General terms and conditions of sale

Dar Housnia is a Limited Liability Limited Company, registered in the Commercial Register under no. 15705, whose registered office is at 2,3,5 derb Lalla Azzouna, Kaat Benahid, 40000 Marrakech-Medina, Morocco. Patente 45790012; I.F. 6508229; CNSS 6523220; ICE 000070785000093.

1. Preamble

1.1.   Dar Housnia (hereinafter referred to as the “Hotel”), operates the website www.dar-housnia.com (hereinafter referred to as the “Site”), developed by uni.vert.

1.2.   The Site allows the reservation of rooms in the hotel of which it is the producer.

1.3.   Other services may be booked through the Website at the hotel. The reservation is made directly between the client and the hotel.

1.4.   The customer declares having obtained from the hotel all the necessary information on the Website.

1.5.   Any reservation made by the Site implies full and unreserved consultation and acceptance of these General Terms and Conditions of Sale of the reserved rate.

1.6.   The customer’s agreement regarding these General Terms and Conditions of Sale of the reserved rate occurs at the time of booking; no reservation is possible without this agreement.

1.7.   The customer has the option to save and edit these terms and conditions using the standard features of his browser or computer.

1.8.   The Site mentions the following information:

• the legal notice enabling a precise identification of the hotel and indicating its name, the address where it is established, its e-mail address, its telephone number and its registered office;
• the essential characteristics of the accommodation offered;
• the additional services offered (valid only on the Website);
• the prices;
• the methods of payment;
• the general conditions of sale and the conditions of sale of the reserved tariff;
• the period of validity of the offer and the price thereof;
• the means of payment accepted.

1.9.   The main characteristics of the accommodation offered, the prices and the dates of availability of the accommodation are presented on each hotel file in the booking itinerary.

1.10. Prior to ordering the services, the customer declares that the reservation of these services is made for his personal needs.

1.11. As a consumer, the customer has specific rights, which would be called into question in the event that the reserved services are for purposes that fall within the scope of his commercial, industrial, craft or liberal activity.

1.12. All information accessible on the Site is presented in both English and French.

1.13. The Customer declares to have full legal capacity to be bound by these General Terms and Conditions of Sale.

2. Definitions

In the remainder of this Agreement, the following terms shall have the following meanings:

• “Acknowledgement of Receipt” means an email sent by the Site to the customer summarizing the reservation made by the customer and confirming receipt by the Site.
• “booking confirmation” means a dematerialised document that summarizes the characteristics of the services reserved by the customer via the internet, and by which he may enter his credit card number as part of a guarantee or prepayment. Acceptance of the booking confirmation contractually binds the customer.
• «client»: natural person acting for his personal or professional needs but not related to the hotel business.
• “consumer” means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
• “e-mail” means any message, in the form of text, voice, sound or image, sent by a public communications network, stored on a network server or in the recipient’s terminal equipment, until retrieved by the recipient.
• “Booking Request” means a request to book hotel rooms made by the customer via the internet.
• «online booking»: hotel room booking via the online booking voucher on the Website.
• «service»: reservation of hotel rooms whose essential characteristics are presented on the Site.
• “site” means an electronic service operated by the hotel on the internet and accessible at www.dar-housnia.com.

3. Subject of these general conditions of sale

3.1.   The general terms and conditions of sale define the rights and obligations of the parties in the context of the remote booking of services offered by Dar Housnia on its Website.

3.2.   These conditions of sale govern all the steps necessary for the booking and the follow-up of the booking between the contracting parties.

4. Scope of application

These general terms and conditions apply to all bookings made via the Website.

5. Duration

5.1.   These General Terms and Conditions of Sale shall apply for the entire period during which Dar Housnia publishes the Services on the Website.

5.2.   Dar Housnia reserves the right, without prior notice, to temporarily or permanently close the access to its Website or the online booking space.

6. Booking

6.1.   The client chooses the services presented on the Site.

6.2.   The client acknowledges having become aware of the nature, the destination and the terms and conditions for booking the services available on the Site and having requested and obtained the necessary and/or additional information to make the reservation in full knowledge of the facts.

6.3.   The customer is solely responsible for his choice of services and their suitability to his needs, so that the responsibility of Dar Housnia cannot be sought in this regard.

6.4.   The reservation is deemed to be accepted by the customer at the end of the booking process.

7. Booking Process

7.1.   Bookings made by the customer are made through the electronic booking form available online on the Website.

7.2.   The reservation is deemed to have been made upon receipt of the booking voucher or the booking request by Dar Housnia, or upon online prepayment by credit card.

