Open Doors Morocco, LLC (“Open Doors Morocco,” “we,” “us,” and “our”) is an independent tour operator and travel agency that contracts with third-party suppliers (each a “supplier” and collectively, “suppliers”) as a booking agent to provide travel products including tours, overnight accommodations (including but not limited to hotels, riads, guest houses, and camps, collectively, “hotels”), transport, and excursions. All reservation services provided, and travel services coordinated by us, are subject to these Terms and Conditions. By booking a reservation through us, Traveler, and anyone in your travel group (“you,” “your,” “traveler,” and “participant”) have agreed to and have accepted these Terms and Conditions.
Contract
We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence, and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understand these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree to it.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group with a “group” being defined as any booking comprised of more than one individual.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent or those within your group and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
Violations By You
You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
Changes to these Terms & Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions periodically and without notice. You should read these Terms and Conditions carefully prior to confirming travel services. Your continued use of our services, including continuing to maintain to use, or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes. Cancellation and change penalties apply to these arrangements. Details will be provided upon request.
COVID-19 Release of Liability
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Open Doors Morocco.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine if you test positive at any point on a tour or during your travel. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on Open Doors Morocco to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we shall not be liable.
You agree that due to uncertainty caused by COVID-19, Open Doors Morocco has strongly encouraged the purchase of travel protection insurance including “cancel for any reason” coverage if and when available, and that should you fail to purchase travel protection coverage, Open Doors Morocco shall not be liable to any losses howsoever arising. Open Doors Morocco shall not be liable for any COVID-19 losses not covered by your selected travel protection insurance.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Open Doors Morocco, its members, owners, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of, from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH, OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID-19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Reservations and Payment
When you are ready to book your next adventure, contact us either by email at nancy@opendoorsmorocco.com, phone, WhatsApp, or by providing your contact information via our website under “Contact Us” or “Request a Quote.” Your booking will be confirmed upon receipt of the completed form/s, and deposit or, if you so choose payment in full. A deposit at the time of the reservation is required to formalize each reservation request. The deposit amount may vary based on the options selected. Upon payment of your deposit, we will send confirmation of your booking within seven (7) to ten (10) days.
We do not book airfare or provide any air carrier services. Upon booking your airfare, please provide us with your flight information. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change or cancellation fees or additional costs you incur with the air carrier.
Once your reservation is confirmed, the remaining balance for your booking should be paid on or before the final payment deadline. We reserve the right to cancel your booking if full payment is not received in a timely fashion, and you may be subject to a 100% penalty and/or non-refundable deposit depending on your booking. By making any payment by check, cash, or by providing your credit card details for payment of any kind, you acknowledge and accept our Terms and Conditions and agree to abide by them. You authorize us to charge your credit card for the charges associated with your travel booking. By authorizing us to charge your credit card, through our payment authorization form, you acknowledge that you understand and agree to all the terms and conditions of the booking, including but not limited to, all cancellation policies.Once payment for your trip is processed, you will receive a payment confirmation. Thereafter, you will receive your finalized itinerary upon confirmation that all of your accommodations and arrangements have been booked. If additions are made to the finalized itinerary, we will provide you with an updated itinerary reflecting those additions. At approximately one week prior to your arrival, you will receive your final itinerary which will include contact numbers, the name of the host (aka guide), and the address to use upon entering the country. Please review the confirmations and subsequent final itinerary carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections.
Payments to Open Doors Morocco in currency other than U.S. Dollar will be converted at the current exchange rate to USD. U.S. Dollar payments by Open Doors Morocco to suppliers will be converted at the current exchange rate for local country currency.
Traveler Information
While we do not handle airline bookings, we would like to bring your attention to the importance of accuracy. Names provided to secure reservations must match travelers’ passport/s. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees with the airline/s. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors/or omissions to any travel documentation.
Credit Card Bookings
While we accept major credit cards including Visa, Mastercard, American Express, and Discover, you must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgment and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with your credit card company/ies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about your charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Open Doors Morocco retains the right to dispute any chargeback that is improper and recover any costs, including attorneys’ fees related to improper chargebacks. Additionally, in the event of any improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associated or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Open Door Morocco or the supplier/s.
- Chargebacks resulting because you do not agree with the cancellation policy.
