The tours referred to in the agreement 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.
1. BOOKING A TOUR
1.1 Your Agreement to These Terms & Conditions: By booking with Berber Treasures (including without limitation, whether you or some other party on your behalf paid for the booking in whole or in part) and/or commencing or seeking to commence a Berber Treasures tour you acknowledge you have read, understood and agree to these Terms & Conditions.
1.2 Invoiced Tour: We will provide you with a tour invoice setting out the tour itinerary, tour dates and total cost of your Berber Treasures tour (the “tour price”) (together “the invoiced tour”).
1.3 Booked Tour: To book the invoiced tour (the “booked tour”):
(a) For bookings more than 56 days prior to the invoiced tour commencement date we must receive payment of a non-refundable deposit of 30% (private tours) or 25% (group tours) of the tour price. This deposit:
(i) is non-refundable and remains so at all times save as provided for by paragraph 2(b) below;
(ii) in accordance with section 6 may be credited to the cost of alternative tour dates for the same tour itinerary taken within 36 weeks of the commencement date of the original booked tour if we receive at least 56 days written notice of cancellation & deferral.
The balance of the tour price is due 56 days in advance of the booked tour commencement date. In accordance with section 6, if we do not receive full payment by that date we reserve the right to treat the booked tour as cancelled.
(b) For bookings 56 days or less prior to the invoiced tour commencement date, we must receive payment in full of the tour price before the booking will be accepted. For the avoidance of doubt 30%, in respect to private tours, or 25%, in respect to group tours, of this payment is and remains at all times the non-refundable deposit within the meaning of these terms and conditions.
1.4 Pre-Departure Tour Briefing Documents Emailed to You: Approximately 4 weeks prior to the commencement of your booked tour we issue pre-departure tour briefing documents provided we have received and accepted payment in full for your booked tour (“tour briefing documents”). These tour briefing documents typically include information specific to the booked tour as well as general Morocco travel information. (If required, on request tour briefing documents may be issued earlier, subject to operational constraints and not before full payment has been received.) Tour briefing documents are issued electronically by email.
1.5 Method of Payment: Berber Treasures accepts payment by direct deposit, electronic bank transfer or credit/debit card (Visa and MasterCard only). Payment by credit/debit card incurs a surcharge as indicated on the tour invoice. Please note payments are not received until the cleared funds are credited to Berber Treasures’ bank account. Details of these payment options will be set out on the tour invoice.
1.6 Tour Participant Details to be Provided: At the time of booking, you should provide the full names, as they appear on passports, of all tour participants included in the tour booking. You must provide these details to us before your tour briefing documents will be issued. Only those individuals specifically identified in your tour briefing documents are permitted to participate in the booked tour.
2. TOUR PRICE, VALIDITY, INCLUSIONS AND GROUP SIZE
2.1 Tour Price Validity: The tour price is based on costs and exchange rates applicable when (a) in the case of private tours and extensions, the quote is provided to you, or (b) in the case of group tour itineraries, on the date the group tour itinerary tour price was original published. Berber Treasures reserves the right to adjust the tour price, services or other particulars before receipt and acceptance of full payment of the tour price. Berber Treasures will do everything reasonable within 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 the booked tour will not be subject to further surcharges or increases.
2.2 Inclusions: The tour price includes only those activities, transport, accommodation, meals, local guides, transfers and other miscellaneous items expressly stated in writing on the tour invoice to be included. In respect to meals, half-board includes breakfast and dinner; whereas full-board includes breakfast, lunch and dinner. Airport, port and/or hotel transfers included in the cost of a booked tour itinerary apply only to members of your tour party travelling on the agreed flights, voyages and/or accommodation as specified in your tour briefing documents. If you arrive/depart on different flights or ferries or stay at alternate accommodation you are responsible for your own transfer costs and arrangements. Flight and ferry bookings are solely your responsibility and Berber Treasures is not responsible for any expenses, loss or other damage caused to you by the acts, omissions or otherwise of an airline carrier or ferry company.
2.3 For the avoidance of doubt, except where expressly stated, airfares, ferry tickets, 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 the tour price.
2.4 Group Size: Berber Treasures does not impose minimum client numbers for its group tour departures except where expressly stated by Berber Treasures in writing in respect to a particular itinerary(s) and/or particularly departure(s). Berber Treasures reserves the right to operate all group tours departures irrespective of group size, and for the avoidance of doubt, a group can be comprised of at least one person.
