General terms and conditions

Introductory provisions

YO MAROC, owner of the Website agadir-experience.com (hereafter the “Website”), is a company dedicated to the booking and sale of activities, excursions guided tours and other touristic activities throughout Morocco, for those Users who are interested in contracting said services. YO MAROC places a platform agadir-experience.com at the disposition of its Users, through which a natural or legal person (hereafter “the User”) can book tourist activities, excursions, guided tours and transfers.

The details of YO MAROC are as follows :

Name : YO MAROC sarl
Fiscal Identification Number I.F : 51612928
Address : Centre d’affaire Malizia, Blv Allal Al Fassi 4ème étage, Nº64, Marrakech 40000
Contact Email : [email protected]

1General conditions of Website use and access

If you access, view, or use the materials, content, or services via the Website, this implies that the User understands and accepts these General Conditions of Use, which define the rights and obligations of Agadir Experience and the User, regards the contraction of touristic activities, guided tours and transfers.

To access the Website, User registration is not required. However, to be able to contract any of the services offered by Agadir Experience it is required that the User registers and accepts these conditions.

2Purpose of the website

Agadir Experience has developed this Website to offer the User a service for the booking of activities, excursions, and guided tours in Morocco.

Agadir Experience also offers pick up and transfer services through the Website, which permits the User to contract a private vehicle, which will pick them up and transfer them from one point to another.

In general, the contraction of the services offered by Agadir Experience will take place between the User and Agadir Experience.

3Booking with Agadir Experience and registration on the Website

To be able to make booking via the Website, the User will have to provide their personal details (name, surname, e-mail, telephone and mobile), or in their case the data of the person in whose name the activity or transfer is being booked, with Agadir Experience being able to make the booking solicited by the User.

By accepting these General Conditions of Use, Users state that they will provide correct, exact, current and complete data about their identity, or the person in whose name the activity or transfer is being booked. In this way, the Users will be responsible for the accuracy of the data given to Agadir Experience and of any consequences which could arise from errors in this information.

4Specific conditions regarding the booking of activities, excursions and guided tours

The bookings made by each User via the Website are subject to the specific conditions which apply to each activity, excursion or guided tour.

4.1 General Conditions Applicable to all Services.

In general, the booking of activities, excursions and guided tours that Agadir Experience promotes through its Website are subject to the following conditions:

The dates and schedules of the activities, excursions and guided tours published on the Website cannot be modified. The only way the date and time of an activity could be modified would be when the User has contracted a private service, in which case this modification would need to be transmitted via the contact form on the Website, available at agadir-experience.com/contact.

• Users can modify the details of their booking if the conditions of the activity, excursion, and/or guided tour permit this.
• The minimum notice period to book an activity varies depending on the activity, excursion and/or guided tour that the User would like to book. This can be seen in the details of the activity on the Website. Agadir Experience informs you that it is impossible to book an activity with less notice than that which has been indicated in the corresponding activity.

4.2 Specific conditions relating to the information of the activity, excursion and/or guided tour booked.

The meeting point, date, time, duration and all necessary information for the activity, excursion and/or guided tour booked can be found in the description of each service, both on the Website and in the confirmation email that Agadir Experience sends to the User once the booking is made.

The confirmation e-mail serves not only to provide all the information concerning the booked service but also allows Agadir Experience to send to the User a receipt or a booking voucher of the activity, excursion and/or guided tour booked.

Users must be punctual and be at the meeting point at the time and on the day indicated on their voucher, as all activities, excursions and/or guided tours have a specific departure time, and it is impossible to modify the start time.

Duration of the activities, excursions and/or guided tours published on the Website are of a referential nature and could be subject to variations depending on the functioning of the service on the day or a factor external to Agadir Experience such as inclement weather, traffic, demonstrations etc.

5Booking fares

The contracting conditions of Agadir Experience reserved services will be formalized once the Users have completed and accepted the activity or transfer reservation form and this has been confirmed.

Activities booked through actions or transactions with indications of being fraudulent may be canceled by Civitatis.

7Cancellation policy

Each of the services advertised by Agadir Experience on the Website (activities, excursions, guided tours and transfers) has a specific cancellation policy, which the User can consult in the description of the activity (on the Website).

Hence, the specific cancellation conditions will be applicable to each service, which establish the cancellation time and possible penalisation.

Agadir Experience will manage cancellations and will confirm the cancellation policies of each activity, excursion, guided tour and/or transfer.

If the PROVIDER does not have availability on the reserved date, WE will offer the customer an alternate date or schedule, which must be accepted or declined by the customer. If no reply about the alternative option is received within 72 hours, the booking will be cancelled and refunded immediately.

8Opinions, comments, communication and other content

Users that reserve activities, day trips, guided tours and/or transfers on the present Website can publish their reviews and opinions on the Website.

When Agadir Experience receives a User’s review, it will be looked over and published as soon as possible on the present Website.

It is forbidden to upload intimidating, threatening, degrading or that promote violence against a particular group of people in any way. The Website cannot be used for advertising, promoting companies or businesses, brands or personal elements. Agadir Experience will only publish User’s reviews that correspond to the service reserved by the User.

