1. Normativa legal aplicable al contrato de viaje combinado y aceptación de las condiciones generales
The General Conditions indicated here are subject to Spanish legislation, specifically the provisions of Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (BOE 11-30-2007) as well as Decree 301/2002, dated December 17, 2002, on Travel Agencies and Booking Centers of the Ministry of Tourism, Commerce and Sports of the Junta de Andalucía (BOJA No. 150. 12-22-2002)
Current legislation requires the delivery of travel documentation by Almanatour SL (hereinafter, the agency) that must be submitted after payment has been made. Review it before giving your agreement as it implies your acceptance of the general conditions described here and other particulars contained therein.
The technical organization of the trips offered here has been carried out by the Travel Agency Almanatour, SL, with registered name Almanatour S.L, and whose operating address is at Odonnelll 19, 2 B Street , in the city of Seville and with code postal 41001. Other relevant data are the CIF: B90432782 (Tax Identification Code) and the CIAN 416989-2 (Tourism license code).
The price of the combined trip has been calculated on the basis of exchange rates, transportation rates, fuel cost and applicable taxes and fees on the date of delivery of the program. Any variation in the price of the aforementioned elements may lead to changes of the final price of the trip, both upwards and downwards, from the strict amounts of the price variations mentioned.
These modifications will be notified to the consumer, in writing or by any means where it is possible to have proof of the communication made; when the modification made is significant, the consumer can withdraw from the trip, without any penalty, or accept the modification of the contract. In no case will it be revised upwards in the twenty days prior to the date of departure of the trip with respect to requests already made.
The price of the trip includes round-trip transportation, accommodation, taxes or rates of hotel establishments (except those that must be paid at the destination), indirect taxes and technical assistance during the trip, provided that these services are expressly included in the information of the contracted trip.
It does not include the following: Visas, entry and exit fees, local rates in hotels, vaccination certificates, and other extras such as beverages or special diets—even in cases where two or three meals are included, unless specifically indicated in the contract—, washing and ironing of clothes, as well as other optional hotel services, tips and, in general, any other service that does not expressly appear in the “Included” section or is not specifically detailed in the program.
4. Método de pago. Reservas y reembolsos
To make the reservation, the agency will require an advance of 25% of the total amount of the trip. The remaining amount must be paid upon delivery of the vouchers or travel documentation, which must be made at least 15 calendar days before the date of departure. Payments made will be considered fulfilled only when they have been received by the agency.
If the total price of the trip is not paid under the conditions indicated, it will be understood that the consumer gives up the requested trip, the conditions set forth in the following section being applicable.
In the event that before the conclusion of the contract the agency finds it impossible to provide any of the services requested by the client and notifies the consumer, the consumer may withdraw their request and request a refund for only any money that he has paid as an advance.
All refunds payable for any reason, will always be finalized by this agency, no refund will be made for services that the consumer voluntarily chooses not to use.
5. Retiro del consumidor, transferencias y cancelación de viaje.
At all times the user or consumer can withdraw from the requested or contracted services, being entitled to a refund of the amounts that he has paid, whether it is the total price or the advance, minus the following agency fees:
All management expenses, plus any cancellation expenses, in addition to the following:
If the withdrawal occurs more than 45 calendar days before departure it will be penalized 10% of the total value of the trip; between 45 and 31 days before it will be 15%, between 30 and 21 days it will be 30%, between 20 and 10 days it will be 60% and if it is canceled during the 9 calendar days before departure or if the consumer did not show up on the day of travel, 100% will be taken as a penalty and the consumer would not be entitled to any amount as a refund.
In the event that any of the contracted services were subject to special contractual economic conditions, such as airplanes freight, ships, special rates, etc. … the cancellation fees for withdrawal would be indicated in the pre-contractual information provided.
When any cause of force majeure occurs and the consumer back out of the trip, he must communicate their circumstances to the insurance company to make effective any cancellation insurance coverage in the event that he chose to purchase it.
The agency undertakes to provide its clients with all the contracted services contained in the program that has given rise to the trip contract, with the stipulated conditions and characteristics, in accordance with the following points:
a) In the event that, before leaving for the trip, the agency is obliged to significantly modify any essential element of the contract, it must immediately inform the consumer, in which case the consumer may choose between terminating the contract without penalty or accept a modification of the contract that specifies said variations and their impact on the price.
The consumer must communicate the decision within three days of being notified. In the event that the consumer does not notify their decision in the indicated terms, it will be understood that he opts for the termination of the contract without penalty.
b) In the event that the consumer chooses to terminate the contract, under the provisions of section a), or if the agency cancels the trip for any reason that is not attributable to the consumer, he will be entitled, from the moment in which the termination of the contract occurs, to the reimbursement of all amounts paid.
c) In the event that, after the departure of the trip, the agency does not provide or verify that it cannot provide a significant part of the services provided in the contract, the agency will adopt the appropriate solutions for the continuation of the trip, at no additional cost to the consumer, and, where appropriate, will pay the consumer the amount of the difference between the services planned and those provided.
d) In the event of a complaint, the agency must work diligently to find appropriate solutions.
e) In no case will the agency be liable for anything not included in the travel contract, the agency having no obligation to compensate for these possible service expenses.