3. AMENDMENTS TO THE BOOKED TOUR
3.1 Requests to amend the inclusions of a booked tour must be made in writing quoting your booking reference number (invoice number) together with the requested amendment. Berber Treasures will try to accommodate reasonable requests to amend the booked tour, but we cannot guarantee to do so and we reserve the right within our sole discretion to refuse any such request. Amendments to the inclusions are not usually possible within 30 days of the booked tour commencement date. If, while in Morocco, you deviate from the booked tour all costs resulting from any such action are your responsibility. No refunds will be given for any unused portion of the booked tour including, without limitation, accommodation, transport, sightseeing, meals, services, or any other tour inclusion not utilised. No refunds will be made if you leave the booked tour for any reason after the tour has begun. For the avoidance of doubt, this section has no application to requests to cancel a booked tour or to change or defer tour dates/departure or any other matter covered by section 6 below.
3.2 In the case of amendment to the booked tour, you will be liable for any additional costs incurred, together with an administration charge of $250 on each occasion the booked tour is so amended. Any such amendment will not form part of the booked tour unless and until Berber Treasures confirms the amendment to the booked tour in writing and confirms in writing receipt in full of any supplemental costs and charges. Where Berber Treasures confirms an amendment, you are responsible for ensuring your visa, insurance cover and/or flights/voyages remain valid.
3.3 Where, for whatever reason, Berber Treasures does not agree to make the requested amendment, you may proceed with the booked tour, or you may cancel the booked tour in which case you will be liable for the cancellation charges in accordance with the scale set out in these terms and conditions (see section 6 below).
4. YOUR TOUR AND ASSUMPTION OF RISK
4.1 Berber Treasures operates tours 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 expressly agree in writing and include in writing on the booked tour itinerary 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.
4.2 By booking with us you acknowledge that participation in all Berber Treasures tours involves inherent risks that may not be present in the case of conventional or less demanding travel. 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 tour involves visiting remote or unstable regions, desert regions or regions where there is dangerous wildlife, or if you are undertaking activities such as trekking, biking or riding animals.
4.3 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 booked tour. By booking and travelling with Berber Treasures you acknowledge your decision to travel on the booked tour is made after due consideration of relevant travel information that may be made available at any time.
4.4 You also acknowledge situations and circumstances may change at any time, including with little or no notice, and/or rapidly; should this happen you acknowledge it is solely your responsibility to accustom yourself with relevant travel and situational advice and information including that provided by your government body, the Moroccan Government and your airline, and you bear full responsibility for any decision by you to commence and/or continue on the booked tour.
5. EXCLUSION OF LIABILITY
5.1 Except where expressly stated otherwise, Berber Treasures acts as agent for service providers when making arrangements for the booked tour. 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 without limitation tour guides, animal handlers, airlines, ferry companies, bicycle providers, ballooning companies, shops vendors, merchants, meal providers and accommodation providers or in relation to animals (including animal rides, safaris or treks) or any other provider of goods and services, 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 activities 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 in writing by Berber Treasures in its terms and conditions or in the invoiced tour itinerary of the booked tour.
5.2 You acknowledge you are solely responsibility for any goods or services you order, purchase or otherwise obtain, or seek to order, purchase or otherwise obtain, from suppliers, service providers, vendors or others in Morocco while you are on tour with Berber Treasures, or in connection with the booked tour, and will hold Berber Treasures harmless in regard to same. You further acknowledge that should any Berber Treasures officer, employee, agent or representative provide any assistance or advice to you in any regard to such activities they do so in their own personal capacity and not for nor on behalf of Berber Treasures.
5.3 You acknowledge the booked tour is operated and conducted exclusively within Morocco and that any events, circumstances and matters elsewhere have no bearing on Berber Treasures’ readiness, willingness and ability to operate the booked tour in Morocco.
5.4 You acknowledge you bear sole responsibility for ensuring you arrive to the specified tour meeting and/or starting point in Morocco at the specified date and time and you bear sole responsibility for your departure from Morocco.
5.5 Any independent arrangements that you make that are not part of the booked tour (including pre/post accommodation and activities not included in the booked 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 your booked tour itinerary.
