TERMS AND CONDITIONS
USE OF THE WEBSITE
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)
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.
- 6.1. 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.
- 6.6. 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 the Atlas International Restaurant (10:30 to 11:30)
- Buffet lunch* at Atlas International Restaurant (12:30 to 14:30)
- Snack from 17:00 to 18:00
- Buffet dinner* at the Atlas (19:00 to 22:00)
- All-you-can-eat 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 adjoining 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.
- * During the special Covid 19 pandemic period, in the face of an unusual reduction in the customer base, some services may be reduced, adapted to attendance and economic realities, for example;
- Individual meals instead of buffets
- Animation reduction
However, the hotel undertakes to provide satisfactory services for meals at will, even in the absence of buffets.
- ** In accordance with Moroccan law, we are forbidden to sell or give alcoholic beverages to people of the Muslim faith:
"The ban on the sale of alcohol to Moroccans dates back to the dahir of July 1967, which states in Article 28 that "it is forbidden for any operator (. . . ) to sell or offer alcoholic beverages free of charge to Moroccan Muslims".
- ** In accordance with Moroccan law and in many countries, we also have a ban on serving alcohol to people who are obviously intoxicated. The material conditions of consumption demonstrate the obvious drunkenness and the fact that it may have been perceived by the waiters.
- ** The alcohols served in the all-inclusive formula are quality local products. Major brand name products are sold separately.
All other services are not included in the all-inclusive offer as clearly stated on the website.
These are optional additional services, to allow you to choose the diversity.
This therefore excludes:
- drinks served by the " Jazz Bar
". - the drinks served by the VIP Lounge.
- the intimate à la carte restaurant "Le Fès".
- drinks provided at the suite minibar; The minibar is filled on request and must be paid for in full at the time of orderin
g. - Premium drinks ordered from restaurants and bars.
- Orders served in the room.
- Drinks not consumed on the premises (e.g. served by the bottle).
- all services provided by the centre Les Bains de Marrakech outside the use of the gym without the services of a coach.
- the use of the sensory swimming pool and jacuzzi of the centre Les Bains de L'Eden.
- the products sold in the shop.
– During the festive period, New Year, Eid etc... optional special meals can be offered for a fee. The access to the reservation in the establishment can sometimes be conditioned to the subscription of these offers. The establishment then undertakes to inform in advance any customer wishing to stay at 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 limit of the capacity of the parents' suite.
. For families arriving with one or more children over 1 year old and under 4 and/or 12 years old, regular promotions, up to free accommodation, may apply. Take a look at our special offers.
- 7.2. Children's conditions :
- 1st child under 4 years old free in the parents' suite
- Children under 12 years old: 50% of the adult price
- 12 years old and over / additional adult: 75% of the adult price
8. The means of payment, the guarantee
- 8.1. The amount for the services provided by the Service Provider must be paid by the Contracting Party prior to 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 of these services, the Service Provider may ;
- (a) request a credit card guarantee, and block on the credit card the countervalue of the services ordered and confirmed,
- (b) request the 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
- (a) in any currency that the Service Provider displays as the accepted currency. In this case, conversion and invoicing shall be made at the purchase rate of the foreign currency valid on the day of the Customer's arrival at the bank holding the Service Provider's account.
- (b) the Service Provider accepts certain means of payment in lieu of 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 card.
9. The mode and conditions of use of the service
- 9.1. The Client may occupy the room (Check in) on the day of arrival from 3 p.m. The Client must leave the room (Check out) before 12 noon.
Unless he has subscribed to the "Late check-out" service: according to availability on the day of departure (Until 3pm: 250 dhs - Until 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., subject to availability, 50% of the previous night's rate is to be paid on the basis of a special agreement.
- 9.3. The "all inclusive" formula begins with a snack on the day of arrival and ends with lunch on the day of departure. The client can enjoy lunch on the day of arrival instead of the day of departure.
- 9.4. The Swimming pools are open from 9 am to 6 pm.
