Remote Asia Tours and Contractual ServicesTerms & Conditions 2008 - 2012
Self – Guided Motorcycle Hires
These rental conditions are a constituent part of the contractual agreement between Remote Asia Travel, (Renter) hereby known as RAT and the customer (Hirer), governing the use of motorcycles. Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, reserved.
subject of the contractual agreement with RAT's exclusively the temporary
transfer of the reserved motorcycle(s). The Hirer shall organize and conduct
the trip of his/her own accord and shall use the motorcycle responsibly and Remote Asia does not permit novice or beginner riders to operate our equipment.
Unless otherwise stated, all prices shall include unlimited kilometers (mileage)
Depending on the location and date, payment will be in full prior to arrival.
3. Guarantee of availability
Upon prepayment you will receive a confirmation via email or fax. This is
the guarantee of availability of the booked motorcycle. RAT reserves the right
to substitute the requested rental motorcycle at any time due to unforeseen
circumstances. RAT strives to ensure that you ride the motorcycle you are
confirmed on. Unfortunately, at times, certain unexpected and uncontrollable
situations arise; this includes, but is not limited to, mechanical failure,
collision damage, and theft. Should RAT not be able to replace a confirmed
motorcycle with the confirmed type or similar, a refund for the difference in
service will be exacted to participants. This constitutes the maximum liability
Even if the motorcycle is returned before the agreed rental period has expired, the rental amount agreed in the contractual agreement is to be paid in full.
4. Obligations of Hirer
The Hirer shall use the motorcycle with due care and attention, observe the appropriate technical codes of practice and operating instructions as well as ensure road safety. The Hirer shall comply with legal requirements especially the provisions of road traffic regulations. The Hirer shall be liable to the payment of all administrative fees, fines and penalties that are attributed to his/her use of the motorcycle. It shall be prohibited for the Hirer to:
a. Allow any other person than the authorized persons named in the rental agreement to use the motorcycle.
b. Allow such authorized persons to drive the motorcycle if they are banned from driving or if they do not possess a valid driver's license or are incapable of driving.
c. Drive the motorcycle if he/she himself/herself is banned from driving or if he/she does not possess a valid driver's license.
d. Use the motorcycle in a condition unsuitable for driving.
h. Pawn or sell the motorcycle or dispose of the motorcycle or its parts, equipment, accessories and documents in any way that could infringe the rights of ownership of the Renter or infringe any other rights the Renter has on the motorcycle.
Bring the Motorcycles to other countries such as
j. At no time will the hirer take the motorcycle to a mechanic without consent from RAT
5. Obligations and Liability of the Renter
The renter shall hand over the motorcycle in a technically correct and road-safe condition. The Hirer shall additionally receive the vehicle documents and tools. The Renter shall recognize and accept existing damage only if it is defined in writing in the damage form as part of the handover procedure. If, through no fault of the Hirer, a repair is necessary during the rental period in order to ensure operation or maintain road worthiness of the motorcycle, the Hirer must receive the Renter's consent before proceeding with the repair. Further claims, irrespective of whatever legal reason, are excluded unless the damage or loss to the Hirer is attributed to intent or gross negligence on the part of the Renter.
Liability of the Hirer for Damage
From the moment of transfer through to return of the motorcycle, the Hirer shall be liable to the Renter even for the slightest negligence/carelessness in terms of the demise (including the loss or confiscation) of the motorcycle as well as for all damage (such as accident or operational damage, damage as the result of improper use and damage that reduces the value of the motorcycle) that occurs beyond the scope of normal wear of the motorcycle during the rental period. In the case of damage to the rental motorcycle, the Hirer shall be liable for the costs of repair, invoicing and return actually incurred or defined by an expertise appraisal as well as for the costs of expertise, the reduction in technical and market value up to the amount of the damage deductible option chosen. The burden of proof of lesser damage shall lie with the Hirer.
7. Requirements in the Event of Accident or Any Other Damage
If damage or loss occurs, as well as in the event of damage or accident, the Hirer shall be obliged to notify the Renter immediately by telephone. Shipping and/or repair services are to be called in only after obtaining the consent of RAT. The police must be notified immediately in the event of an accident. Evidence (witnesses, track marks, etc.) is to be secured, the personal data of those involved recorded and everything must be done that can contribute to correct and complete clarification of the sequence of events. In all events, Remote Asia Travel shall not be held liable for loss related to mechanical failures.
