General Terms & Disclaimer

Definitions

You: the natural person who is not acting in the course of his or her profession or for the running of his or her business and has concluded a (Remote) Agreement or wishes to conclude an Agreement respectively with MotoTramps.

 

Limitations of liability

The Agreement contains a best efforts obligation for MotoTramps to perform the agreed upon services to the best of its ability. MotoTramps is never under an obligation to achieve a certain result. Given the obligation of MotoTramps to perform to the best of one’s ability, you cannot derive any rights from the Product and materials made available. Every liability of MotoTramps for an attributable shortcoming in the fulfillment of the Agreement is therefore excluded.

If an error occurs because you have given MotoTramps incorrect or incomplete information, MotoTramps cannot be held liable for the loss that arises from that error.

MotoTramps can only be held liable for direct loss incurred by you which might have arisen from the Agreement between MotoTramps and you and only insofar stipulated in these Terms.

The compensation for loss to be paid by MotoTramps due to attributable failure to fulfil an Agreement between MotoTramps and you on the grounds of which we deliver one or more Products to you, shall, if you demonstrate that you have incurred a loss because of an error of MotoTramps that could have been avoided if the matter had been handled with due care, MotoTramps’ liability will always be limited to the sum that is paid out pursuant to MotoTramps’ liability insurance in the pertinent case, to be increased with the sum of the excess that is not borne by the insurance company (companies) pursuant to the policy conditions.

If, for any reason, the insurance company does not pay out, every liability of MotoTramps shall be limited to 50% of the sums, sums invoiced and to be invoiced by MotoTramps to you pursuant to the Agreement (not including turnover tax) to no more than EUR 250,00. The sums and prices intended in this paragraph will be reduced by credit notes demanded by you and granted by MotoTramps.

With due observance of the provisions stipulated elsewhere in these Terms, MotoTramps cannot in any case be held liable for damage caused by improper use of the delivered Product(s) or use of the delivered Product(s) for a purpose other than for which it is suitable according to objective criteria.

MotoTramps is not responsible for any indirect, special, incidental, consequential (such as loss of content, loss of use, loss of time, etc.) or punitive damage, including but not limited to, damaged for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, caused by a Product defect.

Furthermore, MotoTramps cannot, in any case, be held liable for losses due to delay, for losses due to overdue delivery as a consequence of altered circumstances.

MotoTramps do not accept any liability for materials supplied by MotoTramps’ supplier(s) or partner(s).

Because MotoTramps’ services are provided online, MotoTramps cannot guarantee that its services will be available at any time, in any location, or that they will be secure, or that errors will be resolved, or that the services/Products will be free of viruses or other potentially harmful software or components. MotoTramps cannot therefore be held liable for this.

MotoTramps shall not be held liable to you with regarding the use of the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by you on any information obtained from MotoTramps, or any other damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorised access to MotoTramps records, programs or services and any direct, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the Site or any of their features. The sole remedy for you is to cease use of the Site.

 

Force Majeure

In the event of Force Majeure, MotoTramps has the right to suspend the execution of the Agreement or dissolve the Agreement partially or fully without court intervention and without MotoTramps being bound to any compensation for damage.

In this matter, Force Majeure is given to mean: every situation due to which you cannot reasonably require MotoTramps to fulfil the Agreement any longer. Force Majeure always includes: war, threat of war, civil war, riot, flooding, water damage, wilful damage, fire, sit-down strikes, labour strikes, transport difficulties, pandemic, unforeseen technical complications, operational breakdowns at MotoTramps’ facilities or those of MotoTramps’ suppliers, breaches of contract by MotoTramps’ suppliers and government measures including import and export bans and quota systems.

If the delivery is delayed by more than two (2) months due to Force Majeure, both parties may terminate the Agreement without any obligation to pay compensation for damage to the other party.

 

The website, intellectual property and trademark protection

You have 24/7 access to the Products, although we do note that we sometimes carry out maintenance or repairs to the website, which means that (part of) the website may be temporarily unavailable.

