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General Terms and Conditions for MotoGirl Tours

Introduction

The Services made available by MotoGirl Tours can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally when using our website. It is not possible to use the website or to proceed with the booking process without this acceptance.

Article 1. Definitions and scope

1.1. Definitions

The following definitions have the same meaning whether they are singular or plural.

'Customer' (or "you/your") means a customer who reserves and/or books one or more Services offered on the Website.

'Website' means the www.motogirltour.com website.

1.2. Scope and your relationship with MotoGirl Tours

The General Terms and Conditions can be changed by MotoGirl Tours at any time without prior notice, although such changes will not apply to bookings that have already been accepted by MotoGirl Tours. It is therefore essential that all Customers read, save and/or print a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.

Article 2. Booking via the Website

2.1. The Customer's legal authority

Any Customer booking a tour must be at least 18 years old, be legally authorised to enter into contractual obligations at the time of booking, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these General Terms and Conditions.

The Customer must also confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these General Terms and Conditions and that the Customer has the authority to accept and does accept these General Terms and Conditions on behalf of all Customers in the booking.

The Customer is the person who is responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.

The Customer agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

The Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.

Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing Customers access to the Services offered by MotoGirl Tours or to the other functionalities of the Website.

2.2. Confirming and cancelling bookings 

2.2.1 Confirming

The Booking Confirmation will be sent to the Customer by e-mail. If the Customer does not receive a Booking Confirmation e-mail within 24 hours of placing the booking, he / she should contact Customer Services via our Contact page.

It is expressly agreed that the data stored in the information systems of MotoGirl Tours shall constitute proof with respect to the bookings made by the Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.

2.2.2 Cancellation

Cancellations can be made by clicking the link in the Confirmation email or by contacting MotoGirl Tours via our Contact page.

All cancellations must be completed more than 48 hours prior to the tour time.

In the event of a partial cancellation of a booking by the Customer, the remainder of the reservation will remain in effect.

MotoGirl Tours does not charge a cancellation fee, however no cancellations are accepted within 48 hours of the tour time.

If the Customer does not present himself / herself at the departure of the trip, no refund will be provided and your credit card will be charged for the full reservation total.

MotoGirl Tours reserves the right to cancel a Customer´s booking if full payment for the booking is not received in a timely fashion.

2.2.3 Change of booking

If after making the booking the Customer wants to change the reservation with respect to the date of the tour, he / she may do so as long as the tour date to be booked is 48 hours ahead of the booking time.

2.2.4 Reimbursements

In the event of a refund to the Customer, the relevant amounts will be transferred back by the party that took the original payment. The transferred amount will go to the payment card used to make the original booking.

2.2.5. Meals

If meals are part of a tour, and one or more meals cannot be taken, no refunds will be made.

2.2.6. Method of payment

The Customer making the booking must use a valid card in her/his name for the completion of all reservations.

2.2.7. Liability

The liability of all tourist services in Cambodia is limited by national law and applicible legislation.

2.2.8. Prices and payment

All prices are shown in US Dollars and all reservations must be paid in US Dollars.

2.2.9. Refund and compensation for delays or cancellations

When the Customer experiences delays or cancellations to their tour, the Customer may be entitled to a refund or compensation.

Compensation is paid in accordance with these Terms and Conditions.

To claim a refund in the case of delay or cancellation, the Customer should contact MotoGirl Tours vial the Contact page. Any and all claims for a refund must be made within 7 days of the actual tour date.

2.3.0 Changes by MotoGirl Tours before travel

As the arrangements which make up your reservation may be planned many months in advance, from time to time MotoGirl Tours may need to make a change to your tour. MotoGirl Tours reserves the right to do so at any time. Most changes are minor changes, however, occasionally MotoGirl Tours will have to notify Customers of a significant change.

In the unlikely event that MotoGirl Tours has to make a significant change to your reservation, we will tell you as soon as reasonably possible. You will then have the option to:

(a) Accept the proposed change.  If this results in a tour of lower quality or cost, you may be entitled to a price reduction; or

(b) Reject the proposed change and terminate your reservation with a full refund

MotoGirl Tours will give you a reasonable period of time to make your decision, which will usually be 72 hours (given sufficient time) from notification of the change.  If you do not confirm within this timeframe, we shall be entitled to terminate your reservation and provide you with a refund.

2.3.1 Cancellations by MotoGirl Tours before travel

On rare occasions, MotoGirl Tours may have to cancel your reservation and it reserves the right to do so. If it has to do so, it will notify you as soon as possible.

2.3.2 Place of Departure

If MotoGirl Tours is unable to ensure your return to your place of departure (your hotel in Phnom Penh) because of unavoidable and extraordinary circumstances, it shall bear the cost of necessary transportation back to your hotel. Transportation to a closer location may also be possible but is not guaranteed.

2.3.3 Unforeseen and Extraordinary Circumstances

In these General Terms and Conditions, where we refer to unavoidable and extraordinary circumstances, it means a situation beyond our control. Specifically a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the reservation. MotoGirl Tours shall rely on the advice of the local officials as to whether a situation would or would not fall within the category of unavoidable and extraordinary circumstances.

Please note, if there are unavoidable and extraordinary circumstances, as described above, your rights under this contract for any compensation will be limited.

2.3.3 Indemnification

The Customer agrees that travel to / from and participation in a tour provided by MotoGirl Tours involves risks of personal injury, property damage and other risks associated with travelling. The Customer agrees to assume all such risks in connection with his / her reservation. The Customer agrees, for himeself / herself and any / all accompanying persons, all personal representatives, assigns, heirs, and next of kin to RELEASE, WAIVE and DISCHARGE MotoGirl Tours, its agents and employees from any and all liability, loss, damage, claims, attorney fees, on account of injury to himeself / herself or his / her property, whether caused by the negligence of MotoGirl Tours or otherwise, which may be experienced or sustained directly or indirectly from the tour / tours; and INDEMNIFY AND HOLD HARMLESS MotoGirl Tours, its agents and employees from any and all claims and costs arising directly or indirectly out of any activities, acts and / or omissions while participating in a tour.

I HAVE CAREFULLY READ AND UNDERSTAND COMPLETELY THE ABOVE PROVISIONS AND VOLUNTARILY AGREE TO THIS INDEMNITY AGREEMENT.

2.3.4 Accessibility and reduced mobility

Not all tours are suitable for customers with reduced mobility. We recommend you contact us via our Contact page to discuss whether a tour would be suitable for your particular needs so we can provide support before you complete your booking.

Article 4. General

4.1 Prices

The price of the tours will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite MotoGirl Tours best efforts, some of the Services listed on the Website may be incorrectly priced. MotoGirl Tours EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. MotoGirl Tours is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.

4.4. Photographs and illustrations

MotoGirl Tours does its utmost to provide photographs and illustrations that give the Customer a depiction of the tours offered. The purpose of these photographs and illustrations must not be considered to be making any representation that exceeds this purpose.

4.5. Insurance

The prices on the Website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of travel. It is the Customer's responsibility to ensure any insurance policy taken out is adequate to cover their requirements.

Article 5. Disclaimer

Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that MotoGirl Tours will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer's use of links from the Website.

Article 6. Applicable law

These General Terms and Conditions are governed by the laws of the Kingdom of Cambodia (Khmer: ព្រះរាជាណាចក្រកម្ពុជា). The Customer agrees that the Cambodian Courts shall have jurisdiction to hear and determine any dispute (including non-contractual disputes or claims) arising from the interpretation of these terms.

Article 7. Final Provisions

If MotoGirl Tours does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.

If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.

Article 8. Additional Provisions

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