This site (hereinafter the « Site ») provides access to a travel portal published by the company DESTINATION EVASION and allows the booking and purchase of holidays, weekends, nature and cultural activities, flights, trains, hotels, riads, hostels, car rental and tourist transport. The reservation of the services offered on the Site implies on the part of the customer the prior acceptance of these general and special conditions of sale, supplemented by the special conditions of sale applicable to the various services specific to each travel operator (the conditions of sale of each travel operator is available by clicking on the link shown when consulting the Site before booking the trip). By clicking on the purchase confirmation, customers who sign up for a trip acknowledge having read the description of the chosen product, these general and special conditions of sale and those of the provider of the reserved service and accepts them in their entirety. In the event of discrepancy between the General and / or particular Sales Conditions and the contract concluded between the client and the agency, the provisions of the contract will prevail.
TERMS OF SALE
These General Conditions of Sale govern the sales of travel, packages or stays offered on the Site, within the framework of the Moroccan Tourism Code.
Subject to exclusions, any offer or sale of travel or holiday services will result in the delivery of appropriate documents that comply with the rules defined in this section.
In the event of air transport ticket sales or regular line tickets not accompanied by services related to such transport, the seller issues to the buyer one or more tickets for the entire journey, issued by the carrier under their responsibility. In the case of transportation on demand, the name and address of the carrier on whose behalf the tickets are issued must be referenced.
The separate invoicing of the various elements of the same tourist package does not remove the seller from the obligations that are made to their by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual conditions is made in writing. This can be carried out electronically in the conditions of validity and exercise. Reference will be made of the name or business name and the address of the seller and the indication of their registration, if any, the name, the address and the indication of the registration of the regional federation.
Prior to the conclusion of the contract, the seller must communicate to the consumer the information on prices, dates and other elements of services provided during the trip or stay, such as:
1 ° the destination, means of transport, characteristics and categories of transport used;
2 ° The type of accommodation, its location, its level of comfort and its main characteristics, its certification and its tourist classification corresponding to the regulations or customs of the host country;
3 ° The proposed catering services;
4 ° The description of the itinerary when it is a trail;
5 ° the administrative and medical formalities to be carried out by nationals or nationals of other countries in the particular event of crossing the frontiers and their deadlines for completion;
6 ° Visits, excursions and other services included in the package or those possibly available for an additional charge;
7 ° If the minimum or maximum size of the group enabling the implementation of the trip along with the implementation of the journey or the stay is bound by a minimum number of participants, the deadline of information to the consumer in the event of cancellation travel or stay be fixed less than twenty-one days before departure;
8 ° the amount or percentage of the price to be paid as an advance payment at the conclusion of the contract and the payment schedule of the balance;
9 ° The terms of revision of prices as provided for in the contract in application.
10 ° Conditions of cancellation of a contractual nature;
11 ° The cancellation conditions defined.
12 ° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain particular risks, in particular repatriation costs in the event of an accident or sickness ;
13 ° When the contract includes air transport services, the information, for each section of the flight.
The seller is bound to any prior information given to the consumer, unless the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on which parts.
In any case, changes made to the prior information must be communicated to the consumer before the conclusion of the contract.
The contract between the seller and the buyer must be in writing, in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, the Civil Code is applied. The contract must include the following clauses:
1 ° The name and address of the seller, its guarantor and insurer and the name and address of the organizer;
2 ° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3 ° the means, characteristics and categories of transport used, dates and places of departure and return;
4 ° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification according to the regulations or customs of the host country;
5 ° The proposed catering services;
6 ° The itinerary when it is a trail;
7 ° Visits, excursions or other services included in the total price of the trip or stay;
8 ° The total price of the services invoiced as well as the indication of any possible revision of this invoicing under the provisions.
