TERMS AND CONDITIONS

The following provisions, insofar as effectively agreed, become content of the conclusion of contract between the client and the company MARRAKECH AFFAIRS SARL.

CONTENTS


1. CONCLUSION OF THE CONTRACT

1.1.Through a booking (Registration)the customer offers MARRAKECH AFFAIRS the conclusion of a binding contract. This offer’s base are the tenders and additional information from MARRAKECH AFFAIRS for the respective trip, insofar as they are available to the customer.

1.2.Travel brokers (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorized by MARRAKECH AFFAIRS, to make arrangements, to provide information or make promises, which amend the agreed content of the travel contract, go beyond the contractually agreed services of the tour operator or contradict the tour description.

1.3.Regional and hotel brochures, as well as internet advertisements, which are not published by MARRAKECH AFFAIRS, are not binding for MARRAKECH AFFAIRS and its service obligations if they were not expressly included in the travel tender or included in MARRAKECH AFFAIR’s service obligation by express agreement with the client.

1.4.Bookings can be made verbally, in writing, by telephone, by fax or by electronic means (email, internet). For electronic bookings MARRAKECH AFFAIRS confirms the receipt of the booking immediately by electronic means. This confirmation of receipt does not constitute a confirmation of the acceptance of the booking contract.

1.5.The customer is liable for all contractual obligations of his fellow travelers for which he makes the booking, as for his own, if he has assumed this obligation by express and separate declaration.

1.6.The contract is concluded with the customer’s receipt of a declaration of acceptance by MARRAKECH AFFAIRS. It requires no specific form. At or immediately after the conclusion MARRAKECH AFFAIRS will provide the customer with a written travel confirmation. MARRAKECH AFFAIRS is not required to do so if the reservation was made by the customer less than 7 working days before departure.

1.7.If the content of the declaration of acceptance by MARRAKECH AFFAIRS differs from the content of the booking, there will be a new offer made by MARRAKECH AFFAIRS, to which MARRAKECH AFFAIRS is bound for a period of ten days. The contract is concluded on the basis of this new offer if the customer declares his acceptance to MARRAKECH AFFAIRS within this commitment period by express declaration, down payment or final payment.

2. PAYMENT

2.1.After the conclusion of the travel contract the payment must be transferred to the German account of MARRAKECH AFFAIRS within 10 days. Alternatively you may comfortably use your credit card to conduct the payment through our PayPal account. The PayPal Account is used for the safety of our customers. If there should be less than 10 days between conclusion of the contract and departure the payment has to be made immediately.

2.2.If a security certificate in accordance to § 651k BGB is needed, the booking will be made through ALBATROS URLAUB Frankfurt whose terms and conditions will apply.

2.3.If the trip does not take more than 24 hours, if no accommodation for the night is included and the travel price is not more than Euro 75,--, security certificates will not be issued.

2.4.If the customer does not make the down payment and/or the final payment in accordance with the agreed upon due dates, even though MARRAKECH AFFAIRS is willing and able to fulfill contractual services and there is no statutory or contractual right of retention of the customer, MARRAKECH AFFAIRS is permitted to withdraw from the contract after a reminder, setting a deadline and to charge the customer a cancellation fee according to cipher 5.

3. CHANGES TO SERVICES

3.1.Changes to essential travel services from the agreed upon content of the contract, which become necessary after the conclusion of the contract and were not caused by the responsible agent against good faith, are only permitted, if the changes are not substantial and do not affect the overall character of the trip.

3.2.Potential warranty claims remain unaffected insofar as the changed services are fraught with shortcomings.

3.3.MARRAKECH AFFAIRS is obliged to inform the customer about substantial service changes immediately after learning about the cause for the changes.

3.4.In case of a substantial change of an essential service the customer is entitled to withdraw from the contract without any charge or to demand participation in an equivalent travel package, if MARRAKECH AFFAIRS is able to offer such a tour to the customer from its inventory at no additional cost. The customer has to assert these rights immediately after receiving a declaration of the changes to the service or the cancellation of the trip from the trip’s organizer.

4. PRICE INCREASE

4.1.A price increase is only allowed, if more than four months lie between the conclusion of the contract and the agreed upon departure date and if the causes of the price increase did not occur before the conclusion of the contract and were not predictable for MARRAKECH AFFAIRS at the time of the conclusion of the contract.

4.2.If an increase of the transport costs occurs after the conclusion of the contract, in particular the fuel costs, MARRAKECH AFFAIRS may increase the travel price in accordance with the following calculation:

The additional cost of transportation demanded by the transportation providers for each mode of transportation will be divided by the number of seats on the agreed upon form of transport. MARRAKECH AFFAIRS is permitted to demand the amount resulting from this calculation for each seat booked by a customer.

4.3.If there is an increase in charges such as port or airport fees which affect MARRAKECH AFFAIRS after the conclusion of the contract, the travel price for the customer may be increased by the appropriate proportionate amount.

4.4.In the case of a change of exchange rates after the conclusion of the contract the travel price may be increased to the extent to which the journey has become more expensive for MARRAKECH AFFAIRS.