8. Insurance Cover
The hirer agrees to assume financial responsibility in case of damage to the motorcycle. The deposit is guarantee of payment. The Hirer is expressly reminded that, he/she is still liable for damage including:
a. If he/she does not comply with the provisions of the contractual agreement as stipulated in the “Obligations of the Hirer” section.
b. Leaves the site of an accident he/she was involved in
c. Causes damage intentionally, deliberately or through gross negligence
d. Exceeds the agreed rental period contrary to the terms of the agreement
9. Return of Motorcycle
The motorcycle shall be returned without any externally visible deficiencies.
The Hirer shall return the motorcycle in the same condition at the end of the
rental period at the agreed place and time with all vehicle documents, tools
The Renter shall be entitled to rescind the rental agreement without prior notice if a compelling reason is known that would render continuation of the rental agreement unacceptable. Important reasons include in particular incorrect personal data of the Hirer, information on credit worthiness as well as serious infringement of the provisions of the contractual agreement. In the event of rescission without prior notice the rental motorcycle must be returned immediately, i.e. before the agreed rental period has elapsed. The Renter's right to claim for damages and compensation shall remain unaffected.
10. Fines and penalties (legal)
The hirer agrees to assume financial responsibility for all traffic infractions
incurred on his rental motorcycle for the duration of his rental period.
11. Deposit Refunds
Deposits are non-refundable for all motorcycle rentals.
Remote Asia Travel and Fuark Motocross shall not be held liable for loss due to mechanical failures. Self-guided motorcycle tours and rentals are assumed risk events and all bookings or events set to schedule or dates are subject to delays and loss.
RAT recommends that you take out adequate
Remote Asia Tours and Contractual Services
contract between us
When you book a tour with us, the contract will be between yourself (hereinafter “you, your”) and Remote Asia Travel Co Ltd (hereinafter “we, us, our”). We will act as principal and tour operator. The contract will consist of an agreed itinerary and your acknowledgement of acceptance of these booking conditions. The contract between us becomes binding at the point at which you issue instructions to us to go ahead with making reservations for the agreed itinerary and our receipt of your deposit as mentioned in the ‘Deposit’ section below. Please note that whether you book your tours directly with Remote Asia Travel, this contract will be signed with Remote Asia Travel and is made on the terms of these booking conditions, which are governed by Laos Law, and both parties agree to submit to the jurisdiction of the Laos Courts
All your payments to Remote Asia Travel will have full instructions on how to complete the transaction. In the unlikely event of financial failure, customers’ prepayments for non-flight inclusive packages / flight inclusive packages will be reimbursed. This policy is applied to all our clients worldwide.
Payment and Transfers:
International bank transfers to Remote Asia’s accounts in
Mode of payment
As we develop the itinerary for your holiday, we will check the availability of hotels and, if possible, make provisional bookings. To do this, we will need early notification of your flight details. Once we have agreed the itinerary and the price, and received your instruction to proceed, we will ask you to settle a minimum 30% deposit of your tour price to our bank to cover our costs if you cancel thereafter. Upon receipt of your deposit, we will make firm bookings and confirm them to you. In some cases, the deposit percentage will be altered and stated in the invoice for your approval. The changes to the percentage amount are flexible and based on departure date and cancellation policies of third party service providers.
Where international flights are booked with us, full payment of the airfare portion will be required at the time of the flight booking, and the booking terms and conditions that will apply pertinent to your flight will be those issued by the airline.
Please note that, in several areas, hotels become fully
booked well in advance because there are few adequate alternatives, or
sometimes none at all. It is therefore in your interests to pay the deposit as
early as possible to secure the best availability. At this stage, if you choose
to pay by bank transfer, you may choose to pay the full price rather than a
deposit, thereby avoiding a second transfer fee.
Full payment of the balance must be settled by you no later than 60 days before your departure for your tour. However, a few service providers require full payment earlier than thirty days – in such a case we will notify you for your further instructions. If you wish to book after the thirty-day deadline, and your booking is accepted, we reserve the right to withdraw liability for a lack of suitable accommodation, transport or other elements of the tour caused by inadequate time to set up the tour.
