1.1. « The Marrakech Villa Company Ltd » (a company registered in England and Wales under number 7602214) whose registered office is 3, Heron Place, East Grinstead, RH19 4TD (“we/our/us”) act as agents for the owners of the accommodation (“owner(s)”) featured on The Marrakech Villa Company website.
1.2. Reference made to “you/your” in these Booking Conditions means all members of the party named in the Provisional Booking Confirmation, including anyone who is added or substituted at a later date.
1.3. We accept no liability in relation to any contract you enter into for the accommodation or for any additional services (“Additional Services”) you purchase or for the acts or omissions of any Owner, their representatives, or supplier(s) or other person(s) or party(ies) connected with any “Additional Services”. For all “Additional Services”, your contract will be with the owner, their representative or the relevant third party provider with whom you book any such services, including transport or other facilities. We are not a property management company. Our contract with you is for the reservation and booking of your accommodation and is governed by the terms set out in these Booking Conditions. We/the Owner reserve the right to refuse a booking without giving any reason.
2. HOW TO BOOK A PROPERTY
2.1 We act as booking agents for property owners whose properties are featured on our Website.
Although we are responsible for processing bookings made through us , your contract for the letting of the property is with the Owner of the property and governed by the terms of the Rental Agreement that will be forwarded to you upon checking of availability of the property, as set out below.
Once you have found the property that you like and wish to book, you will need to check the availability of the property for the period of time you wish to rent the property. You must contact us via the “Enquire about this property” or “Book this Property” buttons or by telephone to obtain confirmation of availability. We will confirm by email whether the dates you want are available within 24h of receipt of your request.
2.1.2. Provisional Reservation
a) If the requested dates are available, a provisional reservation will be made with the Owner of your requested property on your behalf.
b) A provisional Reservation of a property with an Owner does not constitute a binding contract and no party will be bound by it.
c) If you decide to proceed with your booking, then you must follow the procedure outlined below.
3. BOOKING CONDITIONS
3.1 Once we confirm availability of the dates that you have requested and make a provisional Reservation on your behalf, we will email you.
a) The Rental Agreement with the Owner for your reserved property to which these Booking Conditions apply. The Rental Agreement contains conditions specific to the Property you will be renting from the Owner, including provisions such as any applicable breakage deposit (“Breakage Deposit”) and any other charges.
b) A Provisional Booking Confirmation which will include full payment details relating to your booking.
3.2 Should you wish to proceed with the booking, you must then send to us the following within 3 working days from the date of receiving the Provisional Booking Confirmation.
a) a signed and completed Provisional Booking Form by email or fax. The Provisional Booking Form confirms the details of your booking and the details of all relevant parties included in the booking who will be staying at the property;
b) a signed and completed Rental Agreement;
c) the deposit as set out below.
3.3 We will acknowledge receipt of the signed Provisional Booking Form and deposit by email.
3.4 The Provisional Reservaton will automatically expire 3 working days from the date of receipt of the Provisional Booking Confirmation. If your Provisional Booking Form and deposit are not received within this 3 working days period, we cannot guarantee that your booking will be accepted.
3.5 Customers making a booking will be deemed to have read and accepted these Booking Conditions together with any further conditions contained in the Rental Agreement and general information pages contained on our Website and any relevant documentation issued to you by us.
3.6 Receipt of the signed and completed Provisional Booking Form and Rental Agreement together with the deposit constitutes and offer to the Owner for the rental of the property as set out in the Provisional Booking Form and subject to the Rental Agreement. A binding contract will come into effect when a signed and completed Provisional Booking Form has been submitted to us by you, together with payment of the deposit or total payment and we have accepted the booking and issue you with a Receipt of Payment. We will process the deposit or total payment and issue you with a Receipt of Payment immediately on our acceptance of the Booking and receipt of cleared funds. The Receipt of Payment will be sent to the member of the party who signs the Provisional Booking Form (“Party Leader”). You must check this receipt carefully as soon as you receive it and contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later.
