General Terms and Conditions (GTC)
1. Reservation and withdrawal
Reservations are only binding after written confirmation by the lessor and as soon as the lessee has paid the agreed deposit on the rental price or the full rental price.
If the lessee withdraws from the contract before the agreed start of the rental period, the following parts of the agreed rental price are to be paid according to the rental contract.
- up to 51 days before the start of the rental period, 20%,
- up to 15 days before the start of the rental period 70%,
- less than 14 days before the start of the rental 80%,
- less than 7 days before the start of the rental 90% and
- 100% of the agreed rental price on the day the rental begins.
The compensation is to be set lower or omitted if the renter proves a lower damage or the absence of damage. The compensation is to be set higher if the lessor proves a higher damage.
The lessee is entitled to name a replacement lessee. If this fulfills the rental agreement, the proportionate payment is waived.
In general, the lessor does not agree to the automatic conversion into a tenancy for an indefinite period of time if the rental objects are used continuously. Irrespective of this, a usage fee for use beyond the agreed rental period must be paid, which is based on the respective daily rent of the rental object. If the vehicle is returned early before the agreed return date, the full rental price must be paid if the lessor cannot rent out the motorbike to someone else.
By taking out travel cancellation insurance, the renter can protect himself against those costs according to the general conditions of this insurance. However, such an insurance contract is not part of the contract and is only intended as an indication.
2. Rental Rates
The prices of the currently valid rental conditions apply. The rental conditions can be viewed on the MototGS Rental homepage.
3. Payment method
When the contract is concluded (online or in the business premises), a deposit of at least 20% of the rental price must be paid. In the event of non-compliance, the lessor is no longer bound to the reservation that has been promised. The remaining rental price is to be paid no later than 4 weeks before the start of the rental period.
The deposit must be paid at the latest when the vehicle is picked up at the start of the rental period.
4. Takeover and return
The motorcycle is to be taken over at the rental company's business premises on the agreed date (day and time). Unless otherwise agreed, the motorcycle is available for collection on weekdays between 8:00 am and 6:00 pm and must be returned no later than the collection time on the last day of the rental.
In principle, we reserve the right to provide a model in the same or higher price range that is comparable in its essential features instead of the booked model.
If the vehicle is not picked up at the contractually agreed time, with a waiting time of 2 hours, the rental period will be reduced. The rental period then begins at the time of collection or handover and ends at the agreed end of the rental period (day and time).
When the rented items are handed over, a condition report is created in which all existing damage is noted. The lessee is obliged to immediately notify the lessor of any new damage to the rental property during the rental period.
If the lessor suffers damage due to the vehicle being returned late (e.g., due to claims for damages by the subsequent lessee, etc.), the lessor reserves the right to assert these claims for damages against the lessee.
If the motorcycle is returned in an undamaged condition, apart from the damage indicated in the condition report, the deposit will be returned in full. The vehicle is handed over in a clean condition and with a full tank of fuel. It must be returned with a full tank and roughly cleaned. Unless other contractual agreements have been made.
If the vehicle is returned in an exceptionally dirty condition, the lessee must pay a cleaning fee of EUR 50 including statutory VAT. Both parties reserve the right to prove higher or lower expenses.
The place of return corresponds to the place of delivery. Unless otherwise contractually agreed. If the lessee does not return the motorcycle to the agreed place, the rental company will charge the lessee EUR 1 per kilometre of the distance between the agreed return location and the actual return location. In addition, the lessor will charge the lessee an expense allowance of EUR 20 per hour including statutory VAT for the return of the motorcycle to the agreed location.
If the contractually agreed return is delayed by more than 1 hour, the lessor will charge the lessee EUR 20 per hour including statutory VAT as additional work and loss of use.
If the motorcycle is not returned with a full tank of fuel as contractually agreed, the rental company will arrange for the tank to be refuelled at the renter's expense. For this, the lessor charges the lessee a flat-rate cost of EUR 2 per litre plus an expense allowance of EUR 30, each including the statutory VAT.
If the motorcycle is returned with additional kilometres contrary to the contractually agreed kilometres, the rental company will charge the lessee EUR 0.37 per kilometre including statutory VAT.
Upon request, a delivery and/or collection of the motorcycle is possible within a radius of 150 km. If desired, this option must be displayed at the latest when booking or making a reservation. The renter should provide us with a message in this regard in the "Your message to us" field. We charge EUR 25 including the statutory VAT for each hour started as workload for this service. This all-inclusive price includes all costs, such as e.g., time and labour for 2 people, fuel and a second and necessary vehicle included.