In the event of the full payment not reaching our account by the agreed due date, we reserve the right to cancel all bookings and the contract between us.
If you ask for changes to be made after you have paid in full, but before your date of departure, any increase in the price must be settled by credit card via our Paypal account. If changes result in a reduction of the price, you will be reimbursed via Paypal or bank transfer depending on your choice and a deduction of transfer fees will apply to the final amount.
If you ask for changes
to be made during your time in
No refunds will be made for any unused elements of the itinerary. If you wish to cease your tour while in process, any costs for additional transportation to depart the tour are your responsibility.
The date of cancellation will be the date on which we receive your notification of your wish to do so.
Deposits for any tour are non-refundable.
If you cancel during the 60-day period as above, your deposit is non-refundable. The remainder balance paid is refundable according to the date scale prior to trip departure:
0 – 30 days prior to first day of services: Total payments non-refundable
31 – 45 days prior to first day of services: 50% of the balance payment refunded, deposit non-refundable
46 – 59 days prior to first day of services: 75% of the balance payment refunded, deposit non-refundable
If, rather than cancel, you wish to transfer your booking to another person, we can arrange transfer subject to your instruction, and the transferee providing his or her full details, confirmation of acceptance of the terms of the contract, agreement to pay our costs incurred in making the transfer and any outstanding balance of the total price, and there being sufficient time to allow a new visa to be issued. This is a complicated process if flights are involved and will be available only on a case by case basis.
We reserve the right to cancel the contract between us for any reason prior to your payment of the full price of the holiday, whereupon we will refund any monies that you have paid us in full. After full payment has been made, we will only cancel the contract if circumstances beyond our control make it unavoidable.
In the unlikely event that such circumstances should arise, we will contact you immediately and offer you the choice of an alternative of equivalent quality or a full refund of all monies paid. No additional compensation will be paid over and above the total sum received from you.
We accept responsibility for carrying out the terms of the contact and for the performance of our employees, sub-contractors and suppliers. If we fail to comply with the terms of the contract, we will compensate you for any loss that you incur. We will not be liable to pay compensation if the failure to carry out the terms of the contract is neither our fault nor that of our employees, sub-contractors or suppliers because the failure is caused by:
or a third party, unconnected with the contract, whose actions we could not have reasonably foreseeable or avoided, or any event or circumstances beyond our control the consequences of which could not have been avoided by us, our employees, sub-contractors and suppliers despite all due care being taken. This includes postponements and/or cancellations where international and domestic carriers disclaim liability.
Our liability in this regard is contingent upon your early notification of your dissatisfaction to us, our guide or one of our employees in sufficient time for us to rectify the error or omission. If we are unable to rectify the error or omission, we will make appropriate compensation. If your notification of the error or omission is too late for us to rectify the problem, we reserve the right to deny liability.
For technical reasons,
compensation must be made in US Dollars (USD).Compensation or refund payments
are limited to the total amount that you have paid minus used portions
pro-rated on from the agreed trip.
Civil unrest or national emergencies,
This covers any interruption of services due to events where civil or natural emergencies occur. Examples (but not limited to) would be floods in the region you are traveling through, closure of airports by demonstrations or acts of terrorism that may influence international flight status.
by you, or
Because we operate on a tailor-made basis, you can request alterations to any aspect of your holiday without incurring service charges for making such alterations. We will advise you of the cost or saving resulting from proposed alterations and, if it is acceptable to you, incorporate it into the price.
Your booking will be accepted based on your understanding that the tourism infrastructure in
Sometimes, close to your time of departure, we receive information about circumstances beyond our control affecting your holiday: potential travel disruption, road works, major events, predicted adverse weather conditions and so on. In such circumstances, we will contact you and, if possible, suggest alternatives to solve any problems that might arise.
All such alterations
will be subject to your approval and agreement. If you agree to such
alterations, and they involve additional cost, this must be borne by you.
If alterations become necessary during your holiday because of the failure of a third party contracted by us to provide the required services, and we are unable to provide an equivalent alternative, we will compensate you for any losses incurred and seek redress from our sub-contractor later. If we offer you a more expensive alternative, the extra cost will be borne by us.
