GENERAL CONDITIONS OF ONLINE SALE (GCOS) BILLY STAYS
These general conditions are intended to govern the tripartite commercial relationship between: BUYER ONLINE & BILLY STAYS & THE OWNER OF THE LEASED ASSET
In what follows it will be used to designate the following parties and terms:
· BUYER ONLINE: THE CUSTOMER
· BILLY STAYS: BILLY STAYS
· THE OWNER OF THE LEASED ASSET: THE OWNER OF THE BILLY STAYS PROPERTY is an intermediate of tourist products lease (luxury villas, luxury boutiques-hotels etc...) between THE CUSTOMER and THE OWNER OF THE PROPERTY
It exposes and allows via its Website www.billystays.com, to THE CUSTOMER to make bookings with online payment of tourism products offered by THE OWNER (S) OF THE PROPERTY.
Characteristics, prices and terms of payment are fixed by THE OWNER (S) OF THE PROPERTY.
The present general conditions of online sale are systematically communicated to each CUSTOMER wishing to reserve one or more tourist products online, proposed the Website www.billystays.com.
These conditions prevail over the general conditions of purchase of the CUSTOMER.
The fact of validating the booking implies the whole and unconditional adhesion of the CUSTOMER to these terms and conditions of online sales and no particular condition may, except formal and written acceptance on the part of BILLY STAYS, prevail over these general conditions of online sale.
The information contained in the website www.billystays.com, are provided for information only without commitment, THE OWNER OF THE PROPERTY may be modified at any time without notice. Users of the website www.billystays.com are supposed to have read and accepted the GCOS.
2 - TAKING INTO ACCOUNT OF BOOKING
The online bookings made by THE CUSTOMER are deemed confirmed only by the validation of the corresponding payments, except in the case where it is expressly mentioned that the prior payment is not mandatory.
The booking is considered firm and final, either by the completion of the CUSTOMER of the online payment transaction, or by clicking on the button “VALIDATE” in the case where advance payment is not required.
The BILLY STAYS confirmation e-mail is not an endorsement or commitment; it is rather an acknowledgment of receipt of the booking and a registration of a proposal to purchase a specific stay at a given price.
3 - OFFERS
The offer posted on the Website is valid within the limit of availability. It may be modified at any time without prior notice.
4 - PRICE
Prices are based on prevailing economic conditions at the time of booking and may be modified according to changes in market components (supply & demand). They are revisable at any time, in compliance with the legislation in force (duties and taxes, exchange rate...). Prices are in Euro including all taxes.
5 - CANCELLATION TERMS
For each property leased on the Website, the cancellation conditions will be displayed. Before validation of payment by THE CUSTOMER, the latter is supposed to have taken knowledge of the conditions of cancellation.
6 - ONLINE SALE OPERATION
The payment on the website www.billystays.com must be made exclusively by a valid credit card. THE CUSTOMER provides all required information on the site, and validates the total price. The sale will only be confirmed by the insertion of the credit card data.
The amount paid online, will be recorded by BILLY STAYS, and will be transferred to the OWNER OF THE PROPERTY after 24 hours of the date scheduled for the arrival of the CUSTOMER.
7 - REMUNERATION OF BILLY STAYS
The remuneration of BILLY STAYSS will be in the form of a commission on the total amount Excluding Taxes of the price applied to each operation.
The rate of the commission is equivalent to 15% of the total price of the stay, the amount to be deducted from the price by BILLY STAYSS, and the balance will be transferred to THE OWNER OF THE PROPERTY after 24 hours of the date scheduled for the arrival of the CUSTOMER.
8 - CUSTOMER CLAIM AND REFUND
The claims are based on 3 cases:
1. Unilateral annulment by THE OWNER OF THE PROPERTY of a confirmed booking, shortly before the date scheduled for the stay.
2. Great difference between the description of the property on the Website and the reality
3. A breakdown in one of the equipment necessary for the stay, confusion in matters of security, or problem of cleanliness of the property object of the lease.
In each of the following cases, BILLY STAYSS undertakes to remedy the claim immediately, or to have THE CUSTOMER refundd, at least the amount he has committed to make his booking, and this, within a maximum of 45 days
The assessment of the claim lies exclusively with BILLY STAYSS and is binding on the CUSTOMER.
The claim requires the following conditions:
- It must be raised by the person who made the booking.
- It must be sent in writing or by telephone to BILLY STAYSS, no later than 24 h after the beginning of the stay.