5.6 Berber Treasures will not accept responsibility or liability if you contravene any law or regulation of any country or region visited.
5.7 To the fullest extent permitted by law and subject to the exception set out below, Berber Treasures is not liable for and accepts no responsibility for any loss (including financial loss, consequential loss, loss of enjoyment), pain and suffering, accident, 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 the booked tour, 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 the booked tour. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Berber Treasures Pty Ltd and Berber Sahara Treasures and each of their officers, employees, agents and representatives (together the “representatives”) from all costs, expenses, liability, loss and damage suffered or incurred by you in connection with your participation in the tour, and waive any associated claims that you may have against Berber Treasures or its representatives in connection with your participation in the tour. To the fullest extent permitted by law, you agree to hold harmless and indemnify Berber Treasures Pty Ltd and Berber Sahara Treasures and each of their directors, officers, employees, agents and representatives in respect to any actions, claims, proceedings, liability, losses, costs, expenses and damages which they or any one of them suffer, incur or become liable for and which arise from or in relation to any accident, injury, death, pain and suffering, illness, loss, costs, expense, damage or liability you may directly or indirectly suffer or incur, howsoever caused or incurred, arising from or in connection to your participation in the booked tour. For these purposes, Berber Treasures enters into these booking conditions as trustee or agent for its representatives.
5.8 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 by Berber Treasures.
5.9 For the avoidance of doubt, the Frustrated Contracts Act, 1978 (NSW) (or its equivalent) does not apply to this agreement.
5.10 Exception: The “Exclusion of Liability” section set out in these booking terms and 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 contained in the Competition & Consumer Act, 2010 (or its successor), and any Australian state or territory Fair Trading Act (or its equivalent).
6. CANCELLATION BY YOU
6.1 Tour Cancellation: To cancel the booked tour you must provide a written notice of cancellation 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:
| Days Prior to Tour Start Written Notice Received | Cancellation Charge |
|---|---|
| At least 56 days: | Forfeiture of the non-refundable deposit (Private Tours: 30% of Tour Price; Group Tours: 25% of the Tour Price) |
| 46 – 55 days: | Forfeiture of 75% of Tour Price |
| 45 days or less: | Forfeiture of 100% of Tour Price |
6.2 Before cancelling the booked tour, we recommend you review your insurance policy’s terms concerning recovery of cancellation charges. We encourage you to obtain travel insurance at the earliest possible point to protect your investment in the booked tour.
6.3 Deemed Cancellation: If we do not receive full payment for the booked tour at least 56 days prior to the booked tour commencement date we reserve the right to treat the booked tour as cancelled and you will forfeit your non-refundable deposit. Additional Berber Treasures cancellation penalties may apply in accordance with the scale set out in this section (paragraph 6.1). Please note we do not issue reminders.
6.4 Client Deferred Tour: If we receive at least 56 days written notice of cancellation together with a written request to defer the tour booking, the non-refundable deposit may be credited to the cost of an alternative tour departure date for the same itinerary taken within 36 weeks of the commencement date of the original booked tour (“client deferred tour”). Your written notice of cancellation and deferral must quote your booking reference number (invoice number) together with your request to credit the non-refundable deposit. In this case any charges and costs (unrecoverable and/or incurred as a result of your cancellation) together with an administration charge of $350 will be deducted from your non-refundable deposit. You will be liable for any additional costs incurred as a result of your client deferred tour departure including, any applicable price difference for the client deferred tour dates.
(a) Factors such as, but not limited to, cancellation charges, seasonal variations, price increases, exchange rates, fuel costs and other operating costs may affect the cost of the client deferred tour. You acknowledge the client deferred tour may not be identical to the original booked tour. You acknowledge that the client deferred tour even if identical (save for the tour dates) to the original booked tour may be at a higher cost. In the case of group tours, you acknowledge Berber Treasures may make changes to group tour itineraries from time-to-time.
(b) In the case of private tours, should you request changes to the original booked tour, we will endeavour to fulfill requests we deem reasonable, however, we reserve the right to refuse any or all requested changes. Where, for whatever reason, Berber Treasures does not agree to make the requested changes, you may proceed with the original booked tour (save for the tour dates), or you may decline to proceed with the original booked tour (save for the tour dates) in which case you will be liable for the cancellation charges in accordance with the scale set out in this section (paragraph 6.1 above).