During your holiday, alterations may be necessary because of circumstances beyond our control occurring at short notice. Examples of such circumstances might include postponements, cancellations or overbooking by international and/or national carriers, unforeseen weather conditions, government action or mechanical breakdowns.
In the event of a necessary alteration beyond our control, we will do our best to find satisfactory alternatives and minimize inconvenience, but cannot be held liable for any losses incurred. If such alterations involve additional cost, this must be borne by you.
We reserve the right to decline your booking without explanation if we consider that you might pose a threat to public safety and/or security in the destinations in your tour program.
Our acceptance of your booking is conditional upon your understanding that we cannot be held liable for any accidents, illnesses, thefts or losses occurring during your holiday and caused by circumstances beyond our control, or resulting from your failure to take common-sense precautions or to follow instructions given by us or our guides, party leaders or persons with official authority.
that we require you to purchase in advance travel insurance and any other
necessary insurance adequate to meet your needs, and will therefore assume that
you have done so before your arrival in
price of your holiday
The price is the total cost of the holiday including all elements specified in the itinerary, unless stated otherwise. As our holidays are individually designed, the price will vary according to changes made in the vacation program. At the point at which you decide to make the deposit or full payment, all agreed changes to the price will be included in the invoice that we send you.
Travel insurance and medical precautions are essential. We do not give specific advice on these matters as we are expert in neither, and individual circumstances differ.
If you are intending to engage in any activity that could be considered 'hazardous' in any way, you should check your insurance carefully to make sure that you will be covered in the case of an accident. Operation of motorcycles is usually limited to 125 cc by most policies, if you are on a tour that uses motorcycles over this capacity, it is your responsibility to inform you carrier.
We prefer you to provide the name of your travel and medical insurance company with contact details so that we can give notification on your behalf if you are unable to do so in the unlikely event of an accident occurring.
You should ensure that you are fully up to date with vaccinations required for the countries in your tour program.
If your itinerary means you may be involved in strenuous activities, such as cycling, trekking, etc., you should check with your medical practitioner if you are in any doubts about your fitness to do so.
If you are prone to recurring
illnesses, allergies or have any other disabilities or health problems relevant
to your holiday, you should inform us well in advance. The same applies to
specific dietary requirements, either for medical or religious reasons.
Additional Terms and Conditions related to Cruises
1. Though every effort will be made to ensure that the published itinerary is followed as closely as possible, given uncertain river and other local conditions, all schedules and itineraries may be subject to alterations and delays at short notice.
2. The ship's purser and captain are jointly responsible for passengers' comfort and safety. Passengers must accept their decisions and instructions.
3. Whilst the crew do everything in their power to facilitate landings, access to the ship at certain river stations can be difficult, with steep and sometimes slippery river banks. Elderly passengers should consult their doctor to ensure that they are fit for travel. Wheel chairs are not allowed.
4. In the case of water levels being too high or low or defects to the vessel beyond the control of the company an alternative itinerary will be offered to passengers after consultation between the ship's captain and the company's management, subject to accommodation and meals being maintained on board the vessel unless by prior agreement with the passenger.
5. Should it prove difficult to embark or disembark passengers at the scheduled points the company are not liable to bear any extra cost of transporting passengers to and from the revised point of embarkation or disembarkation unless passengers or their agents have purchased a complete package tour which includes land services from us. Any reason for changing the points of embarkation or disembarkation can not count as a reason for canceling this contract.
6. Passengers should seek advice from their doctor regarding relevant inoculations and prophylactics for travel to these countries.
7. Passengers must be fully insured to cover any risk of medical expenses and repatriation (which includes repatriation of remains) and the Remote Asia Travel is in no way responsible for such liabilities. Passengers must settle before departure any medical bills incurred whilst on a company ship for doctor's attendance, drugs supplied, and any other medical facilities provided by the company for the passenger.
8. Once a booking has been received through a sales agent or directly from the passenger a contract exists between the Remote Asia Travel and the passenger and these terms and conditions must be adhered to by both parties.
9. Unless otherwise agreed agents are responsible for the transfer of their passengers to and from the ship on time and in the event of a late arrival the ship is not obliged to delay departure thereby upsetting tight schedules.
