Terms & Conditions of Sales

1. Purpose

These general terms and conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general terms and conditions of sale apply to all reservations concluded online, via our reservation platform.

2. Reservation

The customer chooses the services presented on our booking platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability to his needs, such that we cannot be held liable in this regard. The booking is deemed accepted by the customer at the end of the booking process.

3. Booking process

Reservations made by the customer are made via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or reservation request. The customer attests to the truthfulness and accuracy of the information provided. After the final choice of services to be reserved, the reservation procedure includes in particular the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before validation of the reservation and, finally, the validation of the reservation by the customer.

4. Acknowledgment of receipt of reservation

Our booking platform acknowledges receipt of the customer's booking by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the booking by email summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of the booking made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit complaints.

5. Cancellation or modification by the customer

In accordance with Moroccan regulations applicable to tourist service contracts, cancellation and modification conditions vary depending on the offer or rate chosen at the time of booking.
Some offers may provide free cancellation within a specified period, others partial cancellation with a fee, and still others may be non-refundable.
The specific conditions for each offer are clearly indicated at the time of booking and form an integral part of the contract.
Confirmed and prepaid reservations may only be modified or refunded in cases expressly provided for in the conditions of the offer or with the exceptional agreement of the establishment.

6. Consumption of the service

In accordance with regulations in force in certain countries, the customer may be asked to complete a police form upon arrival. To do this, the customer will be asked to present an identity document in order to verify whether or not they must complete the police form. Any behavior contrary to good morals and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made. For establishments with Internal Regulations, the customer accepts and agrees to comply with said regulations. In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to ask the customer to leave the establishment without any compensation and/or without any reimbursement if payment has already been made.

In accordance with current Moroccan regulations, each customer of foreign or Moroccan nationality must complete an individual police form upon arrival, upon presentation of a valid identity document.

7. Liability

The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the internet network, impossibility of accessing the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.

8. Complaints

Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within fourteen days after the date of departure from the establishment.

9. Price

Prices for booking services are indicated before and at the time of booking. Prices are confirmed to the customer in the amount inclusive of VAT, in the establishment's commercial currency, and are only valid for the duration indicated on the booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange fees are the responsibility of the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless special provisions are indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.) where applicable, presented on the rates page, are to be paid directly on site to the establishment. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.

10. Payment

The customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc., depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. They must present themselves at the establishment with the bank card used to guarantee the reservation. The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of reservation. This prepayment is called a deposit. In the event of a no-show (reservation not canceled - customer not present) for a reservation guaranteed by credit card, the establishment will debit the customer, as a fixed compensation, the amount indicated in its general terms and conditions of sale. The establishment has chosen payzone.ma to secure online payments by credit card. The validity of the customer's payment card is verified by payzone.ma. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, input error, etc. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other hand to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, which are the deposits, is debited at the time of reservation. Some establishments can generate invoices/notes electronically; the original file is certified and available online at the internet address provided by the establishment.

All payments are made in Moroccan dirhams (MAD). If paying in a foreign currency, the exchange rate applied is the one in effect on the day of the transaction.

11. Respect for privacy

In accordance with Moroccan law n°09-08 relating to the protection of individuals with regard to the processing of personal data, the customer is informed that the data he communicates during the reservation is subject to computerized processing.

This information is necessary for the management of your reservation and the provision of the services offered by the Gîte Souss - GHANDOUR OTMAN establishment, as well as by its technical service providers, in particular elloha.com (reservation platform) and payzone.ma (online payment provider).

The data collected may be transmitted to these partners only within the strict framework of the execution of the reservation and the management of the customer relationship. These partners undertake to respect the confidentiality and security of the data transmitted.

In accordance with Moroccan law n°09-08 relating to the protection of individuals with regard to the processing of personal data, the client has a right of access, rectification and opposition to his data, which he can exercise with the establishment or the CNDP (National Commission for the Control of the Protection of Personal Data).

12. Evidence agreement

Entering the required banking information, as well as accepting these general terms and conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records stored in the elloha.com computer systems. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.

13. Force majeure

Force majeure means any unforeseeable, irresistible event beyond the control of the parties, making it impossible to perform all or part of the obligations set out in the contract. The following are considered cases of force majeure, but not limited to: natural disasters, fires, floods, earthquakes, acts of war, riots, general strikes, administrative or governmental decisions, pandemics, or any other circumstance beyond the reasonable control of the parties.

Each party shall not be held liable to the other for non-performance or delay in the performance of its obligations when this results from a case of force majeure as defined above.

It is expressly agreed that the occurrence of a case of force majeure suspends, for both parties, the execution of their reciprocal obligations for the entire duration of the event. Each party shall bear the costs arising therefrom.

If the force majeure event should continue for more than 30 consecutive days, each party shall have the right to terminate the contract, without compensation from either party, by simple written notification.

14. Dispute Resolution

Any dispute or litigation relating to the interpretation, execution or validity of this contract will, as far as possible, be settled amicably between the parties.

In the event of failure to reach an amicable settlement within 30 days of written notification of the dispute by one of the parties, the dispute will be submitted to the competent jurisdiction in accordance with the laws and regulations in force in the Kingdom of Morocco.

In the absence of an amicable agreement, the Commercial Court of Agadir shall have sole jurisdiction to hear any dispute relating to the application or interpretation of this contract.

15. Entirety

These General Terms and Conditions of Sale, the terms and conditions of sale for the rate booked by the customer, and the reservation voucher or request express the entirety of the parties' obligations. No general or specific conditions communicated by the customer may be incorporated into these General Terms and Conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation form or request (including the specific conditions of the reserved rate) and these general terms and conditions. In the event of a contradiction between the reservation form and the general terms and conditions, the provisions appearing on the reservation form will be the only ones applicable to the obligation in question. These general terms and conditions of online sales may be modified and/or supplemented at any time by the establishment. In this case, the new version of the general terms and conditions of online sales will be posted online by the establishment. As soon as it is posted online, the new version of the general terms and conditions of online sales will automatically apply to future customers.