Swimming pool towels are provided against a deposit of 150.00 dhs / towel (Price on 25/10/2020). At Check-in, the customer asks for a voucher at the reception desk to be given to the beach attendant's office against the towel. The towel remains available during the whole stay.
- 10.1. As a general rule, small pets (less than 5 kg) may be brought to the Service Provider's accommodation. They may be in the hotel room under the Customer's supervision. They may use the common areas to access the rooms, however, access to other rooms (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 service. This description must correspond to reality, otherwise the reservation will be cancelled.
- 10.2. The Customer is fully responsible for all damages caused by his pet.
- 10.3 For the accommodation of pets in the hotel room, the Service Provider shall charge a supplement by special agreement. (100.00 dhs / night on 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 Housing Services Agreement with immediate effect and to refuse to provide services if :
a) the Client uses the establishment, or the room made available to him/her, in a manner that is inappropriate to the nature of the establishment.
b) the Customer jeopardises the safety of the Hotel, disobeys the rules of the establishment, treats the Hotel staff in a reproachful or harsh manner, is under the influence of alcohol or drugs, behaves in a threatening, insulting or unacceptable manner, does not comply with any instructions in the event of a pandemic.
c) the Customer suffers from a contagious disease.
(d) the Contracting Party fails to fulfil its obligation to pay the advance payment specified in the Contract by the specified date.
- 11.2. If the Agreement between the parties is not performed for reasons of "force majeure", the Agreement shall cease. Any restrictions emanating from 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 then be decided, as the case may be, at the discretion of the Hotel.
The Contracting Party shall not be entitled to claim damages or benefits at a later date, acknowledging the hotel's lack of liability.
12. Investment guarantee
- 12.1. In the event that the Service Provider's accommodation is not able to meet the services specified in the Agreement due to its own fault (e.g. overbooking, temporary operating problems, etc.), the Service Provider is obliged to secure the Customer'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 disability - in another accommodation of the same or a higher category. All additional expenses of the substitute accommodation insurance shall be borne by the Service Provider.
- b) provide the Customer with a free telephone call once to communicate the change of hosting.
- c) provide free transfer to the Client for the removal to the substitute accommodation and for the eventual return to the hotel.
- 12.3. In the event that the Service Provider fulfils all its commitments in a complete manner, and the Customer accepts the proposed substitute accommodation, the Contracting Party shall not be entitled to claim damages at a later date.
13. Illness, death of the Client
- 13.1. In the event that the Client becomes ill or only tests positive for a virus, even without signs of illness, during the period of using the accommodation services, and is unable to act on his/her own behalf, the Service Provider offers medical assistance or is obliged to insure him/her.
- 13.2 In the event of sickness/death of the Customer, the Service Provider shall claim compensation for the costs from the relatives, the heir of the illness/deceased or the payer of its bills. The compensation covers any medical and procedural costs, the equivalent value of the services used prior to the death, and any damage to equipment and furnishings resulting from the illness/death. Eden Andalou has an infirmary service on site (day): any call to the hotel doctor will be at the expense of the customer. The same applies to any special assistance: ambulance, pharmacy, medicines, etc...
14. The rights of the Contracting Party
- 14.1 Under the Agreement, the Customer has the right to use, according to the intended destination, the room as well as the accommodation establishments which are part of the ordinary services and which are not subject to special conditions.
- 14.2. During his stay at 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 it in writing (or recorded by the Service Provider itself in minutes).
- 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, according to the time and method determined in the Contract, the countervalue of the services ordered in the Contract.
- 15.2. The Customer guarantees that children under the age of 14 years who are under his/her responsibility will stay at the Service Provider's hotel only under the supervision of an adult.
- 15.3. It is forbidden for the Customer to bring food or drinks into the Hotel entities and rooms. It is also forbidden to use the hotel's beverages in the rooms and at the Aquapark (with the exception of bottled water from the All In which may be consumed at the Aquapark).
