"Company" means Hipmarrakech.com Ltd.
"Client" means any person making a booking with the Company, via the Website or otherwise, together with all other persons included in the booking.
Any booking made by the Client, via the Website or otherwise, is expressly conditional upon acceptance of the terms and conditions set out below ("the Booking Conditions").
The Booking Conditions, together with the formal booking confirmation sent by the Company to the Client, will constitute the entire agreement between the Company and the Client.
The person making the booking warrants that he has complete authority to accept the Booking Conditions on behalf of all persons included in the booking.
The Company will try to solve any problems which may arise during the Client's trip, and will use all reasonable endeavours to make sure that the Client's accommodation and holiday go as smoothly as possible.
The Company has taken reasonable care to ensure the accuracy of the information contained within the pages of the Website or otherwise passed to the customer during the course of the sale or subsequent delivery of the accommodation or holiday. However, the Company does not accept liability for any errors or omissions, or for information which is out of date.
The Company acts only as an agent for the owners of the riads and hotels and accepts no liability whatsoever for loss or damage which the Client may suffer should these owners fail to fulfil their obligations. Without prejudice to the generality of the foregoing, the Company shall not be liable for any loss, damage, delay, accident or inconvenience to any person, their property or luggage. The Company will, however, use reasonable endeavours to ensure that where any dispute arises, an amicable solution is achieved to everyone’s satisfaction.
In no event shall the Company be liable for any economic loss, loss of profit (direct or indirect), indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of the Website or any booking made by the Client whether based in contract, tort or otherwise.
Nothing in these terms and conditions shall exclude or limit the liability of the Company for death or personal injury caused by its negligence or for fraudulent misrepresentation.
Any booking is conditional upon the receipt by the Company of the appropriate deposit, as specified by the Company; and is further conditional upon confirmation of the booking having been sent to the Client by the Company.
The Company shall not be liable for any knock-on effects arising from the failure of any one element of the booking arrangements, such as the non-departure of a boat or plane. Any cancellations or other consequences arising therefrom will be the sole responsibility of the Client. It is the Client's responsibility to arrive and depart at/from the place of accommodation/booking. Once a booking has been made the Client will be sent a map or directions which shows the location of the accommodation, together with important telephone numbers so that the Client will have the security of being able to contact someone who will assist if there are any problems with transfers. Generally, most riads or hotels arrange for someone to meet the Client at the airport. It is the responsibility of the riad or hotel to do this. It is rare or unusual for there to be a miscommunication which results in the Client not being met at the airport if this has been arranged, but if there is no one to meet the Client on arrival, the Client should telephone the phone numbers provided to ask for assistance.
The provision of all necessary insurances against personal injury, loss, damage, theft, cancellation, delay etc is entirely the reponsibility of the Client.
Visas are required for some nationalities, the provision of which is also entirely the responsibility of the Client. Without prejudice to the foregoing, the Company understands that persons with a UK passport do not currently need a visa, but do need a passport with at least 6 months validity before departure.
The price of the booking will not be increased, unless there is more than a 10% drop in the value of the pound against the Moroccan dirham. If the value of the pound against the dirham falls by greater than 10%, the Company will absorb the first 10% of the drop, but the additional drop in the dirham value of the booking must be paid to the riad or hotel on arrival in Morocco.
Any cancellation of the booking by the Client must be made in writing by the person who made the booking. Cancellation charges will apply, regardless of cause, from the date of receipt of the written cancellation at the Company's office, as follows:
For whole house bookings the following cancellation charges will apply:
In the event of cancellation charges in excess of the booking deposit, the Client unconditionally authorises the Company to take the relevant charges from the Client's credit card, details of which were supplied at the time of booking.
Should the Client wish to make any amendment to the booking after it has been confirmed, the Company may, in it's absolute discretion, make the amendment with no charge where it can be done easily. However, in more complicated circumstances (e.g. if the amendment requires that the Client stays in different accommodation), the Company reserves the right to charge for doing so.
The number of people stipulated in the confirmation of booking must not be exceeded unless prior approval in writing is obtained from the Company; and shall be subject to an appropriate charge. No pets are allowed.
Should a Client be responsible for damage to or loss of any item of property during their occupation of their holiday accommodation, a charge will be made locally to cover the cost of replacement or repair.
The pictures on the Website will inevitably have been taken prior to the Client's arrival, and the accommodation offered may have evolved and changed since that time. In many instances, the Client will have booked a specific room; but occasionally there may have to be a change due to unforeseen circumstances. In that case, if the room is of a similar or higher quality, there will be no extra charge. If, unfortunately, the Client has to be housed in an inferior room, the Company or the riad/hotel will refund the difference in cost between the two rooms. Similarly for some riads/hotels, the picture shown on the photograph may represent a class of room (e.g. superior or standard), and the Client may be accommodated in a different room from that actually shown on the Website. We try to be as accurate as possible in our descriptions and photographs but reserve the right to make such changes.
The Company's aim is to arrange an enjoyable, trouble-free holiday. If the Client does have a problem or complaint it is important, and in the Client's interest, to inform the Company immediately in order that that steps can be taken to resolve the matter on the spot. In any event, in order to be considered, all causes of dissatisfaction must be notified by the Client to the Company in writing within 10 days of leaving the accommodation in question.
The address to which written notices must be sent to the Company is as follows:
98 Station Road
Sidcup, Kent DA15 7BY
The rights and remedies of either party in respect of the Booking Conditions shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time granted by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of the Booking Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
If at any time any part of the Booking Conditions (including any one or more of the clauses of the Booking Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the Booking Conditions and the validity and/or enforceability of the remaining provisions of the Booking Conditions shall not in any way be affected or impaired as a result of that omission.
The Booking Conditions, together with the formal booking confirmation sent by the Company to the Client, contain all the terms of the contract between the Client and the Company. No other written or oral statement will be incorporated into that contract or have any legal effect, and no party shall have any liability for such statement, unless they were made fraudulently.
The Booking Conditions shall be governed by, and construed in accordance with, the laws of England. All disputes arising out of or relating to the agreement between the Company and the Client shall be subject to the exclusive jurisdiction of the English Courts.