In particular, Agadir Experience reserves the right to not publish reviews that include the following words and phrases :

• Discriminatory remarks : In no case will AGADIR EXPERIENCE publish Users’ remarks that are offensive, unsuitable or derogatory to an individual and that violate the right to personal and family rights and taint the self-image or dignity of a person. All comments that are racist, sexist, discriminating in terms of nationality, opinion or disability or any other personal or social circumstance are also forbidden.
• Illegal activities : It is forbidden to upload content that promotes illegal activities or that include obscene or defamatory content.
• Violence : It is expressly forbidden for the reviews to include texts that promote violence and/or that include sexual violence or violence against animals and/or people.
• Degrading content : It is forbidden to upload reviews or opinions that are intimidating, threatening, degrading or any content that promotes violence against an individual or a determined collective.

The messages between Agadir Experience and the Users are done in writing via e-mail with confirmation of receipt or by any other means that attests the reception and the content of the message.

9Product liability

By way of illustration, but not limitation, We are not liable for the following circumstances :

• Users that cancel a service after the deadline date. Agadir Experience is not liable under any concept to repay the amount paid by the Users when they have not complied with the cancellation period stipulated in the cancellation policy applied to each service.
• When Users are late to the activity’s meeting point on the day of the activity (reserved guided tour, day trip and/or transfer). This means that Agadir Experience will not assume any responsibility if the User is late for the activity or misses his or her transfer due to lateness and/or for not finding the correct meeting point.
• When the User does not provide the corresponding voucher, either printed or downloaded on their smartphone (according the Supplier’s requirements).
• When the Users’ property is damaged or stolen during the activity, day trip, guided tour booked or during the transfer service reserved.
• When Users suffer an accident, an injury or any type of damage during the activity, day trip, guided tour and/or transfer service. Moreover, Users that suffer an accident or injury before the day of the activity and which impedes them to enjoy the service booked.
• When the transfer service does not arrive at the meeting point because the information provided by the User is incorrect or mistaken concerning the time and address.
• When Users miss their flights, trains, buses or any other means of transportation, as a consequence of not having reserved the transfer service far enough in advance, as recommended by Agadir Experience. Users are responsible for knowing their departure time (flight/train/bus) and reserving the corresponding transfer service with sufficient time.
• For the weather conditions in which Agadir Experience carries out the activities, day trips and guided tours reserved by the Users. Under no circumstance is Agadir Experience responsible for these circumstances, in which case service is believed to have been carried out correctly.
• For situations where the activities, excursions or guided tours have been completed, taking in the major points of interest, but the duration has changed a little due to any factor outside the control of Agadir Experience. In this situation, the service will be taken to have been carried out correctly.

Likewise, in no event shall Agadir Experience be liable or made responsible or provides any guarantee for any type of damage caused by the access or usage of the Contents or the Website. Agadir Experience is not liable of the following circumstances :

• If the Website and / or its services or Contents are unavailable, under maintenance or are incorrectly used, excluding, to the maximum extent permitted by current legislation, any liability for damages that may be related to the lack of availability or continuity of the Website and its Content enabled.
• Technical errors due to third parties or force majeure which causes the Website to function incorrectly.
• By reasons of force majeure, for example, failure, suspension or interruption of services or use of the Website, as a result of an Internet blockage, third parties’ actions or omissions, or any other independent causes or circumstances that prevent the normal use of the Website.

10Intellectual property

10.1Intellectual and Industrial property regarding the Agadir Experience Website.

Any and all intellectual property rights associated with the Website and its contents are the sole property of Agadir Experience. All designs, texts, custom graphics, logos, icons, buttons, software, names, brands, industrial drawings and other items that appear on the Website are property of Agadir Experience and other entities that have granted Agadir Experience the right and license to use such Marks and may not be used or interfered with without the written consent of Agadir Experience.

Agadir Experience does not give the User any license or authorization of any kind regards its intellectual and industrial Property or any other kind of rights related to the Website, services and Contents. In no case will the access and navigation of the Users imply a renunciation, transmission, license or total or partial cession of these rights on behalf of Agadir Experience.

Any use of these contents not previously authorized by Agadir Experience will be considered a serious infringement of the intellectual or industrial property rights and will give rise to legally established liabilities.

10.2Intellectual property concerning users reviews published on the website.

As Agadir Experience allows Users to publish their reviews on the present Website, the Users must give Agadir Experience a universal license, without restrictions and free to use, distribute, public communication, adaptation and duplicate these reviews. Via this license, Agadir Experience can transform, adapt and to sum up, use the Users’ reviews for publicity and promotion of Agadir Experience Website and social media.

12Modifications

Agadir Experience reserves the right to make as many changes as necessary to these General Conditions of Use. If any modifications are made, Users will be previously informed. These modifications will be valid from the moment they are published on the Website.

In any case, Agadir Experience makes it clear to the Users that they have a Claim Form by which they can make any complaint or claim in relation to the services provided by Agadir Experience.