Terms Conditions

This agreement applies as between you, the User of our services, and MoroccoTours.co, the provider of the Services, both offline and online. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these terms and conditions, you should not use the Services.

MoroccoTours.co acts as an intermediary in various ways:

  1. a) Within the framework of the brokerage of package tours, this also includes individual service modules that are offered by tour operators as package tours.
  2. b) In the context of the brokerage of individual travel services that are not offered as individual service modules by a tour operator as a package tour, such as the brokerage of only one single flight or of only one single hotel accommodation,
  3. c) In the form of the brokerage of combined travel services, i.e., different types of travel services that are not package tours and that are brokered within a time frame of 24 hours in a specifically coordinated manner for the purpose of the same trip, e.g., the brokerage of a flight together with the brokerage of hotel accommodation.

1 Legal position of MoroccoTours.co

1.1 MoroccoTours offers individual travel services of third-party service providers as well as package tours of third-party tour operators exclusively as an agent. In the event of a booking, the contract shall be concluded exclusively between the customer on the one hand and the provider of the relevant individual travel service(s) or package tour(s) on the other.

1.2 MoroccoTours is therefore not liable for the information provided by the service provider(s) or tour operator(s) on prices and services, not for the provision of the service itself, and also not for compensation for damages from these mediated services or from mediated package tours.

1.3 This does not apply insofar as MoroccoTours gives the appearance of providing contractually agreed travel services on his own responsibility. Furthermore, this does not apply insofar as MoroccoTours is to be regarded as a tour operator.

Conclusion of contract, applicable law

2.1 With the acceptance of the customer’s brokerage order by MoroccoTours, the travel brokerage contract comes into effect between the customer and MoroccoTours as an agency contract. Order and acceptance do not require any particular form and can also be declared conclusively.

2.2 If the order is placed electronically (e-mail, Internet), MoroccoTours will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute a confirmation of acceptance of the brokerage order. Internet offers from MoroccoTours are not offers in the legal sense of a binding contract offer.

2.3 The mutual rights and obligations of the customer and MoroccoTours arise, insofar as this does not conflict with mandatory statutory provisions, from the contractual agreements made in the individual case (in particular on the type and scope of the brokerage order), these travel agency terms and conditions, and the statutory provisions on the provision of services against payment.

  1. Position and obligations of the agent

3.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, the agent shall provide the passenger with the information available from the intermediary company about the airline that is likely to operate the flight.

3.2 In the event of a change of airline, the customer shall be informed of the change without delay. The contractual relationship between the customer and the airline shall be governed by the statutory provisions of the Air Transport Act, the Warsaw and Montreal Conventions, and directly, as applicable, by domestic statutory provisions.

3.3 The Customer is strongly advised to inform himself about his rights as a passenger, e.g., through the notices in the airports or through the information provided by the operating air carrier.

3.4 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, MoroccoTours is obliged to inform the passenger of the identity of the operating air carrier at the time of booking. If the operating airline has not yet been determined at the time of booking, MoroccoTours shall provide the passenger with the information available from the intermediary company about the airline that will probably operate the flight. In the event of a change of airline, the customer shall be informed of the change without delay.

4 Obligations of MoroccoTours.co with regard to entry regulations, visas, and insurance

4.1 If MoroccoTours takes over, against payment or free of charge, the registration for the customer within the framework of electronic systems for obtaining entry permits as a prerequisite for entry into or transit through certain countries, the following shall apply: The assumption of this activity shall not constitute an obligation on the part of MoroccoTours, without express agreement, to make further inquiries or provide information about entry or transit formalities or about transit stays on the trip and, in particular, not to procure visas. The customer is advised that the electronic entry permit does not replace the final entry permit issued by the border authorities of the respective country.

4.2 MoroccoTours is not obliged to procure visas or other documents required for the trip without a special, express agreement. In the event that such an order is accepted, MoroccoTours may, without express agreement, demand reimbursement of the expenses incurred by him, which he could reasonably consider necessary under the circumstances. MoroccoTours can demand remuneration for his work if this has been agreed upon or if the work was only owed against corresponding remuneration according to the circumstances.

4.3 MoroccoTours is not liable for the issuing of visas and other documents or for their timely receipt. This does not apply if the circumstances decisive for the non-issuance or the delayed receipt have been culpably caused or contributed to by MoroccoTours.

4.4 There shall be no obligation to provide information, advice, or consultation regarding the necessity, scope, coverage, and insurance conditions of travel insurance, in particular travel health insurance and travel cancellation insurance, insofar as no express agreement has been made in this regard.