If we issue a Future Travel Credit (“FTC”) to a client prior to a chargeback, we reserve the right to immediately rescind the FTC upon notification of the chargeback.
Price & Rate Changes
Quoted rates are based on the exact inclusions provided to you in writing. The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an invoice reflecting the current price.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase in your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues, or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment, your price is locked in.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
Deposit
A deposit of $500 per person is NON-REFUNDABLE. If hotels (typically five star) require additional deposits, those may also be non-refundable. In the event of cancellation, we will work on your behalf to arrange for third party deposits to be transferred to future travel. However, the final decision will lie with each third-party supplier.
A purchase is not complete until the deposit(s) and other monies due have been processed and a tour confirmation of booking has been provided to you. Receipt of payment and confirmation from us confirms agreement to these Terms and Conditions. If final payment is not received by the due date, all components of the booking could be cancelled by the supplier without a refund of payments previously made. We are not responsible for penalties, fare increases, or fees incurred due to any past due payments, all of which must be paid by you.
Balance of Tour
Final payments are due 60 days in advance of your tour (unless otherwise arranged). Cancellations after 60 days will be handled on a case-by-case basis. If we are able to reschedule your tour or travel to a future date, we will transfer any payments you have paid to the new dates. This does not include payments made on your behalf to suppliers that may be non-refundable, or non-transferrable. Further, suppliers may have increased prices for the new dates. You agree to be responsible for any price increases related to the future date(s) you choose.
If your cancellation is final, and you are not able to reschedule your tour, we are unable to refund the balance you have paid toward your booking.
We highly recommend that you carry personal health and travel cancellation insurance that will offset any potential loss. We are not insurance agents, but we can recommend a third-party company upon request.
No Shows
Failure to travel or show up for any reservation is considered a “no-show.” No show penalties will be up to the entire cost of reservation and are subject to policies and procedures set forth by us.
What’s Included
Accommodations
Accommodations are provided as detailed in your itinerary. Special requests must be made at time of booking and are not guaranteed. There may be additional charges for requests which will be solely at your expense. Hotel accommodations are subject to availability at the time of reservation. Some hotels require NONREFUNDABLE and NON-TRANSFERABLE deposits to guarantee a booking. In such cases, we will notify you for the NON-REFUNDABLE prepayment for that portion of the trip. Amenities such as elevators, air conditioning, bedding size, etc., are not guaranteed in all properties. In addition, even if a property has amenities such as air conditioning or elevator, it is not guaranteed that it will be operational or available during your stay. Reimbursement for lack of amenities is solely the responsibility of the hotel/s, and while we may act as an intermediary, we cannot be held responsible for such reimbursement under any circumstances.
Travelers should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States, Canada, and Australia. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility.
Open Doors Morocco reserves the right, if necessary, to substitute other comparable hotels for hotels listed on your itinerary. Such substitutions may be made at any time without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Open Doors Morocco’s sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, hotels and other accommodation profiles, this information is based on what is provided to us by the suppliers and by third parties. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Open Doors Morocco does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Transfers
Open Doors Morocco is pleased to offer transfers in accordance with your individual itinerary. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us with your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
Activities
If applicable to your booking, sightseeing tours and activities are included as provided in the individual itineraries. These tours and activities are designed to accommodate private individuals and groups and on rare occasions semi-private groups. For semi-private groups, as a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on time. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals can negatively impact your tour experience with us.
Meals
Meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, Open Doors Morocco and its representatives cannot be responsible for directly accommodating any food, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise suppliers of your request, but we cannot guarantee their availability.
What’s Not Included
Any items or matters not referred to in your itinerary are not included in the tour price. Unless specifically itemized, rates do not include airfare, inspection fees for U.S. Customs and Immigration, cost incurred for visas and passports, seat assignments, Air Transportation Tax, Agricultural tax, airport taxes and fees including September 11th security fee, passenger facility charges, federal domestic flight segment fees and U.S. International travel and departure fees, and other government-imposed fees, baggage fees. port taxes, vaccinations, gratuities, meals and beverages except as noted and on cruises or all-inclusive resorts, alcohol, resort fees, locally paid city taxes, hotel energy charges, parking and valet services, laundry service, additional bedding charges, telephone calls, minibar, optional excursions, airport transfers, non-qualifying flights, porterage at airports and train stations, travel insurance premiums, and any other miscellaneous charges of a personal nature.
