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GENERAL TERMS AND CONDITIONS

1. THE SERVICE PROVIDER'S CONTACT DETAILS:

THE BERBER PALACE

Head office: KM 9 ROUTE D AMEZMIZ MARRAKECH – 40000 – MOROCCO
Société Anonyme (SA) with a capital of MAD 72,000,000
Trade register: 12239 (MARRAKECH)
ICE: 000103218000021
Tax ID: 6504206
CNSS affiliation number: 6966751
Creation date: 18/07/2000

2. GENERAL RULES

2.1. These “Terms and Conditions” regulate the use of the all-inclusive suites and services provided by the Service Provider.
2.2. Special, personalised conditions do not form part of the General Terms and Conditions, but they do not exclude the possibility of concluding personalised agreements with tour operators, specific groups or with tour operators, with conditions adapted, on a case-by-case basis, according to the type of case.

3. CONTRACTING PARTY

3.1. The services provided by the Service Provider are used by the Customer.
3.2. In the event that the order for services has been placed directly with the Service Provider, the Customer shall be deemed to be a Contracting Party. The Service Provider and the Customer – if the conditions are met – become contracting parties (hereinafter referred to as “the Parties”).
3.3. In the event that the order for services has been placed with the Service Provider by a third party (hereinafter referred to as the “Agent”) mandated by the Client, the terms and conditions of the cooperation shall be regulated by the contract concluded between the Service Provider and the Agent. In such a case, the Service Provider is not obliged to verify whether the third party legally represents the Client or not.
3.4. Making a reservation on a third party website, such as Booking.com, Expedia or other websites, does not constitute an exemption; the contract is always legally concluded between the end customer and the hotel.

4. THE FORMATION OF THE CONTRACT

the reservation method, the modification of the reservation, obligation of notification

4.1. At the Customer’s oral or written request, the Service Provider shall send an offer. If no order is placed within 48 hours after sending the offer, the Service Provider ceases to have an obligation to make an offer.
4.2. The Contract shall come into existence with the written (by letter, e-mail) or verbal confirmation of the Service Provider, following the verbal or written reservation of the Client, and as such is considered to be a contract concluded in writing. A verbal reservation, agreement or change or verbal confirmation by the Service Provider is not binding.
4.3. The Agreement relating to the use of our suites and the benefit of associated services, including “all inclusive”, is concluded for a fixed term, which has a beginning and an end.
4.3.1. If the Customer leaves the room permanently before the specified period expires, the Service Provider is entitled to the full price of the service set out in the contract. The Service Provider has the right to resell the room that has become vacant before the expiry time.
4.3.2. The Service Provider must first approve any extension of the use of the dwelling and the services initiated by the Customer. In this case, the Service Provider may request payment for services already provided.
4.4. For the modification and/or completion of the Contract, a written agreement signed by the Parties has the same value as a verbal agreement (by telephone for example).

5. CANCELLATION CONDITIONS

5.1. Unless otherwise decided by the hotel as announced in its offer, services may be cancelled without penalty up to 18:00 local time, seven days prior to the date of arrival. Any deposit received shall be deemed to be due.
More advantageous rules have existed since 12/10/2020, until an as yet undetermined date, due to the continuing pandemic situation at that time. Our reservation services can inform you of updates on this subject.
a.) If the Contracting Party has not ensured the use of the services by payment of a deposit, by credit card guarantee, or by any other accepted means, the Service Provider’s obligation to provide services shall cease after 6 p.m. local time on the day of arrival, unless the customer has duly informed a later arrival time.
b.) If the Contracting Party has ensured the use of the accommodation services by payment of a deposit, by credit card guarantee, or by any other accepted means, and does not report to the hotel or does not notify the hotel that it will arrive later on the day of arrival, until 23:30 local time, the Service Provider is entitled to charge an indemnity fixed in the Contract, which is at least the amount corresponding to the rate for one night’s accommodation. In this case, the Service Provider shall keep the accommodation for the Contracting Party until 10:00 a.m. on the day following the original date of arrival, after which time the Service Provider’s duty of service shall cease.
5.2 In the case of product reservations, group meals, group travel or events (aquapark, conference rooms, etc.) with special conditions, the Service Provider shall establish conditions different from the above-mentioned conditions, set out in an individual Contract.

