
   
   All participants are expected to maintain Social distancing at all time. All participant will have to strictly follow the guidelines issued by Government/Local bodies from time to time in regard to Covid-19 pandemic. Participants will also download the Aarogya setu app for the entire duration of the ride. and the status will be checking every morning at Breakfast time. Temperature check every morning and evening right from day one. All Places of stay will be chosen after seeing the covid compliances. Signed declaration indemnifying agency and KTM by all participant giving their consent for both COVID and third-party liability.
2. Safety Instructions
   • Always wear a mask (including while riding). Carry spare masks also.
   • Maintain social distancing from fellow riders and public at all stops
   • Sanitise your hands at all stops
   • Sanitise your bike handlebar grips at all stops
   • Avoid unnecessary interactions with public, etc.
   • Let the Ride Captain/Tour Manager know immediately if you feel unwell or if you notice any guidelines are broken
   • Do not use other riders’ helmets or riding gears
   • Carry your won water bottle. Avoid using/Sipping other bottles.

PRIVACY POLICY

We at KTM respect and protect the privacy of all our customers and visitors to our website (hereinafter “visitors”) and adhere strictly to the regulations under data protection law. Personal data will be collected on this website only to the extent required. Under no circumstances will the data stored be sold. This does not include trustworthy partners who support us in operating the website, in the course of doing business, or in other services in which it is, of course, ensured that they are obligated to maintain confidentiality. Within the scope of processing your order or request, we sometimes commission external business partners, who are, however, contractually obliged to comply with the data protection regulations. Our KTM team & partners of Bajaj Auto limited shall use your contact details for future correspondence & news.

Detailed privacy policy here: https://www.bajajauto.com/privacy-policy

ARBITRATION & JURISDICTION

In the event that any dispute arises between the Parties in connection with this terms and conditions, the Parties shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within thirty (30) days after the commencement of such negotiations, disputes shall be settled by reference to the arbitration by a Sole Arbitrator to be mutually appointed by both Parties, and failing such mutual appointment, to be appointed in accordance with the Arbitration and Conciliation Act, 1996 or any further modification / amendment / re-enactment thereof. The Parties hereby agree to have their dispute resolved by the Arbitrator appointed under this Clause by “Fast Track Procedure” as mentioned in S. 29B of the Arbitration and Conciliation Act, 1996 or any further modification / amendment / re-enactment thereof. The place of arbitration shall be Pune. The language used in arbitral proceedings shall be English. The Award shall be final and binding on both the Parties. The cost of arbitration shall be equally borne by the Parties. The courts in Pune shall have the exclusive jurisdiction to try and entertain the disputes between the parties.