(c) Your client deferred tour dates must be agreed and confirmed with Berber Treasures in writing at least 6 weeks in advance of the requested tour commencement date. We recommend you discuss preferred tour dates with us at the earliest possible point as confirming the client deferred tour dates is subject to availability and operational considerations.
(d) If the client deferred tour is not taken within the specified 36 week period, our agreement with you is terminated and the cancellation charges set out in this section apply (including, without limitation, the non-refundable deposit is forfeit in full (paragraph 6.1)).
(e) You are responsible for ensuring that your visa and/or insurance cover and/or flights remain valid.
7. CANCELLATION BY BERBER TREASURES
7.1 Berber Treasures reserves the right to cancel the booked tour and will advise you in writing of any such cancellation no later than 56 days before the booked tour commencement date save for where the cancellation is due to ‘Force Majeure’ in which case Berber Treasures reserves the right to cancel the booked tour at any time.
(a) 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, armed conflict, industrial dispute, strikes, disease, epidemic, pandemic, natural, industrial, nuclear, chemical or biological contamination disaster, explosion, accident, acts of God, extreme weather, fire, flood and earthquake.
7.2 Where BT cancels the booked tour, save for in the case of ‘Force Majeure’, you will be given the choice of:
(a) changing to alternative tour dates commencing within 52 weeks from the commencement date of the cancelled booked tour (“BT delayed tour”). The price of the BT delayed tour will be reduced by an amount equivalent to the amount of the tour price Berber Treasures received from you for the cancelled booked tour. You acknowledge the BT delayed tour (tour dates aside) may not be identical to the cancelled original booked tour and even if identical (save for dates) the tour price of the BT delayed tour price may be higher than the cancelled original booked tour. In respect to group tours, you acknowledge Berber Treasures may make changes to group tour itineraries from time-to-time; or
(b) a refund of the amount of the tour price Berber Treasures received from you for the cancelled booked tour inclusive of the otherwise non-refundable deposit received (due to the 56 day advance notice requirements ordinarily you will likely have paid only the non-refundable deposit). You acknowledge this is the only circumstance in which the otherwise non-refundable deposit will be refunded to you.
Berber Treasures will not be liable for any additional costs or expenses incurred by you (including, without limitation, any increased tour costs or other costs in relation to the BT delayed tour departure date or other arrangements you may have made) or to pay any other compensation to you.
7.3 Berber Treasures is not liable to you for any delay in, change to or cancellation of the booked tour due to ‘Force Majeure’. However, should Berber Treasures cancel the booked tour prior to its commencement due ‘Force Majeure’ you will be given the choice of:
(a) a refund of the amount of the tour price Berber Treasures received from you for the cancelled booked tour less unrecoverable costs. You acknowledge Berber Treasures is the operator and primary service provider of the booked tour, and you further acknowledge and agree that these costs include, without limitation, costs related to Berber Treasures’ operational and business costs (including without limitation costs related to tour operation, management, administration, sale and customer dealings) as well as third party costs (including without limitation third party service providers such as local guides and accommodation providers). You also acknowledge these costs are very substantial and may be largely or entirely unrecoverable. For the avoidance of doubt, the non-refundable deposit remains at all times non-refundable (save for as expressly provided by paragraph 2(b) above) and you agree it is not refundable under the provisions of paragraph 7.3; or
(b) changing to alternative tour dates commencing within 52 weeks from the commencement date of the cancelled booked tour (“FM delayed tour”). The price of the FM delayed tour will be reduced, the maximum reduction permitted is to a $0.00 balance owing, by an amount equivalent to the amount of the tour price Berber Treasures received from you for the cancelled booked tour less unrecoverable third party costs. Save for unrecoverable third party costs incurred by or for which Berber Treasures is liable, Berber Treasures will otherwise waive its other unrecoverable costs, and you have no right to any refund, in part or otherwise, if you choose this option. You acknowledge there is no right to a refund, in part or otherwise, if you choose this option. You acknowledge the FM delayed tour (tour dates aside) may not be identical to the cancelled original booked tour and even if identical (save for dates) the tour price of the FM delayed tour price may be higher than the cancelled original booked tour. In respect to group tours, you acknowledge Berber Treasures may make changes to group tour itineraries from time-to-time.