At the start of the rental period, a deposit equal to the agreed deductible of the fully comprehensive insurance must be paid as security for the return of the motorcycle in an undamaged and contractually cleaned condition. Unless otherwise contractually agreed, the deposit is EUR 2,000. The deposit must be paid to the lessor free of charge at the latest when the vehicle is handed over (by EC card, Visa, MasterCard, or in cash).
The renter must ensure that he has sufficient credit available on his card (EC, Visa, MasterCard) at the time of booking.
If the vehicle is returned in an undamaged condition, apart from the damage listed in the condition report, the deposit will be returned in full.
6. Authorized riders
The age of the rider must be at least 23 years and the rider must have had a motorcycle license for at least three years. The driver's license must contain class 1 or A and must comply with the legal regulations that apply to riding the rented motorcycle.
The motorcycle may only be driven by the renter himself and the riders specified in the rental agreement.
The lessee is legally equal to the vehicle owner for the duration of the rental period.
7. Duty of care
The renter is obliged to treat the rented item with care and to strictly observe the operating instructions for the motorcycle.
He is also obliged to properly secure the motorcycle against theft.
8. Trips abroad
Travel abroad is possible within Europe. Trips to the following Western and Eastern European countries must be reported to the lessor upon rental and prior to collection and require the prior written consent of the lessor: Albania, Bulgaria, Bosnia and Herzegovina, Belarus, Estonia, France, Greece, Italy with Sicily, Kosovo, Latvia, Lithuania, Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary and Ukraine.
After the lessor has given his consent, trips abroad (outside Croatia or Germany) will be charged with EUR 7 per day including VAT.
Journeys to non-European countries, war, crisis, and disaster areas are strictly prohibited.
The renter is obliged to observe the existing traffic regulations in the respective countries. Before starting the trip, he has e.g., to inform himself about tolls and entry requirements with a rental motorcycle and to secure their billing.
9. Maintenance and Repair
The renter bears the costs of the ongoing maintenance of the rental vehicle, e. g. operating materials like petrol and oil, etc.
The lessor bears the costs for the prescribed maintenance services and necessary wear and tear repairs.
Repairs that are necessary to ensure the operational or road safety of the vehicle may be commissioned by the lessee up to a price of EUR 150 without further ado, larger repairs only with the consent of the lessor.
The lessor bears the repair costs upon presentation of the relevant receipts, provided the lessee is not liable for the damage (see section 10).
In the event of a defect in the motorcycle, the manufacturer's service number must be called, and the instructions of the service centre must be followed.
If the tenant does not follow these instructions, he will bear the costs incurred himself.
10. Lessee's Liability
The lessee is liable for the timely return of the vehicle in the contractual condition. In the event of accidental damage or theft, the renter is only liable for the agreed deductible. This amounts to EUR 2,000 / claim. The lessee can reduce the deductible by taking out insurance.
For journeys to the following countries, despite the written consent of the lessor, the deductible increases to EUR 3000: Albania, Bulgaria, Bosnia and Herzegovina, Belarus, Estonia, France, Greece, Italy with Sicily, Kosovo, Latvia, Lithuania, Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary and Ukraine.
However, the lessee is liable without limitation for all damages if and to the extent that the insurer does not pay, in particular, because the lessee (or the driver) caused the damage through intent or gross negligence, or the damage was caused by alcohol or drug-related inability to drive.
If the lessee has fled the scene of an accident or violated his/her obligations according to clause 7 of these conditions, then he/she is also fully liable, unless the violation had no influence on the settlement of the claim.
The lessee is also fully liable for all damage caused by use by an unauthorized rider or for prohibited purposes or by improper handling of the motorcycle.
Liability claims outside of Germany are billed as fully comprehensive claims unless the claims settlement is bindingly secured.
The lessee is prohibited from using the vehicle to take part in motorsport events and vehicle tests or to transport explosive, highly flammable, toxic, radioactive, or other dangerous substances. Also, to commit customs and other criminal offenses, even if this is only according to the law of the crime scene penalties, for subletting or lending, or for other commercial purposes - except for those that have been expressly agreed.
Flat-rate processing fees for handling fines or tolls. The lessee will expressly permitted to prove that no damage occurred at all or that it was significantly lower than the flat rate. It should be noted that such processing fees are payable in addition to the fine or toll and lessee shall be fully liable for the payment of any such fine or toll. The processing fee for additional work, for example for correspondence, is EUR 30.
The execution of the motorcycle rental agreement requires that MotoGS WorldTours/MotoGS Rental be able to collect all legally and/or contractually owed costs in connection with the rental through the renter's means of payment. Lessee gives express permission if lessee hands over his means of payment before picking up or handing over the vehicle.