Changes to Itineraries
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, tide schedules, governmental closures, acts of God, or any other reason. Open Doors Morocco reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations (unless closed), although Open Doors Morocco may choose to amend itineraries for such sites. These changes will not be considered a material change and will not be considered cause for cancellation by the traveler/s.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
Revisions, Deviations & Changes
Any revisions or deviations made to a reservation are subject to a fee of USD $50 per person per tour in addition to any other supplier charges and penalties. No refunds will be given for any unused or partially used service(s).The cancellation of any service(s) made by you or anyone in your party while traveling, is not eligible for any refund whatsoever. In limited cases, some hotels do not permit changes to or cancellation of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your hotel reservations and agree to pay any cancellation or change fees that may be incurred. Further stated cancellation policies as follows:
General Travel Booking Cancellations
The cancellation of any service(s) made by you or anyone in your party while traveling, is not eligible for any refund whatsoever. In limited cases, some hotels do not permit changes to or cancellation of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your hotel reservations and agree to pay any cancellation or change fees that may be incurred.
Please be aware that most travel bookings are non-refundable and cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Where we incur any liability for a cancellation fee or charge for any booking that you cancel, you agree to indemnify us for the amount of that fee or charge.
Tour Cancellation Policy
For tours booked with Open Doors Morocco, we are required to pay suppliers well in advance of your tour date. This includes but is not limited to hotel accommodations, meals, admission tickets, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Open Doors Morocco immediately in writing and request a written confirmation of your cancellation. Upon, receipt, Open Doors Morocco will contact suppliers for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Open Doors Morocco. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
In addition, cancellation charges will apply. Cancellation charges are expressed at a percentage of the quoted price as follows:
| Days before Departure We Receive Notice of Cancellation | Cancellation Charge Per Person |
| More than 60 days | Non-Refundable Deposit |
| 0 – 59 days | 100% |
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional “cancel for any reason” coverage. We will work with you to provide the proper documentation to submit claims due to cancellation.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Force Majeure
Open Doors Morocco assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Open Doors Morocco that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Open Doors Morocco. The original non-refundable deposit will not be returned as it accounts for the work we did in planning your booking.
Travel Protection Insurance
It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional “cancel for any reason” coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason” coverage must be purchased in close conjunction with your travel purchase.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Open Doors Morocco cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Destination Awareness
Travel to certain destinations may involve greater risk than others. Open Doors Morocco urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including COVID-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Open Doors Morocco will not be liable for damages or losses that result from travel to such destinations.
Passports, Identification & Documentation
It is your responsibility to be familiar with the laws and rules governing any visit to any country or region. For up-to-date requirements US citizens should visit http://www.travel.state.gov. When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Open Doors Morocco strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
We may be able to assist you in acquiring the necessary travel documents upon your request. It is not our responsibility to determine if any such documents are required. We will not be held responsible in any way if you fail to have the proper visas and/or documentation for entry into any country or region. It is your responsibility to determine which documents are needed and to acquire that documentation. If an accident occurs and you seek assistance from us, any and all alternate arrangements will be your financial responsibility. It is your responsibility to ensure your passports are up to date and valid to enter any country. It is not our responsibility to determine the validity of your passport or any other travel document to enter any country or region.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings or tours. Open Doors Morocco bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Insecticide Notice
Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
Non-Responsibility & Third-Party Suppliers
The suppliers providing tours, excursions, transportation, accommodations and other components of your trip, tour, or vacation are independent contractors and separate entities from Open Doors Morocco and are not agents, affiliates, representatives, shareholders, or employees of Open Doors Morocco. Likewise, Open Doors Morocco is an independent contractor and is not an employee, agent, or representative of any of the suppliers. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Open Doors Morocco, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Open Doors Morocco. Open Doors Morocco assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Open Doors Morocco assumes no responsibility or liability for personal property; and Open Doors Morocco shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Open Doors Morocco accepts no responsibility for lost or stolen items. Open Doors Morocco reserves the right to refuse any traveler or potential traveler at its sole discretion.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), denied access to the applicable travel product or services, forfeiting any monies paid for such reservation(s), and/or your responsibility to cover any cost we incur as a result of such violation.