Berber Treasures will not be liable for any additional costs or expenses incurred by you (including, without limitation, any increased tour costs or other costs in relation to the FM delayed tour departure date or other arrangements you may have made) or to pay any other compensation to you.
7.4 You acknowledge the amount of the tour price Berber Treasures received from you excludes any payment fees & surcharges and commissions incurred, including without limitation credit/debit card fees & surcharges and travel agent commissions.
8. OTHER CHANGES TO THE BOOKED TOUR
8.1 You acknowledge that Berber Treasures’ tours and destinations require clients to be flexible and to allow for alternatives and an understanding that aspects of the booked tour, including without limitation the itinerary routing, destinations, accommodation (including style, standard and/or location) and activities, and/or modes of transport, may change, even after commencement of the booked tour, and/or without prior notice due to local circumstances. Changes may occur due to, without limitation, ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, overbooking or unavailability of accommodation, changes in transport schedules, illness, injury, 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 booked tour, the itinerary, accommodation and other aspects of the booked tour 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 or which could not be foreseen.
8.2 The information about tours given on/by Berber Treasures’ website, social media, quotes, invoices, itineraries, communications and other publications is subject to change.
8.3 Where changes to the booked tour occur after you have received the tour briefing documents we will, where practical, advise you of such changes.
9. DELAYS & NO SHOWS
9.1 If for any reason you are late or delayed in joining, commencing or resuming the booked tour, or fail to do so, including without limitation any scheduled arrival transfers, commencing, participating in or resuming tour activities, sightseeing or the continuation of your booked tour including departing the current location, you acknowledge:
(a) In the case of private tours and extensions this will affect the conduct of the booked tour including, without limitation, it may affect the booked tour routing, destinations, accommodation, activities and inclusions; and
(b) In the case of group tours the booked tour will not be delayed and will operate without you; and
You acknowledge you bear sole responsibility for all arrangements and costs (including without limitation any accommodation, transport, sightseeing, meal or service costs and arrangements) incurred in connection with you subsequently joining or re-joining the booked tour. No refunds will be given for any unused portion of the booked tour including without limitation any unused accommodation, transport, sightseeing, meals, services, or any other tour inclusion not utilised.
10. AUTHORITY OF THE LEADER
10.1 At all times the decision of the Berber Treasures driver or representative (the “Berber Treasures Leader”) will be final on all matters likely to affect the conduct, safety and/or well-being of the tour and tour participants. This includes any decision the Berber Treasures Leader makes about your on-going participation in the tour or activities that comprise part of the booked tour. If you fail to comply with a decision made by a Berber Treasures Leader, or interfere with the safety, well-being and/or enjoyment of the tour by other tour participants or the safety or well-being of the Berber Treasures Leader or other service providers, then the Berber Treasures Leader reserves the right to terminate this contract and your ongoing participation in the tour including ordering you to leave the tour immediately or where you are not present or ready to continue with the tour, continuing the tour without you, with no right of refund or other compensation.
11. TRAVEL INSURANCE
11.1 Adequate and valid travel insurance is compulsory for all Berber Treasures clients. All types of insurance are your responsibility. You agree it is your decision and responsibility as to extent and nature of your insurance coverage including, without limitation, as to when your insurance coverage commences, save for you acknowledge you must and agree that before commencing the booked tour you will obtain travel insurance covering loss, expenses, damages or liability arising from accidents, injury, illness and death, medical expenses, including any related to pre-existing medical conditions, emergency repatriation and personal liability, and that you will hold this travel insurance for the duration of the booked tour (the “compulsory travel insurance”). This is a fundamental term of this agreement.
11.2 Berber Treasures strongly recommends your insurance covers cancellation (including cancellation of the booked tour (in whole or in part) for any reason and of flights), curtailment, delays and loss of luggage, personal money and personal effects and any other foreseeable loss, expense, damage and liability related to the booked tour.
11.3 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 the booked tour or in activities that comprise part of the tour, at any time, including after the commencement of the booked tour, with no right of refund, if you are unable to provide proof of insurance when requested.
11.4 We recommend and encourage you to obtain your travel insurance at the earliest possible point to protect your investment in the tour and you acknowledge it is in your interest to do so.
