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I - Identification of the parties :
These general conditions of sale are considered as a contract concluded between "Capsim Tourisme" and the Suppliers ( Hotel, Resort, Residence, riad, Guesthouse or any other type of tourist accommodation).
"Booking. Capsim", is a Platform of the company CAPSIM TOURISME SARL located at Bd. 20 August, Commercial Gallery Les Omayades, seaside area, Agadir, Morocco.
R.C: 9515 Patent: 48350063 IF: 06903493 CNSS: 6617552 ICE: 001656395000058
Hereinafter referred to as "Booking. Capsim".
It is agreed as follows:
Hereinafter referred to as "Hotel".
In this contract, unless otherwise specified, the terms mentioned shall have the following meaning:
"Partner" refers to the operator of accommodation (Hotel, Resort, Riad, Guest House or any other type of tourist accommodation, car rental agency,).
" Customer " is the natural or legal person, who makes a reservation through the website www.capsimtourisme.com.
II - Terms of the contract:
1 - Purpose
"Booking. Capsim" is a real-time (online) reservation center,
This contract defines the principles of collaboration and partnership between the two parties. This collaboration provides that "Booking. Capsim" provides its service of promotion and marketing of the hotel through its website, on the search engines Google, Yahoo, Bing and social network pages (Facebook, tweeter, Viadeo, etc...) dedicated to the development of tourism in the most popular destinations.
2 - Membership
Any partner can apply for membership at "Booking. Capsim".
However "Booking. Capsim" reserves the right to refuse any membership that does not seem to comply with the code of ethics of the profession.
3 - Term of the Contract
This non-exclusive collaboration agreement is concluded for an indefinite period.
It is agreed as follows:
Hereinafter referred to as "Partner".
In this contract, unless otherwise specified, the terms mentioned shall have the following meaning:
"Partner" refers to the operator of a car rental agency and hotel, Resort, Riad, Guest House or any other type of tourist accommodation, , travel agency.
" Customer " is the natural or legal person, who makes a reservation through the website www.capsimtourisme.com
- Termination
Each of the two parties may terminate the collaboration contract at any time, without notice, by registered letter with acknowledgment of receipt.
In the event of termination, any reservation previously confirmed by the platform must be honored by the partner.
4 - Commitment of "Booking.Capsim".
As part of its development program, "Booking. Capsim" allows any contractual partner to distribute and sell the services available from its establishment on the website, in order to benefit from a wider customer base, in return for a percentage commission on booking.
"Booking. Capsim" undertakes to implement all means of web marketing to ensure effective marketing of the establishment and reserves the right to terminate this contract for any partner who does not meet the satisfaction of its customers without notice. In this case, a notice of termination will be sent in accordance with Article 3-2.
5 - Commitment of the partner
The partner will have to feed its Extranet space 'web form' with information (texts, list of its services, photos, prices),
The partner is committed to the truth and accuracy of the information posted online. This includes all relevant data on the preparation, prices and services provided.
"Booking.Capsim" is not responsible for information indexed by the partner on its Extranet customer area.
The partner is responsible for updating his schedule in the Extranet customer area (login & password) which are assigned to him by "Booking.Capsim" as soon as this contract is signed.
The partner undertakes to respond on its possibilities within 30 minutes of receipt of the email of the booking request.
If for any reason the partner is unable to honour a reservation made on "Booking.Capsim", he will have to find an alternative solution for the customer with the same conditions.
The partner is obliged to respect the rates stated on the confirmation of any booking made on "Booking.Capsim".
6 - Limitation of liability
"Booking.Capsim" undertakes to use all means at its disposal and to perform all possible diligence in the execution of its services under this contract, When a reservation is made on "Booking.Capsim", the contract will be concluded between the customer and the Hotel, "Booking.Capsim" can in no way be considered as a party to this contract, "Booking.Capsim" is responsible exclusively as a distribution agent and can in no way be held liable for any shortcomings of the partner, relating to the execution of the contract with the customer.
7- Confidentiality
Each party undertakes not to disclose to any other third party any information relating to the principle of this collaboration agreement, as well as any other information concerning the activity, marketing, know-how or organisation of the other party.
8-Fees
The partner undertakes to provide on "Booking.Capsim" these best rates, promotions and package offers. These rates can in no case be higher than the public or promotional rates applied.
9- Reservations
The customer books via "Booking.Capsim" according to availability.
At the time of booking, several methods of payment are offered to customers. "Booking.Capsim" has to charge 20% of the total amount of the reservation regardless of any changes that may occur. The remaining balance of the stay is paid on the spot by the customer at the time of check-in.
The partner must inform from his Extranet that in case of high season, the payment of the stay will be 100% at the time of booking (ref percentage).
Capsim Tourisme is responsible for paying the hotel for the stay made after subtracting its commission of 20% on the reservation.
10 - Modification of reservation
The customer will have a customer area that will allow him/her to make changes to his/her initial reservation. The conditions of changes granted by the partner on its Extranet will be applied.
11 - Cancellation of a reservation
In case of cancellation or "no show" of a reservation made on Booking.Capsim, the cancellation conditions of the partner and communicated to the customer when confirming in the voucher will be applied.
12 - Applicable Rights - Jurisdiction
These clauses are subject to Moroccan law. In the event of a dispute relating to the interpretation, execution or breach of this agreement, the parties undertake to reach an amicable agreement. In the absence of conciliation, the dispute shall be subject to the exclusive jurisdiction of the Moroccan courts.
