Terms and Conditions of Sale Just Marrakech

Version 19/05/2024

1. Introduction

Welcome to JUST MARRAKECH (hereinafter referred to as "the Platform" or "the Application"). The use of the Just Marrakech online intermediation platform is subject to these General Terms and Conditions of Sale (hereinafter referred to as "Just Marrakech T&Cs"). By using our Just Marrakech app, you agree to comply with these T&Cs. If you do not agree to these T&Cs, please do not use the App.

Just Marrakech is a 100% local intermediation platform offering travelers services in Marrakech and its surroundings. Our team is based in Marrakech to verify all the services offered on the intermediation platform.

We, the company KALACEO-JUST MARRAKECH, 30 Avenue des Olives, 13013 Marseille, France, registered in Marseille under the RCS B 981 866 452, hereinafter referred to as "JUST MARRAKECH" or "we", are the operator of the Just Marrakech platform, and we also bear the corresponding responsibility.

2. Description de l'Application Just Marrakech

The App allows users to search, book and pay for tourism activities offered by local third-party partners (hereinafter referred to as "Partners") that we have carefully selected.

Our app is available worldwide in multiple languages, and it's quick and easy to use. We have integrated a "chat" or instant messaging so that travelers can chat with each other according to rules (article 5) and participate together in services offered on the Just Marrakech platform.

The Application acts as an intermediary between the users and the partners, we operate for the organizers of the activity as a commercial agent, we are mandated by the organizers of the activity to directly conclude business between the organizers and the users of the activity to collect payments from the users. For the brokerage of the service contract, we obtain a commission from the activity organizer.

 Descriptions, photos and other content for the activities themselves come from the respective organizers of the activity. We have checked each partner to offer you a safe and secure experience and we update the description sheets and prices regularly.

Among the partners of the Just Marrakech platform, we count "French Keys Conciergerie" which offers short-term rentals in Marrakech.

 2.1 French Keys Concierge Services

French Keys Conciergerie is a short-term rental service partner that offers accommodations through our platform. Accommodation bookings via French Keys Conciergerie through the JUST MARRAKECH application, are subject to the terms and conditions of this specific partner, in addition to these T&Cs. We encourage you to consult the French Keys Conciergerie T&Cs before making a reservation.

3. Use of the Just Marrakech App

By using the Just Marrakech App, you agree to the following terms:

3.1 User Account

To use certain features of the Just Marrakech App, you will need to create a user account. You are responsible for maintaining the confidentiality of your account and credentials. You agree not to share your account with others.

To create your user account, you must register your personal information: Last name, first name, email address, gender and your category (Family, Woman, Man), verification will be requested for Women only because we have created a 100% Women activity group and want to ensure their safety by asking for identity verification (ID or passport) as well as a selfie.

You will then create your password and validate it.

If you have a partner code: click on "YES" to enter it either by scanning the partner's QR code or with the link given to you.

If you click "NO", your account will be created directly.

3.2 Bookings and Payments

You can book tourist activities, including short-term accommodations offered by French Keys Conciergerie, through the Just Marrakech platform and make payments. Payments are processed securely, via Stripe, credit card or PayPal.

Payment will either be in full or, a certain predefined amount will be requested for the registration of your reservation and the balance will be paid on your arrival at the activity site.

Please note that we are not responsible for transactions between users and partners if you go outside of the Just Marrakech app or if you have been approached by a user offering activities outside of Just Marrakech.

We cannot be held responsible for this kind of transaction, you will not be able to claim any damage or compensation if you carry out transactions outside the Just Marrakech secure platform.

Reservations for all services offered by Just Marrakech must be made at least 24 hours before the date of the activity.

3.3 User Content

You can submit comments, reviews, and other content on the Just Marrakech platform. You are solely responsible for any content you post, and you agree to abide by our content guidelines.

