General Terms and Conditions (GTC)

As of 1. October 2025

The following General Terms and Conditions of the Organizer, hereinafter referred to as “RC” or “Organizer”, shall apply. Applicants or participants hereafter referred to as „participants“.

1. Scope

The following General Terms and Conditions apply to all contractual relationships and legal transactions between RC and its contractual partners and event participants in the version valid at the time of contract conclusion, insofar as they relate to the Organizer’s service offering. Deviating or conflicting terms and conditions shall not be recognized. Event participants are persons who conclude a contract or preliminary contract for event services with RC as the Organizer, as well as any person on whose behalf such a contract is concluded and any person to whom one of these persons assigns their claims.

2. Scope of Services

2.1. The scope of the contractual services for participation in RC events is described on the homepage (www.roadcaptain.one) and in the booking confirmation. All services that are not expressly listed in the booking confirmation are not included in the travel price.

2.2. The contractual core service consists of route guidance and the organization of suitable hotels by the Organizer. The service explicitly does not include the transport of participants or the transportation or return transportation of participants and/or their vehicles.

2.3. Depending on the respective offer, mediation of rental motorcycles or motorcycle transports by forwarding agents may be included, provided that this has been expressly agreed. In connection with the rental of motorcycles, other equipment, or motorcycle transports by a forwarding agent, the Organizer acts solely as an intermediary. Liability as an intermediary is excluded, except in cases of bodily injury, intent, or gross negligence, if the main obligations under the mediation contract are affected, if a reasonable opportunity to conclude an insurance exists, or if an agreed quality is lacking. As an intermediary, the Organizer is in principle only liable for the mediation and not for the mediated services themselves.

2.4. The selection of accommodations and restaurants is primarily based on practicality, the availability for the respective travel route, and country-specific standards. No particular star rating is guaranteed.

2.5.  At the time of booking, the availability of double rooms for solo travelers for shared use with another participating travel partner cannot be guaranteed. Whether a shared use of a double room can be arranged depends on the availability and willingness of solo travelers. Therefore, for bookings by solo travelers, the single room surcharge stated in the booking form must initially be applied. The Organizer will endeavor to check the options for shared use and actively offer them to the participants. If a room partner is found before or at the time of travel, the paid surcharge for the single room will be refunded, provided that the service provider (hotel) allows free cancellation of the previously booked single room. Any cancellation or rebooking costs incurred will be offset against the refund.

3. Participant Declarations / Disclaimer of Liability
3.1. By registering for and participating in the event, the participant confirms that they have understood the scope, content, and requirements of the described motorcycle riding event as well as the range of services offered by RoadCaptain (RC), and that they agree to the following declarations:

3.2. Participation in the event is voluntary, at the participant’s own responsibility, and with full awareness of the risks associated with motorcycling.

The participant is aware that any kind of motorcycle riding event, particularly when traveling on poorly maintained roads or in mountainous regions, involves an increased risk of accidents.

3.3. The participant declares that they are physically and mentally fit for the described motorcycle event, hold a valid driver’s license for the relevant vehicle category, and possess sufficient riding experience for the event.

3.4. The participant commits to complying with traffic regulations and the behavioral guidelines communicated by the tour guide. They will adjust their riding style to their own ability and the actual conditions. They ride at all times at their own risk, regardless of the riding style of tour guides or other event and road users.

3.5. The rules of the German Road Traffic Act (StVO) and Vehicle Registration Ordinance (StVZO), as well as the respective national traffic regulations, apply. The participant (rider, vehicle owner) guarantees that the vehicle used during the motorcycle event is legally registered for public road use, has sufficient insurance coverage, and meets the relevant technical requirements of the destination countries.
The participant is responsible for ensuring the vehicle is in a roadworthy condition, that tire tread depth is sufficient until the end of the event, and that no routine maintenance work is due during the journey.

3.6. Rider and pillion passenger confirm that they will only participate wearing proper motorcycle safety gear (helmet, protective clothing, gloves, and boots).

