Preamble
KESHLINKS VENTURES LTD (the "Company", "we", "us" or "MoroccoMuseum"), a company incorporated under the laws of England and Wales under company number 17348826, whose registered office is situated at 128 City Road, London, EC1V 2NX, United Kingdom, publishes and operates the website available at www.moroccomuseum.com (the "Platform"), which is dedicated to promoting and selling online services connected with Morocco's cultural and tourism heritage, including admission tickets to monuments and heritage sites, Digital Guides, Excursions and Local Experiences.
The Platform is intended for an international audience of French-, English-, Spanish-, Italian- and German-speaking customers wishing to prepare, book and enjoy an authentic cultural experience in Morocco. These General Terms and Conditions of Sale and Use (the "Terms") govern all contractual relationships between the Company and any natural person acting for purposes outside their trade, business, craft or profession (the "Customer") who uses the Platform.
Any Order placed through the Platform constitutes the Customer's unconditional acceptance of these Terms.
Article 1 — Definitions
For the purposes of these Terms, the following capitalised terms shall have the meanings set out below, whether used in the singular or plural:
- "Platform": the website www.moroccomuseum.com, its mobile versions and any associated application published by the Company.
- "Customer" or "User": any adult natural person having legal capacity, acting as a consumer, who accesses the Platform and/or places an Order through it.
- "Services": all services offered for sale on the Platform, including Tickets, the Pass MoroccoMuseum, the Digital Guide, Excursions, Custom Tours, Guided Visits and Local Experiences.
- "Ticket(s)": an electronic or physical admission document entitling its holder to enter a partner monument, museum, garden, gallery or heritage site.
- "Official Admission Price": the admission price set by the public or private operator of the relevant heritage site, excluding the Platform's service fee.
- "MoroccoMuseum Service Fee": the commission charged by the Company in consideration for making the Platform available, securing the booking, providing customer support and supplying associated services, including, where applicable, the included Digital Guide.
- "Pass MoroccoMuseum": a bundled commercial offer comprising several admission Tickets and the corresponding Digital Guides, sold directly by the Company under the conditions described in Article 5.10 below.
- "Digital Guide": audio, written, cartographic and multimedia content published by the Company and accessible through the Platform, enabling the Customer to visit a site independently with commentary.
- "Excursion(s)": a tourism service lasting half a day, one day or longer, organised by a third-party partner provider (the "Provider") and marketed through the Platform.
- "Custom Tour": a bespoke tourism service combining a visit to several heritage sites with an Official Tour Guide, organised either by a third-party partner Provider or by the Company itself acting as coordinator between the Customer and the Official Tour Guide.
- "Guided Visit": an option offered to the Customer when purchasing a Ticket, combining a visit to a single site with an Official Tour Guide, under the same booking and payment terms as a Custom Tour.
- "Local Experience(s)": a cultural, culinary, craft-based or immersive activity offered by a local partner host (the "Host").
- "Official Tour Guide": a natural person holding accreditation issued by the Moroccan Ministry of Tourism, who may be offered in addition to a Ticket, subject to availability.
- "Order": any act whereby the Customer confirms, through the Platform, the purchase of one or more Services and, where applicable, pays for them.
- "Voucher": a personalised electronic document evidencing the purchase of a Service and permitting, as applicable, access to the site, the Digital Guide or the booked service. Unless otherwise provided for a given Service (in particular the Pass MoroccoMuseum, governed by Article 5.10), the Voucher is personalised to the Customer.
- "Affiliate Partner": a third-party international booking platform to which the Platform may redirect the Customer for the booking of certain Excursions or Local Experiences, as described in Article 5.6 below.
Article 2 — Purpose and Scope
These Terms define the rights and obligations of the parties in connection with the online sale by the Company of the Services offered through the Platform. They apply, to the exclusion of all other terms, to every Order placed by a Customer, irrespective of the device used to access the Platform, including a computer, tablet or mobile device.