3.4 Application mobile Just Marrakech

3.4.1 Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install and use the Just Marrakech Mobile Applications on your Mobile Device, provided that your installation and use of the Just Marrakech Mobile Applications is solely for your personal use and for non-exclusive purposes. and in accordance with the restrictions and limitations set forth in this Agreement. You may not copy, transfer, rent, lease, loan, modify, adapt, create, redistribute or sublicense any derivative works/works/creations thereof, and if you sell your mobile device to a third party, you must first delete the Just Marrakech mobile application on your mobile device. If such restriction is not explicitly prohibited by applicable law, you may not reverse engineer, disassemble, or infer the source code of the Just Marrakech Mobile Application or portions thereof. All rights not expressly granted to you pursuant to this Agreement are reserved to us and our licensors.

3.4.2 From time to time, and at its sole discretion, Just Marrakech may develop and make available updates to the Just Marrakech Mobile Application which may contain upgrades, bug fixes, patches, other error rectifications and/or new features (hereinafter collectively, including the related documentation, "updates"). Updates may also change or completely delete certain features and functions. You agree that Just Marrakech is under no obligation to make any updates available or to continue to make available or maintain the operation of any features or functions. If your mobile device is connected to the Internet, then, and depending on the settings of your mobile device,

1. The Just Marrakech mobile app will automatically download and install any available updates or

2. You may get a notification about available updates or you may be prompted to download and install available updates.

You should immediately download and install all updates, and you should acknowledge that if you do not, the Just Marrakech mobile app or parts of the Just Marrakech mobile app may no longer function properly.

3.4.3 You further agree that all updates are considered part of the Just Marrakech Mobile Application and that they are subject to all the provisions and conditions of these Just Marrakech T&Cs.

3.4.4 You acknowledge that if you download, install or use the Just Marrakech Mobile Application, Just Marrakech may use automatic means, including for example cookies, software development kits (SDKs) and web beacons to collect information about your mobile device and your use of the Just Marrakech Mobile Application. The system may also require you as a condition of downloading, installing or using the Just Marrakech mobile application or some of its features or functions to make information about you available. All information we collect through or in connection with the Just Marrakech mobile application is subject to our Data Protection Directive. You can control certain data processing activities by refusing your consent if the Just Marrakech mobile application asks you to give it.

 4. Conclusion of contract with Just Marrakech - User Agreement

4.1 The purpose of the contract concluded with us as a contracting party is the free use of the Just Marrakech platform (hereinafter referred to as the "User Agreement").

4.2 The contractual relationship between you and us comes into force as soon as you use the Just Marrakech platform, including the installation of the Just Marrakech mobile application. It is possible to block, terminate or delete your Just Marrakech account at any time via Just Marrakech's customer service, by phone at +212 714 173 661 or via the contact form under "Delete account".

4.3 Just Marrakech may at any time and unilaterally and with one week's notice terminate your User Agreement, your Just Marrakech account or your access to the Just Marrakech platform. However, the termination only takes effect as soon as the service contracts already entered into have been concluded. The right to extraordinary termination remains unaffected.

5. Responsibilities of the Just Marrakech platform

The Just Marrakech platform strives to provide accurate and up-to-date information, and we guarantee the accuracy of the information provided by partners.

5.1 Short-Term Rentals

For short-term rental bookings with French Keys Conciergerie, please refer to the specific terms and conditions of this partner, including cancellation policies, additional fees and stay rules specific to that partner.

6. Instant Messaging between Clients

The Just Marrakech platform offers an instant messaging feature that allows users to communicate with each other regarding their bookings and tourist experiences. You can also create a specific Group that will be subject to approval by administrators.

By using this feature, you agree to the following terms:

6.1 Responsible Use

You agree to use instant messaging responsibly and respectfully towards other users. It is forbidden to send offensive, discriminatory, illegal or inappropriate messages.

6.2 Confidentiality

You acknowledge that messages exchanged via instant messaging may contain personal information. You agree to respect the confidentiality of this information and not to disclose it to third parties without the consent of the user concerned.

6.3 Content of Messages

You are solely responsible for the content of any messages you send via instant messaging. You agree not to send messages that contain viruses, spam, malicious content, or links to suspicious websites. You are not allowed to offer commercial services of any kind. If you are a professional and would like to offer your services: please contact us directly, we will study your application (contact@justmarrakech.com).

6.4 Account Suspension or Deletion

Just Marrakech reserves the right to suspend or delete your account in the event of a flagrant violation of these instant messaging terms of use.