7.3.   Prior to any reservation, the customer agrees to complete the information requested on the voucher or the reservation request.

7.4.   The customer certifies the veracity and accuracy of the information transmitted.

7.5.   The booking process includes the following steps:

• Step 1: search for room and rate;
• Step 2: selection, if applicable, of one or more additional services (valid only on the Website);
• step 3: verification of the details of the reservation, its total price, the applicable sales conditions and any adjustment of the choice (room, rate, additional service), in the case of the online reservation only;
• Step 4: Client contact information;
• Step 5: Enter the credit card in case of a guarantee request or prepayment;
• step 6: consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved tariff before the validation of the reservation;
• Step 7: validation of the reservation by the customer.

8. Acknowledgement of receipt of the reservation

8.1.   The Site acknowledges receipt of the customer’s reservation by sending an e-mail without delay.

8.2.   In the case of an online booking, the acknowledgement of receipt of the booking by e-mail summarizes the contract offer, the services booked, the prices, the conditions of sale related to the selected rate accepted by the customer, the date of booking made, as well as the address of the hotel to which the customer can submit his complaints.

8.3.   Any complaint relating to a reservation must be addressed in writing to the management of Dar Housnia sarl, 2 derb Lalla Azzouna, Kaat Benahid, 40000 Marrakech-Medina, Morocco.

9. Cancellation or modification by the customer

9.1.   The customer is reminded, in accordance with article L.121218 12° of the French Consumer Code, that he does not have the right of withdrawal provided for in article L.12121 of the French Consumer Code.

9.2.   The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation.

9.3.   Reservations with prepayment cannot be modified and/or cancelled. The sums paid in advance, the deposit, will not be refunded. In this case, it is mentioned in the conditions of sale of the tariff.

9.4.   Where the terms and conditions permit:

• cancellation of the reservation can be made by sending an e-mail to info.darhousnia@gmail.com;
• the modification of the reservation can be made directly with the hotel, whose telephone details are specified on the confirmation of the reservation sent by e-mail.

9.5.   In case of interruption of the stay due to the customer, the entire price of the stay will be cashed. In case of reservation with prepayment, no refund will be granted.

9.6.   Unless expressly provided otherwise, the guest must leave the room before 12.00 hours on the day of the end of the reservation. Otherwise, he will be charged an extra night.

9.7.   Any reservation is nominative and may not be transferred to a third party, whether free, expensive or commercial.

10. Stay at the hotel

10.1. In application of the regulations in force in Morocco, the client will be asked, on arrival at the hotel, to complete a police report. To do this, the client will be asked to present a piece of identification to complete the police card.

10.2. The client accepts and agrees to use the room as a good father. Also, any behaviour contrary to good morals and public order will cause the hotelier to ask the client to leave the establishment without any compensation and without any refund if a payment has already been made. If no payment has yet been made, the guest will have to pay the price of the nights consumed before leaving the establishment.

10.3. The hotel offers high-speed Wi-Fi (free) access allowing guests to connect to the internet. The customer agrees that the computer resources made available by the hotel will not be used in any way for reproduction purposes, representation, provision or communication to the public of works or objects protected by copyright or by a neighbouring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code where such authorisation is required. If the customer does not comply with the aforementioned obligations, he may be charged with an infringement offence, and will assume all the consequences in force in Morocco. The customer is also required to comply with the security policy of the hotel internet service provider, including rules for the use of the means of securing implemented with the aim of preventing the unlawful use of computer resources and refraining from any act affecting the effectiveness of those means.

11. Responsibility

11.1. The photographs presented on the Site are not contractual. Although every effort is made to ensure that photographs, graphic representations and texts reproduced to illustrate the hotel provide as accurate an overview as possible of the accommodation services offered, variations may occur, such as changes in furniture or possible renovations.

11.2. Dar Housnia cannot be held responsible for the non-performance or improper execution of the reservation in case of force majeure, by third parties, by the customer, in particular the unavailability of the internet network, impossibility of access to the website, external intrusion, computer virus or in case of prepayment not authorized by the holder’s bank.

11.3. Hypertext links may link to sites other than the Site, which disclaims any responsibility for the content of these sites and the services offered.