These Terms are available on the Platform at all times and shall prevail, where applicable, over any other version or conflicting document. For certain Services, they may be supplemented by specific terms applicable to those Services, including in particular the terms of individual Providers, Hosts or Official Tour Guides relating to Excursions, Custom Tours, Guided Visits and Local Experiences.
The Company's failure at any time to rely upon any provision of these Terms shall not be construed as a waiver of its right to rely upon that provision at a later date.
Article 3 — Publisher Identification
The Platform is published by:
- Company name: KESHLINKS VENTURES LTD
- Legal form: Private Limited Company incorporated under the laws of England and Wales
- Companies House registration number: 17348826
- Registered office: 128 City Road, London, EC1V 2NX, United Kingdom
- Email address: contact@moroccomuseum.com
The Platform is hosted by a third-party service provider whose contact details may be provided upon request addressed to the Company.
Article 4 — Acceptance of the Terms
Before confirming an Order, the Customer is invited to read these Terms, which are made available through a checkbox or active link incorporated into the ordering process. Confirmation of the Order constitutes full and unconditional acceptance of these Terms without the need for a handwritten signature.
The applicable Terms are those in force on the date of the Order. The Company reserves the right to amend them at any time in accordance with Article 19 below.
Article 5 — Description of the Services
5.1 Admission Tickets to Monuments and Heritage Sites
The Platform enables the Customer to purchase remotely and in advance admission Tickets for various Moroccan monuments, museums, gardens, galleries and heritage sites listed on the Platform. The price displayed to the Customer includes the Official Admission Price for the relevant site and the MoroccoMuseum Service Fee, so that the Customer pays one single all-inclusive price, with no additional amount payable on site, subject to any exceptions expressly stated on the page relating to the relevant site.
Unless otherwise stated, each Ticket includes access to the Digital Guide corresponding to the visited site at no additional charge.
5.2 Digital Guide
The Digital Guide is proprietary editorial and multimedia content designed and produced by or on behalf of the Company. It may include audio commentary, interactive maps and historical and cultural narratives relating to the visited site. It is accessible through the Platform or a dedicated application for the duration of the visit, in accordance with the technical arrangements specified at the time of purchase.
5.3 Excursions
Acting as an intermediary, the Platform markets Excursions organised and performed by independent third-party Providers selected by the Company. Each Excursion is described on a dedicated page setting out its content, duration, itinerary, included services, such as transport, meals, guiding services and admission charges where applicable, and its price.
5.4 Local Experiences
Acting as an intermediary, the Platform also markets Local Experiences, including craft workshops, dinner shows and cultural immersions, organised by independent local Hosts listed and presented on the Platform in the same manner as Excursions.
5.5 The Platform's Role as Intermediary
In relation to Excursions, Custom Tours, Guided Visits and Local Experiences, the Company acts solely as a technical and commercial intermediary between the Customer and the Provider, Host or Official Tour Guide, who remains exclusively responsible for the physical and proper performance of the service sold, subject to Article 15 below. Depending on the relevant Service, the Provider or Host may operate under various legal forms recognised under Moroccan law, including a self-employed individual entrepreneur ("auto-entrepreneur"), a limited liability company ("SARL"), an accredited Official Tour Guide, or a licensed transport agency, each selected by the Company on the basis of reputation, reliability and adherence to the principles of sustainable, fair and responsible tourism set out in Article 5.7 below.
In relation to Tickets, the Company acts as an authorised reseller for the operators of partner heritage sites, except where the Ticket is offered through an Affiliate Partner under the conditions of Article 5.6. In relation to the Pass MoroccoMuseum, the Company acts as a direct seller, under the conditions described in Article 5.10.
5.6 Affiliation with Third-Party Platforms
For certain Excursions or Local Experiences where no direct contractual Provider or Host has yet been engaged by the Company in the relevant location, the Platform may instead redirect the Customer to a third-party international booking platform ("Affiliate Partner"). In such cases, the contract for the relevant service is formed directly between the Customer and the Affiliate Partner, under the Affiliate Partner's own terms and conditions, privacy policy and cancellation policy. The Company acts solely as a referrer and receives, where applicable, a commission from the Affiliate Partner. The Company shall bear no responsibility for the booking, payment, performance, cancellation or refund of any service booked through an Affiliate Partner, and any such matter must be addressed directly to the Affiliate Partner.