6. RATES

6.1. The official basic rack rates are displayed at the hotel reception desk. The price list of other services not included in the all-inclusive formula is systematically available at the relevant sections (bars, restaurant Le Fès, wellness centre Les Bains de l’Eden, etc.) of the hotel. Promotional rates may be subject to restrictions which are then clearly expressed. But these are always real opportunities.
6.2.From 12 years of age, the adult fare applies. Any fares, discounts, or gratuities apply from 0 to 4 and/or 12 years of age, maximum. This is always clearly specified in our communications.
6.3. Until confirmation of the reservation, or in case of lack of confirmation, until the room is occupied, the Service Provider is entitled to change the displayed rates without prior notice.
6.4. When publishing its rates, the Service Provider indicates the tax rates (VAT, tourist tax) in accordance with Moroccan law, and in force on the day the quote is issued. After notifying the Contracting Party, the Service Provider shall be entitled to pass on to the Contracting Party any excess charges resulting from the amendment of the tax law in force (VAT, tourist tax).
6.5. Current promotions, special offers and other offers are displayed, among other media, on this website.
.6. If the customer has opted for an all-inclusive formula (All inclusive), this will be included until 11pm, in 24-hour increments:

– Accommodation in a suite.
– Buffet breakfast* at the Atlas International Restaurant (7am to 10:30am)
– Late continental breakfast at Atlas International Restaurant (10:30am to 11:00am)
– Buffet lunch* at Atlas International Restaurant (12:30 to 14:30)
– Snack from 4pm to 5pm
– Buffet dinner* at the Atlas (19:00 to 22:00)
– All-you-can-drink drinks** from 10:00 to 23:00 served and consumed on site at the Sun Bar and the Mimosa Bar (open alternately)
– Access to the gym, upon reservation.
– Free access to the Eden Aquapark adjacent to the hotel, from 10am to 6pm (Winter: 11am to 4pm) partially heated (part of the pools and the sliding water) when necessary, open according to weather conditions and occupation- Entertainment throughout the day* and evening for all age groups.

** In accordance with Moroccan law, we are prohibited from selling or giving alcoholic beverages to people of the Muslim faith:
“the prohibition of the sale of alcohol to Moroccans dates back to the dahir of July 1967, which specifies in its article 28 that “it is forbidden for any operator (. . .) to sell or offer free alcoholic beverages to Muslim Moroccans”

** In accordance with Moroccan law and that of many other countries, we also prohibit the serving of alcohol to people in a state of obvious drunkenness. The material conditions of consumption demonstrate the obvious drunkenness and the fact that it could be perceived by the waiters.

** The alcohol served in the all-inclusive package is quality local product. Branded products are sold separately.

ALL OTHER SERVICES ARE NOT INCLUDED IN THE ALL-INCLUSIVE OFFER AS CLEARLY STATED ON THE WEBSITE. THESE ARE OPTIONAL EXTRAS, TO GIVE YOU THE CHOICE OF DIVERSITY.

This excludes :

drinks served by the Jazz Bar.
Drinks served in the VIP Lounge.
the intimate à la carte restaurant “Le Fès”.
Drinks provided in the suites’ minibar; the minibar is filled on request and must be paid for in full when ordering.
Premium drinks ordered in the restaurants and bars.
Orders served in the room.
Drinks not consumed on site (e.g. served by the bottle).
All services provided by Les Bains de Marrakech apart from the use of the gym without the services of a coach.
the use of the sensory pool and jacuzzi at Les Bains de L’Eden.
products sold in the shop.

During festive periods, such as New Year’s Eve, Eid, etc., special optional meals can be offered for a fee. Access to the reservation in the establishment may sometimes be conditional on the subscription of these offers. The establishment undertakes to inform in advance any client wishing to stay during a period including these dates.