In particular, the lessor is entitled to payment of the contractually owed processing costs in connection with administrative offense and fine proceedings, as well as warnings and all costs incurred in connection with the fulfillment of the rental agreement. All charges paid or to be paid by MotoGS WorldTours/MotoGS Rental in connection with the rental agreement will be charged to the lessee's credit card.
The lessee is only liable for traffic violations actually culpably committed by him.
11. Lessor's Liability
The lessor is liable to the lessee for damages in the event of default in performance or in the event of the impossibility of performance for which he is responsible, limited to three times the agreed daily net rent.
The Lessor is entitled to provide a replacement motorcycle of equal value to the reserved motorcycle at the Lessor's headquarters within 3 days if the vehicle is not available for reasons for which the Lessor is not responsible or during the rental period for reasons that the tenant is not responsible.
The lessor is not liable for indirect damage (e.g., lost vacation time). The lender does not owe any travel services and in particular no travel services as an entire. The statutory provisions on the package travel contract, in particular Section 651 of the German Civil Code, do not apply directly or indirectly to the contractual relationship.
The lessor is not obliged to store items that the lessee leaves behind in the vehicle when the vehicle is returned.
12. Behaviour in the event of accidents
The lessee must notify the police immediately after an accident, fire, theft, wildlife, or other damage. This also applies to self-inflicted accidents without the involvement of third parties. If the renter fails to have the damage recorded by the police, he is fully liable. Opposing claims may not be recognized as a matter of principle.
The lessee must immediately provide the lessor with a detailed written report, including a sketch, even in the case of minor damage. In particular, the accident report must contain the names and addresses of the persons involved and any witnesses, as well as the registration number and insurance data of the vehicles involved.
If the probable amount of damage exceeds the insurance deductible or if the vehicle is no longer roadworthy, the lessor must be informed by telephone.
13. Limitation period, the statute of limitations
The lessee must notify the lessor in writing of any claims due to the rental agreement within one month after the contractually agreed return of the vehicle.
After the deadline, claims can only be asserted if there is no fault for non-compliance with the deadline.
14. Storage of personal data
The lender is entitled to process the data received about the lessee in relation to the business relationship or in connection with it, regardless of whether it originates from himself or from third parties, within the meaning of the Federal Data Protection Act.
This applies in particular in connection with the clarification of any incorrect information provided by the tenant, the delay in returning the vehicle by more than 24 hours, or the clarification of traffic violations or administrative offenses.
15. GPS tracking of the rental item
The renter motorcycle can be equipped with a GPS tracking system. The renter agrees to this procedure.
The place of jurisdiction for all disputes arising out of or about the rental agreement is the place of business of the lessor, provided that the lessee does not have a general place of jurisdiction in Germany or the contracting party to be held responsible moves their domicile or habitual place of residence outside the scope of the Civil Procedure Code after the conclusion of the contract or the place of residence is not known at the time the action is filed, the tenant is a merchant or an equivalent person in accordance with § 38 Para. 1 ZPO
These general terms and conditions are subject in all respects to the domestic law (with the exception of the provisions on the choice of law) of the Federal Republic of Germany. Any action between the parties to this Agreement may be brought only in the courts of Merseburg in Sachsen-Anhalt-Germany and in no other jurisdiction.
The prevailing party shall be entitled to recover from the unsuccessful party its reasonable fees and costs.
This regulation also applies to bills of exchange and check procedures.
17. Final Provision
All agreements must be in writing. Should individually provisions of these rental conditions be or become invalid, this has no influence on the legal effect of the remaining points.
The invalid provisions must be reinterpreted in such a way that their purpose can be effectively fulfilled.
Mandatory statutory provisions remain unaffected.
Processing status January 1, 2024
1. Conditions of purchase and subject matter of the contract
The contract is concluded with MotoGS WorldTours - Tour Operator, based in Merseburg, Germany, and is only concluded when the voucher (face value) has been paid in full.
The purchase contract is only concluded when, on the one hand, the buyer accepts the general terms and conditions made available during the ordering process and submits the order online and, on the other hand, MotoGS WorldTours delivered the voucher.
The voucher will be delivered immediately after full payment has been received.
Advance payment is agreed as the payment method.
A purchased gift voucher is a purely digital product, no physical product will be sent.
The customer has the option to choose between the voucher amounts (face values) of EUR 50, EUR 100, EUR 250, EUR 500, EUR 1000, and EUR 1500.
The voucher, which is then paid in full, will be delivered by email to the email address provided by the purchaser or customer and can be printed out immediately as a “pdf” document.
The voucher(s) each have a unique barcode that is required to redeem the voucher.
