Welcome to Motortourer!
On behalf of the team at Motortourer, we’d like to thank you for visiting our site and using our products and services. Unfortunately we have to bore you with the mundane (but very important) legal stuff first, so please do take the time to read these carefully.
By accessing, browsing and using the Motortourer website(s) (including but not limited to motortourer.com; co.uk; de; nl or other domain registrations under the Motortourer brand) or any of our applications through whatever platform and/or by using our products and services (“Services”), you (the “User”) acknowledge and agree to have read, understood and agreed to the policies, terms and conditions (including the privacy statement) contained herein (“Terms”).
As we are continually trying to improve our Services and provide User with the most relevant tools and functions, it may be necessary for us to apply additional Terms or products from time to time, which automatically become part of your agreement with us if you use those Services.
“Motortourer” shall mean Great Ventures B.V. a private limited company registered under KvK number 57234167 with its registered address at Handelsplein 12, 3071PR Rotterdam, The Netherlands and/or its affiliates, subsidiaries, or their agents, (also known also collectively as the “Motortourer Group”) operating under the name, Motortourer.
“Services” shall mean all the Motortourer website(s) (including but not limited to motortourer.com; co.uk; de; nl or other domain registrations under the Motortourer brand) or any of our applications through whatever platform and/or by using our (as well as some third party intermediaries and Service Provider’s) products and services.
“Service Provider” means a person or entity who offers accommodation, tours, retail or mechanical services or in other way provides services or goods to Users through our website.
“Terms” means these terms and conditions and including all policies (including privacy) which are incorporated herein.
“User”(horrible expression isn’t it? sorry about that) but it means any person or entity (including Service Providers) accessing, browsing or using the Services.
2.0 Scope of our Services
2.1 Through the website, Motortourer provides an online platform through which Users can: socially interact; share various forms of multimedia; book or advertise all types of temporary accommodation (for example, hotels, motels, hostels, campsites and bed & breakfasts); book or advertise motorbike tours; retail outlets and other related or similar functions and services that may be offered by Service Providers from time to time.
2.2 Should a User make an accommodation or tour reservation through our website, he/she enters into a direct (legally binding) contractual relationship with the Service Provider with whom they book (“Service Provider”). Motortourer shall not have any liability to Users for such bookings, regardless of the use of our website for enabling such booking.
2.3 When rendering any Services, the information that Motortourer provide is based on the information provided to us by other Users, Service Providers and third parties. Although Motortourer uses reasonable care in ensuring the appropriate use and content of the website, Motortourer shall not be responsible for the accuracy or completeness of the information provided thereunder. Neither will Motortourer be liable for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information or Services.
2.4 Although Users may have the ability to make their own reviews of Service Providers, our website does not constitute and should not be regarded as an endorsement or recommendation of the User’s, reviews, opinions or the quality, service level, qualification or (star) rating of any Service Provider.
2.5 Reviews and ratings may be removed or chosen to be displayed at Motortourer’s sole discretion. Ratings are calculated using upon algorithms based upon User input.
3.0 Your Use of our Website & Services
3.1 The User agrees not to misuse our website or Services and will not interfere with our Services or try to access them using a method other than the interface and the instructions that Motortourer provides. User may use our Services only as permitted by law, as well as export and re-export control laws and regulations where applicable. We may suspend or stop providing our Services at any time without prior notification if User do not comply with our Terms or policies or if Motortourer are investigating suspected misconduct by the User.
3.2 We want all people to enjoy the use of the website and interact and socialise in a safe and friendly environment. Therefore the User agrees to not upload or write anything that may reasonably be deemed to be offensive, discriminatory, defamatory or abusive. Neither shall User do anything to deliberately ruin the reputation and name of any other User or Service Provider. User agrees to hold us harmless from all such acts.
4.1 By using our Services, User agree that we can use such data in accordance with our intellectual property and privacy policies as set out herein. Likewise, User agree to abide by these privacy and copyright policies.