- It must not be the direct or indirect deed or fault of the claimant.
9 - OBLIGATIONS OF THE OWNER OF THE PROPERTY
The owner must ensure that the property to be leased via BILLY STAYSS meet minimum standards of quality.
The information displayed on the Website must be accurate without being confusing.
During the customer's stay THE OWNER OF THE PROPERTY must be available or be represented by an available person, in order to try to resolve any claims.
In case of a claim which had no effect, BILLY STAYSS, shall either refund THE CUSTOMER on the full price he paid, or transfer him to another similar accommodation, dependent on THE OWNER OF THE PROPERTY to refund BILLY STAYSS for the refunded amount or the cost of relocating THE CUSTOMER to another facility.
The CUSTOMER's claim, takes precedence over the cancellation conditions of THE OWNER F THE PROPERTY. The latter is obliged in case of claim, to act immediately to remedy it. Where the claim is contested by THE OWNER OF THE PROPERTY, the latter must send his explanations to BILLY STAYS, in writing, possibly with photos that support the arguments produced by him.
a) Announcements posted by THE OWNERS OF THE PROPERTY: The announcement posted by THE OWNER OF THE PROPERTY leased on the Website, shall include accurate and complete information, namely the description of the property, dates of availability and any other specificity. THE OWNER OF THE PROPERTY is required to update his announcements permanently. It may be required by BILLY STAYS that the photos and video of the announcements be of a precise format, a precise resolution or a precise size.
The announcement posted by the owner represents an offer ; the booking of the CUSTOMER represents an acceptance of the offer, the acknowledgment of receipt of this booking by THE OWNER OF THE PROPERTY shall constitute an electronic contract between the latter and THE CUSTOMER, which will be governed by the provisions of the Moroccan law No. 53-05 on the electronic exchange of legal data.
THE OWNER OF THE PROPERTY may require a security deposit from THE CUSTOMER. However, this security deposit must be clearly stated in the advertised announcement. It can in no case be requested from the CUSTOMER after booking.
By publishing his announcement for leasing of his property, THE OWNER OF THE PROPERTY, certifies that this lease is not in contradiction with a law, a regulation or an agreement of which he is a part.
Conditions of the announcement: The booking conditions contained in the announcement published by THE OWNER OF THE PROPERTY must be in accordance with the GCOS. None of these conditions must be in contradiction with the present GCOS.
b) Pricing: THE OWNER OF THE PROPERTY is the sole responsible for pricing. Once the booking is made by the CUSTOMER, no additional price can be asked.
c) Insurance: THE OWNER OF THE PROPERTY is required to obtain an insurance adapted to the services he offers.
10 - CUSTOMER OBLIGATIONS:
THE CUSTOMER can make a booking by following the booking procedure indicated on the Website. The confirmation of this booking by THE OWNER OF THE PROPERTY is considered as a conclusion of a contract under which THE CUSTOMER and THE OWNER OF THE PROPERTY are mutually committed.
THE CUSTOMER must comply with all the conditions required by THE OWNER OF THE PROPERTY. In the case of a CUSTOMER booking on behalf of another person, the latter must comply with the said conditions.
During the stay of the CUSTOMER, and for security reasons, THE OWNER OF THE PROPERTY retains the right to access his property.
THE CUSTOMER agrees to leave the accommodation, at the time previously agreed with THE OWNER OF THE PROPERTY. Any overrun will entitle THE OWNER OF THE PROPERTY to proceed to the eviction of the CUSTOMER by any means consistent with the applicable laws. Additional fees will be billed to the CUSTOMER for his overrun, to which he will be indebted to THE OWNER OF THE PROPERTY. These costs cannot be less than twice the average price of the night, and this as compensation for THE OWNER OF THE PROPERTY. One hour overrun is considered 24 hours (one night).
THE OWNER OF THE PROPERTY may require, as a condition of booking, a security deposit, which will be, at the end of the stay, returned to the CUSTOMER, or cashed by THE OWNER OF THE PROPERTY, totally or partially as excess costs.
11 - CANCELLATION OR MODIFICATION OF BOOKING:
A confirmed booking may be subject to cancellation or modification by the CUSTOMER or the OWNER OF THE PROPERTY. This change or cancellation may result in a change or cancellation fee, depending on the terms of the announcement posted on www.billystays.com. The party having canceled or modified the booking shall bear the expenses related thereto.
