TERMS & CONDITIONS
The Fine Print
The following are the Terms and Conditions of participation in all activities or events organized by Great Southwest Moto Adventures, LLC, (“GSMA”) a Nevada limited liability company with principal place of business at 102 E. Mayflower Ave., N. Las Vegas, Nevada 89030.
Booking a Reservation
Tours or Tours combined with Motorcycle Rentals are not considered booked until GSMA receives at least 50% deposit of the total price, your online reservation form, and you receive an acceptance email from GSMA confirming the Tour reservation.
Motorcycle rentals are not considered booked until GSMA receives the full price (100%) deposit of the total price of the rental, your online reservation form and you receive an acceptance email from GSMA confirming the motorcycle rental. Note: a $1,000 damage deposit per motorcycle is required no later than the time of departure.
Exception - where open inventory exists for tours and motorcycle rentals the final opportunity to book a tour and/or rental closes 15 calendar days before the departure date; however, full payment is required at time of booking. Cancellations are nonrefundable.
Cancellation Fee and Refunds
Tours or Combined Tours with Motorcycle Rental
For a full refund a written notice of cancellation must be received no less than 60 days of the departure date.
Written notices of cancellation received after 60 days but not less than 30 days of the departure date are not refundable; however, the amount is transferable and may be used toward any other GSMA tour, event or rental (subject to availability) during the same rental year.
Written notices of cancellation received less than 30 days from the departure date are nonrefundable.
A full refund is contingent upon receiving the motorcycle and other rental accessories in the same condition as received at checkout.
In the event of damage, the damage deposit will first go towards damages and insurance deductibles with any remaining balance refunded upon final assessment of costs.
Motorcycle Operation Requirements
Riders operating a motorcycle on any GSMA ride must be at least 25 years of age and possess a valid motorcycle operator’s license. Riders must attest that they have at least two years of experience operating a motorcycle of at least the same size as the GSMA motorcycles to participate on any GSMA Tour, Event or Rental. It is the sole responsibility of the Rider to navigate difficult sections; however, when in question, and at the direction and/or request of the Rider; a guide or more skilled rider may assist at the discretion of GSMA.
It is strongly recommended that riders have at least a light intermediate skill level for both on-road and off-road riding. Tours are graded to communicate skill level and difficulty level for convenience. They are grade as follow:
Beginner – basic street operating skills with limited off-road experience limited to smooth gravel roads. Usually has a low confidence level in most off-road riding conditions and/or wet on-road conditions.
Intermediate – the next skill level above Beginner that provides for confident street riding and reasonably confident off-road riding on smooth and rough gravel roads, some small and light sections of sand and the ability to ascend or descent elevations. Can control balance, clutch, throttle and breaking while in various types of terrain typically found on gravel roads and two-track trails. Possess a lack of confidence in some types of riding terrain.
Intermediate Plus – is the next skill level above the Intermediate rider with the ability to ride sections of single-track, uneven terrain, rocks, roots and sand or gravel washes. The Intermediate Plus rider can ride for long periods of time with a physical condition and endurance level that provides for longer distances, longer hours on a motorcycle and a heightened level of confidence in most but not all riding conditions.
Advanced – is the next skill level above the Intermediate Plus rider dealing with the same level of difficulty; however, at steeper inclines, sharper edges, drop-offs, heavy rock areas, water, mud, washouts, snow and long sections of sand and gravel. This level of rider can loft the front wheel over obstacles, balance at very low speeds, read terrain at speed and bunny-hop over washouts, jump when needed and turn using the back wheel under acceleration and braking. Otherwise, is an accomplished motorcycle rider in almost all ridable on-road and off-road conditions for long periods of time. A rider that has a strong confidence level while riding almost all levels of ridable terrain.
Items Included in Trip Price
All included items are identified under the inclusion section of each individual tour, event or rental description.
Accommodations may vary by each tour or event. Lodging is based upon double occupancy rooms unless the supplement for single room is paid.
Meals (breakfast, lunch and dinner) are provided as speciﬁed in the individual tour or event description.