4.5 When arranging travel insurance, the customer’s attention is drawn to the fact that the insurance conditions of the arranged travel insurance may contain special contractual conditions and/or obligations to cooperate on the part of the customer, in particular exclusions of liability (e.g., in the case of pre-existing conditions), deadlines for notification of claims, and deductibles. The agent shall not be liable insofar as the brokered travel insurer has a right to refuse performance vis-à-vis the customer on the basis of validly agreed insurance conditions.

  1. Documents About Mediated Travel Services or Mediated Package Tours

5.1 Both the customer and MoroccoTours are obligated to check the contractual and other documents of the respective brokered travel companies, which were handed over to the customer by MoroccoTours, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance policies, and other documents concerning brokered travel services or brokered package tours, for correctness and completeness, in particular for conformity with the booking and the brokerage order.

5.2 Insofar as such documents are not sent directly to the customer by the intermediary travel company, they shall be handed over by the travel intermediary by handing them over at the travel intermediary’s business premises or, at the travel intermediary’s discretion, by sending them by post or electronically, insofar as the customer is not entitled to a travel confirmation in paper form in the case of the intermediation of a package tour.

  1. The Customer’s Duty to Cooperate With MoroccoTours.com

6.1 The customer must inform MoroccoTours of any errors or deficiencies in MoroccoTours’ services that are apparent to him immediately after they have been discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, and documents about the brokered package tour, as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made).

6.2 If the customer fails to give notice in accordance with Clause 6.1, the following shall apply:

  1. a) If the customer fails to give notice in accordance with Clause 6.1 through no fault of his own, his claims shall not lapse.
  2. b) The customer’s claims against MoroccoTours shall lapse insofar as MoroccoTours proves that the customer would not have suffered a loss or would not have suffered a loss in the amount claimed by the customer if the customer had properly notified MoroccoTours. This applies in particular insofar as MoroccoTours proves that immediate notification by the customer would have enabled MoroccoTours to remedy the defect or reduce the damage, e.g., by rebooking, additional booking, or cancellation with the intermediated package tour operator.
  3. c) Claims of the customer in the event of a failure to notify a defect shall not be forfeited in the case of damage resulting from injury to life, limb or health which is due to an intentional or negligent breach of duty on the part of MoroccoTours or a legal representative or vicarious agent of MoroccoTours in the case of claims for compensation for other damage, which are based on an intentional or grossly negligent breach of duty by MoroccoTours or a legal representative or vicarious agent of MoroccoTours in the event of a breach of an essential duty, the fulfillment of which is a prerequisite for the proper performance of the agency contract or the breach of which jeopardises the achievement of the purpose of the contract. Liability for booking errors remains unaffected.

6.3 The customer is requested, in his own interest, to inform MoroccoTours of any special needs or restrictions with regard to the requested travel service or package tour.

  1. General contractual obligations of the agent, information, advice

7.1 The customer shall be advised in the best possible way on the basis of these Agency Terms and Conditions. If requested, the agent will then make the booking inquiry with the service providers or tour operators. After confirmation by the service provider or tour operator, the duty to perform includes the handing over of the documents concerning the arranged travel service(s). This does not apply if it has been agreed that the service provider or tour operator will send the documents directly to the customer.

7.2 When providing information and advice, the agent is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and its correct passing on to the customer. A contract for the provision of information with a main contractual obligation to provide information shall only be concluded if a corresponding express agreement has been made. The agent is not liable for the correctness of the information provided unless a special information contract has been concluded.

7.3 In the absence of an express agreement, the agent is not obliged to determine and/or offer the most favorable provider of the requested travel service.

7.4 In the absence of an express agreement, the agent shall not assume any guarantee with regard to information on prices, services, booking conditions, and other circumstances of the travel service, and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the agent.

7.5 The agent accepts special requests only for forwarding to the service provider or tour operator to be arranged. Unless otherwise expressly agreed upon, the agent is not responsible for the fulfillment of such special requests. These are also not a condition or contractual basis for the brokerage order or for the booking declaration of the customer to be transmitted by the broker to the service provider or tour operator. It is pointed out to the customer that special requests usually only become part of the contractual obligations of the service provider or tour operator with the express confirmation of the service provider or tour operator.