5.7 Sustainable and Responsible Tourism Commitment
The Company's activity is guided by a commitment to sustainable, fair and responsible tourism. In selecting its Providers and Hosts, the Company gives priority to local operators who contribute to the development of the local economy, including self-employed entrepreneurs and small or micro-enterprises based in the destinations concerned. The Company undertakes to ensure a personalised, quality service, with local operators who are attentive to the Customer and who oversee the proper conduct of each activity. Transparency towards the Customer constitutes a founding principle of the Company's activity.
5.8 Custom Tours and Guided Visits
The Platform markets Custom Tours (several sites) and Guided Visits (a single site, offered as an option when purchasing a Ticket), each combining the relevant visit with an accredited Official Tour Guide. These services are organised either by a third-party partner Provider or by the Company itself acting as coordinator between the Customer and the Official Tour Guide, in particular for logistical arrangements, the purchase of any required admission Tickets, and on-the-ground assistance.
5.9 Booking and Payment Terms for Excursions, Custom Tours, Guided Visits and Local Experiences
For Excursions, Custom Tours, Guided Visits and Local Experiences marketed under the conditions of Article 5.5 (excluding those booked through an Affiliate Partner under Article 5.6), the booking process is as follows: the Customer submits a request specifying the desired sites, date, guide language where applicable, and number of participants; the Company checks availability with the relevant Provider, Host or Official Tour Guide; a quote is sent to the Customer together with a secure payment link for a non-refundable deposit equal to 10% of the total amount, which constitutes the entirety of the MoroccoMuseum Service Fee owed to the Company.
Once this deposit has been paid, a Voucher is issued to the Customer, stating the name of the Provider, Host or Official Tour Guide in charge of performing the service, the Digital Guide(s) for the relevant sites where applicable, and a QR code enabling the Customer's pick-up to be confirmed on the day of the service in accordance with Article 15.
The balance, equal to 90% of the total amount, is paid by the Customer either directly to the Provider, Host or Official Tour Guide on the day of the service (in cash or by card, depending on the equipment available to the latter), or in advance, at any time before the date of the service, by means of a secure payment link accessible from the Customer's "My Bookings" area on the Platform.
On the day before the service, the Company sends the Customer a reminder email confirming the practical arrangements for the service and inviting the Customer to make contact with any questions. Admission Tickets for the relevant sites, where applicable, are handed to the Customer by the Official Tour Guide, Provider or Host on the day of the service, at the same time as payment of the balance referred to above.
5.10 Pass MoroccoMuseum
The Pass MoroccoMuseum (2, 3 or 4 monuments) is sold directly by the Company. It is not tied to any fixed visit date and remains valid for 12 months from the date of purchase. It is transferable and is not personalised to a named individual.
The tickets making up the Pass are delivered by email within 3 hours of purchase, every day between 9 a.m. and 6 p.m.; for any purchase made after 6 p.m., they are delivered before 12 p.m. the following day. This period corresponds to the Company's normal ticket-issuing time. In the event of a technical incident beyond its control (in particular the unavailability of the official ticket-issuing platform), the Company shall inform the Customer as soon as reasonably practicable in order to agree on a suitable solution together.
The order confirmation and the included Digital Guides are sent instantly upon confirmation of payment.
Because of this absence of a fixed date and the nature of the service (access to heritage sites), the Pass is neither refundable nor exchangeable once purchased, in accordance with this Article 5.10.
Article 6 — Account Creation and Ordering Process
An Order may be placed with or without the prior creation of a Customer account. The Customer warrants that all personal information provided when placing the Order is accurate, truthful and kept up to date. Any Order placed using inaccurate or incomplete information shall remain the sole responsibility of the Customer.
Depending on the relevant Service, the ordering process includes selecting the Service and its options, such as the date, number of participants, language and additional options including an Official Tour Guide; reviewing the Order summary and total price; entering the Customer's information; accepting these Terms; and paying the price.