3.7. The participant accepts full responsibility for compliance with the participation conditions and contractual obligations.
It is explicitly not the duty of the organizer / tour guide to verify the assurances given by the participant (rider/pillion/vehicle owner) prior to the start of the journey or ride. RC / RC tour guides and their representatives or assistants do not assume any control function with respect to compliance with traffic regulations or other national legal provisions regarding registration, licensing, or insurance.
RC also assumes no responsibility for checking the roadworthiness of vehicles, the fitness to ride of participants, or the wearing of appropriate protective gear.

3.8. The participant indemnifies RC from any liability for their own riding-related errors or inappropriate behavior, unless the organizer / tour guide is demonstrably jointly responsible due to gross negligence, and the applicable legal liability regulations are not violated.

3.9. The participant (rider/pillion/vehicle owner) bears sole responsibility for any accidents, damages, or other incidents caused during the event (e.g. administrative offenses, criminal acts) and their resulting civil or criminal consequences.

3.10. The participant indemnifies RC / RC tour guide / assistants / representatives from all third-party claims arising from the participant’s own conduct, e.g. from traffic violations or any other actions they are responsible for.
This particularly applies to damages related to the injury of third parties (bodily harm or death), loss or damage of vehicles or property, whether belonging to the participant or to others.

3.11. Every participant (rider, pillion, vehicle owner/holder) acknowledges that RC, its tour guides, or representatives cannot be held liable for misconduct or wrongdoing by other participants or third parties.

3.12. RC / RC tour guides assume no liability for damages caused by traffic disruptions, road conditions, or adverse weather.

3.13. Any potential liability of RC for damages is limited to a maximum of three times the participation fee, unless the damage was caused by RC with intent or gross negligence, or if RC is solely liable for a fault caused by a service provider.

3.14. Liability exclusions that are based on RC's negligent breach of duty do not apply in cases of injury to life, body, or health.

3.15. The above exclusions of liability apply to all claims regardless of legal basis, including both contractual and non-contractual liability and claims based on tort law.

4. Termination / Separation from the Group
4.1. Participants who voluntarily or involuntarily terminate or interrupt the event do so at their own risk and responsibility. Return travel is at the participant’s own expense.
There is no entitlement to a refund of services already paid for, unless RC is responsible for the reason for the termination.

4.2. In principle, all obligations and liabilities of the organizer end once the participant leaves the group or the tour guide.
This applies for the entire period during which the participant is separated from the tour guide.
This particularly includes independent travel and activities during unguided days (rest days) or mutually agreed separation from the tour guide on specific route sections.

5. Booking Requests/Conclusion of Contract

5.1. With a booking request the participant makes a binding offer to conclude a contract and expressly acknowledges the GTC, the liability disclaimer, and the participation conditions.

5.2. Once the minimum number of participants has been reached, participants will be given the opportunity to make a binding booking. The contract becomes effective for both parties upon receipt of a booking confirmation from RC. The documents relevant to the RC event will be sent to the participant regularly after payment has been received.

5.3. Each participant must register individually using his or her surname, first name, postal address, and a valid email address. Registrations from groups or multiple persons (e.g., an accompanying person) using a single email address are not valid.

6. Payment

6.1.  Upon receipt of the booking request confirmation from RC, a deposit amounting to 15% of the total travel price is due within 5 working days. This deposit is fully refundable until 60 calendar days prior to the start of travel. 

The full remaining payment of the travel price is due upon confirmation of booking and invoicing by RC.

6.2. The full remaining payment of the travel price must be made by 59 calendar days prior to the start of travel. The deadline for payment is determined by the date/payment target stated on the invoice sent after the booking confirmation. For last-minute offers, special payment conditions apply as set out in the respective offer description.

6.3. For payment transactions, only bank transfer is accepted. Alternative payment methods such as credit card, PayPal, etc., are not possible.

6.4. Participation in the event is only possible with full payment of the travel price and with the participant’s acknowledgment of the GTC, participation conditions, and liability disclaimer. Without full payment of the travel price, the participant has no claim to RC’s services.