3.7 The Party Leader, by signing the Provisional Booking Form, certifies that he/she is over 18 years of age and is authorised to:
a) accept the Booking Conditions , Rental Agreement and general information pages;
b) make the booking detailed in the Provisional Booking Form;
on behalf of himself/herself and every member of the party named on the Provisional Booking Form including those members that are added or substituted at a later date.
4.1 Should you wish to proceed with a booking, a non-refundable deposit of 30% of the total booking price as notified to you in writing by us at the time of forwarding the Provisional Booking Form and Rental Agreement must be paid to us when returning the signed Provisional Booking Form within 3 working days from the date of receiving confirmation from us regarding availability.
4.2 The balance of 70% of the total booking price is due 8 weeks before your arrival date at the property, the date of which will be shown on your Receipt of Payment, and is payable to us. We and the Owner reserve the right to treat your booking as cancelled if you fail to pay the balance on time and we may apply the cancellation charges set out in clause 6 herein.
4.3 Subject to clause 4.4 below, for bookings made less than 8 weeks before the arrival date at the property, the deposit and the balance are payable at the time of booking. You must pay the total booking price of the property at the time to secure the booking.
4.4 Some properties have different arrangements for payment of the deposit and balance. If applicable, this will be explained to you at the time of booking.
4.5 We accept payment by non-UK residents in € Euros by bank-to-bank transfer. We cannot accept cheques, nor can we accept payments in $ US Dollars.
4.6 We accept payment by UK residents by bank-to-bank transfer, or cheque counter-credit at any UK branch of… We also accept payment b debit/credit card in £ GB Pounds Sterling, however please note that payment by credit card incurs a 2.5% service charge on your booking price. Payment by debit card is exempt from this service charge.
4.7 We accept the following payment cards:
5.1 All prices are quoted in £ GB Pounds Sterling per week unless otherwise stated and are exclusive of Valued Added Tax (if applicable), or any other levy or charge that may be applicable.
5.2 If paying in € Euros the rate of exchange will be supplied to you and will be based upon the prevailing rate at the time.
5.3 Our price is for accommodation only, with some inclusive services connected to the property (if applicable) which are noted on each property and in additional documents sent through with the Provisional Booking Form and the Rental Agreement. The prices are for one week, for the whole property (not price per person), as notified to you in writing by us at the time of forwarding the Provisional Booking Form and Rental Agreement. Housework may not be included in the booking price and details of this will be set out in the Provisional Booking Form and in the Rental Agreement. Any additional charges (eg. Breakage Deposit at clause 11) must be paid to the representative of “The Marrakech Villa Company” upon arrival unless otherwise stated in the Rental Agreement.
5.4 Any prices quoted are subject to change prior to booking and you will be advised of the current total booking price of the accommodation that you wish to book before the contract is confirmed by the Receipt of Payment.
5.5 There is no telephone (or land-line for internet) provided unless otherwise stated.
6. CANCELLATION BY YOU
6.1 In the event of cancellation by you, cancellation charges will be imposed as detailed below.
6.2 Any cancellation by you (for whatever reason) must be in writing (including email or fax). Such notification must be signed by the Party Leader and sent to us, which we will then forward to the Owner directly. The cancellation charge will be calculated from the day written confirmation is received by us. We take no responsibility for non-delivery or non-receipt of the notification of cancellation from you.
6.3 If you cancel 8 weeks or more prior to your arrival date at the property, you will only loose your deposit. It is therefore essential that you take out adequate holiday insurance. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim the loss of your deposit from your insurance company, however such claims must be made direct to the insurance company concerned and do not affect the terms of these Booking Conditions. It is your responsibility to ensure that you have the requisite insurance policies in place.
