Motorcycle Tour Terms & Conditions
participation, safety requirements, and refund policies
01. Tour Price Refund Conditions
Cancellations and refunds
Where applicable, refunds are based on how far in advance you cancel. We offer:
- A 90% refund for cancellations made 41 days or more before departure.
- A 70% refund for cancellations made from 15-40 days before departure.
- No refund for cancellations made 1-14 days before departure.
02. Acknowledgement of Risk
Rider awareness and risk acceptance
An Explore Indochina motorcycle tour in Asia (“Tour”) involves substantial risks and dangers. A person participating in a Tour (“Traveller”) understands that Asian road conditions, the behaviour of Asian road users and animals, and Asian weather are unpredictable, erratic, and unreliable. The Traveller understands that riding a motorcycle in Asia is a dangerous, complex, and challenging experience.
2.1 Medical Services and Conditions
Medical services may not be readily available during all or part of a Tour, and, if available, may not meet the standards found in developed nations.
2.2 Environmental and Infrastructure
The forces of nature, such as, but not limited to, avalanches, severe rainfall, destruction of infrastructure, and unexpected snowfall, are regular occurrences on any Tour that all Travellers understand and accept when they take part in a Tour.
Travel in Asia differs significantly from that in developed nations and often involves inconvenience and risk, caused, among other things, by other road users, animals, pedestrians, adverse climatic conditions, poor hygiene standards, inadequate road maintenance, transportation delays, and substandard accommodation conditions.
2.3 Compliance with Laws and Tour Guide Directions
Travel in Asia differs significantly from that in developed nations and often involves inconvenience and risk, caused, among other things, by other road users, animals, pedestrians, adverse climatic conditions, poor hygiene standards, inadequate road maintenance, transportation delays, and substandard accommodation conditions.
03. Terms and Conditions
Tour rules and rider obligations
3.1 Tour Guide Authority
While the Tour guides will go out of their way to accommodate the Travellers’ wishes, the final decision regarding all aspects of the Tour, such as changes to the itinerary due to dangerous weather and road conditions, will remain with the Tour guides, and the Travellers must follow these decisions.
3.2 Traveller Responsibilities
All Travellers are obliged to follow any advice, written or spoken, concerning rider safety given to them by the Tour guides. All Travellers must carefully study any documents provided to them by the Tour guides and clarify any points they need help understanding.
Each Traveller must ride within their skill level with due consideration for their safety and that of their fellow Travellers and other road users. Travellers are solely responsible for their riding and driving style, even when following a Tour guide in a convoy formation with other motorcyclists.
All Travellers must inform the Tour guides immediately should they feel fatigued, have insufficient driving or riding skills, experience stress, or any other factors that compromise their safety.
3.3 Fitness to Participate
All Travellers must be of sound mind and body to complete the Tour and not suffer from any physical or mental conditions that affect the well-being of the Tour.
The Tour guides are the sole arbitrators of this, and should circumstances dictate, then the Tour guides can send a Traveller back to Ulaanbaatar before the Tour is complete.
3.4 Safety Gear and Conduct
All motorcycle riders are required to wear helmets and appropriate safety gear while riding.
All Travellers must adhere to the laws of Asia, refrain from using illicit drugs, and not consume alcohol while riding a motorcycle on Tour.
All Travellers must respect local customs and procedures and abide by the directions of the police and local authorities.
3.5 Legal and Financial Obligations
All costs incurred by medical care and evacuation in the case of an accident or injury suffered by the Traveller are borne by the Traveller.
All Travellers must have appropriate medical insurance for motorcycle riding in Asia.
Should a Traveller cause damage, accidental or otherwise, to any property of Explore Indochina, its agents, contractors, employees, or any other person or organisation, they are responsible for paying for any replacement or compensatory costs.
3.6 Tour Modifications
The Tour guides reserve the right to change the Tour’s route at any time due to unfavourable weather, dangerous road conditions, or difficulties experienced by the Travellers.
The Travellers must contribute to the costs incurred by such changes so that the Tour can continue by the alternative route the Tour guides deem most appropriate.
3.7 Mid-Tour Cancellation or Withdrawal
The Tour guides reserve the right to cancel a Traveller’s Tour mid-ride should the Traveller not adhere to the Terms and Conditions or not be of sound mind and body to complete the Tour. In such cases, the Traveller will not be entitled to any reimbursement, nor will the Traveller be permitted to use Explore Indochina’s, its agent’s, contractor’s, or employee’s equipment. Such a Traveller is also responsible for all costs incurred after their Tour is cancelled.