9 ° The indication, if applicable, of the fees or taxes relating to certain services such as landing, landing or embarkation fees at ports and airports, tourist taxes when they are not included in the price of the services provided;
10 ° The schedule and the terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when handing the documents to make the trip or stay;
11 ° The special conditions requested by the buyer and accepted by the seller;
12 ° The terms according to which the buyer can enter for a claim for non-performance or bad execution of the contract must be sent as soon as possible, by any means in order to obtain an acknowledgment of receipt from the seller, and, where appropriate, in writing, to the travel organizer and the service provider concerned;
13 ° The deadline for information for the buyer in the event of cancellation of the trip or stay by the seller in the case where the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions
14 ° Conditions of cancellation of a contractual nature;
15 ° The details of the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional liability;
16 ° Information concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular risks, in particular repatriation costs in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
17 ° The deadline for informing the seller in case of assignment of the contract by the buyer;
18 ° The commitment to provide the buyer, at least ten days before the date planned for their departure, the following information:
(a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulty or, failing that, the telephone number for emergency contact with the seller;
19 ° The clause of cancellation and refund without penalties of the sums paid by the buyer in case of non-compliance with the obligation of information provided
20 ° The commitment to provide the buyer, in due time before the start of the journey or stay, the hours of departure and arrival.
The buyer may assign their contract to an assignee who fulfils the same conditions as them to carry out the journey or the stay, as long as this contract has produced no effect.
Unless stipulated more favourable to the transferor, they must inform the seller of their decision by any means to obtain an acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization by the seller.
Where the contract includes an expressed possibility of price revision, it must mention the precise methods for calculating, both upwards and downwards, price variations, and in particular the amount of the transport costs and taxes related thereto, the currencies that may affect the price of the trip or stay, the share of the price to which the change applies, the price of the currency or currencies used as a reference when establishing the price in the contract.
When, before the departure of the buyer, the seller finds themselves obliged to make a modification to one of the essential elements of the contract such as a significant increase in the price, the buyer may, without prejudging the remedies for any damage sustained, and after being informed by the seller by any means to obtain an acknowledgment of receipt:
– either terminate their contract and obtain without penalty the immediate reimbursement of the sums paid;
– or accept the change or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to them before the date of their departure.
When, before the departure of the buyer, the seller cancels the trip or stay, they must inform the buyer by any means to obtain an acknowledgment of receipt; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the vendor the immediate and without penalty reimbursement of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had taken place at that date.
The provisions of this article do not in any way preclude the conclusion of an amicable agreement for the purpose of acceptance by the buyer of a substitute trip or stay proposed by the seller.
When, after the departure of the buyer, the seller is unable to provide a main part of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately make the following provisions without prejudging remedies for damages for any damage suffered:
– Either offer services to replace the planned benefits, possibly covering any additional price, and if the services accepted by the buyer are of inferior quality, the seller must refund the difference in price as soon as they return;
-If they cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, at no extra cost, tickets to ensure their return in conditions which may be deemed equivalent to the place of departure or to another place accepted by both parties.
This contract is not subject to a right of withdrawal.
These Special Conditions of Sale have been drawn up in accordance with the following Code of Tourism, setting the conditions for the exercise of activities relating to the organization and sale of trips and stays, excluding the sale of flights only. They also take into account the regulation of international conventions, particularly with regard to air transport. They are brought to the attention of the customer before the signing of their sales contract and are part of the information.
POINT-MAROC may modify the content of these Special Conditions of Sale, which are up to date when they are posted online and viewed by the user. The provisions mentioned below, including prices, supersede and replace any prior information.
These Conditions are supplemented by the Special Conditions of Sale of the supplier of each service.
Whatever the mode of reservation of its package or its tourist service, the customer acknowledges having read these Special Conditions of Sale, specific conditions to the travel supplier concerned and the description of the service chosen on the Site
1. TOURISM SERVICE RESERVATION PROCESS
1.1. The Site offers tourist services developed by different suppliers referenced by DESTINATION EVASION, such as hotels, tour operators, carriers or offered by some partners of DESTINATION EVASION for hotels and air and train.