Price and Payment

8.1. The Price payable for the Services is detailed in the accepted quotation.

8.2 We reserve the right, by giving notice to you at any time before providing the Services, to increase the price of the Services to reflect any increase in the cost that is due to any factor beyond our control (such as, without limitation, alteration of duties, significant increase in the costs of labor), any change in deliverables, quantities, or specifications for the Services that you have requested, or any delay caused by you resulting from any of your instructions or failure to give us adequate information, consents, or instructions.

8.3 Except as otherwise stated and unless otherwise agreed in writing between us, all prices are exclusive of Taxes, and you shall be responsible for all Taxes applicable under this Agreement.

8.4 All payments and deposits required to be made pursuant to this Agreement by you shall, unless otherwise specified in writing, be made immediately upon placing the order and as set out in the accepted quotation, without any set-off, withholding, or deduction.

  1. Liability of MoroccoTours.co

9.1 Insofar as MoroccoTours has not assumed a corresponding contractual obligation through express agreement with the customer, he shall not be liable for the conclusion of contracts with the travel companies to be arranged.

9.2 MoroccoTours shall not be liable for defects and damages incurred by the customer in connection with the brokered travel service. This does not apply in the case of an express agreement or assurance in this regard by MoroccoTours, especially if this deviates considerably from the service description of the brokered travel company.

9.3 Any liability of MoroccoTours arising from the culpable breach of travel agent obligations remains unaffected by the above provisions.

  1. Important information about insurance

10.1 MoroccoTours points out the possibility of taking out travel cancellation insurance at the time of booking in order to minimize the cost risk in the event of cancellations by the customer.

10.2 The customer is also advised that travel cancellation insurance does not usually cover the damage that may arise due to a cancellation of the use of brokered travel services or brokered package tours after their commencement, even if this is not the customer’s fault. As a rule, separate travel interruption insurance must be taken out for this case.

10.3 MoroccoTours also recommends that sufficient health insurance be taken out for trips abroad.

  1. Privacy

11.1 For the purposes of applicable data protection legislation, MoroccoTours will process any personal data you have provided to it in accordance with the Privacy Policy available on the MoroccoTours website or on request from MoroccoTours.

11.2 You agree that, if you have provided MoroccoTours with personal data relating to a third party, (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to MoroccoTours and (2) that you have brought to the attention of any such third party the Privacy Notice available on the MoroccoTours’ website or otherwise provided a copy of it to the third party.

11.3 You agree to indemnify MoroccoTours in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

  1. Disclaimers

12.1 MoroccoTours makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate.

12.2 We make no guarantee of any specific results from the use of our Service.

12.3 No part of this Web Site is intended to constitute advice, and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

  1. Availability of the Web Site

13.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.

13.2 MoroccoTours accepts no liability for any disruption or non-availability of the Web Site resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. 15. Events Outside of Our Control (Force Majeure)

In no event shall MoroccoTours be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, weather conditions; it being understood that MoroccoTours shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

  1. Insurance

16.1 Most Suppliers and Partners require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing, extreme sports, adventure travel, and all other activities you have booked.

16.2 If you choose to travel without adequate insurance cover, neither the Suppliers and Partners nor MoroccoTours will be liable to you for any losses, however arising, in respect of which insurance cover would otherwise have been available.

  1. Travel requirements

It is your responsibility to check and fulfill the passport, visa, health, and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor, as applicable. Requirements do change, and you must check the up-to-date position in good time before departure. We are not responsible for any errors or omissions in the information provided.

  1. Use of Images

You agree that all images taken during the use of our Services can be uploaded to the cloud or our social media accounts as proof of confirmed bookings and fraud prevention. You grant us permission to use any images for those purposes, unless otherwise specified at the time of booking.

  1. Accident Coverage

You acknowledge that it is your responsibility to provide for your own accident and health coverage while participating in any tours and Bookings made and while transporting to and from the tours and Bookings made; accident and health coverage is not provided by MoroccoTours.

  1. Immigration

You represent and warrant that you will comply with the requirements of Immigration laws and all subsequent immigration laws and amendments applicable to your booked destination. You further warrant not to use the MoroccoTours services with the intention to circumvent or evade Immigration laws and all subsequent immigration laws and amendments applicable to your booked destination. You agree to indemnify MoroccoTours in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.

  1. Notices

All notices and communications shall be given to us by email. Such notice will be deemed received on the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and MoroccoTours shall be governed by and construed in accordance with the Law of Morocco and MoroccoTours.co, and you agree to submit to the exclusive jurisdiction of the Courts of Marrakesh.