Rally Indochina
Hanoi to Saigon via the Ho Chi Minh Trail April 10-23, 2011

Acknowledgement of Risk

A motorcycle or vehicle tour in Vietnam or Laos involves substantial risks and dangers. The undersigned ("Traveller") understands that the road conditions, behaviour of other road uses and animals, traffic, and weather in Vietnam and Laos are unpredictable and that riding a motorcycle or travelling in a vehicle in these countries is dangerous, difficult and challenging.

The Traveller fully understands that the unpredictable nature of the traffic and road conditions, weather, and behaviour of other road users and animals in Vietnam makes riding a motorcycle or travelling a vehicle through such countries inherently dangerous. The Traveller understands that motorcycling is a dangerous activity and is aware of these risks, fully accepts these risks and hereby agrees to be solely responsible for keeping his or her motorcycle under control, travelling at proper, legal and safe speeds, and adhering to the applicable country's laws and the directions of the Rally Organisers.

Travel in Vietnam is very different to travel within developed nations, and can involve inconvenience and risk caused by other road users, pedestrians, the forces of nature, geographic and climatic conditions, hygienic standards, infrastructure problems (including road maintenance, transportation delays and accommodation conditions) and motorcycle problems. Medical services may not be readily available during all or part of a trip and, if available, may not be up to the standards found in developed nations.

In consideration for the Traveller participating in a Rally Indochina expedition ("Expedition"), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Traveller hereby acknowledges the risk of the Expedition, accepts the Terms and Conditions and signs the Release of Liability Agreement in favour of Rally Indochina Ltd, Explore Indochina Ltd, Hoi An Motorbike Adventures Ltd and Ural Vietnam Ltd ( "Rally Organisers"). The Traveller acknowledges that Rally Indochina is relying on the Traveller agreeing to and signing the terms of this collective agreement and would not allow a Traveller to participate in the Expedition should this collective agreement not be executed by the Traveller.

Terms and Conditions

While the Rally Organisers will go out of their way to accommodate the wishes of the Travellers, the final decision regarding all aspects of the tour will remain with the Rally Organisers, and the Travellers are obliged to follow these decisions.

The Rally Organisers reserve the right to change the route of the tour at any time in the face of unfavourable weather or road conditions or due to difficulties experienced by the Travellers.

All Travellers are obliged to follow any advice (written or spoken) concerning driver safety given to them by the Rally Organisers. All Travellers must carefully study the "How to drive safely in Indochina" document given to them by Rally Indochina, and clarify any points they do not understand before beginning the Expedition.

Each Traveller must ride within his or her own skill level and with due consideration for their own safety and that of their fellow Travellers and other road users. Travellers are solely responsible for their choice of riding style and speed selection even when following a Rally Organiser in a convoy formation with other motorcyclists.

All Travellers must inform the Rally Organisers immediately should they feel that fatigue, driving skill, stress or other factors are compromising their safety.

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 ride. The Rally Organisers are the sole arbitrator of this and should circumstances dictate then the Rally Organisers can send a Traveller back to Hanoi before the Expedition is complete.

All costs incurred by medical care and evacuation in the case of an accident or injury suffered by the Traveller must be borne by the Traveller.

All Travellers are solely responsible for choosing appropriate medical and evacuation insurance that covers the act of riding a motorcycle in Vietnam.

All Travellers must wear helmets and appropriate safety clothing at all times whilst riding a motorcycle.

All Travellers must adhere to the laws of Vietnam, and must not use illicit drugs or prostitution, or drink and drive while on tour.

All Travellers must respect local customs and procedures and abide by the directions of the police and local authorities.
All tour fees are to be paid in US dollars in full before tour departure.

Rally Indochina will pay for all mechanical repairs not caused by the negligence of the traveller. If a Ural 650cc motorcycle is destroyed by the Traveller, then the Traveller's responsibility to cover the cost of the motorbike's replacement is limited to US$1000.

Should a Traveller cause damage (accidental or otherwise) to any property of Rally Indochina or any other person or organisation then they are responsible to pay for any replacement or compensatory costs.

Should a Traveller suffer an accident or illness causing his or her evacuation then he or she will not be entitled to any reimbursement. Should Rally Indochina prove unable to complete the tour schedule for the remaining members of such a group where an injured Traveller commands the full attention of the Rally Organisers in the interest's of that Traveller's safety, then the remaining Travellers will also not be entitled to any reimbursement.

The Rally Organisers reserve the right to cancel a Traveller's tour mid-ride should the Traveller not adhere to the Terms and Conditions or should the Traveller 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 he or she be permitted to use any equipment of Rally Indochina. Such a Traveller is also responsible for all costs incurred after his or her tour is cancelled.