6.5. RC is entitled to ultimately refuse the service and to claim damages for non-performance of the travel contract from the travel participant if he or she is in default of payment of the travel price, and if RC has previously given written notice - with a reasonable grace period in accordance with the statutory provisions (§ 326 BGB) - of such refusal. Cancellation compensation, processing fees, rebooking fees, and insurance premiums are due immediately.

7. Minimum Number of Participants

7.1. RC reserves the right to cancel an event within the statutory deadlines if a valid contract has not been concluded with at least the required number of participants by that time. The respective required minimum number of participants is stated in the description of the individual events.

8. Changes to the Described Event Procedures or Date

8.1. If the content of the booking confirmation deviates from the service described at the time of registration, a new offer from the Organizer is deemed to exist, to which both the Organizer and the participant are bound for a period of 10 working days. The contract is concluded on the basis of this new offer if the participant does not object within the binding period. Objections should be addressed to: widerspruch@roadcaptain.one.

8.2. Changes or deviations of individual services from the agreed content of the contract that become necessary after contract conclusion (e.g., during the event) from RC’s perspective - and which are not caused in bad faith - are permissible, provided that the changes or deviations are not substantial, do not impair the overall structure of the booked event, and are reasonable for the participant. Any warranty claims remain unaffected insofar as the changed services are defective. RC is obliged to immediately inform the participant of any changes or deviations in the service.

9. Cancellation/Force Majeure

9.1. The event may be cancelled by the Organizer for good cause. This includes unforeseeable, unavoidable events (e.g., force majeure, war, terrorism, fire, flooding, strikes, epidemics, pandemics, closed transport routes, regulatory requirements, or weather conditions that could endanger the safe conduct of the event).

9.2. This also applies if the Organizer/Tourguide is unable to perform due to illness or injury and no suitable replacement tour guide can be provided.

9.3. Should the date of the event need to be changed due to the aforementioned events, all participants will be informed immediately. If no mutually agreed substitute date can be found for the planned event, the total amounts paid will be fully refunded.

9.4. For cancellations due to force majeure, the statutory provisions shall apply.

10. Withdrawal / Transfer of Contract by the Participant
10.1. A withdrawal (cancellation) or transfer of contract must be submitted on time either by telephone or via email to the following address: widerspruch@roadcaptain.one

10.2. Each participant may cancel their registration free of charge up to 60 calendar days before the start of the event (standard case). After that, cancellation fees will apply.

10.3. The participant has the right to nominate a third party to take their place in the event up to 7 days before the official start of the event.
RC may object to the participation of a third party if they do not meet the specific requirements of the event or if they do not explicitly accept the General Terms and Conditions, liability disclaimers, and participation requirements.

10.4. A transfer of contract becomes valid only if the full travel price has been paid and a valid contract with the newly nominated participant has been concluded at least 7 calendar days before the start of the event.
If a third party enters into the contract, the original participant and the third party are jointly and severally liable for the travel price as well as for any additional costs incurred (e.g., rebooking fees from service providers). Upon request, both parties will be informed of any additional costs in advance. RC charges a processing fee of €50.

10.5. If the participant withdraws from the travel contract before the start of the trip, RC has the right — until the cancellation invoice is issued — to choose between an individually calculated, reasonable compensation (§ 651 h para. 2 BGB) and the flat-rate compensation listed below.
RC may only change this choice with the participant’s consent.
If the actual cancellation-related costs exceed the flat-rate compensation (e.g., claims from subcontractors or other service providers), RC is entitled to charge the participant the full amount of these costs upon providing appropriate documentation.

The amount of compensation resulting from the claims of subcontractors or service providers (e.g. tour guides, hotels, transport companies, or motorcycle rental providers) depends on the respective cancellation policies of those providers. RC has no influence over these policies.

