Tour operator

The tour operator is CLUTCH DESMO TOURS, Clutch DT d.o.o., Naselje heroja Maroka 29, 8290 Sevnica, Slovenia, Europe (shorter CLUTCH).

Agents, tour operators and representatives

CLUTCH agents, tour operators and representatives are representing us, but are not a party of this contract, and are not responsible or liable for any failure to provide any service as may be described in our literature or pertaining to the contract.

BOOKING

Guided and self-guided tours

Every person who completes a booking is regarded as principal contractor and accepts the obligations under the contract with CLUTCH (payments, contract cancellation, etc.). In the course of booking, CLUTCH requests a deposit. The deposit required to secure the reservation and place on the tour is 1.000 EUR per person. Space on the tour is limited and reservations are on a first come basis. The balance of the amount is due to be paid 60 days before the tour starts. If the total balance is not received 60 days before the tour starts, CLUTCH reserves the right to cancel the reservation. Each participant is required to sign a release and waiver form of rights at the booking and before the tour starts. CLUTCH cannot accept a participant without a signed release and waiver form.

Motorcycle rentals

If a participant rents a motorcycle from CLUTCH without a corresponding guided or self-guided tour, the rental reservation becomes final after a 300 Euro non-refundable deposit is received. If a participant fails to send a reservation deposit, CLUTCH may cancel the reservation at any time. Modification of an existing rental reservation can be made free of charge if claimed at least 21 days before the commencement of the rental, otherwise a surcharge may apply.

Cancellation

In case of a customer cancelling the reservation after the confirmation, CLUTCH reserves the right to withhold the deposit/tour charge in part for costs incurred. Each cancellation must be in written form. Cancellations received more than 60 days prior to departure will be subject to a 1.000 Euro per person cancellation fee. Cancellations received less than 60 days prior to departure will be subject to the following forfeit of tour costs: 59-30 days, 50% of tour cost; 29-15 days, 75% of tour cost; within 15 days, 100% of tour cost. Trip cancellation insurance is strongly recommended.

COVID-19 Cancellation Policy for World Ducati Week Tour 2020

Due to the current exceptional COVID-19 situation, the cancellation policy for the World Ducati Week 2020 tour will be regulated by the Slovenian national legislation (Act Amending the Act Determining the Intervention Measures to Contain the COVID-19 Epidemic and Mitigate its Consequences for Citizens and the Economy, 24, article 101a), as the company CLUTCH is registered in Slovenia and by the Italian national legislation (article 28 of DL March 2, n.9 and article 88 bis), as the 90% of the deposits for the tour have already been made in Italy. CLUTCH decided to combine the legislations of both countries and provide to the customers a voucher for the prepaid amount that has no expiry date, since we do not want to put a time limit to our customers. The voucher is transferable, fractionable and can be used to book any tour organized by CLUTCH. The issue of the voucher absolves the provider from the reimbursement of the prepaid amount and does not require any form of acceptance by the customer. The voucher cannot be converted into cash and no change will be given. If the customer does not agree with the issue of the voucher, CLUTCH has a legal obligation to reimburse the already paid amount to the customer within 12 months months of the declaration of cessation of the epidemic. Slovenia was the first European nation to declare the official end of its domestic coronavirus outbreak on May 15, 2020.

Tour cancellation and changes

CLUTCH reserve the right to cancel any tour if the number of participants booked does not meet the minimum requirement to operate the trip. If this occurs, CLUTCH will offer to operate the tour if all participants agree to a supplemental charge due to the low number of tour members. If participants do not accept to pay the supplement, CLUTCH will offer a self-guided tour at current self-guided tour prices to participants. If participants do not agree to pay the supplement or take a self-guided tour, CLUTCH will refund their deposit and payments in full, which will constitute the full settlement. CLUTCH is not liable for any additional costs or losses incurred by the participant due to the cancellation of the tour due to lack of participants. This includes, but is not limited to, the cost of pre-paid airline tickets, hotel reservations and automobile rentals. CLUTCH takes no responsibility for any flight delays or scheduled changes at any state throughout the trip. In the event of any such change, no refund will be considered. When the tour cannot be started or has to be interrupted or ended for reasons outside of the control of CLUTCH or its contractors or customers as well as in a case of major disturbances, such as riots, floods, earthquakes, strikes, etc. the contract becomes invalid. CLUTCH has the sole discretion to alter the itinerary should it become necessary due to weather, local conditions, politics or various other reasons. No refund will be considered in the event of any such changes. Fares quoted by CLUTCH and its agents are those in effect at time of printing. On rare occasions, due to situations beyond our control, CLUTCH reserves the right to change tour prices any time prior to 60 days before departure. CLUTCH reserves the right to correct printing errors or calculation mistakes at any time. Discounts offered by CLUTCH cannot be combined with other existing discounts.