6.5 Liability of the Just Marrakech Platform

Just Marrakech is not responsible for the content of messages exchanged between users via instant messaging. We reserve the right to monitor instant messaging to ensure compliance with these terms.

6.6 Reporting Inappropriate Content

If you find any content that is inappropriate or violates these terms, please report it to the administrators of Just Marrakech so that appropriate action can be taken and block it on your end. To do this, click on the 3 small dots at the top right of the application.

6.7 Prohibited Commercial Use

The use of instant messaging for commercial purposes, such as promoting goods or services, is strictly prohibited. Your profile will be deleted or suspended without notice.

7. Conditions of Booking, Cancellation and Execution of Tourist Activities

7.1 Booking

When you book a tourist activity or a holiday rental through the Just Marrakech platform, you agree to comply with the booking conditions specific to each activity, which may vary depending on the partner. You are responsible for verifying your booking details before confirming your booking.

7.2 Conditions d'Annulation

The cancellation conditions for tourist activities may vary depending on the partner and the nature of the activity booked. The specific cancellation conditions for each activity are clearly stated when booking. You are responsible for reading and understanding these cancellation policies before making a booking.

7.3 Modification of the Booking

7.3.1 If you wish to change an existing booking, you must contact Just Marrakech or use the booking modification features available on the Platform. Booking changes are subject to the partner's availability and may be subject to additional charges in accordance with the partner's policies.

7.3.2 In order to avoid misunderstandings, and unless otherwise specified, you may make modifications/changes (e.g. postponement of the date of the activity or changes made to the participants) and cancellations via the Just Marrakech platform. You can cancel via the available "Contact Us" form. The modification/change or cancellation must take place in a timely manner. What the term "in a timely manner" means does not only depend on the respective particular case, e.g. within the applicable cancellation period, but may also depend on the availability of the activity. It is therefore very important that you carefully read all the provisions and conditions on the Activity page or the T&Cs of the activity organisers. The decisive fact for proceeding with a cancellation on time is the timely receipt of the notification by Just Marrakech. If these conditions are met, we will issue a confirmation of the cancellation or a confirmation of the change/change on behalf of the activity provider, which is at the same time proof of the cancellation or modification/change, and must therefore be kept.

7.3.3 We may inform you about changes/changes or cancellations, in particular if they are in the name of the activity provider at short notice via the telephone number you have provided and by sending changes/changes to your e-mail address.

7.3.4 Unless there are any different cancellation conditions indicated in the description of the activity on the Just Marrakech platform, in the T&Cs organising the activity or on the activity confirmation voucher, the following cancellation conditions must apply:

a) in case of cancellation more than 48 hours before the start of the activity: full refund of the booking price, and

b) In case of cancellation up to 48 hours before the start of the activity or in case of no-show: no refund.

7.4 Cancellation by the Partner

Partners reserve the right to cancel or modify a booking in the event of exceptional circumstances, such as adverse weather conditions, technical problems or other unforeseen circumstances. In such cases, partners will endeavor to offer alternatives or refund affected bookings in accordance with their policies. Just Marrakech can also offer you a credit note for the amount of your reservation to be used on any other activity.

7.5 Liability of the Just Marrakech Platform

Just Marrakech is not responsible for the booking, cancellation or fulfillment conditions specific to each tourist activity, as these conditions are defined by the partners. We strive to provide accurate information about tourist activities, we do not guarantee their availability or compliance with your expectations.

7.6 Compliance with Local Laws

By booking a tourist activity, you agree to comply with the local laws and regulations in force in the region where the activity takes place. Partners may have specific documentation or behavior requirements that you must meet.

8. Reviews and other user content

8.1 We offer you the opportunity to view reviews and other content that has been posted by other users on the Just Marrakech platform. These ratings reflect respectively only a personal opinion, reported at a specific time, of the respective user, and are therefore marked by personal ideas and expectations. It should also be considered that the activity may have changed since the assessment or other content was posted. And you also have to take into account the number of evaluations and ratings/rankings that have been made, since often a single opinion is less conclusive than the overview of a large number of evaluations.