For any service offered on the Site, the sales conditions specific to each travel supplier or central concerned by the reserved service also apply. These conditions include provisions concerning in particular the terms of payment, cancellations or modifications of reservations, reimbursement, obligations of the parties to the contract, liability.
1.2. In order to finalize the sales contract, the customer is sent to a Geolocated Network Agency in relation to the details provided during the booking. This agency is therefore the sales representative of the customer, responsible for the proper performance of the contract within the meaning of the Code of Tourism.
– If the geolocation of the customer proves impossible, if the customer refuses the geolocated agency or if the customer reserves a service online exclusively not dependent on a tourist package (dry transport ticket, isolated hotel reservation), the sale will be carried out by SELECTOUR TOURISME and AFFAIRES whose following
details will appear on the online form: SELECTOUR TOURISM and BUSINESS, 20, Bd of Strasbourg 31000 TOULOUSE, No. IM031100005, RCP AXA Insurance policy No. 0000000647149404.
1.3. The Site acts as an intermediary:
– The customer thus concludes a contract with the agency of the Network DESTINATION EVASION and POINT-VOYAGES – the Particular Conditions of Sale of the supplier of the trip constitute one of the elements of the contract.
The Special Terms and Conditions of Sale for providers of services or hotel reservation centers In these Conditions, « The Site » or « the Agency » also refers to the sales agency responsible for the booking file and the customer’s travel contract. , whether the reservation was made online or in physical agency.
The client formulates his requests using online quote and booking forms that will confirm the price of the services chosen.
After confirmation by the Site, the customer will confirm their booking and will proceed to full payment online of the price of the service by means of their credit card or will visit the dedicated Agency to settle their reservation.
The customer will receive a confirmation email from the Site.
The confirmed booking form corresponds to the travel contract and includes the description of the service and its essential characteristics, as well as the price and conditions of cancellation, modification and insurance chosen by the customer.
Airlines may at any time require the issue or advance payment without refund of the tickets included in the package in case of cancellation or modification. In this case, or if the customer requires the early issue of their ticket, the conditions for modification or cancellation of the package may be changed: The Site will inform the customer in accordance with the provisions of the Code of Tourism.
The services offered on the Site are updated as soon as the communication made by the suppliers; the booking can only be considered definitive after confirmation by the travel agency.
The customer does not benefit from the right of withdrawal for the purchase of tourist services online in accordance with Article L.221-28 of the Consumer Code.
3. BENEFITS AND PRICES OF PACKAGES
Travel and holiday descriptions specifically mention what is included in the price.
The prices included in the travel contracts were calculated on the basis of the exchange rates, air fares and terrestrial services known at the time of signing the contract. They are communicated in real time when they are published on the Site.
The prices given are indivisible and any waiver of services included in the package or any interruption of travel due to the customer (even in case of hospitalisation or early repatriation), cannot lead to reimbursement, unless specific insurance has been obtained.
Prices shown are for a fixed price per person, based on a double room, all taxes included, and are denominated in Euros. They must be confirmed by the Travel Agency at the time of registration. Prices are calculated on a fixed basis according to the number of nights and not days.
They include air, sea and land transport, transfers according to itinerary directions, taxes known on the day of registration, fees, accommodation, visits and excursions included in the program and not mentioned as optional.
Except for special mention of the travel contract, prices do not include visa and passport fees, gratuities and other gratuities, personal expenses and optional insurance for baggage, cancellation and assistance, drinks, and certain compulsory services, such as local taxes, gala dinner supplement or special occasion, visa fees, etc. the Site declines all responsibility for personal purchases on site.
The occupants of the same room must be those mentioned on the booking.
Full payment for all tickets, insurance and car rentals is required at the time of booking, according to the payment methods mentioned on the Site.
4. PRICE REVISION
The revision of the price of tourist packages is subject to the Special Conditions of Sale of each supplier communicated to the customer when booking and reported on the contract of sale.