7. FAMILY DISCOUNTS

7.1. Accommodation for the first child under 4 years of age is free of charge within the capacity of the parents’ suite.
For families arriving with one or more children over 1 and under 4 and/or 12, regular promotions, up to free accommodation, may apply. See our special offers.
7.2. Children conditions :
– 1st child under 4 years free in the parents’ suite
– Children under 12 years old: 50% of the adult price
– 12 years and over / additional adult: 75% of the adult price

8. THE MEANS OF PAYMENT, THE GUARANTEE

8.1. The amount of the services provided by the Service Provider must be paid by the Contracting Party before check-in. However, there may be the possibility of subsequent payment in case of a special agreement.
8.2. In order to guarantee the contractual use of the services provided and the payment of the amount for these services, the Service Provider may :
– request a credit card guarantee and block the value of the ordered and confirmed services on the credit card.
– request payment of a deposit corresponding to all or part of the participation fee.
8.3. The Contracting Party may pay its invoice in MAD, and/or :
– in any currency that the Service Provider displays as accepted. In this case, conversion and invoicing shall be made at the buying rate of the foreign currency valid on the day of the Client’s arrival at the bank holding the Service Provider’s account.
– The Service Provider accepts certain alternative means of payment to cash (credit card, and coupons, vouchers, etc. based on a separate agreement).
8.4. All costs relating to the application of any means of payment shall be borne by the Contracting Party, in particular for payments by non-Moroccan bank cards.

9. THE MANNER AND CONDITIONS OF USE OF THE SERVICE

9.1. The Client can occupy the room (Check in) on the day of arrival from 3 p.m. The Client must leave the room (Check out) before 12 p.m. (noon).
Unless he has subscribed to the “Late check-out” service: according to availability on the day of departure (Up to 3pm: 250 dhs – Up to 6pm: 500 dhs.) (Prices on 12/10/2020 subject to change). For a departure after 6 pm, the total price of one night is to be paid.
9.2. If the Client wishes to occupy the room on the day of arrival before 10 a.m., depending on availability, 50% of the previous night’s rate is payable by special arrangement.
9.3. The “all inclusive” formula starts with the snack on the day of arrival and ends with the lunch on the day of departure. The guest may have lunch on the day of arrival instead of the day of departure.
9.4. The swimming pools are open from 9am to 6pm. Pool towels are provided against a deposit of 150.00 dhs / towel (Price as at 25/10/2020).
At check-in, the client asks for a voucher to be given to the beach attendant’s office against the towel. The towel remains at the disposal of the client during the whole stay.

10. PETS

10.1. As a general rule, small pets (under 5 kg) may be brought to the accommodation of the Service Provider. They can be in the hotel room under the supervision of the Guest. They may use the common areas to access the rooms, however, access to other areas (restaurant, bar, lobby, etc.) is prohibited.
Guests are expressly requested to inform us in advance of the exact nature of the pet and to obtain an agreement from our reservation department. This description must correspond to reality, otherwise the reservation will be cancelled.
10.2. The Client is fully responsible for any damage caused by their pet.
10.3 For the accommodation of pets in the hotel room, the Service Provider will charge an additional fee by special arrangement. (100.00 dhs / night as of 25/10/2020)

11. REFUSAL TO PERFORM THE CONTRACT, TERMINATION OF THE SERVICE OBLIGATION

11.1. The Service Provider has the right to terminate the Contract for accommodation services with immediate effect and to refuse to provide services if :

– the Client uses the accommodation or the room provided in a manner that is not in keeping with the nature of the accommodation.

– the Client compromises the security of the hotel, disobeys the rules of the establishment, treats the hotel staff in a reproachful or rude manner, is under the influence of alcohol or drugs, or behaves in a threatening, abusive or unacceptable manner, or fails to comply with certain instructions during a pandemic.

– the Customer suffers from a contagious disease.