Article 7 — Prices and Payment Terms
7.1 Prices
The prices of the Services are stated in euros (EUR), inclusive of all applicable taxes where relevant, but excluding any bank charges that may be applied by the issuer of the payment method used by the Customer. The prices displayed when the Order is confirmed are final and binding upon the Company, except in the event of an obvious error.
For information purposes, the price of a Ticket may be broken down into the Official Admission Price and the MoroccoMuseum Service Fee. Where displayed, this breakdown is provided for information only and does not constitute an undertaking to invoice the two elements separately.
7.2 Secure Payment
Orders must be paid exclusively by electronic means using accepted payment cards through the secure payment solution supplied by Stripe Payments Europe, Limited or any affiliated entity within the Stripe group ("Stripe"). The Company does not at any time store, process or retain the Customer's complete payment card details, which are processed exclusively by Stripe in accordance with the PCI-DSS security standard.
The Customer's account is charged when the Order is confirmed, unless expressly stated otherwise for certain Services requiring prior confirmation, including the Official Tour Guide option referred to in Article 5.1 and subject to the specific procedure described below.
Special case — Official Tour Guide option: where the Customer requests an Official Tour Guide in addition to a Ticket, no payment is taken when the Order is submitted. The request is recorded subject to availability. The Company checks the availability of an Official Tour Guide in the requested language and, if availability is confirmed, sends the Customer a secure payment link valid for forty-eight (48) hours, enabling the Customer to complete the purchase of the entire Order, including the Tickets and Official Tour Guide. If no guide is available, the Customer is informed and no payment is collected.
Special case — Custom Tours and Guided Visits: these services are subject to a specific booking and payment process, described in Article 5.9, distinct from the full payment otherwise applicable to the other Services.
7.3 Currencies
Prices are displayed in euros. Where the Customer pays using a card denominated in another currency, any conversion and foreign exchange charges applied shall be the sole responsibility of the institution that issued the Customer's card.
Article 8 — Formation of the Contract and Order Confirmation
The contract between the Customer and the Company shall be deemed formed on the date the Company receives full payment of the price or, in the specific cases described in Article 7.2, on the date payment through the secure link is confirmed or, as applicable, on the date the deposit referred to in Article 5.9 is paid. An Order Confirmation shall be sent to the Customer by email at the address provided when the Order was placed as soon as reasonably practicable following confirmation of payment, together with the relevant Voucher or Vouchers where applicable.
Where the Order relates to an Excursion, a Custom Tour, a Guided Visit or a Local Experience, the Order Confirmation shall include the name, ICE registration number, and contact details (telephone and WhatsApp number) of the Provider, Host or Official Tour Guide in charge of performing the service, and, where applicable, the professional card number of the assigned Official Tour Guide.
The Customer is responsible for checking the accuracy of the information shown in the Order Confirmation and must notify the Company without delay of any error or discrepancy.
Article 9 — Right of Withdrawal
In accordance with the provisions applicable to distance sales of tourism services, including Regulation 28(1)(g) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 under English law, together with the equivalent provisions of Article L.221-28(12) of the French Consumer Code and the national legislation implementing Directive 2011/83/EU in the other Member States of the European Union, the statutory right of withdrawal does not apply to contracts for accommodation, transport, catering or leisure services that are to be provided on a specific date or during a specific period.
In relation to the Pass MoroccoMuseum, its twelve (12) month validity period from the date of purchase constitutes a specific period of performance within the meaning of the above provisions, and the exemption set out above accordingly also applies, notwithstanding the absence of a fixed visit date at the time of purchase.
Accordingly, Tickets, the Pass MoroccoMuseum, Excursions, Custom Tours, Guided Visits, Local Experiences and Official Tour Guides booked through the Platform and associated with a specific date or period of performance do not benefit from the fourteen (14) day withdrawal period generally applicable to distance sales. Before confirming the Order, the Customer expressly acknowledges having been informed of this and, by confirming the Order, accepts immediate performance of the contract without a right of withdrawal, to the extent permitted by the law applicable to the Customer's circumstances.