5. PROMOTIONS AND LAST MINUTE SALES
Promotions and last minute sales (LMS) are sometimes offered. It is therefore possible that for an identical trip, some rates are different depending on the booking period. Customers who have paid the higher rate cannot benefit from a retroactive refund, corresponding to the difference between the price and the promotional price. Discounts cannot be combined with promotions.
6. ADMINISTRATIVE AND SANITARY PROCEDURES
The Site informs clients who are European or nationals of a European Economic Area country that they must make their own arrangements regarding the police and health regulations applicable at any time during the trip.
Non-European or non-EEA foreign nationals must approach their consular authority, under their sole responsibility, in order to know the formalities required for the planned journey and the time required according to the date of departure. It is not the responsibility of the Site or the agency to provide this information or to question customers about their nationality.
If the trip concerns minors, it is up to the parents to comply with the instructions given to them; each child must have a personal ID with photograph. Family booklets are not pieces of identification.
In any case, the Site will not be able to replace the individual responsibility of the customers who must take care of the obtaining of all the formalities before the departure (passport generally valid 6 months after the date of return of travel, visa, certificate of health, etc.) and for the entire duration of the journey, including the completion of the customs formalities of the countries regulating the export of objects.
Failure to comply with the formalities, the impossibility of a client to present administrative documents in good standing, whatever the reason resulting in a delay, the refusal to board the customer or the prohibition to enter foreign territory , remain under the responsibility of the customer who bears the expenses incurred, without the Site reimbursing or replacing said trip.
Clients must take special care – under their sole responsibility – to ensure that the names and surnames indicated when they are booked and confirmed when they conclude their travel contract with their valid identification documents ( married partner’s name etc.)
7. DURATION OF THE TRIP
The duration of the trip includes the days of departure and return, from the departure time of the airport on the day of departure, until the time of flight landing on the day of the return. Unless otherwise stated, given the often random flight schedules, it should be considered that the first and last days of the trip will be devoted to transportation and will not include any services at the place of stay. On certain dates, stays of two or three weeks on special flights may not be available for sale, or be offered in limited numbers.
The classification of hotels by stars or by category presented on the Site always results from the decisions of the Tourism authorities, according to local standards that may be different from international standards.
The uses of the international hotel industry imply that participants take possession of the room from 2 pm and release it before noon, regardless of the time of departure or arrival.
Single rooms are often smaller and less well located in the hotel than others, although additional charges are required. In most hotels, triple rooms are double rooms with an extra bed. This formula, which alleviates the payment of an individual room supplement for the third person, therefore involves some disadvantages especially in terms of available space in the room. They are not recommended for three adults.
For half-board stays, each night spent on site is for breakfast and dinner. Thus, in case of late arrival and early departure no meal will be provided on the first and last day. It is the same in case of stay in full board.
In case of theft in hotels, the liability of the Site will be limited in accordance with the rules of the Civil Code. In general, hotels have a safe (free or paid) and its use is strongly recommended.
Access to discos of hotel establishments is prohibited to persons under 18 years of age. An ID may be requested.
The « All Inclusive » formula allows the unlimited consumption of certain alcohols for adults. Alcohol abuse is dangerous. The Site cannot be held responsible for the behaviour or accidents that occur to drunk customers.
The activities and leisure activities offered by hotels may present risks for which the Site cannot be held responsible in the event of an accident.
The images displayed on the Site are provided as an illustration of the services: The Site does not guarantee that they always correspond exactly to the services booked by the customer (for example: image of a superior category room in the product description while the customer has booked a standard room, view of the sea while the room is located elsewhere etc.).
9. AIR TRANSPORT
The consequences of accidents or incidents that may occur during the execution of air transport are governed by the Warsaw Conventions of October 12, 1929 amended in Montreal of May 28, 1999, the limitations of liability could benefit the Site, in case of their liability and according to article L211-16 of the Code of Tourism.
The conditions of transport are recalled on the back of the notes or communicated at the same time as its issue.
All times are given as an indication as soon as they are available and can be changed, even after confirmation at the initiative of the airline. Any unused space on the outward or return trip cannot be reimbursed.