7. Obligación del consumidor de comunicarse en caso de incumplimiento de contrato
The consumer is obliged to report any breach in the execution of the contract preferably “in situ” or, in any case, as soon as possible in writing or in any other way that is recorded, to the agency and, where appropriate, to the service provider in question.
In the event that the solutions arbitrated by the agency are not satisfactory to the consumer, the latter will have a period of one month to complain to the agency.
The agency will respond to the consumer, depending on the obligations that correspond to them for their respective field of travel management, for the correct fulfillment of the contractual obligations, regardless of whether they must be carried out by themselves or other service providers, and without prejudice of the right of the agency to act against such service providers. The agency states that it assumes the functions of organization of and carrying out the trip.
The agency will be liable for damages suffered by the consumer as a result of the non-execution or poor execution of the contract. Said liability will cease when any of the following circumstances concur:
If the defects observed in the execution of the contract are attributable to the consumer.
If said defects are attributable to a third party not connected to the provision of the services.
If said defects are due to force majeure, abnormal and unpredictable reasons whose consequences could not have been avoided, despite having acted with due diligence.
If said defects are due to an event that the agency, despite having carried out all necessary due diligence, could not foresee or overcome.
If sufficient reasons coincide. Sufficient reasons will be considered to have coincided if, despite acting with due foresight and due diligence, the service providers cannot provide the contracted services for reasons that are not attributable to them.
In no case will the agency be liable for the accommodation, maintenance, transportation and other expenses that arise as a result of delays in departures or arrivals of means of transport due to force majeure.
9. Definición de servicios de viajes combinados
9.1 Hotels and Riads.
The quality and content of the services provided by the hotel or riad will be determined by the official tourist category assigned by the corresponding authority in Morocco, taking into account that such a classification, although Morocco may have similar criteria as other countries, there may also be notable differences in some cases.
As a general rule, there are only single and double rooms in Morocco, in some of the latter, if such is indicated in the program, a space for a third person can be made available, normally using a folding cot.
The usual schedule for entering and leaving hotels or riads depends on the first and last service that the user will use. As a general rule and unless expressly stated otherwise, check-in is after 2 pm on the day of arrival and check-out is by 12 noon on the day of departure.
The service will be considered to be provided if the room is available to the client on the corresponding night, regardless of whether, due to circumstances of the trip or due to force majeure, the time of entry into the same occurs later than initially planned.
The hotel or riad may request a credit card from customers upon arrival to cover possible extras not included in the combined travel contract.
On trips, transportation may vary depending on the number of people. As a general rule, it will be a 4×4 or minivan or, in the case of certain transfers, a taxi.
The agency discloses to the consumer that in the circuits specified in the program the accommodations will be provided in one of the establishments indicated in the program or in another place of the same category and in the same area and that the itinerary of the circuit may be done as indicated unless, in the event of logistical inconvenience, the order is adjusted but the places to be visited and the activities to be done will not be adjusted.
9.4 Special Conditions Accomodating Children.
Given the diversity of children’s needs, depending on their age, the service provider and the date of the trip, it is recommended to always check the scope of the special conditions of a given case and that at each moment will be subject to specific and detailed information which will be collected in the documentation of the trip that is delivered. In general, said conditions will be applicable as long as the child shares the room with two adults.
10. Pasaportes, Visas y Documentación.
All users, without exception (children included), must verify that they have their passport in order. In addition, it must have an expiration date exceeding three months (counting from the date of departure from Morocco). This applies to all travelers, including children and babies. In this case, in addition, if said minor does not travel accompanied by their parents, it may be necessary for him to carry a paternal authorization duly notarized and sealed by the appropriate authorities.
In some cases, it will be necessary to have a visa. This link indicates the countries whose citizens do NOT need such a visa to travel to Morocco but, as this list is subject to change over time, please use confirm whether or not you need a via with your country’s Moroccan embassy.
For all intents and purposes, as far as land transport is concerned, it will be understood that the user will keep their luggage and other personal belongings with them, regardless of the part of the vehicle in which they are placed, and that they will be transported at the risk of the user, it being perfectly clear that the agency will not be obliged at any time to compensate any loss or damage that they could undergo during the trip. Users are recommended to be present in all baggage loading and unloading operations.
In case of theft, the client will have, in all the circuits and in the excursions that indicate it, the coverage of a policy by the agency with an insurance company, for which the insurance company is obliged to indemnify the insured only once and up to the amount indicated in the policy and under the conditions expressed therein.
12. Cuándo estar listo para la salida
It is recommended to show up at the place indicated for departure well in advance at the time indicated in the program. This time buffer will vary depending on the type of transportation, and will always be indicated within the program provided.
The agency will not be responsible for the loss of the trip if such recommendation is not met.
13. Cláusula de arbitraje
The Agency expressly refuses to be submitted to the transport arbitration courts for any matter arising from the existence of this contract.