The cancellation and refund conditions applicable to each Service are set out in Article 10 below.
Article 10 — Cancellation and Refund Policy
Without prejudice to any mandatory consumer protection provisions applicable in the Customer's place of residence, as referred to in Article 20.2, the cancellation conditions below shall apply unless more favourable provisions are imposed by applicable law. This Article 10 does not apply to Services booked through an Affiliate Partner in accordance with Article 5.6, which remain subject exclusively to the Affiliate Partner's own cancellation and refund policy.
10.1 Admission Tickets to Monuments
Where the Customer cancels before the booked visit date, the Company shall refund only the Official Admission Price of the Ticket, as defined in Article 1. The MoroccoMuseum Service Fee, which remunerates the Platform for providing the booking service, customer support and, where applicable, the included Digital Guide, shall remain permanently earned by the Company and is non-refundable, irrespective of the cancellation date.
No cancellation or refund, whether full or partial, is available after the booked visit date and time or where the Customer fails to attend ("no-show"). This Article 10.1 does not apply to the Pass MoroccoMuseum, whose own refund terms are described in Article 5.10.
10.2 Excursions, Custom Tours, Guided Visits and Local Experiences
The 10% deposit paid to the Company when booking constitutes the entirety of the MoroccoMuseum Service Fee and is, under all circumstances, neither refundable nor transferable, including where the Customer cancels for any reason whatsoever.
As the 90% balance is paid by the Customer directly to the Provider, Host or Official Tour Guide on the day of the service, any question relating to its cancellation, amendment or possible refund falls exclusively within that relationship, and within any specific terms brought to the Customer's attention at the time of the quote.
For Excursions and Local Experiences booked through an Affiliate Partner under the conditions of Article 5.6, the applicable cancellation policy is that of the Affiliate Partner.
10.3 Digital Guide
Where the Digital Guide is sold or activated independently from a Ticket, it is non-refundable once access has been supplied to the Customer. It constitutes digital content supplied on a non-tangible medium, the performance of which has begun with the Customer's prior express consent and acknowledgement that the right of withdrawal has been waived in accordance with Article 9.
10.4 Refund Procedure
Any refund due to the Customer shall be made using the same payment method as that used for the Order, within a reasonable period not exceeding fourteen (14) calendar days from the Company's approval of the refund request.
Article 11 — Fraud, Banking Disputes and Payment Chargebacks
Through Stripe, the Company implements fraud detection and prevention measures that comply with recognised industry standards. Any Order showing signs of fraud, including unauthorised use of a payment method, abnormal behaviour or inconsistent information, may be suspended, cancelled or made subject to a request for additional supporting documentation before confirmation.
Where the holder of a payment card initiates a payment dispute or chargeback with their bank, the Company reserves the right to challenge the claim through Stripe and the relevant financial institution by providing any evidence demonstrating the reality and proper performance of the service sold, including the Order Confirmation, Voucher, evidence of use of the Ticket or participation in the Excursion, and correspondence with the Customer. The Company also reserves the right to suspend the Customer's access to the Platform, refuse future Orders from a Customer who has initiated a chargeback considered abusive or unfounded, and recover any banking charges incurred as a result of a chargeback found to be unfounded.
The Customer agrees to contact the Company's customer service team before initiating any bank dispute, in order to allow any issue to be resolved amicably and promptly.
Article 12 — Intellectual Property
12.1 Platform Content
All elements forming part of the Platform, including its structure, texts, photographs, illustrations, logos, trademarks, databases, source code, navigation structure and graphic identity, are the exclusive property of the Company or are used under a valid licence granted to it. They are protected, as applicable, by copyright, trademark law, database rights and any other intellectual property rights applicable in the relevant jurisdictions.
Any reproduction, representation, extraction, reuse, adaptation or exploitation, whether in whole or in part, of the Platform or any of its elements by any means whatsoever without the Company's prior written authorisation is strictly prohibited and constitutes an infringement capable of giving rise to the civil and criminal liability of the person responsible.
