TERMS & CONDITIONS
GENERAL TERMS & AGREEMENT
These General Terms and Conditions are an integral part of the travel agreement between FLUID MIND (further designated as “tour operator”) and the rider or participant (further designated as “customer”)
DOCUMENTS & LEGAL REQUIREMENT
The minimum age required to participate in a tour is 25 years old. It is mandatory to have a driving license for heavy motorcycles (A category) with date of issuance above 2 years. These requirements are demanded by Harley-Davidson Lisboa (further designated as “HDL”), which is our rental motorcycle supplier, and whose terms and conditions are an integral part of present agreement, as per Annex B
The customer is responsible for the availability and validity of his/her personal documentation, namely passport, visas (if applicable) and valid driving license. Rental cannot take place if this documentation is not produced in conformity.
The customer is fully accountable and liable for any infraction of the Portuguese Driving Code (Código da Estrada). Neither the tour operator nor HDL shall take any responsibility resulting from an infraction assigned to the customer
The use of protective helmets is mandatory by law. Helmets brought by the customers have to comply with European homologation (EC approved).
Only the customers which are accepted/validated by the tour operator will be allowed to ride the motorcycle.
If the customer cannot participate in the tour, or is forced to end it prematurely due to failure to meet any of the above requirements, the tour operator shall be exempt from any liability, and shall not be obliged to make any refund payments to the customer.
Upon acceptance of these Terms & Conditions, the customer expressly accepts that his/her personal data may be disclosed in the scope of the activities encompassed by the present Agreement, in compliance with the Portuguese Regulations for Data Protection (RGPD)
The insurance coverage which is included in the rental service is as follows:
1. Limited Third Party Liability Cover until 6,070,000€ (personal damage) and 1,220,000€ (material damage)
2. Collision Damage Waiver (CDW) with excess (deductible) charge as per table in Annex A below. This coverage includes assistance in travel, including 24hr towing in case motorcycle is not functional
3. Theft Protection Waiver (TW) with excess (deductible) charge as per table in Annex A below
Excess (deductible)charges: In case of accident/damages, the customer is financially responsible up to the excess (deductible) charge.
HDL will make best endeavours to support and repair any malfunction of the motorcycle within 100kms of its shop, and only within business open hours. (Monday to Friday: 10am to 1pm and from 2pm to 7pm; Saturday: 10am to 1pm and from 2pm to 6pm; Sundays and Bank Holidays: Closed)
The tour operator recommends customer to have a travel insurance covering personal accidents, medical expenses, repatriation and legal protection.
The customer is responsible to bring his/her own riding gear. Helmets are included in the tour service. Notwithstanding, HDL may provide jackets and gloves (subject to availability).
RESERVATIONS & PAYMENT METHODS
The booking of the tour must be made online, as per the booking forms available on the tour operator’s website. The service agreement will only be in force upon written confirmation of the booking, made by the tour operator via email.
It is mandatory for the customer to accept these Terms and Conditions online, as well as the Terms and Conditions of HDL for the rental and use of the motorbikes as per Annex B, which are an integral part of these conditions.
The written confirmation issued by the tour operator shall describe the complete and detailed list of services, the total amount to be paid and the payment method. The customer must provide additional payment for any individual services that he/she may require on conclusion of the agreement or during the tour.
Payment terms are as follows:
– Payment with the order: 50% of the total value of the service, which must be paid by bank transfer in the 2 days following the order confirmation by the tour operator.
– Payment of the balance of the tour operator service: Respective value shall be communicated by email during the booking phase and will be agreed upon with the order and respective confirmation. Its payment will be carried out by bank transfer no later than 20 calendar days before the date of the tour.
– Payment of the rental of the motorcycle(s): Respective value will be communicated by email during the booking phase and will be agreed upon with the order and respective confirmation. Its payment will be done by credit card to HDL (Harley-Davidson Lisboa), at the moment of signature of the rental contract, on the day of collection of the motrocycle(s).
1. If a booking is made at a date which is less than 15 calendar days before the start of the tour, then the payment of the service shall be made in full, on the same moment of the booking.
2. If payment is not made within the above schedules, the tour operator has the right to cancel the tour and any applicable reimbursements will be carried out as defined below.
The invoice from the tour operator is to be paid by bank transfer to following coordinates:
FLUID MIND UNIPESSOAL LDA.
IBAN PT50 0269 0152 00203038622 11
Bank address: BANKINTER, Av. 5 de Outubro nº 73 A/B, 1050-049 Lisboa – Portugal
CANCELLATION BY THE CUSTOMER
The customer may cancel the tour by sending an email, received by the tour operator, at any time before the start of the tour. If the customer cancels a tour, the tour operator shall be entitled to charge cancellation costs as follows:
– 20 calendar days or more before the start of the tour: the value of the downpayment
– Less than 20 calendar days before the start of the tour: 70% of the total amount
CANCELLATION BY THE TOUR OPERATOR
If it is necessary to cancel a tour for any extreme reasons outside our control (force majeure), the amounts already paid by the customer shall be reimbursed in full. No further claims or demands of the customer shall be accepted by the tour operator.
In the event of dangerous behaviour from the customer, as well as disregard by the customer of traffic regulations or safety instructions given by the tour operator, the tour operator shall be entitled to exclude the customer from the tour. In such case, the rental motorcycle will be returned to HDL and the tour costs will not be reimbursed.
PREMATURE TERMINATION OF THE TOUR BY THE CUSTOMER
If, for any reason, the customer wishes to terminate the tour prematurely, he/she shall not be entitled to reimbursement of any values paid to the tour operator.
PREMATURE TERMINATION OF THE TOUR BY THE TOUR OPERATOR
If, for any reason during the course of the tour, the operator is forced to terminate the tour prematurely, the customer shall be reimbursed with the amount proportional to the remaining days of the tour. No further claims or demands of the customer shall be accepted by the tour operator.
It is to be noted that unforeseen events and situations may happen, which cannot be planned in advance. If any unforeseen event or situation may force a change to the scheduled route, this will not be considered a change to the services supplied, provided these changes, detours, modifications or variations will not substantially modify the general characteristics of the tour.
Also, please keep in mind that a motorcycle tour involves a much higher degree of participation and cooperation than in a conventional tour.
PLACE OF JURISDICTION
Both parties shall agree on Lisbon (Portugal) as the place of jurisdiction.
The customers taking part in a motorcycle tour are fully aware of the risks and dangers involved, and formally accept full liability for any accident or consequences thereof.
ANNEX A – EXCESS (DEDUCTIBLE)
2019 Ultra Limited
2019 Road Glide Special
2019 Street Glide Special
2019 Heritage Classic
2019 Road King
2019 Forty Eight Special
2019 Superlow 1200T
2019 Iron 883
2019 Street Rod