Given the intensification of air traffic, events beyond the control of the Site (strikes, technical incidents, air delays) may take place and are governed in particular by the European Regulation No. 261/2004 of 11 February 2004 on refusal embargoes, cancellations and major flight delays, the limitations of which may benefit the Site. In addition, an airport change can occur in any city. A technical or additional stopover may be scheduled by the airline without the Site having time to inform the customers.
The list of airlines used in the proposed trips, is communicated in accordance with the provisions of the Code of Tourism. A confirmation of the identity of the airline will be communicated to the customer during the registration and at the latest 8 days before the departure. A modification may occur before departure and the client will be informed at the latest at the time of boarding.
For charter flights lasting no more than two hours, no meals on board will be served. On some flights, alcoholic beverages are chargeable.
In accordance with the EC Regulation No. 1107/2006, a client with a disability or reduced mobility requiring special attention, due to his or her physicality or age, must inform the Site prior to booking, and no later than 48 hours before the published departure time of the flight. The Site or the air carrier may advise against or refuse the customer with a disability or reduced mobility, the booking of a trip including an air transport, if the security requirements or the configuration of the aircraft make such transport impossible. The Site or the air carrier may also require the accompaniment of this customer by a person capable of providing assistance.
In accordance with Article L. 224-66 of the Consumer Code, in case of non-use of your plane ticket, you have the possibility to be reimbursed, on request, the « airport taxes » related to it . The refund will be subject to a billing fee, up to a limit of 20% of the amount refunded, except in the case of an application filed online.
When a customer finds that a service is not provided as planned, so as not to suffer the inconvenience for the duration of their stay, they must immediately notify the local representative of the travel supplier with whom they have contracted or the escort present to settle the dispute on the spot. Observations on the progress of the trip must reach the Agency concerned within 30 days of return by registered letter with acknowledgment of receipt, accompanied by the appropriate supporting documents. Otherwise, the file will not be treated as a priority.
The possible delivery of questionnaires by the provider or the supplier at the end of the trip is only intended to establish statistics on the services. They cannot, under any circumstances, be considered as elements of the client’s after-sales file.
11. LUGGAGE-PERSONAL EFFECTS
The Agency cannot be held responsible for any loss, theft or damage to luggage or personal effects during the trip. In the event of a problem, it is recommended that clients have the facts ascertained by the competent local authorities (filing a complaint).
In the case of air transport, the responsibility of the airlines is limited or excluded in the event of loss, damage or delay of baggage, in accordance with the aforementioned Warsaw and Montreal Conventions; these agreements may also benefit the Agency in the event of its liability being incurred.
Any claim must be immediately lodged at the airport by the customer themselves with the services of the carrier or the airport and as soon as the damage is found.
No baggage insurance is included in the prices of services offered on the Site. However, insurance can be offered by one of our insurance providers.
IMPORTANT: If you are taking medication, keep it in your cabin with hand luggage (with prescriptions), do not leave it in the hold. It is also advisable to keep with you in hand luggage your valuables: camera, camcorder, eyeglasses, apartment keys, car, jewellery, etc. if they are authorized in the cabin and within the limit of the weight allowed in cabin by the carrier. In addition to items already banned, passengers must comply with new restrictions on liquids contained in cabin baggage introduced since November 6, 2006; during security checks, passengers must present separately a closed transparent plastic bag of a size of about 20cm by 20cm, the bottles and tubes of 100ml maximum each).
The Agency holds the legal and administrative authorizations issued by the competent Moroccan authorities, guaranteeing the clients the proper performance of the services purchased.
In the case of tourist packages, the responsibility of the seller of the tourist service is defined by the code of tourism and cannot be engaged in case of contractual non-performance by the customer, in case of the fact of a third party or in case of force majeure.
The liability of the travel agency may be limited by that of its own providers through the application of international conventions, particularly for air transport, the Warsaw Conventions of October 12, 1929 amended in Montreal of May 28, 1999 (Article L211 -16 of the Code of Tourism).