4.5.In the event of a subsequent change of the travel price MARRAKECH AFFAIRS has to inform the customer immediately after learning of the reason for the change. Price increases are only permitted if the customer is notified at least 21 days ahead of the scheduled departure date. If the price increases by more than 5% the customer is entitled to withdraw from the contract without any charge or to demand participation in an equivalent travel, if MARRAKECH AFFAIRS is able to offer such a tour from its inventory to the customer at no additional costs. The customer has to assert the aforementioned rights towards MARRAKECH AFFAIRS immediately after the announcement of MARRAKECH AFFAIRS about the price increase.

5. CANCELLATION BY THE CLIENT BEFORE DEPARTURE, CANCELLATION FEES

5.1.The customer may withdraw from travel at any time before departure. The withdrawal has to be declared to MARRAKECH AFFAIRS under the above/below stated address. The customer is advised to declare the withdrawal in writing.

5.2.If the customer withdraws prior to departure or he does not travel, MARRAKECH AFFAIRS loses its claim to the travel price. Instead MARRAKECH AFFAIRS may demand, insofar as it is not responsible for the resignation of the travel or it is a case of force majeur, a reasonable compensation for the travel arrangements made before the withdrawal and its expenses depending on the respective price.

5.3.In the calculation of compensation MARRAKECH AFFAIRS has taken into account typical expenses saved and the typical other uses of the services. The compensation is calculated from the date of receipt of the costumer’s cancellation as follows:

Vacation Packages with own transportation
Up to 30 days before departure 20%
From 29 to 22 days before departure 30%
From 21 to 15 days before departure 45%
From 14 to 7 days before departure 60%
From 6 days before departure 70% of the travel price
At the day of departure or in default of appearance 90% of the travel price

5.4.The customer always retains the right to prove to MARRAKECH AFFAIRS that no damage or substantially less damage occurred than the demanded compensation.

5.5.MARRAKECH AFFAIRS reserves the right to demand a higher, specific compensation instead of the above stated lump sum, insofar MARRAKECH AFFAIRS proves, that it incurred significantly higher costs than the respectively applicable fee. In this case MARRAKECH AFFAIRS is required to precisely quantify and prove the required compensation under consideration of the saved expenses and the possible other use of travel services.

5.6.The Customer is strongly recommended a travel cancellation insurance policy and an insurance policy to cover the cost of repatriation in case of accident and disease. We automatically include appropriate information in our correspondence.

6. RECLASSIFICATIONS

6.1.A claim of the customer after the conclusion of the contract to changes in the travel date, destination, place of departure, accommodation, or transport (reclassification) does not exist. In the event of a reclassification or change of accommodation the incurred costs will be passed on to the customer.

7. UNDRAWN SERVICES

If the customer does not claim individual services, which were properly offered to him, because of reasons that are attributable to him (e.g. because of early return or other compelling reasons), he will not be entitled to a pro rate refund of the travel price. MARRAKECH AFFAIRS will seek reimbursement of expenses saved by service providers. This obligation does not apply if it deals with totally insignificant services or if a refund is contrary to legal or regulatory provisions.

8. PASSPORT, VISA AND HEALTH REGULATIONS

8.1.MARRAKECH AFFAIRS will teach nationals of a state of the European Communities, in which the trip is offered, about passport, visa and health regulations before conclusion of the contract as well as about their possible changes prior to departure. For nationals of other states the relevant consulate will give information. In this case no special anomalies in the customer’s and any fellow traveler’s citizen status are assumed (e.g. dual citizenship, statelessness).

8.2.The customer is responsible for obtaining and carrying the necessary official travel documents, any necessary vaccinations and complying with customs and currency regulations. Disadvantages arising from the non-observance of these regulations, e.g. the payment of cancellation fines will be charged to the customer. This does not apply if MARRAKECH AFFAIRS has not sufficiently or wrongly informed the customer.

8.3.MARRAKECH AFFAIRS is not liable for the timely issuance and the receipt of necessary VISA documents through the respective diplomatic representation if the client has entrusted MARRAKECH AFFAIRS with their procurement, unless MARRAKECH AFFAIRS has culpably violated its own duties.

9. REAL ESTATE BROKER’S COMMISSION

In case of success the buyer pays a broker’s fee of 5.95% plus 20% TVA to the company MARRAKECH AFFAIRS SARL. The fee is calculated from the certified purchase price. The fee has to be paid at the time of the conclusion of the contract. Several customers are jointly and severally liable for the total fee.

10. CHOICE OF LAW AND JURISDICTION

10.1.The client can only sue MARRAKECH AFFAIRS at its registered office.

10.2.For law suits by the tour organizer against the client, the client’s residence is decisive. For law suits against clients or contractors of the contract, who are merchants, juristic persons of public or private law or persons, who have their residence or habitual domicile abroad or whose residence is not known at the time of commencement of the suit, the residence of MARRAKECH AFFAIRS shall be the agreed jurisdiction.