General and Specific Terms and Conditions of Sale

Preamble

These general and specific terms and conditions of sale (hereafter "the Terms") govern sales concluded between:

• TMC, a simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Paris Trade and Companies Register under number 109 771 360, whose registered office is at 9 rue des Colonnes, 75002 Paris, France, a travel and holiday operator whose application for registration with Atout France is currently being processed, trading as "The Marrakech Curator" and "TMC Conciergerie" (hereafter "TMC");
• and any natural or legal person booking a service with TMC (hereafter "the Client").

They apply to consumer and business Clients alike, subject to the provisions specific to consumers. Any booking implies acceptance of these Terms, which the Client acknowledges having read before booking.

For accommodation only, TMC acts in the name and on behalf of the owner, who is the Client's counterparty for the rental; these Terms then govern TMC's obligations as an agent, together with the rental conditions referred to in the booking contract.

Financial guarantee and professional liability insurance: being arranged. Details will be published in our Legal Notice.

Article 1. Services

1.1 Accommodation only. Rental of villas and riads in Marrakech and the surrounding region. TMC acts as the owner's agent under a marketing mandate. The rental contract is concluded between the Client and the owner, through TMC, which collects payment and issues the rental invoice in the name and on behalf of the owner.

1.2 Packages and organised stays. Stays combining at least two different types of travel services (accommodation, transport, vehicle rental, other tourist services), including seminars, incentive trips, corporate retreats and private events. TMC is the organiser within the meaning of Article L211-2 of the French Tourism Code.

1.3 À la carte services. Transfers, private drivers, airport fast track, private chef, excursions, activities, wellness and on-site assistance. They are sold and invoiced by TMC in its own name, under the trading name "TMC Conciergerie", as a separate order.

Article 2. Pre-contractual Information

Before any booking, TMC provides the Client with a detailed quotation and, for packages, the standard information form required by the French order of 1 March 2018.

These documents specify, in particular: the main characteristics of the services, the total price and payment terms, the minimum number of participants where applicable, the cancellation terms, administrative and health formalities, and the suitability of the stay for persons with reduced mobility.

Pre-contractual information is binding on TMC, unless changes are communicated to the Client in writing before the contract is concluded.

Article 3. Booking

Quotations are valid for 7 days unless otherwise stated.

A booking becomes firm upon TMC's receipt of:

• the quotation or contract signed by the Client;
• the deposit set out in Article 5.

TMC then sends the Client a written confirmation on a durable medium, setting out all the elements of the contract.

Article 4. Prices

Prices are stated in euros, or in the currency shown on the quotation. For accommodation only, the price is set by the owner and collected by TMC on the owner's behalf; no French VAT applies. For packages and à la carte services, TMC invoices in its own name under the special scheme for travel agents (Article 266-1-e of the French General Tax Code). Invoices show no VAT.

Unless otherwise stated in the quotation, prices do not include:

• air transport, unless expressly included;
• insurance;
• meals and services not listed in the quotation;
• personal expenses and gratuities.

Price revision (packages). In accordance with Article L211-12 of the French Tourism Code, the price may be increased or decreased to reflect changes in:

• the cost of fuel or other power sources;
• taxes and fees on travel services;
• exchange rates.

The calculation method is set out in the contract. No increase may be applied less than 20 days before the start of the stay. If the increase exceeds 8% of the total price, the Client may accept it or terminate the contract free of charge.

Article 5. Payment

5.1 Accommodation only and à la carte services:

• 50% deposit within 3 working days of signing the contract;
• balance no later than 60 days before arrival;
• for bookings made less than 60 days before arrival, the full price is due at booking.

5.2 Seminars, groups and events. The payment schedule is set out in the contract. Failing that:

• 30% on signature;
• 40% 60 days before departure;
• balance 30 days before departure.

5.3 Payment methods. Bank transfer to the account stated in the contract. Any bank charges incurred by the Client (international transfer, currency exchange) are borne by the Client.

5.4 Non-payment. If an instalment is not paid, and a formal notice remains unanswered for 8 days, TMC may treat the contract as cancelled by the Client, with the fees set out in Article 8.

5.5 Security deposit. For accommodation, a security deposit may be required; its amount and terms are set out in the booking contract. Where TMC collects it, TMC holds it on the owner's behalf and returns it after the check-out inspection, less any damage established and evidenced.

Article 6. No Right of Withdrawal

In accordance with Article L221-28 12° of the French Consumer Code, accommodation, transport, catering and leisure services provided on a specific date or during a specific period are not subject to the right of withdrawal.

Article 7. Transfer of the Contract (packages)

The Client may transfer the contract to a person who meets all the applicable conditions, provided the contract has not yet taken effect. The Client must inform TMC on a durable medium no later than 7 days before the start of the stay.

The transferor and the transferee are jointly liable for the balance of the price and any additional costs arising from the transfer, which TMC will justify (Article L211-11 of the French Tourism Code).

Article 8. Cancellation by the Client

The Client may cancel (terminate) the contract at any time before the start of the stay by notifying TMC in writing. The following cancellation fees apply, calculated on the total price:

• Up to 60 days before the start of the stay: 50%
• From 59 days before the start of the stay to the day of arrival, or no-show: 100%

Where certain owners or suppliers (hotels, airlines) apply their own conditions, these are stated in the quotation and prevail. Issued airline tickets are subject to the airline's conditions. The Client may request a refund of unused airport taxes.