8.2 You may personally influence the content of the Just Marrakech Platform by writing reviews of activities that you have paid for or by posting photos (hereinafter collectively referred to as "User Content"). You are fully responsible for any User Content you post. It is strictly forbidden to post on the Just Marrakech platform User Content that: is false or misleading, openly or surreptitiously advertises products, services or companies; which are created by third parties in exchange for remuneration; that are created by the organizer of the activity that offers the activity or that are created on his or her order; that violate the intellectual property, privacy or other rights of third parties or that contain links or similar information/references, which could jeopardize the operation of external data processing facilities.

8.3 Before uploading User Content, you are responsible for ensuring that you have the necessary rights to use photos. In particular, images or photos showing other people can only be uploaded to the Just Marrakech platform if they have the consent of these people. If you want to use photos that were taken by someone other than you, you must also need that person's permission.

8.4 The provision of user content to the public is not entitled to violate any legal/legal provisions/regulations, morality and/or the rights of third parties. In particular, you may not upload and/or make available to the public user content that is violent, pornographic, discriminatory, offensive/insulting, racist, defamatory, or other illegal content or depictions.

8.5 You remain the owner of all User Content created by you. You grant Just Marrakech a non-exclusive, sub-licensable (on one or more tiers), worldwide, fully paid-up and free license in all media that are already known now or that will be discovered or later developed to use, reproduce, adapt, translate the User Content, to create, modify, represent/present, publicly show, publicly perform, transfer and distribute/disseminate derivative works/works/creations, including on or through the Just Marrakech platform, through Just Marrakech's partners and in online and offline marketing materials.

8.6 Where appropriate, and at our sole discretion, we may remove User Content. For example, Just Marrakech may remove user content if we believe it violates our obligations. We are under no obligation to retain copies of User Content or to make available such copies.

8.7 On the Just Marrakech Platform as well as in other media, Just Marrakech, its affiliated companies, sub-agents and their (business) partners may display advertisements and other information next to User Content or in conjunction with User Content. You cannot claim remuneration for such advertisements. We reserve the right to change the type and scope of such advertising measures/activities. We do not inform you of this.

9. Privacy Policy

In its capacity as a data controller, Just Marrakech processes all of your personal data that is collected through the Just Marrakech Platform in accordance with the relevant data protection laws for the purposes described in the Data Protection Directive. Just Marrakech will transmit your personal data to activity organisers insofar as this is required for the performance of the service contract concluded between you and the activity organiser or, if this is necessary to fulfil a legal/legal obligation as well as for other purposes permitted by law. The organizers of the activity are independent data controllers, and bear sole responsibility for the processing of your personal data.

Please see our Privacy Policy to learn more about how we collect, use, and share your personal information.

10. Indemnisation

10.1 You are obliged to indemnify us in full for all damages, costs and expenses, including reasonable costs for the defence of third party claims/rights, which the following circumstances give rise to for us, our representatives or our partners:

10.1.1 your intentional or negligent misrepresentation/misrepresentation, intentional or negligent acts/actions or omission in connection with your use of the Just Marrakech Platform;

10.1.2 your intentional or negligent breach of the Just Marrakech T&Cs or

10.1.3 of claims/rights of third parties arising from your access to or use of the Just Marrakech Platform or arising in the context of your access to or use of the Just Marrakech Platform, which intentionally or negligently violates these Just Marrakech T&Cs.

11. Assignment

With the exception of any rights to compensation, you are not entitled to transfer or assign your rights and/or obligations arising from these Just Marrakech T&Cs.

12. Savior Clause

If certain provisions of these Just Marrakech T&Cs are or become in whole or in part null or void, this does not affect the validity of the other provisions. Provisions not included or invalid provisions of these Just Marrakech T&Cs shall be replaced by statutory law. If in the respective case such a legislative right is not available or would lead to an unacceptable result, the contracting parties must enter into negotiations with a view to finding a valid provision/regulation in its place for the unincluded provision or the invalid provision, which comes as close as possible to the economic purpose of the invalid provision.

13. Activity Provider - Service Contract

13.1 Conclusion of contract with the activity provider

13.1.1 If you select and purchase an activity on the Just Marrakech platform, you enter into a contract directly with the activity provider. When the contract is concluded, we act as a commercial agent of the activity organiser.