11.5 To the fullest extent permitted by law, Berber Treasures expressly excludes liability to you or any third party for any loss, cost, expense, damage or liability arising from or in any way related to your failure to obtain travel insurance, and/or suitable, adequate or effective travel insurance, and/or the type, nature or extent of your insurance coverage. You agree to hold harmless and indemnify Berber Treasures Pty Ltd and Berber Sahara Treasures and each of their directors, officers, employees, agents and representatives, in relation to any such loss, expense, damage or liability, including, to the extent permitted by law, any such loss, costs, expenses or damages or liability arising out of or in connection with another party’s negligence.
11.6 To the fullest extent permitted by law, you agree to hold harmless and indemnify Berber Treasures Pty Ltd and Berber Sahara Treasures and each of their directors, officers, employees, agents and representatives in respect to any actions, claims, proceedings, liability, losses, costs, expenses and damages which they or any one of them suffer, incur or become liable for and which arise from or in relation to a breach of this section by you; and/or your failure to obtain travel insurance, and/or suitable, adequate or effective travel insurance, and/or the type, nature or extent of your insurance coverage; and/or any accident, injury, death, pain and suffering, illness, loss, costs, expense, damage or liability you may directly or indirectly suffer or incur, howsoever caused or incurred, arising from or in connection to your participation in the booked tour.
12. COMPLAINTS
12.1 If you have any complaint about your booked 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 accommodation, you must report the problem to the accommodation management so that immediate action can be taken to remedy the problem. If at the end of the booked tour you feel your complaint has not been satisfactorily addressed and you wish to take the matter further, you must notify Berber Treasures of the details of your complaint in writing by email to info@berbertreasures.com.au within 30 days of the final day of the booked tour.
13. PASSPORT AND VISAS
13.1 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.
14. HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS
14.1 There are no age limits on Berber Treasures 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 the booked 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 booked 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 and for the avoidance of doubt, the non-refundable deposit remains at all times non-refundable. Berber Treasures also reserves the right to cancel your participation in the booked tour, or activity included in a booked tour, at any time, including after the commencement of the booked tour, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the booked tour and/or enjoyment of the tour or activity by other tour participants.
15. SPECIAL REQUESTS
15.1 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 set out in writing emailed to us at info@berbertreasures.com.au before you book.
15.2 Berber Treasures will do its best to accommodate special requests, but 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 expressly stated to be included on the booked tour’s tour invoice, itinerary and in the tour briefing documents. Requests for tour to be assigned to a particular Berber Treasures tour driver/guide cannot be guaranteed and under no circumstances will the assignment of particular tour driver/guide form part of your contract. 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.
15.3 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.
16. PUBLICITY
16.1 You agree Berber Treasures may use images of you taken during the booked tour and/or that you provide to Berber Treasures and/or its representatives, without recourse to you and without compensation to you, for publicity and promotion purposes, through whatever medium it chooses.
16.2 You agree Berber Treasures may use any comments you provide to Berber Treasures or its representatives in connection with the booked tour, without recourse to you and without compensation to you, for publicity and promotion purposes, through whatever medium it chooses.
17. PRIVACY
17.1 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 or other third parties to enable the services to be provided and, in turn, by them to third parties, including without limitation officers, agents and representatives of the Moroccan Government. We will not use or such information for any other purpose. However, we accept no responsibility or liability in respect to the use or disclosure of such information by our service providers or third parties. This includes any sensitive information that you or a tour participant give to us such as details of any medical, disability, dietary or religious requirements. If we cannot use and/or disclose this information to the relevant third parties we cannot provide you with a tour. It is a condition of participation in the booked tour that you consent to all necessary information being used and/or disclosed to the relevant parties. In making this booking, you consent to all necessary information being used and/or disclosed to the relevant parties.
17.2 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 at info@berbertreasures.com.au for further information.
18. VARATIONS TO THIS AGREEMENT
18.1 This agreement may not be varied except in writing dated and signed by an authorised representative of Berber Treasures.
19. GOVERNING LAW
19.1 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.
20. THE WRITTEN TERMS & CONDITIONS PROVIDED TO YOU
20.1 Berber Treasures’ terms and conditions may change from time-to-time and may differ from this website version which may not have been updated to the current version. For the avoidance of doubt the written terms and conditions provided to you with your tour invoice (and as amended) are those that govern Berber Treasures’ agreement with you.
Contact us for a copy of the current terms and conditions.