BERBER TREASURES TERMS & CONDITIONS

The Morocco tours described on this website are operated by Berber Sahara Treasures, which has its head office in Ouarzazate, Morocco in conjunction with Berber Treasures Pty Ltd, which has its head office in Sydney, Australia (together Berber Treasures).
These Terms & Conditions contain important information and set out your contractual agreement with Berber Treasures. It is essential that you carefully read and understand them. If you have any queries regarding these Terms & Conditions or do not understand them, please raise your query with a member of our staff.
By booking with Berber Treasures and paying the 25% non-refundable deposit, or full payment, you acknowledge that you have read, understood and agree to these Terms & Conditions. Receipt and acceptance of your payment will be confirmed in writing to you. It is compulsory for, and the responsibility of, all Berber Treasures clients to hold adequate and valid travel insurance before commencing a Berber Treasures tour of Morocco.

1. BOOKING A TOUR

To make a booking we prefer you email us at info@berbertreasures.com.au or you can send a facsimile to, in Morocco +212 (05) 2488 7214 or in Australia +61 (02) 9267 0098. We will then send you an invoice setting out the total cost of your Berber Treasures Morocco tour (the Tour Price), the tour start date and itineray summary and tour inclusions.
Bookings More Than 8 Weeks in Advance of Tour Start Date: A non-refundable deposit of 25% of the invoiced Tour Price is required to make a booking. This deposit is non-refundable but can be credited to the cost of an alternative trip taken within 26 weeks of your original invoiced tour start date if we receive at least 56 days written notice of cancellation (see “Cancellation” below). Receipt and acceptance of your deposit will be acknowledged in writing. The balance of the Tour Price is due 56 days in advance of your tour start date and, if this payment fails to reach us by that date, we reserve the right to treat the booking as cancelled and retain the deposit. Please note that we do not issue reminders.

Bookings 8 Weeks or Less in Advance of Tour Start Date: To make a booking 56 days or less prior to the tour start date, we must recieve and accept payment in full of your Tour Price before the booking will be accepted.

Tour Confirmation: On receipt and acceptance of payment in full of your Tour Price, we will confirm your tour arrangements in writing and issue a Detailed Itinerary (the Confirmed Tour).

Method of Payment: Berber Treasures prefers payment by direct deposit (electronic bank transfer). However, payment can also be made by credit/debit card or cheque. Cheques should be made out to Berber Treasures Pty Ltd. Cheque payments are not accepted for bookings less than 45 days prior to the tour start date. Payment by credit card (Visa and MasterCard only) incurs the percentage surcharge levied by our banking service. Please note payments are not received until the cleared funds are credited to Berber Treasures’ bank account. Details of these payment options will be setout on your Berber Treasures invoice.

Client Details to be provided: At the time of booking, you must provide the full names, as they appear on passports, of all clients included on the tour itinerary.

2. TOUR PRICE, VALIDITY AND INCLUSIONS

Validity: The Tour Price is based on costs and exchange rates applicable when the quote is provided to you. Berber Treasures reserves the right to adjust the Tour Price, services or other particulars before receipt and acceptance of full payment of your Tour Price. Berber Treasures will do everything with in our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Once full payment is received and accepted by Berber Treasures, we will confirm your tour arrangements in writing and issue your Detailed Itinerary, and your tour will not be subject to further surcharges or increases.

Inclusions: The Tour Price includes those activities, transport, accommodation, meals and other miscellaneous items expressly stated to be included. In respect to meals, half-board includes breakfast and dinner; whereas full-board includes breakfast, lunch and dinner. Airport/hotel transfers included in the cost of a group holiday only apply to members of your tour party travelling on agreed flights. If you arrive or depart on different flights you are responsible for your own transfer costs and arrangements. Flight bookings are your responsibility and Berber Treasures is not responsible for any expenses, loss or other damage caused to you by the acts or omissions of an airline carrier.

Except where expressly stated, airfares, passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities, extra meals, laundry, drinks, medical expenses, optional activities and excursions and any items of a personal nature are not included in your Tour Price.

3. AMENDMENTS TO YOUR CONFIRMED TOUR

Requests to amend a Confirmed Tour must be made in writing quoting your booking reference number (invoice number) together with the requested amendment. Berber Treasures will try to accommodate requests to amend a Confirmed Tour, but we cannot guarantee to do so. Amendments to your Confirmed Tour are not usually possible within 30 days of the start date of your trip. If, while in Morocco, you deviate from the Confirmed Tour all costs resulting from such an action are your responsibility. No refunds will be made for any unused accommodation, transport, sightseeing, meals, services, or any other trip inclusion not utilised. No refunds will be made if you leave a trip for any reason after the trip has begun.

In the case of amendment to your Confirmed Tour, you will be liable for any additional costs incurred, together with an administration charge of $50 per person. Where Berber Treasures confirms amendments, you are responsible for ensuring that your visa and/or insurance cover and/or flights remain valid.

