Booking Terms & Conditions
Booking a villa is quite different from booking a hotel room or a packaged tour, especially with regard to payments and booking cancellations. Please do read the following booking terms and conditions including its 22 points carefully.
Marrakech Luxury Stays Group LLC (US, Company Registration: #7424582) further named “MLS” act as booking agent for the Villa and its Owners or their representatives further named “OWNER” in arranging the bookings for furnished and staffed vacation villas. Each time a Guest confirms a booking of a villa through MLS, either directly or through a travel AGENT, a Direct Rental Contract is entered into between OWNER for the provision of an accommodation for the agreed rental period, and the Guest in whose name the booking is made, further named the “GUEST”. The GUEST must be at least 18 years of age at the time of booking, and guarantees that it has the authority to accept on behalf of himself and all members of his party these Terms & Conditions. If the Booking confirmation is done through a travel AGENT chosen by the GUEST, it is
1 – Proforma Invoice: Upon receipt of a booking request, MLS will issue and E-mail on behalf of OWNER a booking Proforma Invoice to the GUEST or his travel AGENT (if the GUEST has chosen to book through such AGENT), indicating the Villa Booked, the name of the GUEST, the Arrival and Departure Dates, the Enquiry/booking reference, the Proforma Invoice number and date, the total number of persons in GUEST’s party, the services included, the Total Booking Amount including applicable taxes and service charges, the Payment Notes, and the Booking Terms and Conditions. The Proforma Invoice is sent by MLS on behalf of OWNER and contains the specific and only valid version of these Booking Terms & Conditions which supersedes any other version. MLS’s E-mail to the GUEST or its travel AGENT, containing the Proforma Invoice is sent from the domain “@marrakechluxurystays.com”, signed and authenticated by marrakechluxurystays.com’s public DKIM cryptographic key (https://dkim.org).
2 – Booking Confirmation Deposit: To confirm the Villa Booking the GUEST must make a Booking Deposit to MLS within 5 days of the Proforma Invoice date and before arrival date, either directly or through his travel AGENT. If the below booking deposit payments are not received in time, MLS will void the booking request. The following booking deposit amount must be received by MLS:
- For bookings where the Arrival Date is 61 days or more after the Proforma Invoice date, a Booking Deposit of 50% of the Total Booking Amount must be paid.
- For bookings where the Arrival Date is 60 days or less after the Proforma Invoice date, the Total Booking Amount (100%) must be paid as a Booking Deposit.
The Payment of the Booking Deposit constitutes the acceptance by the GUEST of these Booking Terms & Conditions.
3 – Balance Payment: Where a 50% deposit applies to the booking, the GUEST must pay the remaining 50% balance of the Total Booking Amount not less than 45 days before the Arrival Date stated on the Proforma Invoice.
4 – Booking Acceptance: On receipt of the Booking Deposit, MLS will E-mail a Booking Deposit Receipt to the GUEST or his AGENT on behalf of the OWNER. This is the formal acceptance by the OWNER and MLS of these Booking Terms and Conditions.
5 – Cancellation: A cancellation fee equal to 50% of the Total Booking Amount will be charged by the OWNER on any full or partial booking cancellations made by the GUEST 61 days or more prior to the Arrival Date. If the GUEST’s cancellation is made within 60 days of the Arrival Date, or in case of no-show, a cancellation fee equal to 100% of the Total Booking Amount will be charged. If payments are not received on or before the due dates as required herein, the GUEST will be deemed to have cancelled the booking, in which case the Rental Contract will be thereby terminated without any further notice required. When Vouchers or Credit-Notes with a total value exceeding the cancellation fee were redeemed and applied as payment to the booking cancelled by the GUEST, the full value of the applied Vouchers/Credit-Notes will be charged as cancellation fee and forfeited by the GUEST. Please note our recommendation below to take out a travel insurance policy that would cover the GUEST in case of a cancellation due to personal unexpected circumstances.
6 – Booking Amendments: Once a Booking Confirmation Deposit has been received, a fee will apply to each amendment made upon GUEST’s Request. Please note that reducing the Rental Period is not an amendment but a partial cancellation. A change of dates, with no overlap with the originally booked period is also not an amendment, but a full cancellation. MLS and the OWNER will do their best to accommodate any reasonable amendment, but the GUEST should be aware that some amendments might not be possible. When such an amendment is possible, related amendment fees are determined on a case by case basis.
7 – Travel Insurance: MLS strongly recommends that the GUEST takes out a comprehensive travel insurance at the time of booking to protect the GUEST and all those accompanying the GUEST for the full time of the GUEST and party visit against illness, including evacuation, injury, death, loss of baggage and personal items, theft, cancellation and other travel contingencies. Please note that transportation is supplied by providers who operate independently of MLS and MLS assumes no responsibility, therefore, for any loss, injury, or damage to person or property due to acts of those providers. The Villa rental does not include any Travel Insurance.