– the Contracting Party does not fulfil its obligation to pay the deposit specified in the Contract by the specified date.
11.2. If the Contract between the parties is not fulfilled for reasons of ‘force majeure’, the Contract shall cease. Any restrictions imposed by the Moroccan state shall be considered as force majeure.
The terms and conditions for the reimbursement of any overpayment or the remittance of a credit note shall be decided, depending on the case, at the discretion of the hotel.
The Contracting Party shall not be entitled to claim damages or benefits at a later date, in recognition of the hotel’s lack of responsibility.

12. PLACEMENT GUARANTEE

12.1. In the event that the Service Provider’s accommodation is unable to meet the services specified in the Agreement through its own fault (e.g. overbooking, temporary operational problems, etc.), the Service Provider is obliged to secure the Client’s accommodation without delay.
12.2. The Service Provider is obliged to;
a) provide/provide the services specified in the contract, at the confirmed rates and for the specified period – or at least until the end of the incapacity – in another accommodation of the same or a higher category. All additional expenses for the replacement accommodation insurance are to be borne by the Service Provider.
b) to provide the Customer with a free telephone call to communicate the change of accommodation.
c) to provide the Customer with a free transfer only from the airport to the replacement accommodation .
12.3. In the event that the Service Provider fulfils all its obligations in a complete manner and the Client accepts the proposed alternative accommodation, the Contracting Party shall not be entitled to claim any subsequent damages.

13. ILLNESS, DEATH OF THE CLIENT

13.1. In the event that the Client becomes ill or tests positive for a virus, even without any signs of illness, during the period of use of the accommodation services and is unable to act on his own behalf, the Service Provider offers medical assistance or is obliged to insure it.
13.2 In the event of the illness/death of the Client, the Service Provider shall claim compensation for the costs from the relatives, the heir of the sick/deceased or the payer of his/her bills. The compensation covers any medical and legal costs, the value of services used prior to the death, and any damage to equipment and furnishings caused by the illness/death. Eden Andalou has an on-site (day) nursing service: any call to the hotel doctor will be charged to the client. The same applies to any special assistance: ambulance, pharmacy, medicines, etc…

14. THE RIGHTS OF THE CONTRACTING PARTY

14.1 Under the Contract, the Customer has the right to use the room and the accommodation facilities that are part of the normal services and are not subject to special conditions.
14.2. During the stay in the accommodation, the Customer has the right to complain about the services provided by the Service Provider. During this period, the Service Provider undertakes to respond as soon as possible to all complaints that are submitted to him in writing (or that he has recorded in a report).
14.3. After leaving the accommodation, the Customer’s right of complaint ceases.

15. OBLIGATIONS OF THE CONTRACTING PARTY

15.1. The Contracting Party is obliged to pay the countervalue of the services ordered in the Contract within the period and in the manner specified in the Contract.
15.2. The Customer guarantees that children under 14 years of age who are under his responsibility will stay at the Service Provider’s hotel only under the supervision of an adult.
15.3. The Client is not allowed to bring food or drinks into the hotel’s facilities or rooms. It is also forbidden to use hotel drinks in the rooms and in the Aquapark (with the exception of bottled water from the All In, which may be consumed in the Aquapark).
All drinks served or taken (buffets) are deemed “to be consumed on the premises”.

16. THE CONTRACTING PARTY'S LIABILITY FOR DAMAGES

The Client shall be liable for all damage and inconvenience suffered by the Service Provider or a third party due to the fault of the Client, his companion or any person(s) for whom he is responsible. This liability shall remain in force even if the injured party is entitled to claim compensation for damages directly from the Service Provider.

17. THE RIGHTS OF THE SERVICE PROVIDER

In the event that the Customer does not meet his payment obligations in respect of the services used or ordered in the contract but not used and therefore liable to a penalty, the Service Provider – in order to secure his claim – has a right of lien on the Customer’s personal belongings which he had taken with him to the hotel.