Tour Cancellation Insurance

Customers of CLUTCH have the opportunity to purchase tour cancellation insurance. Purchasing tour cancellation insurance allows customers to receive a refund for a tour when a customer must cancel a tour for reasons covered by this insurance. CLUTCH tour cancellation insurance does not cover expenses not paid to CLUTCH, such as airfare, additional hotel accommodations or sightseeing, even if such bookings are made for or recommended to the customer by CLUTCH.

This insurance can only be purchased at the time payment is made, 60 days before the tour. The purchase of the insurance must be in written form, by signing the section in the Booking contract. Tour cancellation insurance cannot be purchased after tour payment is made. Tour passengers or travelling companions can be covered by the customer’s tour cancellation insurance if designated at the time of purchase of the insurance.

Tour cancellation insurance costs 7.5% of the total listed price of the tour, including any supplements like motorcycle upgrades, single room requests, and passenger costs.

• CLUTCH will refund the full tour price to a customer who has purchased Tour Cancellation Insurance if the cancellation is due to the following:

• Sickness, accidental injury or death of the customer, the customer’s travelling companion, or an immediate family member or business partner of the customer or travelling companion. The claim must be substantiated by a signed letter from a physician on their letterhead.

• The customer or travelling companion having their home made uninhabitable by a natural disaster. The claim must be substantiated by a letter from the insurance company.

• War or terrorism in a country which is part of the tour which then leads the customer’s government to issue a warning to not travel there during the period when the tour is to take place. Such recommendation must be made after the date of purchase of the Tour Cancellation Insurance.

• The customer or travelling companion being required to serve on a jury or subpoenaed. The claim must be substantiated by a letter from the court.

• The customer or travelling companion being directly involved in a traffic accident while on route to departure. The claim must be substantiated by a police report.

• The customer or travelling companion is called to military duty during the period when the tour is to take place. The claim must be substantiated by letter from the military.

• A strike, natural disasters or bad weather results in the cancellation of airline service and prevents the customer from arriving in time to participate in the tour.

The customer or travelling companion has their employment terminated through no fault of their own after purchasing the Tour Cancellation Insurance. The customer must be employed for one year by the employer. The claim must be substantiated by a termination letter on company letterhead.

This insurance specifically excludes:

• Expenses not included in the price of the tour, such as airline expenses, extra hotel nights or additional sightseeing activities.

• Lost, damaged or stolen luggage.

• Medical costs, including all activities associated with medical evacuation.

• Pre-existing conditions. Pre-existing conditions include but are not limited to any injury occurring prior to and including the date of purchase of Tour Cancellation Insurance and any illness occurring during the 120 days prior to and including the date of purchase of this protection for which treatment by a licensed physician has been sought or advised or for which symptoms exist which would cause a prudent person to seek diagnosis, care or treatment.

• Any situation not specifically included above.

• If the cancellation occurs prior to the start of the tour, the entire cost paid will be refunded.

• If the cancellation occurs during the tour, a pro-rated refund will be made for the unused days of the tour.

In the case of a flight cancellation or an accident which makes it impossible for the customer to arrive at the starting location of the tour, the customer will have the option of to receive a refund of the tour payment or join the tour in progress. CLUTCH reserves the right to determine whether joining the tour is feasible. CLUTCH will advise the customer as to whether it is feasible to do so. All additional costs to join the tour in progress will be the responsibility of the customer and no pro-rated credit will be granted for any days of the tour that the customer did not participate in.

Insurance

CLUTCH recommends that the participant take out a travel, health and accident insurance. It is the participant’s responsibility to ensure suitable insurance cover is taken out prior to commencement of the trip. CLUTCH is not responsible for any accidents. It is agreed and understood that neither CLUTCH nor it’s agents are the guardians of any customer safety and that they, individually or collectively, can not be held liable in any way for any occurrence in connection with the tour which might result in injury, death or other damage to the customer, his property or his family heirs or assigns.

Passport, Visa and driving regulations

The customer is responsible for complying with above regulations and all consequences resulting from non-compliance. The customer must be in possession of a valid passport with valid Schengen visa (if needed), and International Driver’s License for the duration of their stay.