The customer is responsible for storing and handling the original voucher template.
We are not liable for any misuse of the voucher template. If vouchers are lost, stolen, or improperly validated, the amount cannot be refunded.
Creating a copy of the voucher is not possible.
3. Products and Redemption
The voucher(s) can be redeemed on the online portals MotoGS WorldTours or MotoGS Rental and can be used for guided motorcycle tours offered there or for motorcycle rental and all rental accessories listed in the portals.
If an order or reservation is made at the company headquarters or in the rental store, the voucher can of course also be redeemed in person on site.
MotoGS WorldTours or MotoGS Rental will redeem all gift vouchers without checking whether the submitter is authorized to do so. However, MotoGS WorldTours and MotoGS Rental reserves the right to refuse to redeem a gift voucher if there is suspicion of deception, fraud, or other illegal activity in connection with the redemption of the gift voucher.
When checking out online, you must specify gift voucher as your payment method.
If the amount of the gift voucher is not sufficient to pay in full for the item booked online, the difference must be paid using another payment methods at check-out, such as credit card, PayPal, or instant bank transfer.
If the online booking is less than the value of the voucher, the customer will receive a new voucher in the amount of the difference to the first voucher. However, this process is only possible once. This means that it is no longer possible to issue another voucher for a remaining amount.
The value of unredeemed gift vouchers will not be refunded.
The purchased or ordered vouchers cannot be exchanged for cash.
Change cannot be issued in connection with the redemption either.
Additionally, the face value of gift vouchers cannot be changed after purchase.
It is not possible to subsequently redeem the voucher for an order that has already been placed.
The voucher is redeemed against goods. It is not possible to rebook to another voucher.
No interest will be credited to the voucher value.
An invoice, including the statutory VAT, can only be issued when the voucher is actually redeemed (Sales tax law).
In the event of an item or the entire order being returned when paying exclusively by voucher, the amount will be refunded via voucher. After the purchased or rented item has been successfully returned, the customer will receive a new digital voucher for the corresponding amount to the email address they provided. The issue date and therefore the validity date of the original voucher applies to this new voucher.
If the order was paid with a voucher and another means of payment, the refund will be made in the amount of the voucher credit used as a digital voucher and in the corresponding amount to the respective other means of payment.
Any cancellation fees when withdrawing from booked motorcycle tours or booked motorcycle rentals remain unaffected. Any cancellation fees will therefore be charged as if the costs for the booked item(s) were paid via credit card, PayPal, or bank transfer.
The validity of the vouchers is 3 years from the date of issue. An extension of the validity is only possible after a written request to firstname.lastname@example.org or email@example.com and must be requested at least 3 months before the expiry date.
4. Minimum age
Only people aged 18 and over are permitted to shop on our online portals.
5. Right of withdrawal and cancellation policy
Vouchers can be returned within 14 days.
The written declaration of cancellation must be received by us within 14 days of the date of issue. After these 14 days have expired, the right of withdrawal can no longer be exercised or if the voucher for a service has already been used in full or in part within this period.
6. Performance Changes
Deviations in images or descriptions of the items and services offered are possible. Errors and changes to the articles remain reserved.
7. Security Guarantee & Data Protection
Safety is the highest priority! Therefore, when paying with credit cards, all personal data such as credit card number, name and address are transmitted via a protected SSL line.
This makes sensitive data in internet traffic unreadable.
Our data protection information applies, which can be viewed on our website.
By providing personal data (in particular email address), the buyer expressly agrees to the determination, storage and processing of the data provided in the form for marketing and advertising purposes.
The buyer also expressly agrees to the storage of his data.
8. Changes to the General Terms and Conditions
MotoGS WorldTours reserves the right to change these Terms and Conditions at any time. However, the conditions valid at the time of purchasing the respective voucher apply to the contractual relationship.
Furthermore, the conditions for vouchers are subject to the law of the Federal Republic of Germany.
9. Place of jurisdiction
For all disputes arising from or about the purchase of the voucher, the place of jurisdiction is agreed to be the registered office of MotoGS WorldTours, provided that the buyer does not have a general place of jurisdiction in Germany or the contractual party to which the claim is made moves its domicile or usual place of residence outside the scope of the Code of Civil Procedure after conclusion of the contract or the place of residence is not known at the time the action is filed, the buyer is a merchant or an equivalent person in Section 38 Paragraph 1 CCP.
These General Terms and Conditions are subject in all respects to the domestic law (with exception of the choice of law provisions) of the Federal Republic of Germany. Any action between the parties to this Agreement shall be brought only in the Merseburg Court of Saxony-Anhalt-Germany and not in any other jurisdiction, and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs.