6.4 If you cancel less than 8 weeks prior to the arrival date at the property and after the full amount of the booking price has been paid, the Owner will refund you directly in the manner set out in the terms and conditions of the Rental Contract. The amount to be refunded will be in accordance with the following sliding scale:
|No of days before start of holiday that written notice of cancellation is received by us||Amount forfeited as % of total rent|
|Before 56 days/ 8 weeks||the 30% deposit|
|42 to 56 days /6-8 weeks||30% deposit + 35% = 65%|
|Less than 28 days / 4 weeks||100%|
7. ALTERATIONS BY YOU
7.1 If after we have issued a Receipt of Payment to you, and up to 8 weeks prior to your arrival date at the property you wish to alter your booking in any way, please let us know immediately. We will endeavour to make these changes however it may not always be possible. Any requests for changes to be made to the booking must be sent in writing to us and signed by the Party Leader. Changes are subject to availability.
7.2 If the change made results in an increase in the cost of the booking price and the change is made prior to 8 weeks before your arrival date at the property, there will be an increase in the balance payment payable 8 weeks before your arrival date at the property.
7.3 Any change made less than 8 weeks before your arrival date at the property may be treated as a cancellation of the booking, to which the cancellation charges set out in clause 6 will apply, and rebooking may be required. If the rebooking occurs less than 8 weeks before your arrival date at the property, the full price of the holiday will be payable at the time of the rebooking.
7.4 If you are prevented from travelling to the property you booked by genuine circumstances (e.g. insurable risks or other circumstances beyond your control), you may transfer your booking to another person provided they meet all the requirements relating to that booking, that the booking arrangements remain the same and subject always to the Owner of the property booked agreeing to accept the name change. If the Owner of the property booked does not accept a transfer of the name to another person, than such request to transfer will be deemed to be a cancellation of the booking and will be subject to the cancellation charges set out in clause 6. You must provide proof of why you are unable to travel at the time you request to transfer the booking. The booking cannot be transferred within 14 days of your arrival date at the property.
7.5 Bookings may not be transferred to another person in any other circumstance. In the event of you transferring your booking to another person, you are jointly and severally liable for payment of the booking price and other associated expenses. The person to whom the booking is transferred must agree to be bound by these Booking Conditions and will be required to complete a Booking Form.
8. CANCELLATION BY THE OWNER
8.1 We may have to make changes to your booking and reserve the right to do so at any time. Such changes may be minor, and we will inform of them as soon as reasonably possible. If we make a major change to your booking, we will inform you as soon as reasonably possible if there is time before your departure and you will then have the choice of either accepting the change to your booking, alternative accommodation of comparable standard if available, or cancelling your booking and receiving a full refund of all monies paid to us.
8.2 We reserve the right to cancel a booking in any circumstances. However we will not cancel a booking less than 8 weeks before your arrival date at your property unless:
a) reasons of force majeure make the booking impossible, these can include (but are not limited to) Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster, war threat of or preparation for war, armed conflict, impositions of sanctions, embargo, breaking off diplomatic relations or similar actions, terrorist attack, civil war, civil commotions or riots, nuclear, chemical or biological contamination or sonic boom, mandatory compliance with any law, fire, explosion or accidental damage, loss a sea, adverse weather conditions, epidemics, or health risks, any labour dispute, including but not limited to strike, industrial action or lockouts, interruption or failure of utility service, including but not limited to electric power, gas or water, collapse of building structure, failure of equipment or machinery, computers, or vehicles, technical or maintenance problems with transport, non-performance by suppliers or subcontractors, or other similar events beyond our control;
b) you do not pay the balance of the booking price in accordance with these Booking Conditions
8.3 In the event of a) above, upon cancellation we will return all monies paid by you to us, or we will offer you alternative accommodation of comparable standard.
8.4 We will not pay compensation in addition to your refund if we are forced to cancel or change your booking due to situations outlined at a) above.
9.1 Many Owner will only accept bookings for a minimum of 1 week (especially in High Season).
9.2 Properties are let fully furnished and equipped. Additional services are clearly stated in the individual property description attached to the Rental Agreement.
9.3 We and/or the Owner reserve the right to make changes to and correct errors in advertised prices for the rental of the property at any time before your booking is confirmed. We will advise you of any error of which we are aware of at the time of booking.