For tours or events with nightly stays in differing geographic locations a Support Vehicle may be available to carry up to two pieces of luggage per person as speciﬁed in the individual Tour description. Typically, support vehicles are not provided for groups of less than 5 riders.
Depending on the number of participants, at least one Tour Guide (Leader) will be available. Riders are required to ride with Tour Guides except for those areas requiring self-guided access.
Riders that pass the Tour Guide (Leader) or voluntarily leave the tour are recognized as abandoning the group and all advantages of riding with a group including safety and the benefits of a tour group are forfeited.
After receipt of full payment and prior to the tour or event, a “Tour/Event Planning Package” will be provided. The package will contain suggestions for preparation and packing, hotel listings, other activities, and route descriptions. Route maps will be provided before the tour begins.
Double Room Occupancy
The base price for each Rider assumes double room occupancy. Riders requiring a single room will be responsible for paying the additional Single Room price.
Single Room Occupancy
Single rooms are available upon request, subject to availability. GSMA will do its best to honor requests for a specific roommate and must be done at the time of booking. If GSMA cannot provide a roommate, the requesting Rider will be given the option of paying the Single Room rate or cancelling the Tour without penalty.
Smoking in Hotel Rooms
Smoking preferences will be accommodated based upon availability. If smoking preferences are not able to be accommodated Riders agree to refrain from smoking in their hotel room.
GSMA assumes no responsibility for loss, damage or delay in delivering luggage. Reasonable care will be used while transporting luggage; however, Rider assumes all risks. Luggage transport may be provided as outline within each individual tour inclusion.
GSMA motorcycle rentals require acceptance and execution of the Rental Agreement Terms and Conditions – Nevada in the standard form by the motorcycle operator. In addition, MBA insurance is required for each day of rental for an amount of not less than $15.00 per rental day. MBA motorcycle rental insurance is to be obtained in advance of rental by going to MBAmotorcycle.com and entering the GSMA policy code (provided by GSMA) and procuring rental insurance for each day of the rental period. Proof of purchase is required at the time and place of rental so please bring a copy of the insurance with you. For general clarification, presented are a few of the key elements found within the Rental Agreement:
Authorized drivers, 25 years of age minimum, are the only persons permitted to operate the motorcycle.
The motorcycle must be returned at the time and place identified on the rental agreement in the same condition as received with at least the same amount of fluid and fuel levels as when rented; otherwise, additional charges will apply.
The renter is regardless of fault, fully responsible to or loss or theft of the motorcycle or any other rented accessories or equipment during the rental period, which results from any cause, including damage caused by collision, weather, vandalism, road conditions or acts of nature.
Renter is responsible for all damage or loss caused to the motorcycle and to others.
Renter agrees and authorized GSMA to reserve, to set against renter’s credit/debit card or take cash deposits at the time of rental a reasonable amount in addition to the estimated charges. GSMA may use the reserve or deposit to pay all Charges. GSMA will authorize the release of any excess Reserve or refund any excess Deposit upon completion of the rental and determination of damage or replacement charges.
Tour Cancellation by GSMA
GSMA may cancel the Tour if an insufficient number of Riders have booked the Tour. In this case GSMA will notify all booked and paid Riders and offer proposed changes that may include such options as a supplemental charge, route changes, or other changes allowing GSMA to operate that Tour. Every signed up and paid Riders must agree to the proposed changes; otherwise, GSMA will promptly refund all payments received. Furthermore, this will constitute full settlement. GSMA will not be liable for additional costs or losses including but not limited to costs of pre-paid airline tickets, hotel reservations or rentals
Unsafe Behavior /Traffic Law Observance
GSMA reserves the right to accept or reject anyone wishing to participate in a Tour. GSMA does not discriminate against any protected class. In the event the Rider engages in unsafe group travel practices or fails to observe traffic laws or if it is determined the Rider is a danger or a disruption to himself, herself or the group, at the sole discretion of GSMA, GSMA owners, operators, or Guides may suspend riding privileges and deny continuance of the Tour for that Rider. Anyone denied continuance of the Tour is responsible for his or her own accommodations, meals, airport shuttle services or any other costs incurred because of their suspension or denial. No refunds will be issued to those Riders who are suspended by GSMA once the Tour has begun.