MotoTramps owns all intellectual property rights in the website, the material published on it and the Products. These works are protected by copyright laws worldwide.

MotoTramps grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable (MotoTramps) right to use the MotoTramps Products and services for personal purposes and under the conditions as stated in these Terms and Conditions.

Upon (interim) termination of the Agreement, your right to use the Products and services provided by MotoTramps will expire. The Products and services delivered during the term of the Agreement remain the property of MotoTramps and will not be made available to you (any longer) after the expiration of the Agreement.

The (training and/or course) materials offered are intended solely for personal use. The intellectual property rights in all Products, text, graphics, user interface, visual interfaces, photographs, trademarks, logos, artwork and content made available to you on or through this website remain the property of MotoTramps and are protected by copyright laws and treaties around the world. All such rights are reserved by MotoTramps. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website not may you use any such content in connection with any business or commercial enterprise.

 

Communication

Within the MotoTramps services, you and other members can communicate with each other, for example by posting comments or sending messages. You agree not to send spam or other undesirable communications of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, libelous, invasive, privacy violating or advertising messages. Acting in violation of these terms and conditions may result in immediate denial of access to and use of MotoTramps’ services and Products and termination of the Agreement. This does not terminate the payment obligation for you.

MotoTramps are free at all times to remove user communications or other parts of the shared information without further notice if the content of such communications and information warrants removal.

MotoTramps reserve the right, in the event of serious or repeated unacceptable behavior by you on the MotoTramps website, to terminate the Agreement without refund of any payment and without lapse of the payment obligation for you.

 

Cancellations

If it appears that an order cannot be executed or can only be partially executed because the Product does not arrive at the e-mail address provided by you, for whatever reason, MotoTramps has the right to dissolve the Agreement with immediate effect without any charge. In that case, you are not entitled to any compensation.

 

How to contact us

If you have any questions about our practices on these Terms, please first check the FAQ page, at www.mototramps.com/faq. If your question still hasn’t been answered, you may contact the MotoTramps website at info@mototramps.com.
Disclaimer

This website is owned by MotoTramps. This Disclaimer and the Privacy Statement apply to the access and use of this site. By using the website, the user accepts the conditions as stated in the Disclaimer and the Privacy Statement of MotoTramps.

The information on this website is realized under the responsibility of MotoTramps. MotoTramps pays the utmost attention to the reliability and topicality of the data on its website. MotoTrampshowever cannot guarantee that the information on this website is
correct and/or complete and/or remains. No rights can be derived from the contents of this website.

MotoTramps are not liable for damage resulting from inaccuracies or incompleteness in the information provided. Neither for damage resulting from problems caused by or inherent in the dissemination of information via the internet, such as malfunction or
interruptions or errors or delays in the provision of information or services by MotoTramps or by you to MotoTramps through the website of MotoTramps or otherwise by electronic means.

The information on this website is also intended to provide general information to interested parties. This information can in no way be considered as a replacement for professional advice. MotoTramps also accept no liability for any damage suffered as a result of the use of data and/or information provided by or on behalf of MotoTramps via this website. MotoTramps accept no responsibility and/or liability for the content of websites to which or from which reference is made with a hyperlink or otherwise.

MotoTramps do not guarantee that emails or other electronic messages sent to will be received and processed in time and accepts no liability for consequences of not receiving or processing them too late. MotoTramps also accept no liability for the
interception or misuse of electronic messages by third parties.

MotoTramps are the entitled party regarding all information provided on this website (including copyrights, domain names, trademark rights, patents, or other intellectual property rights). It is not permitted to copy, download, distribute or reproduce information from this website without prior written permission from MotoTramps.

All content that can be consulted via the website, including but not limited to the texts, sound and image material, images, software, design, brands, logos, any other information and databases, are subject to intellectual property rights of MotoTramps,
its licensors and/or its partners.

You may only use this content to use the website and the services offered on it. Without a prior written consent of MotoTramps you may not use the content for other purposes, including, but not limited to, reproducing and /or publishing the content or providing it to third parties, whether or not for commercial purposes, unless this is compulsorily permitted by law.