10. ARRIVAL & DEPARTURE
10.1 Change-over days for properties are on Saturday or Sunday unless otherwise stated. 10.2 The property you have booked will be available to you at the times detailed in the Rental Agreement on your arrival date at the property and until the departure time shown in your Rental Agreement on the day of your departure. If you are unable to arrive at the time stated or wish to arrive earlier than the time detailed in the Rental Agreement to drop off baggage while you go out until the arrival time please notify us beforehand. If you are delayed en-route, please telephone us (if possible) to let us know your expected time of arrival.
11. BREAKAGE DEPOSIT
11.1 A Breakage Deposit may be required to cover the cost of any damages or breakages to, or at the property, and the cost of any additional cleaning, the cost of telephone and/or other services/utilities that are not included in the booking price. Some properties may have inventories of furniture, etc, therefore you should check this at the beginning of your stay at the property and you should check this again before you leave at the end of your stay to ensure that all things on the inventory at the beginning of your stay are left as described in the inventory at the end of your stay.
11.2 The Breakage Deposit is payable upon your arrival at the property. The method of payment is detailed in the Rental Agreement. 11.3 Depending on the terms of the Rental Agreement, it may take up to 15 days after your departure from the property to return any Breakage Deposit to you. Delays can be caused whilst waiting for proof of damage. In the event that the Rental Agreement allows you to collect your Breakage Deposit on the day of your departure, please notify the Owner if you want to leave before the departure time shown in your contract on the day of departure, so they can return your Breakage Deposit if it was taken in cash and it is to be returned on the day of departure. If you leave early without giving notification at least 3 days in advance, any banking charges incurred by the Owner or their representative when returning your Deposit will be deducted from your Breakage Deposit.
11.4 The cost of utilities and/or other services used by you or any damage caused by you will be deducted from the Breakage Deposit and the remaining balance will be returned to you. If the Breakage Deposit paid by you is not sufficient to cover the cost of such utilities and/or services or damage, the Owner is entitled to recover any additional costs from you.
11.5 Some damages may not be immediately obvious to the Owner or their representative upon your departure. The Owner reserves the right to charge you for any damage noted in the property after your departure.
11.6 The Owner reserves the right to hold the Breakage Deposit for longer than 15 days if there is a dispute over damage, or if they are awaiting bills/proof of damage.
11.7 Any complaint regarding the retention of your Breakage Deposit should be addressed directly to the Owner. We cannot accept any responsibility or enter into any negotiations regarding this aspect of your contract with the Owner or their representative.
12. YOUR RESPONSIBILITIES: PERSONAL LIABILITY INSURANCE
12.1 You must keep the property and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the commencement of your stay at the property, and in the same state of cleanliness and general order in which it was found. You will be responsible for the payment of any breakages, loss or damage to the property caused by you.
12.2 You must take out adequate insurance to cover any such losses as set out in clause 13.1. The Owner reserves the right to make deductions from the Breakage Deposit for any extra cleaning required that exceeds the number of hours committed to standard “end of stay” cleaning and to claim against you for the claim of damage or loss which exceeds the Breakage Deposit.
12.3 Should you or other members of your party or guests cause any damage to the property, its contents, grounds, or any third party, then you will be deemed responsible for such damage.
12.4 Non-EU residents (eg. USA) should check with their own home insurer to see if they are covered for personal liability when they are travelling abroad.
12.5 Only the Party Leader needs to be covered for personal liability so long as they accept responsibility for the actions of all other members of the party. In any event we would still advise all members of the party to have travel insurance to cover them from baggage loss, health and emergency repatriation, cancellation through ill-health or bereavement.
12.6 All properties are cleaned before letting, however you are responsible for keeping and leaving the property, including the grounds, in a tidy condition. You are not expected to hoover and/or mop everywhere, but as a minimum you are expected to leave bathroom appliances and the kitchen (all tableware utensils and appliances like the oven and fridge) completely clean, and not to leave litter in the garden..