13.1.2 After checking the availability of the activity, you deposit the respective activity in the shopping cart by clicking on the "In the shopping cart" button. After clicking on the "Place your order" button, the system will ask for further mandatory information, in particular the payment method, which you must enter in full.

13.1.3 By clicking on the "Pay now" button at the end of the order process, you submit a binding offer for the conclusion of a service contract with the respective activity provider, who will provide the activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic confirmation of the order on behalf of the activity provider. This confirmation of the order does not yet constitute acceptance of the offer.

13.1.4 On the Just Marrakech platform, the activity organisers may attach their own General Terms and Conditions of Sale (hereinafter referred to as the "Activity Organisers' T&Cs") to their respective offers. Please read these T&Cs carefully, because they contain information that is important to you, e.g. information about options or cancellation conditions. The T&Cs that organise the activity have no influence on your relationship with us or on our legal rights. In the event of a contradiction between a provision of the T&Cs organising the activity and a provision indicated in paragraph 12 of the Just Marrakech T&Cs, the provision that is most advantageous to you must be applied to the relationship between you and the organiser of the activity.

13.1.5 The offer is accepted by us in the name and on behalf of the activity provider by you obtaining a confirmation of the booking in the name and on behalf of the activity provider, and, where applicable, access to a confirmation voucher (or a mobile confirmation voucher or a downloadable PDF confirmation voucher) and a confirmation of payment. We reserve the right to accept or decline contract offers at our sole discretion.

13.1.6 The contract concluded between you and the organiser of the activity is not set out in a separate contract text, the content of the contract resulting from the product ordered, i.e. from the description of the activity you have chosen, from the applicable provisions indicated in paragraph 13 of these T&Cs Just Marrakech and, if applicable, from the T&Cs organising the activity.

 13.1.7 You must immediately check in the order confirmation whether all data has been correctly stated.

13.2 Pricing

13.2.1 In most cases, the prices shown are inclusive of VAT. However, it is possible that additional local taxes or fees/duties may be levied locally. If additional taxes or fees are levied on the spot, this is indicated in the description of the activity.

13.2. 2 Where applicable, the booking prices set by the organisers of the activity are subject to special provisions, e.g. in relation to cancellations and refunds of payments made. You must check for yourself before booking whether the respective activity provider prescribes different conditions.

13.3 Conduct of the Activity

13.3.1 You must arrive on time at the meeting place indicated by the activity organizer. We kindly ask you to also take into account the T&Cs of the activity organisers. If you are coming from abroad to join the activity, you are responsible for obtaining the necessary travel documents (passport, visa, etc.) and for complying with health regulations, etc.

13.3.2 The price of the booking of the services does not include any insurance. You are responsible for ensuring sufficient insurance cover. We strongly recommend that you take out travel insurance, especially if you book an activity that includes outdoor or high-risk activities. We do not carry out excursions/tours, we do not employ tour leaders and we do not set safety standards for activities.

13.3.3 The organizers of the activity are independent contracting parties and are not representatives or employees of Just Marrakech. We bear no liability for the acts/actions, errors, omissions, commitments, warranties, breaches, negligence or wrongful conduct of the activity organizers or for personal injury or property damage or for other claims for compensation or for expenses resulting therefrom or which are in any way generated by a booking or activity.

13.3.4 For the calculation of schedules and deadlines, the time zone of the activity organizer is decisive.

13.4 Other rights of the activity organizer

13.4.1 The organiser of the activity may cancel the activity on the scheduled date without having to comply with a cancellation deadline if weather conditions, administrative measures, strikes or other external circumstances which are not foreseeable or which can only be avoided by the disproportionate efforts of the organiser of the activity and which are outside its sphere of influence, in particular force majeure events, make it impossible to carry out the activity or make it considerably more difficult or compromise it. In this case, the price of the reservation paid for the cancelled activity will be refunded. In accordance with paragraph 13.3.3, you can submit any claims for additional compensation directly to the activity provider.

