GENERAL CONDITIONS

General conditions that the client accepts when registering and/or booking any of our trips to Morocco.

 

To travel to Morocco it is mandatory to carry a valid passport with an expiration date of more than 6 months. The organizing agency assumes no responsibility and will not refund any amount because the client does not comply with this requirement.

All travelers, including children, must carry their passport in order, being the total responsibility of the customer the problems and inconveniences that may arise due to non-compliance with this rule.

For the purposes of these General Conditions, the program/offer is the informative document incorporated into these conditions.

In compliance with the provisions of the current regulations governing the package tour, it is communicated that the changes that operate in the information contained in the program/offer will be clearly communicated in writing to the consumer before the conclusion of the contract.

Confirmation of the reservation

The perfection of the package travel contract occurs with the confirmation of the reservation.

From that moment the package travel contract is binding on both parties.

1. Legal regulations applicable to the package travel contract and acceptance of the general terms and conditions

These General Conditions are subject to the provisions of Book Four of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

These General Conditions shall be incorporated into all package travel contracts whose object is the programs/offers contained in the program/offer and bind the parties, with the particular conditions agreed in the contract or contained in the travel documentation provided simultaneously with the signing of the contract.

2.Organization

The organization of these package tours has been carried out by

My Travel Morocco (hereinafter the Agency), domiciled at 25, El Massira Street, (25150) Boudenib, Errachidia, Morocco. Company name: Traveling Morocco S.L.

3. Price

The price of the combined trip has been calculated on the basis of the exchange rates, transport rates, fuel costs and taxes and fees applicable on the date of publication of the program/offer or subsequent ones that, if applicable, have been made public in printed form.

Any variation in the price of the aforementioned elements may result in the revision of the final price of the trip, both upwards and downwards, in the strict amounts of the aforementioned price variations.

These modifications will be notified to the consumer, in writing or by any means that allows a record of the communication made, being able, when the modification made is significant, to withdraw from the trip, without penalty, or accept the modification of the contract.

In no case, it will be revised upwards in the twenty days prior to the departure date of the trip, with respect to requests already made.

3.1. The price of the Combined Trip includes:

3.1.1. The round trip transportation, when this service is included in the contracted program/offer, in the type of transportation, characteristics and category stated in the contract or in the documentation given to the consumer at the time of signing the contract.

3.1.2. Accommodation, when this service is included in the program/offer contracted, in the establishment and dietary regime that appears in the contract or in the documentation given to the consumer at the time of signing it, or in other similar ones in case of substitution.

3.1.3. The fees or taxes of the hotel establishments.

3.1.4. Indirect taxes (V.A.T., I.G.I.C.) when applicable.

3.1.5. Technical assistance during the trip, when this service is specifically included in the program/offer contracted.

3.1.6. All other services and complements that are specifically specified in the program/offer contracted.

3.1.7. Anything that is expressly stated in the package travel contract.

  • 3.2. Special offers.

 

When the package tour is contracted as a result of special offers, last minute or equivalent, at a price different from that expressed in the program/offer, the services included in the price are only those that are specified in detail in the offer, even when such offer refers to any of the programs described in this program, provided that such reference is made for the sole purpose of general information on the destination.

 

  • 3.3. Exclusions. 

 

3.3.1. The price of the Combined Trip does not include: Visas, airport taxes and/or entry and departure taxes, vaccination certificates, “extras” such as coffees, wines, liquors, mineral waters, special diets – not even in the case of full board or half board, unless otherwise expressly agreed in the contract-, laundry and ironing of clothes, optional hotel services, and in general, any other service that is not expressly included in the section “The price of the trip includes” or is not specifically detailed in the program/offer, in the contract or in the documentation given to the consumer when signing the contract.

 

3.3.2. Optional excursions or visits. In the case of optional excursions or visits that are contracted at destination, it should be noted that they are not part of the package travel contract. Their publication in the program is for information purposes only and the price is expressed as “estimated”. Therefore, at the time of contracting them at the destination, there may be variations in their costs, which may alter the estimated price.