4.2 In connection with User’s use of the Services, Motortourer may send the User service announcements, administrative messages, and other information.
4.3 User shall not copy, monitor (e.g. spider, scrape), re-sell, deep-link, use, display, download or reproduce any content or information, software, products or Services provided by Motortourer for any commercial or competitive activity or purpose.
4.4 Except to the extent that the website incorporates third party software or API’s; the software including any source code) required for our Services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Motortourer, its suppliers or providers.
4.5 Using our Services does not give User ownership of any intellectual property rights in our Services or the content User accesses. User may not use content from our Services unless User obtains prior written permission from its owner or as otherwise permitted by law. These terms do not grant User the right to use, copy or reproduce any branding or logos used in our Services (including that of Service Providers). Users are not allowed to remove, obscure, or alter any legal notices displayed in or along with our Services.
4.6 The Services may display some content that is not the property of Motortourer. This content is the sole responsibility and/or ownership of the person(s) or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and Motortourer may remove or refuse to display content that Motortourer reasonably believe violates its policies or the law.
4.7 In using our Services, Users are able to submit/upload content. User retains ownership of any intellectual property rights that User already hold in that content. However, User undertakes and represents that all media and information User provides is its own, or User has a license or permission to use the same in such manner on our website. If User thinks that somebody is violating his/her intellectual property and wants to notify us, then User can contact us at: info(at)motortourer.com.
4.8 When User uploads or otherwise submit content to our website, User gives us a worldwide, freely transferable and royalty-free license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes Motortourer make so that User’s content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights User grants in this license are for the purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if User stops using our Services. Some Services may offer User ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services.
4.9 Motortourer grants the User a personal, worldwide, non-assignable and non-exclusive license to use the software provided to User by Motortourer as part of the Services. This license is for the sole purpose of enabling User to use and enjoy the benefit of the Services as provided by Motortourer, in the manner permitted by these terms. User may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may User reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or User have our written permission.
4.10 Except to the extent as provided for in connection with the Services, Motortourer will not sell or pass on your own personal details to any third party. However, Motortourer may collect cookies and commercially use any broad demographic statistics relating only to the age groups, motorbike models, nationalities and popular travel destinations etc for the purposes of improving our Services and those of our Service Providers.
4.11 When User use a location-enabled service, Motortourer may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
….at this point, you may want to consider stretching your legs, making a coffee and waking yourself up before continuing reading this…you’re almost there…
5.0 Updating, Amending and Terminating our Services
5.1 Motortourer is constantly changing and improving its Services, so we may limit, add or remove functionalities or features, or even suspend or stop a Service altogether and at any time. So far as is reasonably practicable, Motortourer shall try to inform Users of any such changes.
5.2 User can stop using our Services at any time. If User requests in writing, where reasonably possible, Motortourer will delete or return any personal data which identifies the User that may otherwise have been retained after cancelling or deleting User’s profile.
6.0 Liabilities and Warranties
6.1 Other than as expressly set out in these terms or additional terms, Motortourer makes no specific promises about the services or the quality thereof. For example, we don’t make any commitments about the content within the services, the specific function of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.
6.2 To the extent as permitted at law, any implied warranty of merchantability, fitness for a particular purpose and non-infringement are expressly excluded.
6.3 Neither Motortourer or any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Service Providers, (iii) the services rendered or the products offered by the Service Providers, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by User, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by User, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
6.4 Service Providers will indemnify and hold harmless the Motortourer Group and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
6.5 Subject to the limitations set out in these terms and conditions and to the extent permitted by law, Motortourer shall only be liable for direct damages actually suffered, paid or incurred by Users or Service Providers due to the solely attributable proven fault of Motortourer, up to an aggregate amount of €2,500.00 (two thousand five hundred Euros) whether for one event or series of connected events.
7.0 Law & Jurisdiction
7.1 To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Rotterdam, the Netherlands.
7.2 The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and User cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website or shall be sent to User upon your written request.
7.3 If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, User shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.