Motorcycles

The motorcycle that CLUTCH provides to the participant will be insured but you will be liable for the first 2.500 Euro worth or any damage to the motorcycle irrespective of how that is incurred deemed by CLUTCH to have been your responsibility. The term ‘damage’ is to exclude reasonable wear and tear. Minor blemishes or paint chips caused by gravel, stones and insects are considered normal wear and tear, however, damage or scratches caused by an accident irrespective of who is at fault, dropping a motorcycle or riding it through bushes or off roadways is not considered normal wear and tear.

The participant is solely responsible for the ignition keys during the normal course of a riding day. Should they be lost or stolen due to neglect or failure to follow the tour leader’s instructions the participant is responsible for the replacement to a maximum cost of 500 Euro.

Riding privileges will be suspended from anyone under the influence of drugs or alcohol. If a participant operates a motorcycle after drinking an alcoholic beverage or using mind altering drugs the rider will incur unlimited liability for damage to the motorcycle. CLUTCH is not obliged to replace a motorcycle damaged by a participant in these circumstances.

If the participant does not comply with local traffic laws, or does not practice safe group travel practices as described by the tour leader and by guidelines provided by CLUTCH the agreement with the rider may be cancelled and riding privileges will be suspended. A participant is responsible for all traffic tickets received during the tour. A service charge will apply for all unpaid tickets. Participants agree not to cause any damage to natural surrounding or third parties through their actions while riding their motorcycles. In the event a participant repeatedly ignores rules or causes others to feel threatened by their actions, CLUTCH reserves the right to revoke this contract and remove the participant’s rental motorcycle.

Participants who intend to operate a motorcycle provided by CLUTCH must be at least 25 years old and must have a valid motorcycle operator license. Participants must also attest that they have at least 2 years of experience operating a motorcycle of similar size or larger than the motorcycle that will be provided by CLUTCH.

The motorcycles are provided by CLUTCH and the cost is included in the tour costs. CLUTCH will attempt to provide the tour participants with the model of motorcycle confirmed to the participant. If after having confirmed the model of motorcycle requested, CLUTCH finds that it is necessary to substitute a different model, CLUTCH will notify the participant as soon as possible. If the participant does not wish to accept the proposed substitution the participant may cancel the tour without penalty and the deposit will be refunded.

Unexpected and uncontrollable situations may require last minute substitution of a motorcycle including after the tour has begun. This may include, but is not limited to, mechanical failure, collision, damage and theft. In this circumstance, CLUTCH reserves the right to substitute the type of motorcycle confirmed. Should CLUTCH not be able to replace a motorcycle with the confirmed type or similar a prorated refund for the difference in models if any will be refunded to the participant.

 Security deposit

At the beginning of the motorcycle rental period, either on guided, self-guided tour or motorcycle rental, a security deposit of 500 – 2000 Euro, depending on the model of motorcycle, must be paid to CLUTCH. The deposit will be held until the undamaged motorcycle is returned in acceptable condition. The deposit will be refunded at that time. The rental period is not interrupted due to damage to the motorcycle or the inability of the participant to ride the motorcycle. During the rental period, CLUTCH is not obligated to replace a damaged motorcycle. If a participant provides his own motorcycle, no tour insurance will be provided by CLUTCH.

Video materials

Photos and videos produced by CLUTCH are the property of CLUTCH, and the copyrights rest with CLUTCH. CLUTCH can use all such material for advertising and marketing purposes, including images in which participants can be recognized, without any charge from the participant. Participants who submit photos to CLUTCH agree to allow the use of such photos by CLUTCH for advertising and marketing purposes. Single room supplement If a participant is travelling solo, we will attempt to find a suitable roommate for the participant if the participant requests it. In the case where this proves impossible, a single room supplement will be charged.

Acceptance of Terms and Conditions

I understand that I will be required to sign a Release and Waiver Form before I can participate on a CLUTCH tours. I have read and accepted the terms of conditions of CLUTCH. I am aware that motorcycling can be dangerous. I am aware that traffic conditions, roads, weather and other conditions as well as the actions of other members of the tour can influence the risks. I agree to accept those risks.

I am an experienced responsible and healthy motorcyclist with a valid motorcycle driver license. As a passenger I am aware of the potential dangers of motorcycling.

I further agree and understand that the owners, operators and agents of this tour, including CLUTCH, are not the guardians of my safety. They, individually or collectively, can’t be held liable in any way for any occurrence in connection with the operation of my participation in the tour which might result in injury, death or other damage to me, my property or my family heirs or assigns.