11.4. Any booking 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 customer.

12. Claims

Claims relating to the non-performance or improper performance of hotel services must, on pain of foreclosure, be brought to the attention of Dar Housnia, in writing, within seven days after the date of departure from the hotel directly with the hotel management.

13. Price

13.1. The prices for booking the services are indicated before and at the time of booking.

13.2. The prices indicated are per room for the number of person(s) and the selected date.

13.3. Prices are confirmed to the customer in VAT amount, in the commercial currency of the hotel (euros), and are valid only for the duration indicated on the Website.

13.4. If payment at the hotel is made in a currency other than that confirmed on the booking, the exchange fee shall be borne by the customer.

13.5. All reservations, regardless of their origin, are payable in the commercial currency of the hotel, unless special provisions are indicated on site.

13.6. Unless otherwise stated on the website, additional services (transfers, lunch, dinner, cosmetic treatments, etc.) are not included in the price and are payable on site in local currency (dirhams).

13.7. The tourist tax is to be paid in addition, directly on site at the hotel in local currency (dirhams).

13.8. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT will be automatically reflected on the prices indicated on the invoice date.

13.9. Any change or introduction of new legal or regulatory fees imposed by the competent authorities will be automatically reflected in the prices indicated on the date of the invoice.

13.10. Conversion into local currency (dirhams) is indicative and non-contractual. Only the price in euros confirmed at the time of booking is guaranteed. If the currency is different from that practiced at the hotel, any exchange costs will remain the responsibility of the client.

13.11. If a rate implies that payment is made at the hotel at the time of arrival or departure of the stay, and the currency of the guest is not the same as that of the hotel, the rate charged by the hotel may be different from that communicated at the time of booking, taking into account the possible change in exchange rates between the date of booking and the dates of stay at the hotel.

13.12. Dar Housnia will indicate the total amount of the order when confirming the customer’s reservation.

13.13. Certain promotional offers available on the internet are sold exclusively on the internet or only remotely and under no circumstances at the hotel reception.

14. Payment

14.1. The customer communicates his bank details as guarantee of the reservation except conditions or special rates, by credit card (Visa, Mastercard) indicating directly in the area provided for this purpose (input secured by SSL encryption), the card number, without spaces between the numbers, as well as its validity date (it is specified that the bank card used must be valid at the time of the stay) and the visual cryptogram as part of a prepayment via the payment platform. He must arrive at the hotel with the credit card that enabled him to guarantee the reservation or to make the prepayment. The hotel may also ask the guest to present identification for the purpose of preventing credit card fraud.

14.2. The payment is debited by the hotel before the stay as defined on the booking and the Rates page, except in the case of special conditions or rates where the payment is debited at the time of booking (online prepayment on certain rates). This prepayment is called a deposit. In the case of a non prepaid online rate, the hotel may ask the guest upon arrival for a security deposit or authorization to debit the credit card in order to guarantee payment of the amounts corresponding to the services consumed on site.

14.3. In case of “no show” (non cancelled booking – customer not present) of a guaranteed reservation by credit card, the hotel will charge the customer the total amount of the reservation on the credit card which was given as a reservation guarantee.

14.4. Dar Housnia has chosen HOTEL SPIDER to secure online payments by credit card. The validity of the customer’s payment card is verified by HOTEL SPIDER. There can be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, error of seizure… In case of refusal of the card, the customer must contact his bank on the one hand and the hotel on the other hand to confirm his reservation and his method of payment.

14.5. If the customer reserves several rooms but the prepayment is only necessary for one room, for example, in this case, the payment card that is used on the HOTEL SPIDER booking plugin will serve as a guarantee for the other rooms.

14.6. At the time of prepayment, the amount charged at the time of booking includes: the price of the accommodation and VAT related taxes. Tourist taxes are payable on site (as mentioned in point 13.7).

14.8. In the case of a fare subject to online prepayment, the amount paid in advance, constituting the deposit, is debited at the time of booking.

15. Respect for privacy

15.1. The customer is informed, on each of the personal data collection forms, of the mandatory nature of the replies by the presence of an asterisk.

15.2. In the absence of information identified as mandatory, Dar Housnia may not be able to register a reservation and manage the latter’s claims.

15.3. The information provided is for Dar Housnia.

15.4. Within the framework of pre-contractual measures for the reservation or the performance of the contract for the hotel reservation, the parties may, each in respect of themselves, be addressees of identity data, personal and professional life data, economic and financial information for the purposes of hotel reservations and claims management.

