General Terms & Conditions for Riad Emotion
1. The following General Terms and Conditions apply to rental contracts for hotel accommodation as well as to further services and deliveries provided by Riad Emotion (herein after referred to as the “Hotel”) for the client.
2. Subletting and re-letting of the rooms as well as the use for any other purpose than accommodation requires the consent of the hotel in writing.
3. Contrary Conditions of the client shall only apply prior to written agreement. General Terms & Conditions apply as follows:
1. Conclusion of the Contract, Contracting Parties, Contract Liabilities
a) The contract becomes effective with the hotel’s acceptance. The hotel is free to confirm the booking of rooms in written form.
b) Contracting parties are the hotel and the client. If a third party orders on account of the client the third party is jointly and severally liable with the client for all contract obligations provided the hotel has an appropriate statement of the third party.
c) In principle, all claims against the hotel become statute-barred within one year from the beginning of the regular statutory limitation regardless knowledge according to French law. Claims for damage become statute-barred in five years regardless knowledge. Reduction of limitation shall not apply to claims based on deliberate or gross breach of duty through the hotel.
2. Service, Price, Payment, Invoicing
a) The hotel is obliged to have the rooms ready for the client and to provide the service as contracted.
b) In order to use the room and additional services the client is obliged to pay the valid price respectively the price as contracted. This also applies to services and expenses of the hotel towards third arranged by the client.
c) The prices contracted include the legal value added tax. Provided, the time period between conclusion and performance of the contract exceeds four months and the generally calculated price for hotel services increase, the hotel has the right to increase the contracted price adequately, however by 5% at the most.
d) The hotel reserves the right to adjust prices in case the client requires later amendments regarding the contracted number of rooms, hotel services or length of stay and the hotel agrees to it.
e) Invoices of the hotel without settlement date are payable with no discount within ten (10) days of the invoice date if not contracted differently. The hotel reserves the right to proof greater damage.
f) The hotel reserves the right to charge an appropriate advance payment or bail upon conclusion of the contract or later with regard to legal terms of all-inclusive traveling. The amount of the advance payment and payment date must be contracted in writing.
g) The client is only entitled to offset or reduce a hotel claim subject to an indisputable or legally valid claim.
3. Cancellation of the Contract by the Client
a) The client has the right to cancel the contract only prior to written consent of the hotel. In case this written consent is not available, the contracted price is to be paid even if the client does not use all contracted services. This does not apply in case of violation of the hotel’s obligation to consider the rights, legal objects and interests of the client if it is no longer reasonable for the client to adhere to the contract or if the client has any other legal or contractual right for cancellation.
b) If a cancellation date was contracted between the hotel and the client in written form, the client has the right to cancel the contract until that date without causing demands for payment or claim for damages from the hotel. The client’s right of cancellation expires, if he does not exercise this right in writing towards the hotel until the agreed date, provided the cancellation is not according to above lit.
c) If the client does not use all contracted rooms and the hotel is able to sell the rooms otherwise, the hotel has to credit the room rent and as well as other saved expenditures.
d) The hotel has the right to charge a lump-sum for any damage caused and reimbursed by the client. Then the client is obliged to pay 90% for the room nights with or without breakfast, 70% for half-board and 60% for full board service of the contracted price. The client is free to proof that there is no damage or less than the amount required.
4. Cancellation of the Contract by the Hotel
a) Provided the client’s right to cancel the contract within a fixed time was contracted in writing, the hotel on his part has the right to cancel the contract if there are requests from other clients for the contracted rooms and the client renounces his right to withdraw from the contract upon enquiry. Place of fulfillment and jurisdiction shall be the domicile of the hotel.
b) If a contracted advance payment is not made even after an appropriately extended deadline with a notice of rejection set by the hotel, the hotel has the right to withdraw from the contract.
c) In addition the hotel has the right to cancel contract extraordinarily due to an objective justified reason, for example if force majeure or other circumstances beyond the control of the hotel makes fulfillment of contract impossible – rooms are booked on misleading or false statements regarding the person or the purpose. – the hotel has reasonable grounds to assume that use of the hotel services may endanger the hotel operation, the security or the image of the hotel in public without being attributed to the territory and/or organization of the hotel. – There is a violation of the above mentioned rules and regulations under No. 2. d) Without delay the hotel has to inform the client about the execution of the right of withdrawal. e) Provided a rightful withdrawal from the contract the client is not entitled to claim damages.
5. Use of Rooms, Service and Return
a) The client cannot claim for the use of particular rooms.
b) Rooms booked are available to the client on the contracted arrival date from 2pm. The client cannot claim for earlier availability.
c) Rooms must be available to the hotel at 12:00 the latest on the contracted departure date. Afterwards the hotel has the right to charge 50% of the best available public rate for the additional use of the room until 6 pm on top of the damage occurred. And from 6pm 100% of the best available public rate is charged. Any contractual claims of the client are not justified by this. The client is free to proof the hotel that no or considerable less damage occurred.