Instead of cancelling, the Client may request to reschedule the stay. Rescheduling is subject to the agreement of the owner or suppliers and to availability. If accepted, TMC charges a 500 EUR handling fee, and any price difference is borne by the Client.

The Client may cancel free of charge where unavoidable and extraordinary circumstances occurring at or near the destination significantly affect the performance of the stay or the carriage to the destination (Article L211-14 II of the French Tourism Code). The Client is then entitled to a full refund of the sums paid, without further compensation.

Article 9. Changes or Cancellation by TMC

9.1 Changes before departure. TMC may make a minor change to the contract before the start of the stay, informing the Client clearly on a durable medium.

If TMC has to change an essential element of the contract, it will inform the Client, who may, within the reasonable period set by TMC:

• accept the change;
• or terminate the contract free of charge and obtain a full refund.

9.2 Cancellation by TMC. TMC may cancel the contract without further compensation:

• if the number of participants is below the minimum stated in the contract, by informing the Client no later than 20 days before departure for stays of more than 6 days, 7 days for stays of 2 to 6 days, and 48 hours for stays of less than 2 days;
• in unavoidable and extraordinary circumstances, by informing the Client as soon as possible.

In both cases, TMC refunds the sums paid within 14 days.

Article 10. Specific Conditions for Groups and Seminars

• Participant list: the rooming list must be sent no later than 30 days before departure.
• Reduction in numbers: a reduction of less than 10% of the group, notified more than 45 days before departure, is accepted free of charge. Beyond that, the fees in Article 8 apply to the cancelled participants.
• Group flights: subject to the airline's conditions, in particular regarding deadlines for passenger names and ticket issuance.
• Options: options held on accommodation, venues or services are kept until the date stated in the quotation and then released without further notice.

Article 11. Liability

11.1 Packages. TMC is fully liable for the proper performance of the travel services included in the contract, in accordance with Article L211-16 of the French Tourism Code. TMC may be exempted from all or part of its liability by proving that the damage is attributable to the Client, to a third party unconnected with the provision of the travel services and is unforeseeable or unavoidable, or to unavoidable and extraordinary circumstances.

Except in cases of bodily injury or damage caused intentionally or negligently, any damages payable by TMC are limited to three times the total price of the stay (Article L211-17 of the French Tourism Code). Limitations under international conventions, in particular for air transport, apply.

11.2 Accommodation only. As agent, TMC is liable for the proper performance of its mission: information, booking, payment collection and assistance. Performance of the rental is the owner's responsibility.

11.3 À la carte services. TMC is liable for the proper performance of the services it sells, under the conditions of the French Tourism Code.

Article 12. Client Obligations During the Stay

• The Client shall occupy the premises peacefully and comply with the property's house rules (noise, capacity, use), and respect the staff and neighbours.
• The number of occupants may not exceed the number stated in the contract. Any excess may result in termination of the stay without refund.
• Parties and events (birthdays, weddings, hen and stag parties, etc.) must be authorised in writing at booking. A surcharge may apply.
• The Client is liable for any damage caused by themselves or their guests.

Article 13. Assistance

If the Client encounters difficulties during the stay, TMC provides appropriate assistance without undue delay (Article L211-17-1 of the French Tourism Code), in particular by providing information on health services, local authorities and consular assistance, and by helping the Client find alternative travel arrangements.

Assistance during the stay: +33 6 25 06 27 18.

Article 14. Lack of Conformity and Complaints

The Client must report any lack of conformity observed during the stay without undue delay, by phone or in writing, so that TMC can remedy it on site. Failure to report during the stay may be taken into account when assessing any price reduction or compensation.

Complaints must be sent in writing to contact@themarrakechcurator.com, preferably within 30 days of the end of the stay.

Article 15. Insurance

No insurance is included in the price unless stated in the quotation. TMC strongly recommends that the Client take out insurance covering cancellation, assistance, repatriation and civil liability. TMC may offer insurance at the time of booking.

Article 16. Administrative and Health Formalities

French nationals must hold a passport valid for the entire duration of their stay in Morocco. No visa is required for tourist stays of less than 90 days. Nationals of other countries must check the applicable formalities with the competent authorities.

Completing formalities is the Client's responsibility. Denied boarding or entry due to non-compliant documents is treated as a cancellation by the Client.

Health information is available on the website of the French Ministry for Europe and Foreign Affairs (www.diplomatie.gouv.fr, "Conseils aux voyageurs") or the equivalent authority of the Client's country.

Article 17. Insolvency Protection

Sums paid by the Client are covered by the financial guarantee taken out by TMC, which is currently being arranged. This guarantee ensures their refund and, where transport is included, the Client's repatriation in the event of TMC's insolvency (Article L211-18 of the French Tourism Code).

Article 18. Personal Data

The Client's personal data is processed by TMC to perform the booking, as described in the Privacy Policy. Its transfer to service providers established in Morocco is necessary for the performance of the contract.

Article 19. Mediation

After sending a written complaint to TMC and failing a satisfactory response within 60 days, consumer Clients may refer the matter free of charge to Médiation Tourisme et Voyage (MTV), BP 80303, 75823 Paris Cedex 17, France, www.mtv.travel (through TMC's APST membership, in progress).

Article 20. Governing Law and Jurisdiction

These Terms are governed by French law. The French version prevails in case of discrepancy.

• For business Clients, the courts of Paris have exclusive jurisdiction.
• For consumer Clients, the statutory rules of jurisdiction apply.