This regulation also applies to bills of exchange and check procedures.
10. Final provision
All agreements must be in writing. If individual provisions of these purchasing conditions are or become invalid, this will have no influence on the legal effect of the remaining points.
The ineffective provisions must be reinterpreted so that their purpose can be effectively fulfilled.
Mandatory legal regulations remain unaffected.
Processing status January 1, 2024
This website collects some personal information from its users.
Owner of MotoGS Rental and MotoGS WorldTours and Data controller:
MotoGS Rental j.d.o.o. - Croatia
Office motorbike rental:
Cesta Dr. Franje Tuđmana 260, 21212, Kaštel Sućurac, Croatia
MotoGS WorldTours - Germany
Headquarter and office for motorcycle tour organization:
Seffnerstraße, 06217 Merseburg, Germany
VAT number DE358041050
E-mail: Rental@MotoGSRental.com or Info@MotoGSWorldTours.com
Cell phone or WhatsApp: +385 (99) 6750140 or +49 (151) 44288997
Collection and use of your personal information. The MotoGS WorldTours/MotoGS Rental respect your privacy and processes your personal data fairly and lawfully.
Processing of personal data we store the collected personal information in electronic form, and for protection purposes, we apply the appropriate technical, organizational, and personal protection measures and procedures to prevent personal data that are not available to others access to the portal users and to ensure that they are used in accordance with the purpose of processing.
What information we collect:
- First and last name, age, and gender (contact forms only)-to contact users of the services
- E-mail address (only in contact forms)-to contact users of the services
- IP address (browser cookies) – serves to process attendance statistics
- Geolocation (browser cookies) – serves to process attendance statistics
- Browser type (browsers) – serves to process attendance statistics
- Device type (browser cookies) – is used to process attendance statistics
All payments will be affected in Euro currency. The amount your credit card account will be charged for is obtained through the conversion of the price in your currency into Euro according to the current exchange rate of the European National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated in our website.
Statement on the use of WSPay
MotoGS WorldTours/MotoGS Rental (point of sale) uses WSPay for online payment.
WSPay is a secure system for online payment, real-time payment, and credit and debit cards by other payment methods. WSPay customers and merchants ensure secure registration and transfer of entered data on cards, which is confirmed by the PCI DSS certificate that WSPay has. WSPay uses SSL certification for 256-bit encryption and the TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transferring data.
Messages in electronic form
When you send us electronic mail (e-mail) with your personal information that can be identified by you, whether it is an email with a question or a comment or you do so through a form located on the association’s website, which by e-mail, we use this information only for the purpose of fulfilling your requirements. We may forward your electronic message or form to other employees of the association or suppliers to answer your question, or to satisfy your request.
Personal data shall be processed and stored for as long as required by the purpose they have been collected for.
Personal data collected for purposes related to the performance of a contract between the owner and the user shall be retained until such contract has been fully performed.
Personal data collected for the purposes of the owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the owner within the relevant sections of this document or by contacting the owner.
The Owner may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the owner may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
We take care that your information is safe. We have provided physical and electronic procedures for the protection and provision of the information we collect, for preventing unauthorized access or disclosure of your data.
MotoGS WorldTours/MotoGS Rental will not distribute your personal data to third parties unless we have your permission or are obliged by law to do so.
Analytics and Cookies
Limitation of liability
If you are concerned about your information, you have the right to request access to the personal information we possess or process about you. You have the right to ask us to correct the defects. At any time, you may ask us to stop using your information for direct marketing use.
Withdraw consent-deleting personal information
You may withdraw your consent to use in total or in part or request the deletion of your personal information at any time. This does not include any data that we are obligated to hold for administrative, legal, or security purposes. Your data will be deleted upon receipt of the request for withdrawal by e-mail.
National legislation – All documents can be viewed on the web pages of the national newspaper:
Constitution of the Republic of Croatia, article 37 (“Official Gazette” 85/10 – Consolidated text)
Law on Personal Data Protection (“Official Gazette” 106/12 – Consolidated text)
Law on Protection of Personal Data (“Official Gazette” 103/03)
Law on amendments to the Law on Protection of Personal Data (“Official Gazette” 118/06)
Law on modifications and amendments to the Law on Protection of Personal Data (“Official Gazette” 41/08)
Law on modifications and amendments to the Law on Protection of Personal Data (“Official Gazette” 130/11)
Regulation on how to conduct and from records of personal data collections (“Official Gazette” 105/04)
Regulation on the manner of storing and special measures of technical protection of special categories of personal data (“Official Gazette” 139/04)
Processing status January 1, 2024