On the other hand, these excursions will be offered to the consumer with their specific conditions and definitive price independently, not being guaranteed until the moment of contracting them the possible realization of the same.

3.3.3. Tips. Tips are not included in the price of the package.

In the case of the cruises, the gratuity loses its voluntariness and, at the beginning of the same, the client is warned that he/she must assume the commitment to deliver at the end of the trip a determined amount depending on the duration. This amount, fixed before the beginning of the cruise, is only addressed to the service personnel.

4. Form of payment

Registration and refunds. In the act of registration, the Agency may require an advance payment  of the total amount of the trip, issuing the corresponding receipt in which it is specified, in addition to the amount advanced by the consumer, the package trip requested. The remaining amount must be paid within a maximum period of 15 days before the departure date, the delivery of the vouchers or documentation of the trip will be made by the Agency once the total amount is collected.

If the total price of the trip is not paid in the indicated conditions, it will be understood that the consumer desists from the trip requested, and the conditions foreseen in the following section will apply.

In the event that before the conclusion of the contract the Organizer is unable to provide any of the services requested by the customer (including the price), it must be communicated to the consumer, who may waive the request by recovering only the amounts advanced if any.

All refunds that are appropriate for any reason will always be formalized through Traveling Morocco S.L., not making any refund for services not used voluntarily by the consumer.

5. Withdrawal of the consumer, assignments and cancellation of the trip for not reaching the minimum number of people registered.

At any time, the user or consumer may cancel the requested or contracted services, having the right to a refund of the amounts paid, but must indemnify the Agency. Any cancellation must be formally communicated, either by fax, letter or by email, in which the cancellation of the trip will be directly informed.

The costs of this cancellation are borne by the user or consumer, and include management expenses, of cancellation, if any, and a penalty. Its amount varies depending on the period with which said cancellation is communicated. Said amounts will be communicated to the user or consumer in the pre-reservation document and are subject to changes by the Agency, depending on the destination, route, options chosen, reservations already made, etc.

The user or consumer must notify the aforementioned cancellation to their insurance company within the periods required by the cancellation conditions, in order to know if the cancellation expenses are covered. Under no circumstances is the cancellation insurance premium subject to refund.

The conditions communicated by the Agency will apply. The total amount of cancellation expenses will be withheld from the amounts that the user or consumer has paid on account when making the reservation. In the event that the combined trip is subject to special economic contracting conditions, such as air freight, ships or special rates, the cancellation expenses will be established in accordance with the conditions agreed between the parties.

6. Alterations

The Agency undertakes to provide its clients with the totality of the contracted services contained in the program/offer that has given rise to the package travel contract, with the stipulated conditions and characteristics, all in accordance with the following points:

  1. a) In the event that, prior to the departure of the trip, the Organizer is forced to significantly modify any essential element of the contract must immediately inform the consumer.
  2. b) In such an event, and unless otherwise agreed by the parties, the consumer may choose between terminating the contract without penalty or accepting a modification of the contract specifying the variations introduced and their impact on the price. The consumer must communicate his decision to the Organizer within three days of being notified of the modification referred to in paragraph a).

In the event that the consumer does not notify his decision in the terms indicated, it will be understood that he chooses to terminate the contract without penalty.

  1. c) In the event that the consumer chooses to terminate the contract under the provisions of paragraph b), or that the Organizer cancels the package before the agreed departure date, for any reason not attributable to the consumer, the consumer shall be entitled, from the time of termination of the contract, to reimbursement of all amounts paid under the contract, or to the realization of another package of equivalent or higher quality, provided that the Organizer can propose it.
  2. d) In the previous cases, the Organizer is responsible for the payment to the consumer of the compensation that, in its case, corresponds for breach of contract, which will be 5% of the total price of the contracted trip, if the mentioned breach occurs between two months and fifteen days immediately prior to the planned date of the trip; 10 % occurs between fifteen days and three days prior; and 25 % in the event that the mentioned breach occurs in the forty-eight hours prior to the date of the trip
  3. e) There shall be no obligation to compensate in the following cases:
  • 1. when the cancellation is due to the fact that the number of persons registered for the package tour is less than the number required and the consumer is so informed in writing before the deadline set for this purpose in the contract.
  • 2. When the cancellation of the trip, except in cases of overbooking, is due to force majeure, meaning those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.