Where, for whatever reason, Berber Treasures cannot make the requested amendment, you may proceed with the trip as set out in the Detailed Itinerary for your Confirmed Tour, or you may cancel the trip in which case you will be liable for the cancellation charges in accordance with the scale set out below.

4. YOUR TRIP AND ASSUMPTION OF RISK

Berber Treasures operates trips in Morocco where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure and environmental conditions may, at times, not be of the standard that you are used to or typically experience at home. If you are in any doubt about the suitability, to your own requirements, of the facilities, transport, accommodation or conditions prevailing in Morocco, then you should make a written enquiry to us with which we must agree as we cannot otherwise be held responsible for failure to meet your requirements. Whilst every effort will be made to meet reasonable requests, they cannot be guaranteed.

By booking with us you acknowledge that participation in all Berber Treasures trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience, and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a Berber Treasures trip involves visiting remote or unstable regions, desert regions or regions where there is dangerous wildlife, or if you are undertaking activies such as trekking, biking or riding animals.

It is your responsibility to accustom yourself with the travel advice provided by your government body (in Australia, the Australian Department of Foreign Affairs and Trade), before commencing the tour. By booking with Berber Treasures you acknowledge your decision to travel on a Berber Treasures trip is made after due consideration of relevant travel information that may be made available at any time.

5. EXCLUSION OF LIABILITY

Except where stated otherwise, Berber Treasures acts as agent for service providers when making arrangements for your trip. Where Berber Treasures provides services it will do so with due care and skill. Berber Treasures is not responsible for the acts and omissions of others, including tour guides, animal handlers, airlines and accommodation providers or in relation to animals (including animal rides, safaris or treks) or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others or activites involving animals. You warrant that you have not relied on any representation made by Berber Treasures and its officers, employees, agents, and representatives or any travel agent, which has not been stated expressly by Berber Treasures on its website or in the Detailed Itinerary for your Confirmed Tour.

Berber Treasures will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Berber Treasures tour (including pre- and post- accommodation and activities not included in your Confirmed Tour) are entirely at your own risk and Berber Treasures cannot and does not give you any assurance, representation, or warranty in connection with any such arrangements. This includes activities, services and other items indicated to be optional on the Detailed Itinerary for your Confirmed Tour.

To the fullest extent permitted by law and subject to the exception set out below, Berber Treasures does not accept liability for any loss, death, injury or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of Berber Treasures to comply with its obligations under this contract, or in respect of any other conduct that Berber Treasures undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Berber Treasures and its officers, employees, agents and representatives (together the Representatives) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Berber Treasures or its Representatives as a result of your participation in any trip. For these purposes, Berber Treasures enters into these Booking Conditions as trustee or agent for its Representatives.

To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions, is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again
Exception: The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict, or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction, or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act, 1974 (C’th), and any state or territory Fair Trading Act (or its equivalent).

6. CANCELLATION BY BERBER TREASURES

Berber Treasures reserves the right to cancel a Confirmed Tour and will advise you of such cancellations no later than 56 days before the tour departure date. Where the cancellation is due to ‘Force Majeure’ or government travel advice, Berber Treasures reserves the right to cancel a departure at any time. Should Berber Treasures cancel your confirmed trip you will be given the choice of taking the same holiday within a 26 week period or accepting a full refund (except in the case of ‘Force Majeure’ or government travel advice when refunds will be less any unrecoverable costs). Berber Treasures will not be liable for any additional costs incurred by you or to pay any other compensation to you.

Force Majeure: Berber Treasures will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ includes a circumstance beyond the reasonable control of Berber Treasures and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, natural, industrial or nuclear disaster, adverse weather conditions, fire, flood and strikes.

7. CANCELLATION BY YOU

If you wish to cancel your Confirmed Tour, notification of cancellation must be made to Berber Treasures by email to info@berbertreasures.com.au. The date of the cancellation is the date on which written notification is received by Berber Treasures. Cancellation Charges are applicable as follows, per person:

Days Prior to Trip Start Written Notice Received Cancellation Charge
At least 56 days: Loss of deposit
31 – 55 days: Loss of 50% of Tour Price
30 days or less: Loss of 100% of Tour Price

If we do not receive the balance of the Tour Price within 56 days of the tour start date on your Berber Treasures invoice we may treat your booking as cancelled and you will lose your deposit. Additional Berber Treasures cancellation penalties may apply. Please note that we do not issue reminders.
Before cancelling your booking, we recommend you review your insurance policy’s terms concerning recovery of cancellation charges.