12.2 Protection of the Digital Guide
The Digital Guide constitutes an original intellectual creation protected by copyright. Its economic and moral rights belong exclusively to the Company or to the authors who have assigned those rights to the Company. The content of the Digital Guide, including texts, audio recordings, illustrations and maps, is protected independently of the medium or format through which it is distributed.
The Customer is strictly prohibited, in any form and by any means, from recording, downloading, copying, capturing, retransmitting, publicly communicating, sharing with unauthorised third parties, or making available on any medium or platform, including social networks and audio or video-sharing platforms, all or any part of the Digital Guide. The Company reserves the right to implement any technical measure designed to protect against unauthorised copying or sharing and to bring any appropriate legal proceedings in the event of a breach of these provisions.
12.3 Licence Granted to the Customer
Subject to compliance with these Terms and full payment of the price, the Company grants the Customer a personal, non-exclusive, non-assignable and non-transferable licence to access the Digital Guide solely for private and personal purposes, limited to the period reasonably necessary for the visit to the relevant site. This licence does not grant the Customer any intellectual property rights in the Digital Guide's content.
12.4 Third-Party Content
Certain visual or informational materials presented on the Platform, particularly those relating to Excursions and Local Experiences, may originate from third-party Providers or Hosts or from public databases such as Wikimedia Commons. Such materials remain subject to their own rights and licensing conditions.
Article 13 — Personal Data Protection (GDPR)
13.1 Data Controller
As publisher of the Platform, KESHLINKS VENTURES LTD is the controller of personal data collected from Customers within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (the "GDPR") and, in relation to the personal data of UK residents, the UK GDPR and the Data Protection Act 2018.
13.2 Data Collected
Personal data collected in connection with use of the Platform may include identification data, such as surname, first name, email address and telephone number; Order data, such as Services purchased, dates and amounts; payment data limited to information required to process the transaction, with full payment card details being processed exclusively by Stripe; and connection and browsing data collected through cookies and similar tracking technologies, as described in Article 14.
13.3 Purposes of Processing
- Managing Orders, the Customer relationship and after-sales service;
- Sending transactional communications relating to Orders, including confirmations, Vouchers and practical information;
- Preventing fraud and securing payments;
- Improving the Platform and analysing usage statistics;
- Subject to the Customer's prior consent, sending marketing and promotional communications.
13.4 Legal Bases for Processing
Depending on the relevant processing activity, processing is based on performance of the contract concluded with the Customer, compliance with legal obligations incumbent upon the Company, including accounting and tax obligations, the Company's legitimate interests, including fraud prevention and improvement of the Services, or the Customer's consent, including for marketing communications and certain non-essential cookies.
13.5 Recipients and Data Transfers
Customer data may be disclosed solely to the following recipients and only to the extent strictly necessary for the purposes set out above: the relevant partner Providers and Hosts involved in the Order, for performance of the booked service; Stripe, for payment processing; technical hosting and email service providers; and, where applicable, the competent administrative or judicial authorities.
Some recipients may be established outside the European Economic Area, including in Morocco, in the case of partner Providers and Hosts, or in the United States, in the case of certain technical providers. In such circumstances, the Company shall ensure that appropriate safeguards are in place, including the standard contractual clauses adopted by the European Commission, or shall rely upon an applicable adequacy decision.
13.6 Retention Period
Order-related data shall be retained for the period necessary to process the relevant Order, together with any additional statutory limitation periods, particularly for accounting and tax purposes, which will generally range from five to ten years depending on the nature of the relevant document. Data used for direct marketing shall be retained for three (3) years from the Customer's last active contact, unless the Customer objects earlier.
13.7 Rights of Data Subjects
In accordance with the GDPR, the Customer has the right to access, rectify, erase, restrict and object to the processing of their personal data, the right to data portability and the right to set instructions concerning the handling of their data after death. These rights may be exercised by email to contact@moroccomuseum.com, accompanied by proof of identity. The Customer also has the right to lodge a complaint with the competent supervisory authority, including the Information Commissioner's Office in the United Kingdom or the data protection authority of the Customer's country of residence within the European Union.