18. THE OBLIGATION OF THE SERVICE PROVIDER

The Service Provider is obliged to :

to provide the accommodation and other services ordered on the basis of the contract, including all non-all-inclusive services, in accordance with the valid stipulations and service standards,
investigate the guest’s written complaint and take the necessary measures to deal with the problem, which he is obliged to also record in writing

19. THE SERVICE PROVIDER'S LIABILITY FOR DAMAGES

19.1. The Service Provider shall be liable for all damage to the Client which has occurred on the premises of the establishment through the fault of the Service Provider or its employees.
19.1.1. The Service Provider shall not be liable for damage resulting from an unavoidable cause beyond the control of the Service Provider’s employees and clients or which was caused by the Client himself.
19.1.2. The Service Provider may assign areas in the hotel where the Client is not allowed to enter. The Service Provider shall not be liable for any damage that may occur at these locations.
19.1.3. The Customer shall immediately report any damage that has occurred in the hotel and shall provide the Service Provider with all the information necessary to clarify the circumstances of the damage caused, to draw up a report or for the police investigation.
19.2. The Service Provider shall also be liable for damage suffered by the Client due to the loss, destruction or damage of their property, if this has been placed in places designated by the Service Provider, usually used for such purposes or in their rooms. The Service Provider is also responsible for the items which the Client has entrusted to one of the Service Provider’s employees whom he may believe to be authorised to receive his items.
19.2. 1 The Service Provider is not liable for the loss/theft of valuables in the suites, as all suites are equipped with a safe, free of charge.
19.2.2 The Service Provider shall only be liable for valuables, securities and money if the Service Provider has expressly taken possession of these things for safekeeping or if the damage has occurred due to a cause for which the Service Provider is liable in accordance with the general rules. In this case, the burden of proof lies with the Client.
19.3 The maximum amount of compensation is the sum of the daily rate of the contractual room multiplied by fifty, unless the damage is of a lower value than this.

20. CONFIDENTIALITY

In the performance of its contractual obligations, the Service Provider is obliged to act in accordance with the legislation of Morocco on the protection of personal data and the disclosure of information of public interest, as well as with the legal provisions on data protection, and with the internal regulations of the Contracting Party, in the event that the latter has informed the Service Provider thereof.

21. MAJOR FORCE

Any causes or circumstances (e.g. pandemic, government restrictions, war, fire, flood, severe weather, power shortage, strike) which are beyond the control of the party (force majeure), relieve all parties from the performance of the obligations under the contract until the cause or circumstance exists. The parties agree to do everything in their power to limit the possibility of such reasons or circumstances occurring to a minimum, and to repair the damage or delay caused as soon as possible.

22. THE APPLICABLE LAW TO THE LEGAL RELATIONSHIP OF THE PARTIES, JURISDICTIONAL COURT

The legal relationship of the Service Provider and the Contracting Party is subject to the provisions of the Moroccan Code of Civil Procedure. In any dispute arising from the service contract, the court of the place where the services are provided shall have jurisdiction.

23. WEBSITE

23.1 References and links
Le Palais Berbère has no influence on the design and content of third party sites to which links are placed on its site.
23.2 Copyright
The layout of the websites, the diagrams, images and logos used as well as the collection of individual contributions are protected by copyright. Any duplication or use of objects such as diagrams, images or texts in other electronic or printed publications is not permitted without the prior written consent of Le Palais Berbère
23.3 Cookies
When you visit our website, a persistent cookie (a small text file) is created and saved on your computer’s hard drive. The cookie allows us to recognise you when you visit our site so that we can improve your navigation on the site and personalise your online experience (automatic recognition, etc.).
23.4. Analytics
We use a web analytics tool that creates a set of data and tracks how visitors use our site. When you visit our site, we set cookies to record your searches on our site and to retrieve personally non-identifiable information. This tool allows us to improve your online experience and make our site more user-friendly. It is never used to collect personal information. Most web browsers automatically accept cookies, but you have the option of deleting or refusing them automatically. As each browser is different, you should refer to the “Help” section on your browser’s toolbar to learn how to set your cookie preferences. However, you may not be able to use certain features on our site if you choose not to accept cookies.

The Terms and Conditions have been read and approved by the Parties.