12.7 You are responsible at all times for the safety and behaviour of your children, especially with regard to swimming pool safety. Even if the pool area is fenced or has an alarm, accidents can and do happen. Young children must to be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool.
13. NUMBER OF PEOPLE USING THE PROPERTY
13.1 The maximum number of occupants for each property is indicated in the property description and Rental Agreement and must not be exceeded under any circumstances. In the event of failure to comply with this provision, the Owner or their representative shall be entitled to ask you to leave the property without refund of monies paid or any other liability whatsoever to you.
14.1 The Party Leader is responsible for the correct and decent behaviour of each member of the party and will indemnify us and the Owner against any loss or damage caused by you or any member or your party. Should you or a member of the party not behave in an acceptable manner, the Owner may use their absolute discretion to exclude from the property the person(s) concerned and/or terminate the Rental Agreement applicable to the property. In this situation, the person(s) concerned will be required to leave the accommodation. Neither we nor the Owner will have any further responsibility towards such person(s). No refunds will be made and neither we nor the Owner or their representative will pay any expenses or costs incurred as a result of the termination.
14.2 The Owner is also entitled to ask you to leave the property without any refund if, if in their reasonable opinion, your behaviour is unacceptable (i.e. drunken or loutish behaviour).
The Owner shall be allowed access to inspect the property prior to your departure. They also have the right to access the property during your stay to carry out urgent maintenance. Gardeners and pool maintenance staff have a similar right to enter the property during your stay to carry out their duties.
16. ADDITIONAL SERVICES AT THE PROPERTY
Some additional services at the property are included in the booking price. However, if they are not included and you would like us to book those services, please give us as much notice as possible. Please note however that we do not take any commission, nor do we act as agent in respect of these services. Any contract you enter into for these services is with the supplier of the services concerned. We cannot accept responsibility for these services. Payment for these services is normally made on site, although some suppliers may require a deposit to be paid prior to departure for items such as food. Where the supplier asks us to collect and pass on such deposits to them this does not give rise to any liability on our part for those services.
17.1 Beach and pool towels are sometimes not provided. Please check with us before departure.
17.2 We recommend that you take your own cot linen for your baby´s comfort. If you do not wish to take your own, please check that cot and cot linen is provided prior to booking.
18. SWIMMING POOLS AND GYMS
18.1 Swimming pools are normally open all year round. However if your rental period is outside July & August, please check with us that the pool is open, filled and ready for use for the period that you wish to stay at the property. We cannot be responsible for low water temperatures or any problems with any swimming pools and gyms at any period.
18.2 Please note that swimming pools carry their own inherent risks. Upon arrival at the property you and all members of your party must take time to familiarise yourselves with the location, layout, and depths of any swimming pool(s) at the property. Please take note of any pool warning signs, depth markings and other instructions for use, which may be displayed. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool.
18.3 You must ensure that all members of the party are familiar with any pool protection in place. You are fully responsible for ensuring that the alarm/fence or cover (if applicable) is in place at all times when the pool is not in use.
19. SOCIAL EVENTS AND OTHER FUNCTIONS
If you intend to organise a function (e.g. party, wedding, cocktail party, birthday) at the property, you must seek prior written permission from us and/or the Owner.
Additional charge and/or and increased Breakage deposit may be sought from you if you wish to organise such a function, at the Owner discretion´s.
20. SECURITY AND VALUABLES
Any valuables left at the property are left at your own risk. Neither we nor the Owner are responsible for any loss. It is essential and your responsibility to ensure all doors, shutters, windows are closed and locked when leaving the property.
21. TRANSPORT SUPPLIERS
21.1 We are not responsible for arranging your transport to and from the property, however we can assist in arranging airports transfers to and from the property. Payments and contracts for these services are paid directly to the provider and do not form any part of your agreement with us under these Booking Conditions or with the Owner under the Rental Agreement. We are not liable for any services provided by any third party.