Anyone under the influence of drugs or alcohol immediately before or during their Tour will have their ride cancelled and riding privileges suspended. Riders agree to refrain from consuming alcoholic beverages until the motorcycles have been parked for the night.
Motorcycle insurance, trip travel and accident insurance and medical insurance are the sole responsibility of each Rider. No insurance will be provided by GSMA. It is HIGHLY RECOMMENDED that the Rider and any passenger obtain trip cancellation and adequate travel, health and accident insurance. Please provide GSMA with written proof of insurance before starting the scheduled Tour in case a health-related event or injury occurs.
Photographic, Video and Digital Media
Photographs, videos and digital media produced by GSMA representatives during the Tour are the property of GSMA including all copyrights. The Rider grants full approval and authority to use these materials for promotional and advertising purposes.
It is the responsibility of each Rider to comply with driving, passport, visa, health and other Federal, State, Local and other regulations. The Rider shall solely bear all consequences of non-compliance with such regulations.
It is understood and agreed that neither GSMA, its guides, support staff, employees nor its agents are responsible for any Rider safety; individually or collectively and shall not be held liable, in any way, for any injury, death, or other damage to the Rider, Rider’s property, or Rider’s family, heirs or assigns.
Occasionally, changes to Tour schedules, accommodations and routing from the originally published description may be required for such reasons as road construction, unforeseen situations, weather or any other dangerous conditions.
Adverse or inclement weather are considered acts of God or force majeure and are beyond the control of GSMA; therefore, GSMA shall not be held liable for any such weather conditions. No adjustments or refunds of the Tour price will be made for weather conditions.
Tour Price Changes
Tour pricing is quoted in U.S. dollars with payment to be received in U.S. dollar currency. Prices are subject to change without notice. GSMA reserves the right to increase prices based upon increased costs. GSMA will not increase prices on previously made reservations.
Notice of Changes
No change to these terms and conditions shall be valid unless signed by an authorized GSMA authorized representative. Verbal changes shall be considered void.
Please bring any complaints to your Guides’ or GSMA’s immediate attention. Do not wait until the Tour is over, we take complaints seriously and seek to deal with any complaints or issues immediately. GSMA seeks to create positive experiences, great memories and happy customers. We look at complaints and recommendations as a mechanism for creating continuous improvement so that we may offer the best experiences.
Acceptance of Risk
Each Rider accepts the risks and dangers inherent in riding motorcycles or other motor vehicles. They include but are not limited to: travel over/through hilly, mountainous or desert terrain; areas that have fallen timber, branches, stones, roots or other obstacles; steep slopes or unstable ground that may cause a fall; travel through streams, river beds, and/or lakes; confrontations with weather, wild and/or dangerous animals; various health problems caused by extreme heat, insect bites, fatigue, stress, dehydration, exertion, and/or high altitude due to lack of fitness; and/or any other hazards that may be present on the roads traveled during a Tour. GSMA is aware that Riders, if not vigilant, may become lost or separated from the group, especially where communication is lost in areas that are remote or mountainous. These types of terrains or climates may cause further risk or danger due to extreme changes in weather without notice, making rescue very difficult if necessary should an accident or disaster occur.
Motorcycle operation while intoxicated is prohibited. Riders participating in this behavior will be immediately terminated from the Tour. Risk and liability related to such behavior will be the sole responsibility of that Rider and any negative impacts, costs or damages caused by such behavior will be the responsibility of that person.
Riders may provide their own motorcycle. GSMA accepts motorcycles shipped to Las Vegas (call for details). Rentals are available upon request except during times of rental blackouts or if demand outstretches our current inventory. GSMA is not obligated to replace a motorcycle damaged by the participant or damaged in a traffic accident.