If RC chooses the flat-rate compensation, the following applies:

a) For events without motorcycle rental or transport, or for ‘last-minute’ offers:

    Up to the 29th day before the start of the trip: 30%

    Up to the 13th day before the start of the trip: 80%

    From the 7th day before the start of the trip or in case of no-show: 100%

b) For events with motorcycle rental or transport:

    Up to the 59th day before the start of the trip: 80%

    Up to the 29th day before the start of the trip: 90%

    From the 7th day before the start of the trip or in case of no-show: 100%

10.6. The cancellation compensation owed to RC is calculated based on the final travel price of the participant.
The date of receipt of the withdrawal notice determines the applicable time period. All days mentioned are calendar days.
The total amount of the flat-rate compensation is determined after deducting the actual savings achieved.
Typical savings may include, for example, cost-free hotel cancellations.

10.7. The participant is free to prove that no compensation or significantly lower compensation than the flat-rate amount claimed is actually owed.
Upon request, RC is obligated to justify the amount of compensation, regardless of the billing method chosen.
In the event of unavoidable and extraordinary circumstances, the right to reasonable compensation under § 651 h para. 3 BGB (as amended) may be void.

10.8. Due to the inevitably high cancellation costs (e.g., hotel bookings, motorcycle rental or transport), it is strongly recommended that participants take out travel cancellation insurance.

10.9. Only the days defined by the organizer count as official event days. These are specified in the event description.
Individual arrival or departure days of the participant are expressly not considered part of the event.

11. Obligation to Cooperate / Notice of Defects

11.1. If the travel services are not provided in accordance with the contract, the participant may request a remedy. The Tourguide is commissioned to provide an immediate remedy, if possible. The Organizer/Tourguide may refuse such remedy if it would require disproportionate effort or is not possible for other compelling reasons.

11.2. The participant is obliged to notify the Organizer/Tourguide of any defects immediately (including verbally) upon their occurrence. If he or she fails to do so culpably, there is no claim for a reduction of the travel price.

11.3. Should an immediate remedy not occur or be unfeasible, the relevant defect must be reported in full and in writing to the Organizer within a reasonable period, but no later than the end of the event, at the following address: widerspruch@roadcaptain.one. A legally valid acknowledgment of any claims for damages by the Organizer can only be made after receipt of a written notice of defect.

11.4. The travel participant is obliged, in the event of service disruptions, to do everything reasonably possible to help remedy the disruption and to minimize any potential damages.

11.5. Claims for a reduction of the travel price and for damages must be asserted by the customer in accordance with § 651g I BGB within one month after the contractually specified end of the event. Claims pursuant to §§ 823 et seq. BGB are excluded from this. After the expiry of this period, the traveler may only assert claims if he or she was prevented, through no fault of his or her own, from meeting the deadline. Claims become time-barred after 2 years pursuant to § 651g II BGB, with the limitation period beginning on the day the event was supposed to end according to the contract.

12. Termination of the Travel Contract by the Organizer/Tourguide

12.1. The Organizer/Tourguide may terminate the travel contract for good cause at any time before the start of travel and even during the event, in accordance with the provisions of § 643 of the German Civil Code (BGB). The RC Tourguides are authorized to declare such termination. Termination may be effected either regularly or extraordinarily and is also valid in oral form during the event.

12.2. Good cause may in particular be deemed to exist if the travel participant does not meet the previously communicated special travel requirements or if the travel participant, through his or her behavior, significantly disrupts or endangers the travel process and this is not remedied even after a warning.

12.3. Should it become apparent during the tour that the participant’s abilities are insufficient, the Tourguide is entitled to exclude that participant from the tour. The portion of the travel price for services not yet used, less any cancellation fees and costs demanded by third parties, will be refunded. In this case, the affected travel participant may also undertake the travel as an individual driver outside of the group. In this event, the Organizer/Tourguide shall be released from any responsibility and liability.

12.4. In the event of a termination for the aforementioned reasons, RC generally retains the claim to the travel price but must take into account the value of the saved expenses as well as any benefits obtained from an alternative use of the unused services, including amounts remitted to RC by service providers.