 

f) In the event that, after the departure of the trip, the Organizer does not provide or proves unable to provide an important part of the services foreseen in the contract, he will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the consumer, and, where appropriate, will pay the latter the amount of the difference between the services foreseen and those provided. If the consumer continues the trip with the solutions provided by the Organizer, he shall be deemed to have tacitly accepted these proposals.

g) If the solutions adopted by the Organizer are unfeasible or if the consumer does not accept them on reasonable grounds, the Organizer shall provide the consumer, at no extra charge, with a means of transport equivalent to that used on the trip to return to the place of departure or any other means of transport agreed upon by both parties, without prejudice to any compensation that may be due.

h) In case of complaint, the organizer shall act diligently to find appropriate solutions.

i) Under no circumstances shall anything not included in the package travel contract (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations in the days before or after the trip, etc.) be the responsibility of the Organizer.

If the transfers/assistance from the hotel to the airport or vice versa, or similar, included in the offer, are not fulfilled, mainly for reasons beyond the Organizer’s control and not attributable to it, the Organizer shall only reimburse the amount of the alternative transport used by the client for the trip, upon presentation of the corresponding receipt or invoice.

7.Consumer’s obligation to report any breach of contract.

The consumer is obliged to communicate any breach in the execution of the contract preferably “in situ” to the representative of the Organizer at the destination as stated in the travel documentation or, otherwise, as soon as possible in writing or in any other form in which there is a record, to the organizer.

In the event that the solutions proposed by the Agency are not satisfactory to the consumer, the latter shall have a period of one month to make a complaint.

8.Prescription of actions

Notwithstanding the provisions of the preceding paragraph, the statute of limitations for actions arising from the rights recognized in the Fourth Book of the Royal Legislative Decree 1/2007 will be two years, as established in Article 164 of the aforementioned book

9. Responsability

9.1. General. The Agency will respond before the consumer, according to the obligations that correspond to them for their respective scope of management of the package tour, for the correct non-fulfillment of the obligations derived from the contract, independently of whether these are to be executed by themselves or by other service providers, and without prejudice to the right of the Organizers and Retailers to act against the said service providers. The Agency declares that it assumes the functions of organization and execution of the trip.

Providers of package travel services shall be liable for the damages suffered by the consumer as a consequence of the non-execution or deficient execution of the contract. Such liability shall cease when any of the following circumstances occur:

 

  • 9.1.1. That the rights observed in the execution of the contract are attributable to the consumer.
  • 9.1.2. That such defects are attributable to a third party outside the supply of the services provided for in the contract and are of an unforeseeable or insurmountable nature.
  • 9.1.3. That the defects referred to are due to reasons of force majeure, understood as those circumstances beyond the control of the party who invokes them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
  • 9.1.4. That the defects are due to an event that the service provider, in its case, the Agency, in spite of having applied all the necessary diligence, could not foresee or overcome, as well as due to sufficient cause in accordance with the provisions of the Travel Agency regulations.

However, in the cases of exclusion of responsibility due to the occurrence of any of the circumstances foreseen in numbers 2, 3 and 4, the Agency and the retailer who are parties to the package travel contract shall be obliged to provide the necessary assistance to the consumer who finds himself in difficulties.

9.2. Limits of the compensation for damages. As for the limit of compensation for damages resulting from the breach or poor performance of the services included in the package, shall be as provided in the current regulations applicable to the matter. With regard to the damages that are not bodily damages, these must always be accredited by the consumer. In no case will the Agency be responsible for the expenses of lodging, meals, transportation and others that are caused by force major.

10.Delimitation of the services of the package

10.1. Hotels.

  • 10.1.1. General. The quality and content of the services provided by the hotel shall be determined by the official tourist category, if any, assigned by the competent body.

Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing that in some of the latter a third bed may be provided, it shall always be considered that the use of the third bed is made with the knowledge and consent of the persons occupying the room, and thus the room shall be reflected as triple in all reservation forms provided to the consumer upon payment of the deposit, in the contract and the tickets and/or travel documentation that is delivered simultaneously to the signing of the same. Likewise in the case of double rooms for the use of up to four people, with two beds, when so specified in the program/offer.

In some cases there is the possibility of providing cribs, which must be requested by the clients before the contract is signed and which, unless expressly mentioned, are not included in the price.

The usual time for check-in and check-out at the hotels depends on the first and last service that the user is going to use. As a general rule and unless expressly agreed otherwise in the contract, rooms may be used from 2:00 p.m. on the day of arrival and must be vacated before 12:00 noon on the day of departure.

When the contracted service does not include the permanent accompaniment of a guide and in the event that the user expects to arrive at the hotel or apartment booked on dates or at times other than those indicated, it is necessary, in order to avoid problems and misinterpretations, to communicate this circumstance to the Agency as far in advance as possible.

Likewise, you should consult the Agency, at the time of booking, the possibility of bringing animals, as they are generally not allowed in hotels and apartments.

The hotel accommodation service will be understood to have been provided as long as the room has been available for the client on the corresponding night, regardless of the fact that, due to circumstances specific to the package tour, the check-in time may be later than initially planned.

  • 10.1.2 Other services. For flights arriving at destination after 12:00 p.m., the first hotel service, when included in the program/offer, shall be dinner. Likewise, for flights arriving at destination after 7:00 p.m., the first hotel service will be accommodation.

A direct flight shall always be understood to be one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.

In the circuits the vehicles may vary in their characteristics depending on the number of participants. In all cases, the design, structure, comfort and safety of the transport vehicle may not be adapted to Spanish norms and standards, but to those of the destination country.

  • 10.1.3. Supplementary Services. When the users request supplementary services (for example room with sea view, etc.) that cannot be definitively confirmed by the Agency, the user will be able to choose to abandon the requested supplementary service definitively or to maintain his request while waiting for such services to be finally provided.

In the event that the parties have agreed to pay in advance for the supplementary services that cannot be finally provided, the amount paid will be reimbursed by the Agency immediately upon cancellation of the service by the consumer or upon return of the trip, depending on whether the user has chosen to cancel the supplementary service requested or to maintain the request.

10.2. Apartments. When making the reservation, the client is fully and exclusively responsible for making the correct declaration of the number of persons who are to occupy the apartment, without omitting children of any age.

It is warned that the administration of the apartments can legally refuse to admit the entrance of those persons not declared, not having place to any claim for that cause.

In some cases there is the possibility of providing extra bed/s or cribs that must be requested by the clients before the contract is signed, and unless expressly stated otherwise, they will not be included in the published price of the apartment.

When renting apartments, in some cases, the corresponding lease contract must be signed on site according to the official authorized model. This contract must be signed by the consumer, who will pay the corresponding deposit or civil liability insurance to respond to possible damages, if required.

10.3. Tours and excursions. The Organizing Agency informs the clients that in the tours specified in the program, the accommodation service will be provided in any of the establishments listed therein or in any other of the same category and area, and also that the itinerary of the tour may be developed according to any of the options described in the program-offer.

In the previous cases, if the consumer accepts such information prior to the conclusion of the contract, this lack of definition shall not imply any modification of the same.

10.4. Special economic conditions for children. Given the diversity of the treatment applied to children, depending on their age, the service provider and the date of the trip, it is recommended to always consult the scope of the special conditions that exist and that in each moment will be the object of specific and detailed information and will be included in the contract or in the documentation of the trip that is delivered at the moment of its signature.

In general, as far as accommodation is concerned, they will be applicable as long as the child shares the room with two adults.

Regarding the stay of minors abroad, the information provided in each case and what may be stated in the contract or in the travel documentation provided at the time of signing the contract shall apply.

We inform that the airline company may require at the airport a document proving the age of the child.

11. Passports, visas and documentation

All users, without exception (including children), must carry their personal and family documentation in order, whether passport or ID card, according to the laws of the country or countries visited.