8. CHANGES TO YOUR HOLIDAY

You acknowledge that Berber Treasures’ Morocco tours and destinations require clients to be flexible and to allow for alternatives and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Berber Treasures’ control or which simply cannot be foreseen. For this reason, while every attempt will be made to adhere to the Detailed Itinerary for your Confirmed Tour, your Detailed Itinerary must be taken as an indication of what may take place and not as a contractual obligation on the part of Berber Treasures. Berber Treasures does not accept any responsibility for loss of enjoyment, delays, or compensation resulting from circumstances beyond Berber Treasures’ control.
The information about tours given on/by Berber Treasures’ website, quotes, invoices, communications, Detailed Itineraries and Confirmed Tour is subject to change. The information and conditions in the Confirmed Tour are deemed to be part of the contract. Where changes to your Morocco tour occur after you have received the Detailed Itinerary for your Confirmed Tour we will, where practical, advise you of such changes.

9. AUTHORITY OF THE LEADER

At all times the decision of the Berber Treasures driver or Representative (Berber Treasures Leader) will be final on all matters likely to affect the safety and well-being of the tour. This includes any decision the Berber Treasures Leader makes about your on-going participation in the tour or activities that comprise part of the tour. If you fail to comply with a decision made by a Berber Treasures Leader, or interfere with the well-being of your travel companions, then the Berber Treasures Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.

10. COMPLAINTS

If you have any complaint about your Morocco tour, you must make it known at the earliest opportunity to your driver and/or Berber Treasures local representative, who will normally be able to take appropriate action. In the case of dissatisfaction with any hotel, you should report the problem to the Hotel Manager so that immediate action can be taken to remedy the problem. If at the end of the tour you feel your complaint has not been satisfactorily dealt with you and you wish to take the matter further, you must notify Berber Treasures in writing by email to info@berbertreasures.com.au within 30 days of the end of your trip of the details of your complaint.

11. TRAVEL INSURANCE

Adequate and valid travel insurance is compulsory for all Berber Treasures clients. All types of insurance are your responsibility. Before setting out on your trip you must obtain travel insurance covering loss, expenses and damages arising from accidents, injury, illness and death, medical expenses, including any related to pre-existing medical conditions, emergency repatriation and personal liability (the Compulsory Travel Insurance). Berber Treasures also recommends your insurance covers cancellation (including cancellation of the trip (in whole or in part) and of flights), curtailment, delays and loss of luggage, personal money and personal effects. By booking a tour and paying the deposit or full Tour Price you agree to obtain the Compulsory Travel Insurance before commencing your Berber Treasures tour. You must carry proof of insurance with you and produce it if reasonably requested by Berber Treasures’ employees or suppliers. Berber Treasures reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour of Morocco, with no right of refund, if you are unable to provide proof of insurance when requested.

12. PASSPORT AND VISAS

You are responsible for meeting any visa and passport requirements. Information on visa and passport requirements can be obtained from your nearest Moroccan Embassy. All clients must be in possession of a passport valid for 6 months beyond their intended stay.

13. HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS

There are no age limits on Berber Treasures Morocco tours, but you should be healthy and fit to travel and your health and fitness level must be appropriate for the activities you plan to undertake (including, without limitation, any trekking, biking or animal rides). It is your responsibility to advise Berber Treasures of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of your tour. You must, if asked, provide an assessment of your medical condition from a qualified medical practitioner confirming you are fit to travel and participate in the tour. Berber Treasures reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Berber Treasures also reserves the right to cancel your participation in a tour, or activity included in a tour, at any time, including after the commencement of your tour, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the tour and the enjoyment of your tour companions.

14. SPECIAL REQUESTS

Special requests or requirements that are essential to your booking (e.g. dietary requirements, wheelchair assistance or special facilities for certain medical conditions) must be made to us by email before you book.
Berber Treasures will do its best to accommodate special requests, and the request will only become a term of your contract with Berber Treasures if we confirm in writing that the request can be met and it is stated on the Detailed Itinerary for your Confirmed Tour to be included. You are responsible for any extra charges incurred in respect to such special requests and Berber Treasures cannot guarantee you will be able or permitted to participate in all tour activities.

Berber Treasures will pass on any other reasonable requests that you may have (e.g. room locations or meal preference) but such requests cannot be guaranteed and will not form part of the contract. No compensation will be payable if such requests are not fulfilled.

15. PUBLICITY

You agree Berber Treasures may use images of you taken during the tour, without recourse to you and without compensation to you, for publicity and promotion purposes only, through whatever medium it chooses.

17. PRIVACY

In order to be able to supply a service to you Berber Treasures needs to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. This applies to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers we cannot provide your booking. In making this booking, you consent to all necessary information being passed on to the relevant persons.
If you wish to have a copy of the personal information we hold for you, we will supply this upon receipt of a written request. Please email us or telephone us on (Morocco) +212 (06) 6114 2959, (Australia) +61 (02) 9267 0097 for further information.

18. GOVERNING LAW

This agreement will be governed by and construed in accordance with the law of New South Wales, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia as regards any claim or matter arising under this agreement.