15.5. The customer authorises Dar Housnia to communicate his personal data to third parties on condition that such communication is compatible with the carrying out of the operations incumbent on Dar Housnia under these general conditions.

15.6. In particular during online payment, the customer’s bank details must be transmitted by the payment service provider HOTEL SPIDER to the hotel bank, for the execution of the hotel booking contract. However, the customer consents to this transfer necessary for the execution of his reservation. HOTEL SPIDER as a professional, have committed to Dar Housnia to take all measures of security and respect for the confidentiality of the data for said data transfers.

15.7. The customer has the right to object, without charge, to the use of the data concerning him for prospecting purposes, in particular commercial. It also has a right of opposition on legitimate grounds, a right of interrogation, access and rectification of data concerning it by writing to the hotel. In particular, the hotel may send its customers its newsletter (newsletter), promotional offers, a satisfaction questionnaire following a hotel stay, etc. , by making available to the customer an unsubscribe link at the bottom of each marketing email.

15.8. Dar Housnia implements the processing of personal data for the purposes of the prevention and security of property and persons and the fight against unpaid debts. In this context, the hotel may decide to include in the category of «inoperative» customers any customer with inappropriate behaviour corresponding to the following categories: aggression and incivility, non-compliance with the hotel contract, non-compliance with safety rules, theft, damage and vandalism or settlement incidents. These data are mandatory. The status of inoperative can lead the hotel to address a refusal of reservation to the customer when he will represent again, for a period, depending on the reasons, of 122 days or 450 days (in the case of physical or moral brutality towards the staff and/or the clientele, brawl within the hotel, insult, threat or threatening behaviour towards the staff and/or the clientele, noisy behaviour disturbing the clientele, decommissioning of security and/or safety equipment, improper activation of security equipment or other actions that pose security risks to personnel and/or customers). The data relating to the client’s identity and inoperative status are intended for the authorised staff of the hotel at the origin of the registration, in Morocco, a country that does not have equivalent protection. Flows to Morocco are contractually regulated by the standard contractual clauses from manager to subcontractor defined by the European Commission.

16. Evidence Convention

16.1. The entry of the required banking information, as well as the acceptance of these general conditions, the conditions of sale of the reserved rate and the voucher or the reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

16.2. Computerized records kept in Dar Housnia’s computer systems shall be kept under reasonable security conditions and shall be considered as evidence of communications, orders and payments between the parties.

16.3. The customer is informed that his IP address is recorded at the time of booking.

17. Relocation

In the event of an exceptional event or the impossibility of making the reserved room available to the guest or in case of force majeure, the hotel chosen reserves the right to have the guest accommodated totally or partially in a hotel of equivalent category, for services of the same kind and subject to the prior agreement of the client.

The eventual extra cost of the room and transport between the two hotels remain the responsibility of the chosen hotel.

18. Force majeure

18.1. Force majeure means any event external to the parties which is unpredictable and insurmountable and which prevents either the customer or the hotelier from fulfilling all or part of the obligations provided for in the contract. Cases of force majeure or fortuitous events are those usually recognized by the jurisprudence of the Courts of Marrakesh.

18.2. Neither Party shall be liable to the other Party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure shall suspend the performance of the parties’ reciprocal obligations and that each party shall bear the costs arising therefrom.

19. Dispute Resolution>

The customer is informed by Dar Housnia of the possibility to resort, in case of dispute relating to these general conditions, to a conventional mediation procedure or to any other alternative method of dispute resolution, chosen by the competent authorities of Marrakesh.

20. Applicable law

These General Terms and Conditions of Sale are governed by Moroccan law without impeding the imperative protective provisions, possibly applicable to the country of residence of customers.

21. All

21.1. These General Terms and Conditions of Sale, the Terms and Conditions of Sale of the Rate Reserved by the Customer, and the Voucher or Reservation Request express the full obligations of the parties.

21.2. No general or specific conditions communicated by the customer may be incorporated into these general conditions.

21.3. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the special conditions of the reserved tariff) and the present general conditions.

21.4. In case of contradiction between the booking voucher and the general conditions, the provisions contained in the booking voucher shall be the only ones applicable to the obligation in question.

22. Evolution/modification of the General Conditions of Sale by Internet

These terms and conditions of sale by internet may be modified and/or supplemented by Dar Housnia at any time. In this case, the new version of the General Conditions of Sale by Internet will be put online by Dar Housnia. As soon as it is online, the new version of the General Terms and Conditions of Sale will apply automatically to all customers.