In the event a travel supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. In addition, we are not allowed to provide refunds for suppliers who have declared bankruptcy. If a travel supplier declares bankruptcy, it might continue services or stop completely. Other travel suppliers may, but do not have to, provide alternative services.
Privacy
We take full responsibility to ensure that proper security measures are in order to secure your private and confidential information that you provide to us during booking. The information collected from you will be used to make reservations with hotels and any other third-party suppliers as needed in order to arrange your travel requirements. We will share your dietary, medical, or any disability needs with relevant suppliers to ensure your safe and enjoyable vacation. In booking with us, you consent to this information being passed onto the relevant persons. We do not store your financial information. We do not pass on your contact information to third parties beyond what is required for your travel needs/ itinerary.
Release of All Liability
We provide a service in arranging accommodations, transportation, sightseeing, admissions, and any other services from third parties as agreed in each itinerary. We shall not be held liable for any injury, damage, loss, accident, delay, or irregularity which may be occasioned by any company or person engaged in conveying the passengers, providing the services, or otherwise in connection therewith, of any hotel owner, manager, or employee. We do not own or operate, nor are we an agent of any of the suppliers which will provide goods and services for the trip or any option which may be available in connection with the trip.
You agree to seek remedies directly with the supplier/s and not hold us liable in the event of negligence, loss, injury, delay, or expense which results directly or indirectly from any action or omission, whether negligent, criminal, or otherwise, of any entity providing goods and services for the trip or any available option. You also agree not to hold us liable for circumstances beyond our control (e.g., Force Majeure, terrorism, war, or acts of God). We accept no responsibility for losses or extra cost due to delays, schedule changes, or cancellations in train, bus, ship, airlines or other land, lake or river services, medical issues, bad weather/climate conditions, war, terrorist acts, strikes, quarantine, luggage delay or loss, or other causes.
Assumption of Risk/Waiver
Traveler is aware that travel to such areas as traveler is undertaking may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Open Doors Morocco and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Open Doors Morocco, LLC and its owners, employees, agents, and assigns (collectively Open Doors Morocco) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Open Doors Morocco, and traveler hereby covenants not to sue Open Doors Morocco for any such claims or join any lawsuit or action that is suing Open Doors Morocco. This agreement also binds your heirs, legal representatives, and assigns. The terms of this ASSUMPTION OF RISK/WAIVER & RESPONSIBILITIES AND RELEASE OF LIABILITY paragraphs shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise.
Indemnification
Traveler agrees to and shall indemnify and hold harmless Open Doors Morocco, LLC and its owners, employees, agents, and assigns (collectively “Open Doors Morocco”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Open Doors Morocco (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, mediations, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
Your Behavior While Participating
For travelers participating in Open Doors Morocco tours, in the sole discretion of Open Doors Morocco and our suppliers, we may require any traveler to leave the tour if it is reasonably believed that the traveler has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or Open Doors Morocco representatives, and our suppliers, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or has failed or refused, or is failing or refusing, to follow Open Doors Morocco rules and procedures. In the event a traveler is removed, such traveler may be left at any city without any liability to Open Doors Morocco or its representatives or suppliers. Open Doors Morocco shall not be required to refund any portion of the price paid by any traveler who is removed under the terms of this paragraph, nor shall Open Doors Morocco be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the traveler as a result.
Pre-existing Medical Conditions/Persons with Disabilities
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your travel or tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Open Doors Morocco will communicate requests to suppliers but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Open Doors Morocco at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
Photographic/Video Likeness
Traveler hereby gives consent to Open Doors Morocco to publish any photographs and/or videos from the tour of traveler in printed or electronic media without obtaining further consent and without compensation. Each traveler releases Open Doors Morocco and its representatives from any liability in connection with any use of such photographs and/or video.
Class Action Waiver/Limitation of Damages/Notice of Claim
You agree that you will only bring claims against Open Doors Morocco in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Open Doors Morocco shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Open Doors Morocco unless you have first provided a typewritten notice of claim to Open Doors Morocco within 30 days after the trip or cancellation of the trip.
Choice of Law/Venue
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Kentucky exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Kentucky.
Entire Agreement & Severability
This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Open Doors Morocco. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.