13.4.2 The activity organizer may exclude you from an activity if you do not meet the conditions of participation required on the Just Marrakech platform, if your participation constituted a risk for you or for others or if you disrupt in any way the execution of the activity. In these cases, the price of the reservation paid for the activity is not refunded.

13.4.3 The activity organizer may at any time make minor changes to the program if this seems necessary due to circumstances that have arisen at short notice. Minor program changes also include a change in the starting point and/or meeting point for the activity if the customer can reach the new meeting point from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the starting point and/or meeting place is possible up to 24 hours before the start of the booked activity, this change being notified to you by email or being posted via the Just Marrakech platform.

14. Modification of the T&Cs

We reserve the right to change these T&Cs at any time. The changes will come into force as soon as they are published on the Just Marrakech Platform. We encourage you to review the T&Cs regularly.

15. Online Dispute Resolution.

You can access the European Commission's online dispute resolution platform here. We are neither ready nor obliged to take part in dispute resolution proceedings before a conciliation body.

16. Governing Law

These T&Cs are governed by the laws of France. Any dispute arising from these T&Cs will be subject to the exclusive jurisdiction of the courts of Marseille.

16.1 Territorial jurisdiction for persons who are domiciled in the EEA. If your place of habitual residence is in the EEA (European Economic Area), the following provisions must apply: If this is permitted in accordance with binding local (consumer) law, the territorial jurisdiction for all disputes lies solely with Marseille (France).

16.2 Territorial jurisdiction for persons who do not reside in the EEA or the United States of America. If your place of habitual residence is outside the EEA (European Economic Area) and outside the United States of America, the following provisions apply: the territorial jurisdiction for all disputes lies solely with Marseille (France).

17. Right of withdrawal

"If you are a consumer, i.e. a natural person who is acting for purposes that are not part of his or her commercial, industrial, craft or professional activity, and you reside within the European Economic Area, you have a right of withdrawal as detailed below. In some cases, the law may provide for exceptions to the right of withdrawal. It is therefore possible that you do not have the right of withdrawal under your contract.

17.1 Exception to the right of withdrawal

The right of withdrawal is not provided for by law in the case of distance contracts that concern the provision of leisure activities, if the contract provides for a specific date or period of performance. This includes activities at a specific time or date of different types available on our platform: "excursions" (of one or more days), "entrance tickets", "guided tours", "water activities", "adventures", "other experiences" and "packages", "holiday rentals" "accommodations".

17.2 Instructions for exercising the right of withdrawal

17.2.1 You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.

To withdraw from the contract, you must inform us (Just Marrakech, 30 Avenue des Olives 13013 Marseille, France, support@justmarrakech.com (Spam Protection), +212 714 173 661) of your decision to withdraw from the contract before the expiry of the withdrawal period by means of an unambiguous statement (e.g. by post or e-mail). You can use the attached withdrawal form template, but it is not mandatory. In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period."

17.2.2 Effects of withdrawal: In the event of withdrawal by you from this contract, we will refund all payments received from you, without undue delay and, in any event, no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will process the refund using the same payment method you used for the original transaction, unless you expressly agree otherwise; In any case, this refund will not entail any costs for you.

"Apart from the above, the following provisions apply to your right of withdrawal:

You can use the sample withdrawal form below to declare your withdrawal, but it is not mandatory. For example, you can also declare your withdrawal quickly and efficiently via our "Manage your booking" platform.

If you use the sample withdrawal form below, please indicate the reference of your booking. This will make it easier for us to identify the contract to which your withdrawal relates, but this is not an obligation for you."

17.2.3 Model withdrawal form:

(Please complete and return this form only if you wish to withdraw from the contract.)

-Attn: Just Marrakech, 30 Avenue des Olives 13013 Marseille, France, support@justmarrakech.com:

-I/We(*) hereby notify you of my/our(*) withdrawal from the contract relating to the sale of the goods(*)/for the provision of services(*)below,

-Ordered on(*)/received on(*),

- Name of the consumer(s),

- Address of the consumer(s),

- Signature of the consumer(s) (only in case of notification of this form on paper),

-Date

(*) Delete the unnecessary mention.

18. Contact

If you have any questions about these T&Cs, please contact us at contact@justmarrakech.fr.