8 – . Substitution: In the unlikely event that the OWNER is unable to provide the GUEST with the Villa booked by the GUEST, MLS will inform the GUEST or its travel AGENT at the earliest possible date. BLV reserves the right to transfer the GUEST and their party to an alternative property of similar type and value, in consultation with the GUEST and the OWNER. If comparable accommodations are not available or acceptable to the GUEST, the OWNER will refund the GUEST of all prorated rent and tax paid for the originally booked Villa. Under no circumstances shall the OWNER or MLS liability to the Guest exceed the amount paid to the OWNER for the rental period.
9 – Payment Methods: Payments can be made by Bank Wire Transfer or Credit Card Debit Authorization.
- Payment by Bank Wire Transfers: all bank transfers must be effected in the currency indicated in the Proforma Invoice. All bank transfer fees are to be charged to the Guest’s bank account or his travel AGENT including correspondent bank charges. The GUEST or his AGENT must E-mail a copy of the bank wire transfer to billing@marrakechluxurystays.com.
- Payment by Credit Card Debit Authorization: available by Visa, and Master Card. MLS will apply a convenience fee for card payments . Applicable convenience fees are indicated in the Proforma Invoice.
10 – Rental Check-in time is 3:00 pm and Check-out time is 12:00 am. MLS will work with the OWNER to try to accommodate the GUEST’s actual arrival and departure times, subject to availability. A surcharge of 50% of the daily rate is applied for check-out from 12:00 am until 4:00 pm and full one daily rate if check-out after 4:00 pm. This surcharge will be included on the Proforma Invoice. For a last minute late check-out request, if such a request can be satisfied, the payment can be settled by credit card or cash at time of departure.
11 – Price Fluctuation: Once the GUEST’s booking is confirmed, the price of the Villa rental is fully final, except if any government or regulatory body imposes new taxes which were unknown at the time of booking confirmation. MLS will inform the guest or its travel AGENT promptly in the unlikely event that it becomes aware that any such taxes will apply to the GUEST’s booking.
12 – Additional Expenses: The cost of electricity, water, cleaning and garden supplies, and local taxes are included in rental rates. There are generally no additional costs, surcharges, taxes & service charges, staff salaries, or management fees above the price indicated in the Proforma Invoice unless otherwise stated in the Proforma Invoice. All Villa rental rate inclusions are noted on the Proforma Invoice. Typically telephone, meals, laundry and other provisioning costs will be the GUEST’s responsibility. The staff at the Villa may accommodate any reasonable requests to purchase food and drinks on the Guest’s behalf, and this will be charged to the GUEST. Chefs will require an advance payment for both grocery shopping and beverages. GUEST shall pay them directly. Gratuities for household staff are encouraged and normal, but are left entirely to the GUEST’s discretion.
13 – Damages, Losses: The GUEST is responsible for leaving the Villa in good order and in a clean condition. The GUEST further undertakes to pay for any damage or losses incurred during occupation. The management company reserves the right to repossess the Villa if the GUEST or a member of the GUEST’s party has caused excessive damage or mess to the Villa.
14 – Valuables and Security: Any GUEST valuables or property left or used at the Villa are at the GUEST’s own risk. Neither MLS, nor the OWNER accepts anyresponsibility for loss of or damage to GUEST property. The GUEST is responsible for the Villa during the Rental Period, and must ensure that all windows and doors are locked securely when not on the premises, even when security staff is provided. Any act or omission by the GUEST, their party and/or visitors which may negate or prejudice the Villa’s insurance policy and/or results in loss or damage is the GUEST’s responsibility.
15 – Use of Villa & Guest Registration Form: The Villa provided is only for the use of the persons named by the GUEST on the guest registration form without exceeding the total number of persons indicated on the Proforma Invoice. Subletting, sharing or assigning is prohibited and will be deemed as a breach of contract and all guests may be asked to leave the villa without any claim for compensation. Any persons not named on the guest registration form will, in all cases, be asked to leave the Villa by the Villa Manager. The GUEST shall use and occupy the Villa as a private vacation residence only, and for no other purposes. Illegal and immoral practices in the Villa are strictly prohibited. The GUEST must restrain from any act on or in the Villa which contravenes any of
the laws of Marrakech and Morocco. No pets are allowed unless agreed in writing in advance.