6. Liability of the Hotel
a) The hotel is liable with due care and diligence of a prudent businessman for its contractual obligations. The client has no right to claim for compensation. This does not apply to damage due to injury of life, body or health, if the hotel is responsible for the breach of duty, other damages based on deliberate or gross breach of duty of the hotel and damages based on deliberate or negligent offence of contractual obligations of the hotel. A breach of duty of the hotel is on par with a legal representative or a vicarious agent. Should there be any disturbance or imperfection in service, the hotel will resolve the matter upon knowledge or reproach by the client. The client is obliged to make a reasonable contribution in order resolve the problem and to minimize the possible damage.
b) The hotel is liable for tangible assets of the client according to legal requirements, which is up to hundred (100) times the amount of the room rate, € 3,500 at the most, as well as for cash, securities and valuables up to € 800. Cash, securities and valuables can be deposited in the hotel’s main safe or in-room safe up to a maximum value of € 3,500. The hotel advises to make use of this opportunity. Liability claims expire if the client does not bring an immediate charge to the hotel upon knowledge of loss, destruction or damage. Regarding an extensive liability of the hotel aforementioned No. 1 clause 1 to 4 apply accordingly.
c) The hotel is not liable in case of loss or damage of motor vehicles in public parking. Parking is considered safe but is taken at guests own risk.
d) The hotel executes wake-up calls with due care.
e) Messages, correspondence and consignments for guests are handed with due care. The hotel will take care of the delivery, storage and (if requested) forwarding at the client’s costs. The client has no right to claim for compensation except in the case of intent or gross negligence.
7. Final Provision
a) Alterations or supplements to the contract, the acceptance of the order or the Terms and Conditions for Riad Emotion must be in writing. Unilateral alterations or supplements through the client are ineffective.
b) Place of fulfillment and payment is seat of the hotel.
c) Exclusive place of jurisdiction is seat of the hotel.
d) It applies in French law. UN-sales law and the law of conflicts do not apply.
e) Should certain provisions of these General Terms and Conditions for Riad Emotion become invalid or void, the effectiveness of the remaining provisions is not affected. Besides statutory provisions apply.
Website Terms and Conditions
Data
The data that we collect through our web site are strictly reserved for our own use and will not be shared with any other public or private entity. We do not sell or give any information concerning our customers to external sources. If you wish to correct, update or delete any information concerning you, within our system, send us the details of your request to contact@riademotion.com
Our IT servers identify your IP address and work with others to assist us in the maintenance and improvements of our computer tools. This information is transmitted in the form of anonymous statistics, in order to establish the rates of associates the higher of the day or week, the pages containing errors, and to determine the effectiveness of our marketing. This information is in no case used, for other things.
Copyright
Images and content on Riad Emotion website are protected by copyright and must not be copied, saved or used in any format other than your permitted use of this site. Trademarks and logos displayed on this website are the property of Riad Emotion and users are prohibited from usage without expressed consent.
Liability
Riad Emotion makes no warranty or representation in regards to the activity provided as published on the website. Riad Emotion has no liability for any act, omission or default, whether negligent or otherwise caused by any activity supplier. Riad Emotion is not liable to you or any other person for any injury, damage or loss however caused in connection to the use of website or linked website by undertaking an activity booked on the website.
Privacy Policy
We value your business and your privacy. Our priority is to reassure you that your data is completely secure.
When making a payment, you will be accepting the Privacy Policy of our reservation system provider found at https://www.verticalbooking.com/en/index.html.
Please be assured no personal details will be shared outside of our booking system and Riad Emotion.
When guests sign up to our Wi-Fi network, you will be accepting the Privacy Policy of our internet provider, Maroc Telecom.
Please be assured that your data is only kept within these trusted and secure providers. We do not store your information within an internal database system. If you do have any concerns about our privacy policy, please contact us for further details.
Jurisdiction
Our Services will be governed by and construed in accordance with the laws of Morocco. All disputes, controversies, or claims arising out or in connection with the use of our Services shall be submitted to and be subject to the jurisdiction of the courts of the country of Morocco. Thus, in the event of any and all disputes arising from the use of our Services or in connection with, the courts of the country of Morocco will have exclusive jurisdiction.
Cookies policy
1.1 Our website uses cookies.
1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
Credit
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
About cookies
3.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
3.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
3.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
3.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.
Our cookies
4.1 We may use both session and persistent cookies on our website.
Analytics cookies
5.1 We use Google Analytics to analyse the use of our website.
5.2 Our analytics service provider generates statistical and other information about website use by means of cookies.
5.3 The analytics cookies used by our website have the following names: _ga, _gat, __utma, __utmt, __utmb, __utmc, __utmz and __utmv.
5.4 The information generated relating to our website is used to create reports about the use of our website.
5.5 Our analytics service provider’s privacy policy is available at: http://www.google.com/policies/privacy/.
Third party cookies
6.1 Our website also uses third party cookies.
6.2 We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie. This behaviour tracking allows Google to tailor the advertisements you see on other websites to reflect your interests (we do not publish interest-based advertisements on this website). You can view, delete or add interest categories associated with your browser by visiting: http://www.google.com/settings/ads/. You can also opt out of the AdSense partner network cookie using those settings or using the NAI’s (Network Advertising Initiative’s) multi-cookie opt-out mechanism at: http://www.networkadvertising.org/choices/. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-in available at: https://www.google.com/settings/ads/plugin.
Blocking cookies
7.1 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
(b) in Firefox (version 47) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
(c) in Chrome (version 52), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
7.2 Blocking all cookies will have a negative impact upon the usability of many websites.
7.3 If you block cookies, you will not be able to use all the features on our website.
Deleting cookies
8.1 You can delete cookies already stored on your computer; for example:
(a) In Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
(b) in Firefox (version 47), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
(c) in Chrome (version 52), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.
8.2 Deleting cookies will have a negative impact on the usability of many websites.
Our details
10.1 This website is owned and operated by Riad Emotion.
10.2 You can contact us:
(a) Using our website contact form;
(b) By telephone, on the contact number published on our website from time to time; or
(c) By email, using the email address published on our website from time to time.