13. Customer Fund Protection

13.1. All customer funds are secured by an insurance policy. This policy covers the scope required pursuant to 

§ 651r BGB. If travel services fail due to the insolvency or bankruptcy of the travel organizer, the insurance will cover the refund of the travel price as well as any necessary expenses for the return journey. With this insurance, participants are continuously protected from the time of payment onward.

14. Consent for Photo and Film Recordings

14.1. The participant hereby agrees that in connection with his or her participation in the event, photos and film recordings may be made and that these may be processed and distributed by RC for its own advertising purposes without any claim for remuneration. This explicitly includes use and distribution on social media networks.

14.2. The participant may revoke this consent to RC at any time. Such revocation will result in the immediate deletion of all relevant image files on RC data carriers and the RC website.

15. Data Protection

15.1. RC is committed to treating personal data confidentially and to acting in accordance with the legal requirements of the Federal Data Protection Act.  Personal data will be disclosed to third parties solely for the purpose of providing a travel offer, insofar as this is directly related to a requested service. By signing a travel registration, the registered persons agree that RC may store and use the data for internal purposes. The detailed RC Data Protection Policy is available at www.roadcaptain.one.

16. Participation Conditions / Compliance with Instructions

16.1. In order to ensure a smooth and safe conduct of the events, it is necessary that each participant complies with the instructions of RC and its Tourguides, the participation conditions, and the laws of the respective country.

16.2. Should a participant fail to comply with these provisions despite being instructed and admonished by an RC representative (e.g., Tourguide/assistant/representative), thereby violating safety regulations or disrupting, injuring, or harming other participants or the proper conduct of the event, RC or its representatives shall have the right to terminate the contract concluded with the participant, either regularly or extraordinarily, and to exclude him or her from further participation in the event without refunding the participation fee and any incurred costs. Such termination is also valid in oral form.

16.3. The additional costs and risks arising from the termination shall be borne exclusively by the participant. In this case, any claim to the contractually assured event service exists only with respect to accommodation and, if applicable, other services individually booked by the participant (e.g., ferries or rental vehicles).

16.4. Should RC or other participants incur damage due to the participant’s misconduct, RC reserves the right to assert claims for damages.

17. Roadside Assistance Coverage / Other Insurance
A roadside assistance policy is mandatory for the vehicle participating in the tour. This must include the return transport of the vehicle and of the participants (rider and passenger) in the event of damage or breakdown.
It is strongly recommended that participants take out travel cancellation insurance and international health insurance.
RC does not provide any special insurance coverage for the described motorcycle event.

18. Information on Dispute Resolution and Arbitration Procedures
18.1. RC is neither obligated nor willing to participate in a consumer dispute resolution procedure before an arbitration body.The competent authority is:

Universalschlichtungsstelle des Zentrums für Schlichtung e.V.,
Strassburger Strasse 8, 77694 Kehl am Rhein
https://www.verbraucher-schlichter.de

19. Statute of Limitations
19.1. Claims of the participant against RC expire two years after the contractually agreed end of the event, unless mandatory legal provisions stipulate a longer limitation period.

20. Place of Fulfilment / Jurisdiction
20.1. Insofar as the participant qualifies as a merchant under the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all rights and obligations arising from this contract is the registered office of the organizer (RC).
However, RC is also entitled to sue the contractual partner at their general place of jurisdiction.
For claims against the traveler, the traveler’s place of residence is decisive, provided they are not a fully qualified merchant.

21. Validity
21.1. These General Terms and Conditions, disclaimers, and participation requirements also apply to our presence and offers on social media platforms (e.g. Instagram).

22. General Provisions
22.1. No verbal side agreements to these General Terms and Conditions or to the written content of the contract have been made.
Any amendments or side agreements must be made in writing. This also applies to any waiver of the written form requirement.
By registering, the participant explicitly accepts the General Terms and Conditions, disclaimers, and participation requirements.
German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.