16 – Conduct and Due Care: The GUEST must respect the Villa and its neighborhood, and ensure that his party and visitors to the Villa behave appropriately. OWNER rents to family groups and responsible adults only. If in the reasonable opinion of the OWNER or MLS, the GUEST or any member of his party behaves in such a way as to cause or be likely to cause danger, unlawful behavior, upset or distress to any third party or damage to the Villa, MLS and the OWNER are entitled, without prior notice, to terminate the stay of the GUEST concerned. In this situation, the GUEST concerned will be required to leave the accommodation or other service. MLS and the OWNER will have no further responsibility toward such GUEST. No refunds will be granted and neither the OWNER nor MLS will pay any expenses or costs incurred as a result of the termination.
17 – Parties or special functions at the Villa: If the GUEST is planning to hold a dinner party or special function exceeding the maximum number of guests indicated in the Proforma Invoice, please ask MLS for assistance since functions or parties require special permission from the OWNER and the local community. Charges apply depending on size of function, catering company and equipment required. For larger functions, extra costs may apply such as special permit fees and extra staff hire. Please contact MLS for more details & special requirements.
18 – A Security Bond in form of a Credit Card Debit Authorization form is necessary for any damages or unpaid telephone, food, laundry and car tour charges incurred by the guest during their stay. This security bond will be used to cover all additional expenses incurred on the Guest’s behalf , and to cover the cost of replacement or repair for any loss or damage to the Villa its vehicles or its surrounds or contents caused during the Rental Period.
19 – Disclaimers: The descriptions and photos of the Villa and surrounding locations are provided to the GUEST in good faith and in the belief that they are reasonably accurate based on the latest information known to MLS. However, MLS cannot be held responsible for any recent modifications to the Villa or inaccuracies. Ratings and reviews are provided for information purposes, and MLS will not be responsible for any reliance placed on these ratings or guest reviews. Neither the OWNER nor MLS will accept any liability whatsoever for accidents, personal injury, death, loss &/or damage to persons &/or personal effects however caused. Neither the OWNER nor MLS will accept any responsibility or any liability arising from the use of the pool, the villa & its contents or surrounding areas, any vehicle or the contents of any vehicle used, hired or engaged by the GUEST or their party during the Rental Period. By confirming this booking, the GUEST accepts that MLS and OWNER are not responsible for any consequences of the GUEST’s participation in any activities or excursions during his visit to Marrakech, including activities or excursions arranged through MLS’s concierge service. The OWNER or MLS will not accept responsibility for any delay, additional expense or inconvenience which maybe caused directly or indirectly by events outside of their control such as late arrival of international flights, including without limitation, acts of Gods, acts of civil or military disturbances, acts of Government power failures, fires, floods, epidemics, wars, riots and acts of terrorism. In the event of such an occurrence, MLS shall give prompt written notice thereof to the guest and any time for performance of an obligation shall be extended by time equal to the length of delay attributable to such occurrence. In no case will MLS or the OWNER individually or collectively be liable to make any payment or give any refund or compensation of any amount over and above the Total Booking Amount paid. MLS does not provide “Package Holidays” that would include non-local transport such as flights or ferries.
20 – Complaints: Every attempt will be made by the OWNER and MLS for the GUEST to have an enjoyable stay at the Villa. Should the GUEST have a problem with the Villa during the Rental Period, he must inform the OWNER or MLS immediately who will endeavor to rectify the issue. In order for the GUEST’s complaint to be addressed, the GUEST must communicate any problem whilst on location and also send an E-mail detailing the complaint to reservation@marrakechluxurystays.com. However, no refund or rate adjustment shall be made for unforeseen technical failures such as the supply of telephone service, internet service, pool filtration systems, hot tubs, air conditioning, television or cable service, appliances, etc. If no complaint is reported during the Rental Period, MLS and the OWNER will assume that the Villa was to the Guest’s satisfaction and no complaint will be entertained.
21 – Privacy & Use of information given by GUEST to MLS: To process the booking, MLS needs to collect and process personal information, such as GUEST names, addresses, phones or passport numbers or scans. MLS may pass on only the necessary information to individuals, companies and organizations that need to know them to provide the included services or additional services contracted by the GUEST, or to comply with regulations (for example to the OWNER or the Villa Staff, VIP airport assistance services, transport companies, credit/debit company or bank, mandatory Moroccan tourist registration authorities). Where you provide us with personal information, you consent to this information being used as described in this clause. MLS and its Concierge Service may also send you information about products and services that MLS thinks will be of interest to you in relation to your booking or intended booking. MLS may do this by post, telephone, SMS or email. By accepting these terms and conditions, the GUEST agrees that the above described personal information is transactional data, and agrees in MLS doing any of the things mentioned above. The GUEST can send privacy enquiries and complaints in writing to legal@marrakechuxurystays.com.
22 – Jurisdiction: These terms and conditions and any dispute, controversy, proceedings or claim of whatever nature in relation thereto and in respect of any action to be brought pursuant to this contract or as a result of the GUEST occupation of the premises shall be governed by the laws of Morocco and dealt with by the Courts of Morocco.