21.2 We cannot accept any responsibility for any problems arising out of any transport services. Any contract you enter into for transport services is with the supplier of the services concerned. Notifying you of any transport suppliers by us or other service you book does not mean however that we have sold you a “package” or that we are an “organiser” of packages as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992 (“Package Travel Regulations”).
22. DESCRIPTIONS AND INFORMATION
22.1 Whilst we make every effort to ensure the descriptions and photographs of properties are accurately reproduced on our Website, we cannot accept responsibility for any descriptions or photographs which contain inaccurate, incomplete or misleading information or errors and which have been supplied by the Owner. You must accept that minor differences between the photograph/illustration/text used and the actual property may arise. Where we state that we have personally inspected the property (ies), this is to ensure that they are of the general standard of property we wish to include on our Website and it is your responsibility to ensure that the property is suitable in all respects for your needs or those of your party.
22.2 We do not accept responsibility for any descriptions which contain inaccurate, incomplete or misleading information or contains errors and which have been supplied by us (as opposed to the Owner), except where this arises out of our negligence, or by any fraudulent misrepresentations, or that of any of our employees (providing they were at the time acting within the course of their employment). You must accept that minor differences between the photographs/text used and the actual property may arise.
22.3 Owners and their representatives reserve the right to make modifications to the property specification and the visual aspect of the property. This may include any aspect of change, including the continual improvement of the property by Owners and the alteration of furniture, amenities, facilities, or any part of any activities, either advertised or previously available, without any prior notice.
22.4 If we become aware of material changes after your booking has been confirmed we will advise you of these soon as practicable prior to your departure.
22.5 Distances given on the Website relating to properties are approximate. Times for travelling given on the Website are also approximate and are based on driving, not walking.
23.1 On arrival, should you find any fundamental discrepancy between the description provided on the Website and the property itself, or that any of the amenities listed in the property description are damaged or broken, or if you have any other cause for concern (e.g. issues of safety) please bring it to our attention immediately so that we can resolve the problem, but also so that you are not blamed for any damage that may have been caused by previous tenants.
23.2 If you are unable to contact the Owner, please contact us. You must give the Owner the opportunity to try to resolve any problems or complaints you may have whilst you are at the property. Failure to inform relevant people of any issues as soon as possible may result in the Owner´s ability to resolve the matter or your ability to make any claim, being extinguished or at least reduced. Any refusal of any reasonable rectification may also prejudice your rights to compensation or repayment. Please note that the Owner may need time to make arrangements.
23.3 Owners/representatives/repair people must be given access to the property if you have a problem. We reserve the right to contact the Owner/representative/other supplier at any time during this process, and you must agree to meet with the Owner/ representative directly to discuss any situation which may arise.
23.4 Complaints received at the end of the holiday will be processed, but there is no guarantee that your complaint will be upheld if there has been no attempt by you to try and resolve any issues which you wish to complain about whilst you are at the property and in accordance with this clause 23.
23.5 We will not become directly involved in any disputes between the property Owner and you, but may be called upon as an independent arbiter if necessary. We do not want to have dissatisfied customers and consider it part of our service to try to put right any complaints you may have. We will endeavour to act as intermediary in the case of disputes, but we do not accept any responsibility for them or the outcome of them.
23.6 If the problem was not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing to us within 7 days of your return, giving your booking reference and all other relevant information and details of how you attempted to resolve matters whilst on holiday in accordance with this clause
23. We will forward your written complaint to the Owner and will, within reason, liaise with the Owner to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property you may have. However, it is your responsibility to take the complaint up with the Owner directly if no satisfactory settlement can be reached.
24. OUR LIABILITY AND THAT OF THE OWNER
24.1 As we act only as agent for the Owner, we cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by, the Owner. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all the properties are within the sole control of the Owner. If you have any complaints regarding any services we provide (as opposed to any provided by the Owner), you must inform us immediately in writing and in any event within 7 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by any third party such as an Owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question.
24.2 Nothing in these Booking Conditions excludes or limits our liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment, or for fraudulent misrepresentation.
