1. THE SUBJECT OF THE PARTICIPATION AGREEMENT
The general conditions of participation in sporting activities and rallies are meant between the “Participant” or anyone who of his own free will enrolls in a proposed activity by the Sud Est Rental Raid based in CASANOVA LERRONE in Borgata Costa 6 (SV) ITALY.
The participation contract is finalized only upon receiving the written confirmation of participation by the Sud Est Rental Raid (hereinafter “the Organizer”) and is binding for the contracting partners
2. PARTICIPATION CONDITIONS
2.1.) It is possible to participate with motorbike models of all brands, provided they are approved for road use and equipped with enduro-type tire treads.
2.2.) Only those who, at the time of the tour, hold a valid driving license can participate.
2.3.) The Participant is required to have motorcycle equipment suitable for the tour. The use of a helmet is mandatory without exception.
2.4.) The Participant must comply with road traffic regulations (including on dirt roads), bans and speed limits, and must attempt to release the Organizer from any liability.
2.5.) If the Participant takes part in a rally or excursion with his own motorcycle, he will be solely responsible for the fact that the vehicle is in perfect technical condition and complies with all legal requirements. The Organizer and the tour manager are under no obligation to verify compliance with these requirements.
2.6.) It is entirely up to the Participant to make sure that his skills and knowledge are sufficient to manage the planned route (see technical driving levels indicated on the website and in detail in the information booklet: EASY LEVEL: minimum requirement is the ability to ride a motorcycle equipped with speed selector MEDIUM LEVEL: required off-road and unpaved road driving ability including the mastery of some challenging sections EXPERT LEVEL: required good off-road driving and unpaved road ability. Unpaved tracks consist predominantly of difficult sections.) The Organizer and the accompanying person of the rally and the excursion have no obligation to ascertain and verify the skills and knowledge of the participants. The Participant, if he does not feel able to continue the activity, is required to promptly communicate this to the accompanying person, and, if he or she is not present or not reachable, is required to stop immediately and wait for the intervention of the accompanying person.
2.7.) The participant undertakes to read the “GENERAL CONDITIONS OF PARTICIPATION IN THE RALLY AND MOTOR SPORT ACTIVITIES OF THE SUD EST RENTAL RAID” that the Organizer will provide at the time of registration and which can be viewed on the website https: // www .sudestraid.com. Participation is subject to acceptance of these conditions.
3. OBLIGATIONS OF THE PARTICIPANT
3.1. It is absolutely forbidden for the Participant to pass the lead driver or accompanying person.
3.2. Any kind of competition between participants is prohibited. Rallies and excursions must always be considered as an outing with friends.
3.3. Each participant must drive in a way not to create danger to others, paying particular attention to the safety distance, especially off-road. Passing is only allowed if the one preceding signals that he gives way.
3.4. In the event of a stop due to mechanical problems or an accident of those preceding the following participants must stop and give assistance.
4 MOTORCYCLE RENTAL
If the Participant takes part with a rental motorbike supplied by the Sud Est Rental Raid, he is required to comply with all the “GENERAL RENTAL CONDITIONS” which he undertakes to view on the official website of the Sud Est Raid. The rental of the motorcycle is subject to acceptance of these conditions and the signing of the rental agreement.
5 VIOLATIONS OF TRAFFIC REGULATIONS OR INSTRUCTIONS OF THE ACCOMPANYING PERSON OF THE RALLY AND EXCURSION
If the Participant seriously acts against the instructions of the accompanying person of the rally or excursion or seriously violates traffic regulations, the Organizer may withdraw from the contract and take under protection the rental motorcycle.
In this case, there will be no refund of the tour fee or rental cost.
6.1. The Participant takes part in the raid or excursion at his own risk.
The responsibility of Sud Est Rental Raid and of the respective auxiliaries for damages suffered by the participant during the tour is limited overall to the amount of the tour fee and the cost of the rental, unless the damage suffered by the Participant was caused by willful intent or gross negligence of Sud Est Rental Raid and the respective auxiliaries, or to the extent that the Organizer is solely responsible for the damage suffered by the Participant due to the fault of a service provider. The limitation of liability does not intervene in the event of damage to the person of the Participant.