13.8 Data Security
The Company implements appropriate technical and organisational measures proportionate to the identified risks in order to preserve the security, integrity and confidentiality of the personal data processed and to prevent it from being altered, damaged or accessed by unauthorised third parties.
Article 14 — Cookies and Tracking Technologies
When the Customer browses the Platform, cookies and similar tracking technologies may be stored on the Customer's device with their prior consent where such consent is required. Consent is not required for cookies that are strictly necessary for the operation of the Platform, including cookies relating to management of the basket and Order session.
On the Customer's first visit, the Customer is informed of the ability to configure cookie preferences through the dedicated banner and may modify those choices at any time through browser settings or the dedicated link in the Platform footer. The categories of cookies that may be used include technical or essential cookies, audience measurement cookies and advertising or personalisation cookies. The latter two categories are activated only with the Customer's consent.
Article 15 — Insurance and Liability Relating to Third-Party Tourism Services
As stated in Article 5.5, in relation to Excursions, Custom Tours, Guided Visits and Local Experiences the Company acts solely as an intermediary between the Customer and the Provider, Host or Official Tour Guide who physically performs the service. Accordingly, exclusive responsibility for the proper and complete performance of the service, compliance with applicable safety standards and the maintenance of professional liability insurance and, where applicable, any financial guarantees or other insurance required under the Moroccan regulations applicable to its activities, rests with the relevant Provider, Host or Official Tour Guide.
The Customer is responsible for ensuring that they have suitable travel insurance for their own benefit, including cancellation, repatriation, personal liability and accident cover applicable to the activities booked through the Platform. The Company does not itself provide any such cover on behalf of the Customer.
Where an incident occurs during an Excursion, a Custom Tour, a Guided Visit or a Local Experience, the Company shall provide reasonable assistance in good faith to facilitate contact between the Customer and the relevant Provider, Host or Official Tour Guide. Such assistance shall not constitute an acknowledgement of liability by the Company in relation to the incident itself.
In order to secure the performance of Excursions, Custom Tours, Guided Visits and Local Experiences paid for under the terms of Article 5.9, a verification mechanism is put in place on the day of the service: a QR code, unique to each Order and printed on the Customer's Voucher, must be scanned by the Provider, Host or Official Tour Guide, who thereby confirms the Customer's pick-up by means of a verification code communicated to them separately by the Company.
It is the Customer's responsibility to present their Voucher bearing this QR code to the Provider, Host or Official Tour Guide before the service begins, and it is the responsibility of the latter to carry out this verification. Should the Customer or the Provider, Host or Official Tour Guide fail to comply with this verification mechanism, the Company shall treat the booking file as closed as of the scheduled date of the service and shall not be liable for any resulting consequences, including any dispute between the Customer and the Provider, Host or Official Tour Guide, any non-performance or improper performance of the service, or any failure to pay the balance.
Article 16 — Limitation of Liability
The Company undertakes to use all reasonable endeavours to provide reliable access to the Platform and to ensure the proper performance of the Services it supplies directly, including the sale of Tickets, provision of the Digital Guide and introduction of Customers to Providers and Hosts.
The Company shall not be liable where non-performance or improper performance is attributable to the Customer, including where the Customer has supplied inaccurate information; results from an unforeseeable and unavoidable act or omission of a third party, including a Provider, Host or heritage site operator; results from an event of Force Majeure as defined in Article 17; or results from a temporary interruption of the Platform for maintenance or technical reasons beyond the Company's control.
To the fullest extent permitted by applicable law, and without prejudice to the mandatory rights enjoyed by the Customer as a consumer under the law of the Customer's habitual residence, the Company's total liability arising from any given Order shall not exceed the total amount actually paid by the Customer for that Order. The Company shall not under any circumstances be liable for indirect loss, including loss of enjoyment, non-pecuniary loss or loss of opportunity suffered by the Customer.
Nothing in these Terms is intended to exclude or limit the Company's liability for death or personal injury caused by its negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded or limited.
