24.1 Pre-Contract Information and Contract Documents
Before the traveller is bound by the Tour Contract, CMA shall provide the essential information applicable to the tour, including the main characteristics of the travel services, the total price, payment schedule, cancellation terms, minimum participant number where applicable, and general passport, visa, and health information relevant to the destination(s).
The booking confirmation, itinerary, inclusions/exclusions list, payment schedule, and these Tour Terms together form the Tour Contract.
The traveller is responsible for reviewing all contract documents upon receipt and notifying CMA without undue delay of any inaccuracy or discrepancy.
24.2 Included Services and Exclusions
Only those services expressly stated as included in CMA’s written itinerary or booking confirmation form part of the contracted package.
Any service, activity, meal, transport, ferry, guide service, entry ticket, transfer, support arrangement, or other item not expressly stated as included shall be deemed excluded.
Any recommendations, suggestions, route ideas, restaurant tips, local advice, or informal assistance provided by CMA do not create additional contractual obligations unless confirmed in writing as part of the package.
24.3 Insignificant and Significant Changes Before Departure
CMA reserves the right to make insignificant changes to the tour before departure where such changes do not materially affect the package and are required for operational, safety, supplier, routing, accommodation, weather, border, or logistical reasons.
If, before the start of the package, CMA is constrained to make a significant change to the main characteristics of the package, cannot fulfil a special requirement previously accepted in writing, or proposes a price increase of more than 8% of the total package price, CMA shall inform the traveller clearly and on a durable medium.
In such case, the traveller may, within the reasonable deadline specified by CMA:
accept the proposed change; or
terminate the Tour Contract without paying a termination fee.
If the traveller does not respond within the deadline stated by CMA, and the notice clearly states the consequence of non-response, CMA may treat the proposed change as accepted to the extent permitted by applicable law.
24.4 Price Revisions
After conclusion of the Tour Contract, CMA may increase the package price only where such right is expressly reserved in the Tour Contract and only where the increase is a direct consequence of changes in:
the price of passenger carriage resulting from the cost of fuel or other power sources;
the level of taxes or fees imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes, or embarkation/disembarkation fees; or
exchange rates relevant to the package.
CMA shall provide the traveller with a clear explanation and calculation of any price increase on a durable medium no later than 20 days before the start of the package.
If the price increase exceeds 8% of the total package price, the traveller may terminate the Tour Contract without paying a termination fee.
The traveller shall also be entitled to a corresponding price reduction where the same cost elements decrease, subject to deduction of actual administrative costs where permitted by applicable law.
24.5 Minimum Participant Number
Where a tour is subject to a minimum number of participants, such minimum number shall be stated in the relevant offer or booking confirmation.
Unless expressly stated to be a guaranteed departure, CMA may terminate the Tour Contract if the minimum number is not reached, provided notice is given no later than:
20 days before the start of the package for tours lasting more than 6 days;
7 days before the start of the package for tours lasting between 2 and 6 days;
48 hours before the start of the package for tours lasting less than 2 days.
In such case, CMA shall refund payments made for the package without undue delay and in any event within 14 days of termination.
24.6 Traveller Termination in Unavoidable and Extraordinary Circumstances
The traveller may terminate the Tour Contract before the start of the package without paying a termination fee where unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity and significantly affect the performance of the package or the carriage of passengers to the destination.
In such case, the traveller shall be entitled to a full refund of payments made for the package, but shall not be entitled to additional compensation.
24.7 Cancellation by CMA Due to Unavoidable and Extraordinary Circumstances
CMA may terminate the Tour Contract before the start of the package, without liability for additional compensation, if CMA is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller without undue delay before the start of the package.
In such case, CMA shall refund payments made for the package without undue delay and in any event within 14 days of termination.
24.8 Lack of Conformity and CMA’s Right to Remedy
If any travel service included in the package is not performed in conformity with the Tour Contract, the traveller must inform CMA without undue delay so that CMA has a fair opportunity to remedy the issue.
CMA shall remedy any lack of conformity unless this is impossible or would entail disproportionate costs, taking into account the extent of the lack of conformity and the value of the affected travel services.
If the traveller fails to notify CMA promptly, any later claim may be reduced to the extent that the failure to notify prevented or limited CMA’s ability to remedy the issue.
24.9 Alternative Arrangements During the Tour
Where a significant proportion of the travel services cannot be provided as agreed after the start of the package, CMA may offer suitable alternative arrangements, where possible of equivalent or higher quality, at no additional cost to the traveller.
If the alternatives offered result in a package of lower quality or lower value, the traveller shall be entitled to an appropriate price reduction only to the extent required by applicable law.
The traveller may reject proposed alternatives only where they are not comparable to what was agreed or where the price reduction offered is inadequate under applicable law.
24.10 Price Reduction and Compensation
Where the traveller is entitled under applicable law to a price reduction or compensation due to a lack of conformity, CMA’s liability shall be limited to the extent permitted by mandatory law.
CMA shall not be liable for any lack of conformity attributable to:
the traveller;
a third party unconnected with the provision of the contracted travel services, where the lack of conformity is unforeseeable or unavoidable; or
unavoidable and extraordinary circumstances.
To the fullest extent permitted by law, CMA shall not be liable for indirect or consequential losses, including loss of business opportunity, reputational loss, or other non-direct losses not required to be compensated under applicable package travel law.
24.11 Assistance to Travellers in Difficulty
If a traveller is in difficulty during the package, CMA shall provide appropriate assistance without undue delay, in particular by providing appropriate information on health services, local authorities, and consular assistance, and by assisting the traveller with distance communications and in finding alternative travel arrangements where appropriate.
CMA may charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence, provided that such fee shall not exceed CMA’s actual costs.
24.12 Safety-Based Operational Changes
The traveller acknowledges that motorcycle tours may require reasonable route, timing, accommodation, ferry, support vehicle, meeting-point, luggage, or stage changes for safety, weather, road, supplier, border, or operational reasons.
Where such changes are not significant within the meaning of applicable law, they shall not entitle the traveller to cancel the Tour Contract, refuse participation, or claim compensation.
The traveller agrees to follow reasonable operational and safety instructions given by CMA, tour leaders, support staff, or local suppliers.
24.13 Complaints Procedure
Any complaint regarding the performance of the package should be communicated to CMA without undue delay during the tour so that CMA has an opportunity to investigate and, where appropriate, remedy the issue.
Complaints submitted only after the end of the tour may be considered in light of whether the traveller gave CMA a reasonable opportunity to address the issue during the trip.
Any post-tour complaint should be submitted in writing within 14 days after the end of the tour together with reasonable supporting information.
24.14 Insolvency Protection
Where the booking qualifies as a package travel contract under applicable law, CMA maintains insolvency protection as required by law for the refund of payments made by or on behalf of travellers and, where applicable, repatriation.
The details of the applicable insolvency protection arrangement shall be provided in the pre-contract information and booking confirmation.
24.15 Communication on a Durable Medium
Where these Terms or applicable law require CMA to provide information, notices, changes, termination options, or refund-related communication on a durable medium, such requirement may be satisfied by email or other written electronic communication capable of being stored and reproduced unchanged by the traveller.
Notices sent by CMA to the email address provided by the traveller shall be deemed received unless the traveller proves non-delivery for reasons not attributable to the traveller.
24.16 Standard Information Form and Mandatory Law
Where the booked arrangement constitutes a package within the meaning of applicable package travel law, the traveller will receive the standard information form setting out the key rights applicable to package travel contracts.
In the event of any inconsistency between these Terms and mandatory package travel law, the mandatory law shall prevail only to the extent of that inconsistency.