Should a Traveller leave a tour by their own choice before its completion then he or she will not be entitled to any reimbursement, nor will he or she be permitted to use any equipment of Rally Indochina. Such a Traveller is also responsible for all costs incurred after leaving the tour.

Photos, videos and digital images filmed by Rally Indochina or its agents while on tour are the property of Rally Indochina and the copyrights rest with Rally Indochina. Rally Indochina can use any and all of this material for advertising and marketing purposes, including images in which individual tour members can be recognized, without any charge from the tour member for this use of material.

The agreement between Rally Indochina and the Travellers which comes into effect when the Terms and Conditions form is signed (which collectively includes the terms outlined in the Limitation of Liability and Release Agreement below) shall be deemed to be made in Vietnam and in case of disputes shall be decided in accordance with the law of contract and general laws of Vietnam. The parties herein agree that in case of any dispute they will subject themselves to the Courts of Vietnam.

The parties herein agree to be bound by their decisions including all decrees and orders, interim or otherwise and specifically also recovery proceedings.

Limitation of Liability and Release

The Traveller is solely responsible for every aspect of his or her operation of the motorcycle provided by Rally Indochina, including, but not limited to the choice of riding style, the choice of stopping or continuing to travel, the direction of travel and the speed of travel.

The Traveller is solely liable for injury, loss or damage to fellow participants or other road users caused by Traveller.

Rally Indochina and its agents and employees are not liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions, even if such conditions result in a termination of the Expedition prior to the anticipated completion date.

The Traveller represents to Rally Indochina that he or she has a level of health and physical conditioning sufficient to undertake the Expedition and has taken all appropriate medical precautions to ensure he or she can complete the Expedition.
The Traveller expressly acknowledges and agrees that the activities of the Expedition are dangerous and involve the risk of serious injury and/or death and/or property damage and the Traveller expressly assumes such risks and agrees to release, and to indemnify and hold harmless, Rally Indochina and its agents and employees from liability for such risks.

Rally Indochina uses every reasonable effort to provide the Traveller with a road-worthy motorcycle at the beginning of the Expedition. However, after the commencement of the Expedition, should the Traveller believe the motorcycle is not longer road-worthy, the Traveller has the sole duty to stop operating the motorcycle and to notify the Rally Organisers of this fact. The Traveller agrees that Rally Indochina is not liable for any injury or death resulting from a failure or defect in the motorcycle, and the Traveller agrees to release, and to indemnify and hold harmless, Rally Indochina and its agents and employees from liability for such risks.

The Traveller is solely responsible for his or her own welfare, both on and off the motorcycle, during the course of the Expedition with Rally Indochina or its agents and employees, and accepts any and all risks caused by accidents, delay, unanticipated events, illness, injury, emotional trauma, disability, death or other damage to the Traveller, his or her property, or his or her family, heirs, or assigns, and agrees to release, and to indemnify and hold harmless, Rally Indochina and its agents and employees from liability for such risks.

The Traveller, his or her heirs, successors, and assignors, agree not to sue Rally Indochina, its agents, contractors and employees, in respect of any injury, loss or damage of property or baggage, or travel delay and release the Expedition guide(s) provided by Rally Indochina or its agents 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 Expedition.

The Traveller understands and agrees that the owners, operators and agents of the Expedition including, but not limited to, Rally Indochina are not responsible for, and are not the guardians of, the Traveller's safety and well-being, and they, individually or collectively, cannot be held liable in any way for any physical or mental injuries to Traveller, including permanent injury, disability or death, damages to or loss of property arising in connection with the Traveller's participation in the Expedition with Rally Indochina, even if caused or alleged to have been caused in whole or in part by the conduct of Rally Indochina, its agents or employees, including the negligence or gross negligence of the Expedition guide(s) provided by Rally Indochina or its agents or employees, and the Traveller agrees to release, and to indemnify and hold harmless, Rally Indochina and its agents and employees from liability for such risks.

The Traveller understands and accepts the terms outlined in the Acknowledgement of Risk, Terms and Conditions, and Limitation of Liability and Release forms outlined above. These documents are governed by the laws of Vietnam.

The Traveller understands and accepts the terms outlined in the Acknowledgement of Risk, Terms and Conditions, and Limitation of Liability and Release forms outlined above. These documents are governed by the laws of Vietnam.

 

Historical Adventure Charity Rally
Seven days riding covering over 1,500 km

The Rally passes through a host of significant former battle sites, from both sides of the conflict, including Khe Sanh, Hamburger Hill, the DMZ, Vinh Moc tunnels and the Mu Gia pass, amongst others.

Rally Indochina Map

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