In the event of an accident, the Rider must stay at the scene of the accident until the police arrive. A full accident report must be filled out by all parties involved and copies returned to GSMA immediately.
Riders must comply with local traffic laws always.
GSMA is not required to make refunds once the Tour commences.
Helmets must be worn at all time while operating a motorcycle.
Situations may arise that necessitate changes to the Tour to ensure a Tour remains on schedule. These changes may affect itineraries, hotels, cities, sites, Tour Guides and other travel arrangements. In the event, such a change is necessary, in GSMA’s sole discretion, GSMA does not assume responsibility or liability for any resulting losses, expenses or inconvenience.
In case of a cancellation you will be notified right away and GSMA will refund payment as defined in our cancellation policy. Any refund will constitute full settlement. GSMA is not liable for additional costs or losses incurred due to cancellation. This includes, but is not limited to, costs of pre-paid airline tickets, hotel reservations or rentals.
GSMA has the right, at any time, to change prices; however, all prices for previous bookings will be honored.
For safety reasons GSMA reserves the right, at the Guides sole discretion, to refuse to let any Rider participate in any activity. This includes, but not limited to, limiting riding in certain areas or types of terrain, as determined solely by GSMA, for rider safety or the safety of other clients, Tour Guides and personnel, the vehicles and equipment or any third party.
It is recommended that the Rider always carry Ownership Papers, Rental Agreements, Insurance Document, Passport, International Driver’s License or U.S. State Driver’s License.
GSMA practices Tread Lightly principals to promote responsible recreation through ethics education and stewardship.
Terms and Conditions Acceptance
I understand and agree that I will be required to sign a release and waiver form before participating in any GSMA Tour, event or rental. By booking a Tour, Event or Rental I; herby, certify that I have read and accept the Terms and Conditions of GSMA and am fully aware as the Rider (motorcycle operator and/or passenger) that motorcycling can be dangerous, that traffic conditions, roads, weather and other conditions; as well as the actions of others on the Tour can exacerbate the risks and I agree to accept those risks.
I attest that I am an experienced (at least two (2) years of riding experience) responsible and healthy motorcyclist with a valid motorcycle driver license. As a passenger, I’m aware of the potential dangers of motorcycling.
I understand and agree that the owners, guides, support staff, employees, agents or operators of this Tour, Event or Rental, including GSMA, are not the guardians of my safety. Additionally, Riders, on their behalf and on behalf of their heirs, personal representatives, successors and assigns (collectively “heirs and assigns”), in consideration of the participation waive, release, discharge, covenant not to sue and agree to indemnify, defend and hold harmless GSMA and each party’s respective directors, officers, owners, employees, agents, affiliates, tour guides and assigns (each, a “released party” and collectively, the “released parties”), from and against any and all demands, claims, damages, losses, liabilities, attorney fees, legal proceedings, whether civil or criminal, penalties, costs, fines, or other sanctions of any kind (collectively, “liabilities” or “liabilities”), that may be incurred by or accrue against any released party directly or indirectly arising out of or relating in any respect to the Rider’s participation in an Tour, event or motorcycle rental.
These terms and conditions shall be governed by the laws of the State of Nevada and that any legal action shall take place in the venue of Clark County, Nevada, and in no other jurisdiction. The prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs, including reasonable attorney’s fees.
I have fully read the contents hereof and have had the opportunity to obtain the advice of legal counsel. I fully understand and agree with each term, conditions and provision contained herein. Ambiguities, if any, are to be resolved in the same manner as would have been the case had this instrument been jointly conceived and drafted; additionally, if any term, provision, or condition of the Agreement is held to be invalid, void, or unenforceable by a court of competent jurisdiction, then the remaining provisions shall continue in full force and effect. Furthermore, it is agreed this document supersedes all verbal and or other written agreements made between the participant and GSMA.
Upon booking a reservation for a GS Moto Tour, event or rental confirms your acceptance of the Terms and Conditions as a binding contract between Great Southwest Moto Adventures and yourself.
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