6.2. Prerequisite for the Participant to start the raid or excursion is the signing of his own declaration regarding the limitation of liability.
This limitation of liability is automatically accepted with the registration or with the payment, even the partial compensation due for the activity to be carried out and must not be further accepted separately. This declaration is sent to the Participant together with the registration form. The participants are aware that, in case of non-acceptance and / or signature of the waiver of responsibility, the Organizers are required to exclude the participant in question from participating in the raid or excursion.
6.3. The liability of the Sud Est Rental Raid or of the accompanying persons of the raid for material or personal damage caused by the participant is excluded, unless there is a statutory third party liability insurance in this regard. The liability is limited in any case to the extent of the insurance coverage of the civil liability insurance in the specific harmful event. In this case, the participant must indemnify and hold unharmed the Sud Est Rental Raid and the accompanying persons of the raid.
6.4. The Participant is strongly advised to take out the appropriate insurances, as the Raid motor activities and excursions are excluded from accident and RCT coverage, except for those included in rental vehicles.
7. REGISTRATION AND PAYMENT
7.1. The Participant must send the registration form available on the web site and which can be downloaded through this LINK by email to the Sud Est Rental Raid at firstname.lastname@example.org. The registration will be valid only after acceptance by Sud Est. At the time of booking, the participant must provide his personal data, undertaking not to provide false documents and / or false information, assuming all responsibility deriving from the violation of this clause.
7.2. Sud Est reserves the right to request a deposit of up to 30% of the service to be provided as a deposit. It undertakes to communicate the amount and the method of payment to the participant.
7.3. The Participant is required to pay the balance of the service to be provided before the activity. Payment methods accepted by the SUD EST Payments can be made by credit card, by bank transfer to the bank account indicated by the Sud East Rental Raid of Perego E. or in cash (we do not accept electronic and prepaid debit and credit cards. By “credit card” is meant only cards with the numbers embossed belonging to the main banking circuits: Visa, MasterCard, Maestro)
7.4. In the event of payment by credit card, any bank charges and exchange fees will be charged for transactions originating from foreign banking institutions
7.5. Sud Est Rental Raid undertakes to issue a regular invoice when the balance of the service is paid. This document will be drawn up on the basis of the data provided by the Participant, these data will be used by the Sud Est Rental Raid.
In execution of the articles 10 and 11 of Law 675/1996, containing provisions to protect people and other subjects regarding the processing of personal data, Sud Est Rental Raid informs the Participant that the collection and processing of personal data will be carried out with the following purposes:
a) to execute contractual obligations;
b) send information material;
c) to fulfill obligations established by laws and regulations, including EU ones, as well as by provisions imparted by legitimate authorities and by supervisory and control bodies;
The treatment will take place in compliance with the rules of confidentiality and security provided by law, by the Sud Est Rental Raid or even through third parties.
9. WITHDRAWAL AND TRANSFER OF CONTRACT
9.1. The Participant has the right to withdraw from the contract at any time.
9.2. In case of withdrawal of the participant, the following cancellation fees will be charged instead of the tour fee:
If canceled 7 days before booking 30% of the total agreed service
If canceled 15 days before booking 15% of the total agreed service
Cancellations made 30 days before booking 0% of the total agreed service
If canceled 60 days before booking 0% of the total agreed service
Nothing will be returned for cancellation less than 7 days before booking
The deadlines indicated above refer to the date of receipt of the notice of withdrawal from the Organizer.
9.3. The withdrawal must be received in writing by registered letter, or e-mail and be confirmed in writing by post, fax or e-mail by the Organizer; only then will it be considered accepted. Withdrawal communications by SMS, MESSENGER, WHATSAPP or other communication systems on mobile device are not accepted.
9.4. The Participant can transfer the contractual relationship to another person, to the extent that the latter meets all the participation requirements and this transfer is communicated to the Organizer with adequate notice before the departure date. The transferor and the new participant are jointly and severally liable for the amount not yet paid, as well as for any higher costs arising as a result of the sale.