The Site cannot be held responsible for changes to dates, schedules or routes, airport change upon return, removal or modification of part of the program caused by external events such as strikes without notice , technical incidents, aerial overload, bad weather, epidemics, flight changes or any other case of force majeure, due to third parties foreign to the provision of the services provided for in the contract or the bad execution of the contract attributable to the customer.
It may happen for reasons related to the period, attendance or decisions of hoteliers on the spot, that the material is insufficient in the places of stay or that certain activities are suspended.
The Site will not be responsible in case of incident occurring on the occasion of services purchased directly on site by the customer from an external provider or resulting from a personal initiative of the customer.
The Agency communicates to the client the conditions of the specific cancellation, assistance and repatriation insurance prior to the confirmation of the travel reservation, by means of a link to the said conditions that the customer can print.
At the latest at the time of registration, the customer can take out a specific insurance policy according to two options: Multi-risk or Cancellation, by these means in their territory of residence.
The customer may choose not to take out any additional insurance.
14. CANCELLATION TERMS
a) Cancellation by the client
Any cancellation request from the customer must be made either by phone to the dedicated Agency number on your travel confirmation or directly in this Agency and will result in, regardless of the trip or stay, unless specific conditions , cancellation fees calculated according to the scales provided for in the conditions specific to each travel supplier.
In case of cancellation of any service, the insurance premium, the visa fees if any, the file fees and the ticketing fees are not refundable.
b) Cancellation by a travel supplier
If a travel supplier decides to cancel the trip or stay before departure, the customer will be notified by any means to acknowledge receipt. If an amicable agreement on a trip or substitute stay proves impossible, it is necessary to refer to the conditions specific to each travel supplier regarding the refund of the sums paid by the customer and the cancellation indemnity.
15. CHANGES TO THE CONTRACT
Reference should be made to the specific conditions of sale for each travel supplier, which form an integral part of the travel contract, with regard to the conditions of contract modifications.
a) Changes by the customer
A postponement of a date or a change of destination is generally considered a cancellation. A change of name is not considered a change, but as a transfer of contract and therefore involves a planned fee. Any modification of the services by the customer on the spot will not be able to lead to a refund (shortened stay for example), as well as any service not consumed.
b) Changes by a travel provider
If, prior to departure, an external event imposes itself on a travel supplier within the meaning of the Tourism Code, obliges them to modify an essential element of the contract concluded by the Agency with the client, the Site will notify the client by any means to acknowledge receipt, as soon as possible and make proposals (change of travel or travel substitution).
When a minimum number of participants is required for the completion of a tour or a trip and this number is not reached, the Site informs the client at least 21 days before the departure date. A replacement solution at the current rate will then be proposed to the customer, or the full refund of the sums paid.
16. TRANSFER OF CONTRACT
When the contract relates to a stay or a circuit, the customer can assign it to a third party.
The client must inform the Agency of the assignment of the contract by any means to acknowledge receipt, no later than 7 days before the date of the beginning of the trip (15 days for a cruise), indicating the exact name and address, address of the transferee and the travel participant, and that the latter fulfills the same conditions as them to carry out the stay or the journey.
On the other hand, the client cannot sell their insurance contract(s). In addition, in case of air transport if the ticket is issued, it will not be exchangeable or refundable by the airlines and therefore the transfer of the travel contract may be likened to a cancellation generating the costs provided for in the particular sales conditions of the supplier.
17. APPLICABLE LAW
Contracts concluded between the Agency and the customer are subject to French law.
SARL DESTINATION EVASION has subscribed to the company RMA, a contract guaranteeing its Professional Civil Liability for material damage, immaterial caused to its customers or third parties by fault, error or negligence committed on the occasion of its activity; bodily injury.
DESTINATION EVASION, with a registered capital of 250 000 DHS, RC 20949 Marrakech, whose registered office is located at shop 40, atlas golf Bouakaz Marrakech. License No. 13T / 16.
SARL DESTINATION EVASION is a member of the regional syndicate of travel agencies of Marrakech Safi region.