10. Remote Asia Trvel accept no liability or responsibility for loss or damage to passenger's property whilst on board a vessel.
11. During the river stops on the company provide an guide service in the English language. Foreign language guides must be pre booked and there may be extra charges for this. Personal guides must be booked at normal rates in passenger accommodation.
12. The cruise line reserves the right to refuse to allow anyone on board if a ticket can not be produced and the company can not guarantee the exact allocation of cabins and deck location which may in the event of extenuating circumstances differ from the cabin number indicated on the ticket.
13. Within the ticket price fuel costs have been calculated on average prices as of the publication of this document. Should fuel prices rise by more than 10% Remote Asia will be entitled to impose a fuel supplement equivalent to the amount by which the fuel price exceeds the price allowed for in the contract.
14. It is not permitted to allow any breed of animal on board.
15. Infants below the age of 4 years may sleep in their parent's cabin without extra charge but the company can not guarantee the availability of a cot. Children of 4 years and + must solely occupy a berth and pay full rate.
16. In the event of a dispute, the law of the country in which the vessel is operating will apply.
17. The company reserves the right to change the vessel without notice.
18. Payment terms and cancellation policy is printed on an invoice issued for each booking whether for an individual or for a group. Passengers and their agents must abide these terms and Remote Asia Travel reserve the right to either cancel an existing reservation or to refuse passage in the event that these terms have not been adhered to.
19. In the event that one passenger enters into a commercial or other form of relationship or arrangement with another passenger, Remote Asia Travel is no way liable for the obligations of one passenger to another passenger or any claim arising thereof.
20. For cruise departures where occupancy is less than 5 cabins the Remote Asia Travel reserve the right to cancel the departure giving all passengers with confirmed bookings 30 days prior notice of this intention. An alternative departure date will be offered subject to availability. If this alternative date is not acceptable to the passenger any downpayments made for the cancelled cruise will be refunded. In the event that a passenger has cancelled and paid cancellation fees and Remote Asia Travel subsequently cancel that departure then any cancellation fees (and down payment) will be refunded in full on the request of the passenger.
21. Remote Asia Travel reserves the right to change a cabin allocated without notice and in the event that a passenger is downgraded to a cheaper cabin then the difference in cost between the cabins will be refunded to the passenger or the passenger's agents.
22. Force Majeure: in the case of circumstances beyond normal control, such as war, civil or political unrest, strikes, catastrophes, epidemics or disruption to fuel supplies for the vessel, the Remote Asia Travel may cancel the cruise and there will be a full refund of all monies paid by the passenger minus transfer fees. In the event of a cruise being cancelled as a result of the above force majeure situations following the commencement of that cruise period then monies will not be refunded.
Liability Release for Motorcycle
All deposits are non-refundable depending on the notice give to Remote Asia Travel as outlined in the invoice.
All Remote Asia Travel motorcycles are insured with 3rd party liability. We recommend that you purchase additional insurance.
I have read and agree to the deposit and reservation policies above. I have read and agree to sign the assumption of risk, release, and binding arbitration agreement form at the bottom of this page.
I understand that conditions may be relatively primitive, and not luxurious. I understand that all trip itineraries are flexible and subject to change. I understand, agree and accept that Remote Asia Travel does not guarantee arrival times. I agree to cooperate with my Remote Asia Travel guide’s directives and abide by all prevailing laws. I understand that it’s my responsibility to return the rental vehicle to Remote Asia and all damages sustained during the trip are to be paid in full at the conclusion of the trip.
ASSUMPTION OF RISK
I am not a minor and I understand that by being a passenger of Remote Asia Travel, Inc. that:
A. I will have the opportunity to participate in various activities, including but not limited to motorcycle riding, hiking, swimming, snorkeling, windsurfing, rafting, boating, cave
exploration, kayaking, soaking in hotsprings, and engaging in other activities in public parklands and in privately-owned facilities such as restaurants, bars, stores, and recreation areas. I further understand that by participating in any of these activities, I may be subjected to a variety of hazards and risks, foreseen or unforeseen, which may cause me to suffer property damage, injury, or death (“DAMAGES”). I know that these DAMAGES can occur due to natural causes,
the active or passive negligence of Remote Asia, its employees and agents, or the negligent or intentional acts of third parties and/or fellow passengers.