10 PROGRAM CHANGE OR RAID CANCELLATION
In the event that the raid is not carried out by decision of the Organization for reasons of force majeure or for reasons independent of the Organization itself, including those for impediment due to climatic events, the fees paid will be fully refunded without any other obligation on part of the Organization. The SUD EST RENTAL RAID can also cancel the contract when the minimum number of participants for carrying out the raid (thus estimated according to the unquestionable judgment of the Organization itself) is not reached. In this case, the Organization undertakes to notify the participant of the cancellation of the raid no later than ten days prior to the scheduled departure date contained in the description of the raid and to return the amount paid by the Participant. In the event of a deferment or cancellation of a tour, the Participant has the right, at his own discretion, to request a refund of the participation fee or the participation in another raid of equal value, to the extent that the latter is able to to do it.
In the event of default or significant changes to the program, the Organization is obliged to compensate the damage except for causes not attributable to it. Considering the type of raids, weather conditions, natural disasters, mechanical problems, unpredictable problems in the route, civil and military unrest, strikes, delays or cancellations of transport are considered causes of force majeure.
In such cases, the staff of the Organization may vary the itinerary and any additional expenses borne by the participant will not be reimbursed as well as any cost of services that for these reasons ceased and were not recoverable.
Participants declare to accept these changes to the program right now without claiming for refunds or damages of any kind.
Participants who for any reason decide to abandon the raid do so at their own risk and can nothing claim from the Organization.
11 APPLICABLE LAW
The relationship referred to in this Agreement is governed exclusively by Italian laws. For any controversy deriving from the relationships regulated by the “Contract Documentation”, the Court of the registered office or residence of the Organizer is exclusively competent
11.1. Complaints: Any problems that arise during the raid must be communicated to the Organization staff on site so that they can be addressed. In any case, any complaint must be made by sending a registered letter to the SUD EST RENTAL RAID Borgata Costa 6 17033 CASANOVA LERRONE SV PEC address email@example.com no later than 10 working days from the date of return of the raid and excursion. In case of complaints and disputes, the Italian texts are considered valid.
11.2. Jurisdiction: For any controversy, the Savona Court will be exclusively competent.
Should there be a difference in the Italian version and the contextual version in English of this text, the Italian one will prevail, of which the English version is a mere translation.
FAX-SIMILE LIABILITY STATEMENT
I, the undersigned __________________________________ recognizable by the personal data above declare with my signature that, if my request to participate in the raid indicated above is accepted, will use a vehicle in compliance with the Highway Code and for which I have taken out a R / C insurance contract. I undertake to respect the rules of the Highway Code during the whole event intended as a trip with friends. It is perfectly known to me that the route is not a circuit closed to traffic but is open to normal local traffic of pedestrians, agricultural vehicles, cyclists etc. I declare that I have read and accepted, even only with the completion of the registration, with the payment of the fee and still confirm with the signature of this form the GENERAL CONDITIONS OF PARTICIPATION IN THE RAID AND IN THE MOTOR SPORTS ACTIVITIES OF THE SUD EST RENTAL RAID and the raid or excursion program. I declare that I am able to drive my vehicle through dirt roads, paths, meadows and fords and therefore I release the organizers from any kind of liability deriving from any damage caused to myself or to other people, animals or things before, during and after the Raid or the hike. I declare that I will immediately inform the person in charge of the activity that I am carrying out when I no longer feel able to continue and that if I do not do so, I will be solely responsible for any accident that may have occurred to others or suffered immediately during the day. I declare that I am aware that it is not the responsibility of the Organization to evaluate my physical condition before or during the activity and that therefore it will be my unquestionable judgment to participate or continue. I declare that I have no disabling diseases, that I am not aware of serious physical problems that may occur during the activity. I am perfectly aware that this is an activity without any competitive nature and without medical and / or mechanical assistance.
Read and approved
Date Place and
Sud Est Raid nel mondo dei viaggi in moto dal 2006.
Esperti di avventura a 360°
CASANOVA LERRONE – ITALY
Address: Borgata Costa 6
Phone +39 3382447465