Article 17 — Force Majeure
Neither party shall be liable for any failure or delay in performing any obligation under these Terms where that failure or delay results from an event of Force Majeure as customarily recognised by the courts. Such events include, without limitation, natural disasters, exceptional weather conditions, epidemics or pandemics, government decisions, administrative closure of sites, strikes, riots, acts of terrorism, armed conflicts, or any decision by the Moroccan authorities or the authorities of another State affecting access to sites or the performance of booked Services.
Where such an event occurs, the Company shall inform the Customer as soon as reasonably practicable and shall use all reasonable endeavours to propose an alternative solution, including rescheduling, a credit voucher or a refund, under the conditions communicated to the Customer at that time.
Article 18 — Customer Obligations
The Customer agrees to use the Platform and the Services for their intended purpose and in accordance with these Terms, to attend on the agreed dates and at the agreed times carrying the required documents, including the Voucher and identification where applicable, and to comply with the internal rules of the visited sites, monuments and service providers. The Customer is solely responsible for the consequences of late arrival, missing documentation or conduct that does not comply with the rules applicable at the visited location.
Article 19 — Amendments to the Terms
The Company reserves the right to amend these Terms at any time, including in order to reflect changes to the Platform, the Services offered or applicable law and regulation. Amended Terms shall enter into force upon publication on the Platform and shall apply to all Orders placed after such publication. Orders already confirmed shall remain governed by the Terms in force on the date they were confirmed.
Article 20 — Governing Law and Jurisdiction
20.1 Governing Law
These Terms and the contractual relationships arising from them between the Company and the Customer shall be governed by the laws of England and Wales, excluding its conflict-of-laws rules, without prejudice to Article 20.2 below.
20.2 Mandatory Consumer Protection Provisions
In accordance with Article 6 of Regulation (EC) No 593/2008 of 17 June 2008 ("Rome I") and equivalent provisions applicable to relationships with consumers residing outside the European Union, the choice of the laws of England and Wales under Article 20.1 shall not have the effect of depriving a Customer who is habitually resident in a Member State of the European Union, or in any other State whose law contains mandatory consumer protection provisions, of the protection afforded by provisions from which the parties may not contractually derogate under the law of the Customer's country of habitual residence.
Accordingly, where the mandatory provisions applicable in the Customer's place of habitual residence provide more favourable protection than these Terms, including in relation to withdrawal rights, statutory guarantees or refund periods, those mandatory provisions shall prevail over any conflicting provision of these Terms to the extent of their territorial application.
20.3 Dispute Resolution
In the event of a dispute relating to the interpretation, performance or validity of these Terms, the Customer is invited first to contact the Company's customer service team at contact@moroccomuseum.com with a view to reaching an amicable resolution.
If no amicable resolution is reached, and without prejudice to the right of a consumer Customer residing in the European Union to bring proceedings before the courts of their own place of residence in accordance with Regulation (EU) No 1215/2012 ("Brussels I Recast"), any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales. A consumer Customer residing in the United Kingdom may also use any online consumer dispute resolution platform made available by the competent authorities, where applicable.
Article 21 — General Provisions
If any provision of these Terms is declared invalid or unenforceable under any applicable law or regulation, or by a final court decision, that provision shall be deemed severed without affecting the validity of the remaining provisions, which shall remain in full force and effect.
These Terms constitute the entire agreement between the Customer and the Company in relation to their subject matter and supersede any prior oral or written agreement relating to the same subject matter, subject to any specific terms applicable to certain Services.
The Company may assign or transfer all or any part of its rights and obligations under these Terms to an affiliated company or as part of a restructuring, merger or asset sale without the Customer's prior consent, provided that the assignment does not reduce the protections available to the Customer.
Article 22 — Contact
For any question relating to these Terms, a current or previous Order, or the exercise of the Customer's rights, the Customer may contact the Company:
- By email: contact@moroccomuseum.com
- By post: KESHLINKS VENTURES LTD, 128 City Road, London, EC1V 2NX, United Kingdom
End of document — General Terms and Conditions of Sale and Use of MoroccoMuseum.com