Should Travellers suffer an accident or illness causing their evacuation, they will not be entitled to any reimbursement.
Should a Traveller leave a Tour by their own choice before its completion, they will not be entitled to any reimbursement, nor will they be permitted to use any Explore Indochina’s, its agent’s, or employee’s equipment. Such a Traveller is also responsible for all costs incurred after leaving the Tour.
3.8 Governing Law and Jurisdiction
The agreement between Explore Indochina and the Traveller comes into effect upon the signing of this document and shall be deemed to have been made in Vietnam.
The parties herein agree that in case of any disagreement, they will submit themselves to the courts of Vietnam and agree to be bound by their decisions, including all decrees and orders, interim or otherwise, and specifically also recovery proceedings.
04. Limitation of Liability
Liability limits and release of claims
4.1 Traveller Responsibility
The Traveller is solely responsible for every aspect of the motorcycle’s operation provided by Explore Indochina, its agents, contractors, and employees, including, but not limited to, the choice of riding/driving style, the choice of stopping or continuing to travel, the direction of travel, and the speed of travel.
4.2 Health and Fitness
The Traveller represents to Explore Indochina that they have a level of health and physical conditioning sufficient to undertake the Tour and have taken all appropriate medical precautions to ensure they can complete the Tour.
4.3 Liability for Injury or Damage
The Traveller is solely liable for injury, loss, and damage to other road users, including their property and assets, caused by the actions of the Traveller.
4.4 Assumption of Risk and Indemnity
The Traveller expressly acknowledges and agrees that the Tour’s activities are dangerous and involve the risk of serious injury, death, and property damage.
The Traveller expressly assumes such risks and agrees to release, indemnify, and hold harmless Explore Indochina, its agents, contractors, and employees from liability for such risks.
4.5 Weather and Mechanical Conditions
Explore Indochina, its agents, contractors, and employees are not liable for unsafe weather conditions, and no refunds will be paid to Travellers should such conditions force the Tour to end before its anticipated completion date.
Explore Indochina, its agents, contractors, and employees use every reasonable effort to provide the Traveller with a roadworthy motorcycle at the beginning of the Tour. However, should the Traveller believe their motorcycle is not roadworthy, the Traveller has the sole duty to stop operating it and notify the Tour guides so that the motorcycle can be repaired.
The Traveller agrees that Explore Indochina, its agents, contractors, and employees are not liable for any injury or death resulting from a mechanical failure or defect present in their motorcycle.
The Traveller agrees to release, indemnify, and hold harmless Explore Indochina, its agents, contractors, and employees from liability for such mechanical failures or defects.
4.6 Personal Welfare and Risk Acceptance
The Traveller is solely responsible for their welfare during the Tour, both on and off the motorcycle, and accepts all risks caused by accidents, delay, unanticipated events, illness, injury, emotional trauma, disability, death or other damage to the Traveller, their property, or their family, heirs, or assigns, and agrees to release and to indemnify and hold harmless, Explore Indochina, its agents, contractors, and employees from liability for such risks.
4.7 Release of Claims
The Traveller, their heirs, successors, and assignors agree not to sue Explore Indochina, its agents, contractors, and employees in respect of any injury, loss or damage of property or baggage or travel delay and release the Tour guides provided by Explore Indochina, its agents, and contractors from any liability including, without limitation, any liability in respect of claims made against the Traveller as a result of the Traveller’s actions on the Tour.
The Traveller understands and agrees that Explore Indochina, its agents, contractors, and employees are not responsible for and are not the guardians of the Traveller’s safety and well-being.
They, individually or collectively, cannot be held liable in any way for any physical or mental injuries to the Traveller, including permanent injury, disability or death, damages to or loss of property arising in connection with the Traveller’s participation in the Tour, even if caused or alleged to have been caused in whole or in part by the conduct of Explore Indochina, its agents, contractors, and employees, including the negligence or gross negligence of the Tour guides provided by Explore Indochina, its agents, contractors, and employees.
The Traveller agrees to release, indemnify and hold harmless Explore Indochina, its agents, contractors, and employees from liability for such risks.