It will be at their own expense to obtain passports, vaccination certificates, etc., when the trips so require. In case of being rejected by any Authority the concession of visas, for particular causes of the user, or to be denied his entrance in the country for lack of the requirements that are demanded, or for defect in the demanded documentation, or for not being the bearer of the same one, the Agency declines all responsibility for facts of this nature, being on behalf of the consumer any expense that is originated, being applied in these circumstances the conditions and norms established for the suppositions of voluntary desist of services.

It is also reminded to all users, and especially to those who have a nationality other than Spanish, that they must ensure, before starting the trip, to have fulfilled all the rules and requirements applicable to visas in order to be able to enter without problems in all countries to be visited.

Minors under 18 years of age must carry a written permission signed by their parents or guardians, in anticipation that it may be requested by any authority.

To travel to Morocco it is mandatory to carry a valid passport with an expiration date of more than 6 months. The organizing agency assumes no responsibility and will not refund any amount for the client’s failure to comply with this requirement.

12.Arbitration clause

The Agency expressly declares its waiver to submit to the Transport Arbitration Courts for any question arising from the existence of this contract.

13.Information to be provided by the Agency to the consumer

The consumer is informed that at the moment of the conclusion of the contract he/she should receive from the Agency the pertinent information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of an insurance that covers the costs of cancellation and/or an assistance insurance that covers the costs of repatriation in case of accident, illness or death; and information on the probable risks implicit in the destination and trip contracted, in compliance with the Royal Legislative Decree 1/2007.

For these purposes, however, it is recommended that the consumer contact the Ministry of Foreign Affairs whose information office provides specific recommendations according to destination through the Internet (http: //www.mae.es) or by any other means.

14.Other additional information

14.1. Baggage. For all purposes and as far as land transportation is concerned, it shall be understood that the luggage and other personal belongings of the user are kept with him/her, regardless of the part of the vehicle in which they are placed, and that they are transported at the user’s risk and expense. Users are advised to be present during all loading and unloading of baggage.

Regarding air, rail, sea or river transport of luggage, the conditions of the transport companies are applicable, the ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the consumer must immediately file the appropriate claim to the Transport Company. The Agency undertakes to provide appropriate assistance to customers who may be affected by any of these circumstances.

14.2. The photographs and maps reproduced in the catalog are only intended to provide further information to Clients. In the event of any type of modification in the establishments, this cannot be considered as misleading publicity on the part of the Agency.

14.3. The Agency is not responsible for changes in the Management of the hotels contained in the catalog after its publication, as well as the repercussions and/or consequent changes that this entails (name, services, category of the establishment, partial closure of the facilities, etc.), which in any case, will be promptly communicated to the user.

15.  In each program you will find the special conditions that refer to each specific destination.

16. Insurance included

In each program you will find the corresponding insurance guarantees, if any.

17.  Protection of personal data

Under the provisions of Law 15/1999, of December 13, Protection of Personal Data, we inform you that the personal data you provide will be stored and processed in the files owned by Traveling Morocco, SL, in order to meet your request and provide the requested service, as well as to keep you informed, including by electronic means, on issues relating to the activity of the company and its services.

We also inform you of the possibility of exercising, at any time, the rights of access, rectification, cancellation and opposition of your personal data by email to info@mytravelmorocco.com.

Traveling Morocco, S.L. informs you and you accept that, in order to properly process the request you make through this form, your personal data may be communicated to the provider of the services that have been contracted by you (whether restaurant, show promoter, hotel, etc.).

Also, in those cases where you provide Traveling Morocco S.L. data of third parties, you expressly agree to obtain the consent of such third parties, before communicating their data to Traveling Morocco, S.L.

In compliance with the provisions of the current regulations governing the package tour, it is reported that the changes that operate in the information contained in the program / offer will be clearly communicated in writing to the consumer before the conclusion of the contract.

18.Cases of force majeure

The crossings that cross the Strait of Gibraltar by boat may be cancelled due to the Levante storm. And the programs may be cancelled, delayed and/or modified. The agency assumes no liability arising from force majeure.