All drinks served or taken (buffets) are considered "on site".
16. The Contracting Party's liability for damages
The Customer shall be held liable for all damages and inconveniences suffered by the Service Provider or a third party through the fault of the Customer, his companion or any person(s) under his responsibility. This liability shall remain in force even if the injured party has the right to claim compensation for damages directly from the Service Provider.
17. Rights of the Service Provider
In the event that the Customer does not meet his payment obligations in respect of the costs of services used or ordered in the contract but not used and therefore subject to a penalty, the Service Provider - in order to secure his claim - has a lien on the Customer's personal items which he had taken with him to the Hotel.
18. The Service Provider's obligation
The Service Provider is obliged to ;
- (a) to pay for the accommodation and other services ordered on the basis of the contract, and thus for any consumption outside the all-inclusive formula, in accordance with valid stipulations and service standards,
- (b) investigate the customer's written complaint and take the necessary steps to deal with the problem, which he is obliged to record in writing as well
19. The Service Provider'sliability for damages
- 19.1. The Service Provider shall be liable for all damages to the Customer that have occurred on the premises 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 customers or which was caused by the Customer himself.
- 19.1.2. The Service Provider may assign locations in the hotel where the Customer's access is not permitted. The Service Provider is not liable for any damage that may occur at these locations.
- 19.1.3. The Customer must immediately report any damage that has occurred in the Hotel and must provide the Hotel with all information necessary to clarify the circumstances of the damage caused, to draw up the report or for the police investigation.
- 19.2. The Service Provider shall also be liable for damage suffered by the Clients due to the loss, destruction or damage to their property, if the property has been placed in the places designated by the Service Provider, usually used for these purposes or in their rooms. The Service Provider is also liable for items that the Client has entrusted to one of the Service Provider's employees whom the Client may believe to be authorized to receive his items.
- 19.3. The Service Provider cannot be held liable for loss/theft of valuables in the suites, as all of them are equipped with a safe, free of charge.
- 19.2.1 The Service Provider shall be liable for valuables, securities and money only 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 Customer.
- 19.3 The maximum amount of compensation shall be the sum of the daily rate of the contractual room multiplied by fifty, unless the damage is of a lesser value.
In the performance of its contractual obligations, the Service Provider shall act in accordance with the laws 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 the internal regulations of the Contracting Party, if the Contracting Party has informed the Service Provider thereof.
21. Force majeure
All causes or circumstances (e.g. pandemic, government restrictions, war, fire, flood, severe weather, power shortages, strikes) which are beyond the control of the party (force majeure), are beyond the control of all parties to perform their obligations under the contract until the cause or circumstance exists. The Parties agree to do everything in their power to minimize the possibility of such cause or circumstance occurring, and to make good any damage or delay caused as soon as possible.
22. The law applicable to the legal relationship of the Parties, competent court
The legal relationship between 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 Agreement, the court of the place where the services are provided shall have jurisdiction.
- 23.1 References and Links
Le Palais Berbère has no influence on the design and content of third party websites linked to its website.
- 23.2 Copyright
The layout of the websites, the diagrams, images and logos used and the collection of individual contributions are protected by copyright. Any reproduction or use of objects such as diagrams, images or texts in other electronic or printed publications is prohibited without the prior consent of Le Palais Berbère.
- 23.3 Cookies
When you visit our website, a persistent cookie (a small text file) is created and stored on your computer's hard drive. The cookie allows us to recognize you when you visit our site so that we can improve your navigation on the site and personalize your online experience (automatic recognition, etc.).
- 23.4. Analytics
We use a website analysis tool that creates a set of data and tracks how visitors use our site. When you visit our site, we create cookies to record your searches on our site and retrieve non-personally identifiable information. This tool allows us to improve your online experience and make our site even more user-friendly. It is never used to collect personal information. Most web browsers automatically accept cookies, but you have the ability to delete or decline them automatically. Because each browser is different, you should refer to the "Help" section on the toolbar of your browser 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.