I further understand that while on the Remote Asia there will be times where access to rescue or medical facilities or expertise may be several hours or even days away from the location where these DAMAGES may occur. I understand that being exposed to such DAMAGES, risks and hazards are inherent in participating in Remote Asia Adventure Travel and I understand that I should therefore exercise extra care for my own person. I understand the potential for these DAMAGES to occur, that those hazards and risks associated with Remote Asia exist, and notwithstanding these factors I choose to take this Remote Asia journey, agree to pay the required costs therefor and voluntarily assume the risks of such DAMAGES occurring while I am on my Remote Asia journey.
B. Remote Asia may at times deliver passengers to various third parties who will conduct, supervise, guide, or instruct passengers in various sporting or recreational activities, or conduct entire tours including but not limited to, those activities listed above in section A. Remote Asia assumes no duty to certify, monitor or verify the qualifications of any third parties involved in these activities. Passengers’ concerns regarding the qualifications of any third parties conducting or supervising these activities should be directed to the third parties and passenger agrees to release, indemnify and hold harmless Remote Asia for liability for DAMAGES arising out of the negligence of such third parties.
C. I have chosen to be a passenger on a motorcycle tour and that the inherent risks involved are acceptable to me. I am the driver of the motorcycle and responsible for my own safety and those that I encounter. I understand the need to exercise particular caution when driving and especially while around the other vehicles in transit. I voluntarily assume the risks of any and all DAMAGES I may incur on Remote Asia vehicles unless such DAMAGES are directly related to
the negligent operation of the vehicle rented to me by Remote Asia employees.
D. In the
event that I choose to quit or depart from my Remote Asia tour prior to the
completion of the tour as scheduled, I understand the risk inherent in doing
so, and I agree to release, indemnify and hold harmless Remote Asia, its
officers directors, agents and employees of any liability for DAMAGES arising
out of, or occurring after, my departure from the tour. I also understand that
by quitting or departing from the tour I will have forfeited and relinquished
any remaining value in the tour purchased for the tour and waive any and all
claims for reimbursement from Remote Asia.
In consideration for being accepted by Remote Asia [or any of its affiliated entities] to take a Remote Asia journey, I hereby agree to hold Remote Asia, [its affiliated entities], owners, agents, employees and contractors harmless from any and all liability, action, causes of action, debts, claims and demands of every kind and nature whatsoever which I now have or which may arise from or in connection with my Remote Asia journey. The terms of this agreement shall also serve as release and assumption of risk from my heirs, executors and administrators and for all members of my family. I, my heirs, distributees, guardians, and legal representatives hereby agree to hold harmless, and not make any claim against, sue, or attach the property of Remote Asia, [its affiliated entities], its owners, agents, employees or contractors for any injury or damage I might suffer due to the acts of omissions, including negligent acts or omissions, of any employee, agent, contractor or owner of Remote Asia [or any of its affiliated entities]. The undersigned further expressly agrees that this RELEASE and ASSUMPTION OF RISK AGREEMENT is intended to be as broad as permitted under Laos law and that if any portion thereof is held invalid, it is agreed that all other portions shall continue in full legal force and effect.
Any controversy or claim arising out of or relating to any DAMAGES I may incur, or concerning this Agreement, or to the making, performance or interpretation thereof, shall be settled by binding arbitration in Laos P.D.R. which then exist. I understand that binding arbitration may deprive me of various rights that I might otherwise have in a legal action, including, without limitation, the right to a jury trial, the right to appeal, and full discovery rights. Judgments on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. I further agree to pay half of any costs to third parties, including arbitrator(s), in an arbitration proceeding commenced and conducted pursuant this agreement.
I HAVE READ THE ABOVE ASSUMPTION OF RISK, RELEASE AND BINDING ARBITRATION AGREEMENT AND VOLUNTARILY AGREE TO SIGN THIS DOCUMENT.
No oral representations, statements or inducements, apart from this written agreement have been made and the undersigned acknowledges that the terms of this agreement cannot be altered or waived by any Remote Asia employee or agent except in writing.