24.3 The description of the rental property and facilities at a property are based on the information provided to us by the Owner, who certifies that the information provided is correct. We may not be held liable for any fault on the part of the Owner in this regard, or for any changes affecting the rental property or its surroundings which have not been brought to our attention by the Owner before you occupy the property. Our role is limited to acting as a booking agent and we shall not be liable as a result of any act by the Owner or you in this regard.
24.4 Neither we nor the Owner can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner´s control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance.
24.5 We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity. If you encounter problems with such equipment whilst you are at the property, then you should contact us immediately you encounter such problems in order to provide the Owner with the opportunity to try and rectify any faults.
24.6 Neither we nor the Owner can be held responsible for disruption of local service beyond our or their control, for example water supply, electricity and telephone, nor for temporary noise nuisance such as road works
24.7 Neither we nor the Owner can accept liability in any circumstances where performance of the contract is prevented by reason of circumstances beyond our or their reasonable control, such as circumstances of â€˜force majeure´ as set out in clause 8 above. Swimming pools and gardens do have to be maintained and this may occur during your stay without notice. Notice of fêtes, festivals and local celebrations or events is not automatically given and may result in increased levels of traffic and subsequent noise. We cannot be held responsible for any seasonal increase in traffic levels, noise or disturbance. Building or road works may take place in the vicinity or the property.
24.8 We cannot accept responsibility for death, personal injury or fraudulent misrepresentation, in the event of our being liable under these Bookings Conditions, such liability shall be limited to the return of the sums paid to us.
24.9 Except for liability for death, personal injury or fraudulent misrepresentation, in the event of the Owner being liable under the Rental Agreement, such liability shall be limited to the return of the sums, paid to us or the Owner for the rental period.
25.1 you must ensure that you and all members of your party have sufficient travel insurance in place to cover you, together with your personal property, at all times and for the all potential risks. You must ensure that your insurance covers you for the full duration of your holiday including, but not limited to, medical expenses, injury, death, repatriation, cancellation and curtailment, and in respect of any sports or activities that you wish to do whilst on your holiday.
25.2 We cannot be held responsible for any problems arising out of the organisation of insurance.
26. DATA PROTECTION
27. YOUR FINANCIAL PROTECTION
In accordance with EU directive 90/314/EEC all passengers booking with “The Marrakech Villa Company Limited” are fully protected against the loss of all monies paid to us for the holiday (and repatriation if required) due to insolvency, by way of an Insurance Policy.
28. PASSPORTS, VISA, DOCUMENTATION, HEALTH REQUIREMENTS
28.1 It is your responsibility to ensure that you and all members of the party are in possession of valid passports and all necessary travel and health documentation required for the entirety of your journey before departure. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
28.2 The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website at www.fco.gov.uk. For the latest passport requirements for British citizens please call 087 521 0410, view www.ukpa.gov.uk or collect information at your local post office. If you or any member of your party is not British citizen, you must check passports and visa requirements with the embassy of consulate to Morocco or any country you intend to travel through. Neither we nor the Owner accept any liability if you or any member of your party are refused entry onto any transport or into any country because you have not complied with any passport, visa or immigration requirements.
28.3 British citizens should obtain a European Health Insurance Card (EHIC) when travelling overseas, which now replaces for the Form E111, prior to your departure. For non-UK clients, please contact your national health Department. You can apply for an EHIC three ways: online, over the phone, or by collecting a postal application for from the Post Office. The DoH website for applications is www.dh.gov.uk/travellers. And the number to call is: 0845 6062030. You MUST obtain additional health / travel insurance when travelling to Morocco as it is outside the European Union countries covered by the EHIC.
29. THIRD PARTY RIGHTS
The parties confirm their intent not to confer any rights on any third parties by virtue of these Booking Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Booking Conditions.
30. GOVERNING LAW AND JURISDICTION
These Booking Conditions, and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Booking Conditions or their subject matter.
“The Marrakech Villa Company” we are a UK registered company (under number 07602214) – in accordance with EU regulations we are insured for professional indemnity cover.