If the CUSTOMER cancels a booking, he will be refunded by THE OWNER OF THE PROPERTY of the amount paid during his booking, and this, according to the cancellation conditions displayed in the announcement.
In the event that the cancellation of the booking is made by THE OWNER OF THE PROPERTY, he must refund the full amount to the CUSTOMER, and cancellation fees may be applied against THE OWNER OF THE PROPERTY, depending on the conditions displayed in the announcement.
Exceptionally, BILLY STAYS can cancel a booking and make the resulting refunds, and in the case this cancellation will avoid a prejudice that BILLY STAYS could suffer as a result of this booking.
12 - TECHNOLOGICAL TOOLS AND PERSONAL INFORMATION: BILLY STAYS uses a number of technological marketing tools to better study and understand the expectations of users of the Website www.billystays.com. On this occasion, BILLY STAYS will request and process personal data of the Website users. This collection and treatment is done by BILLY STAYS under Articles 3, 4 and 5 of Moroccan Law No. 09-08 on the protection of individuals with regard to the processing of personal data. Acceptance of these terms and conditions of online sale, by THE CUSTOMER is deemed to be an express authorization from BILLY STAYS to collect and use his personal data. Specialized partners can be designated by BILLY STAYS, and be allowed to use these tools and information to help it better satisfy the users of the Website.
13 - RATINGS AND COMMENTS:
BILLY STAYS provides under the heading "TESTIMONY", A tool for evaluating stays and experiences of the CUSTOMERS, which will serve as a space dedicated to CUSTOMERS' remarks (positive and negative) on the quality of the offered services. This tool is implemented with the aim of constantly improving the services presented by THE OWNERS OF THE PROPERTY. The remarks or comments should be fair and sincere, without any denigration or disrespect.
14 - DISPUTES BETWEEN PARTIES:
The parties (CUSTOMER - OWNER OF THE PROPERTY) are required to fulfill their obligations under the contract binding them. Among the obligations of the CUSTOMER, the handover of the accommodation in the state where he found it. He is responsible for his actions, and his omissions and any damage that may affect the accommodation by his act, will result in repair on his part. The security deposit requested by THE OWNER OF THE PROPERTY on booking may be used to cover the cost of this repair. THE CUSTOMER will be able to make use of the guarantee of his insurance, in the case where he has an insurance contract covering this kind of disaster.
15 - CONDITIONS OF USE:
Any user of the Website www.billystays.com must have the capacity of exercise and enjoyment to contract, as it is defined by the law of his country. By accepting these GCOS, the user certifies that he is legally capable to contract.
For security reasons, the user may be asked for information and official documents providing information on his identity, or to carry out any investigation if necessary.
Since the authenticity of the information provided by the users is very difficult to verify, BILLY STAYS declines any responsibility relative to the reliability of this information.
BILLY STAYS uses Google Maps/Google Earth mapping services. Additional general conditions concerning these services are binding on the user.
Some features require a "user account" on the Website. The information provided when creating this account must be accurate, complete and up-to-date. In the case where a user opens a "user account" for a corporation, he is considered as a legal representative of the corporation.
Once the "user account" opened, that user becomes responsible for all actions taken by the said account. The identifiers of the "user account" are personal and may not be disclosed to third parties.
16 - LEGAL PROTECTION:
The brand " BILLY STAYS ", enjoys all the legal protections, in accordance with the Moroccan Law 2-00 on copyright and related rights and Moroccan Law No. 104 -12 on freedom of prices and competition. Any reproduction, or unfair competition, will lead to a lawsuit in order to assert the rights of BILLY STAYS.
17 - BILLY STAYS SERVICE FEES:
BILLY STAYS may charge THE CUSTOMER or THE OWNER OF THE PROPERTY a service charge related to the use of the Website www.billystays.com
The service charges against the publication of announcements of properties leased by THE OWNERS OF PROPERTIES, are communicated to them, before their publication of their announcements.
18 - CONVERSION AND CURRENCY:
The company BILLY STAYS is a company under Moroccan law. The payment is made on the website www.billystays.com in foreign currency fixed on the Website (limited choice of payment currency). Conversion is done in accordance with the regulations of the Moroccan Exchange Office.
BILLY STAYS may round up or down the amounts to the nearest whole functional base unit of the chosen currency.
19 - TAXES:
According to the tax regulations of the country where the leased property is located, BILLY STAYS may be required to collect certain taxes to be returned to the tax authorities, with a deduction at source of the amounts to be paid to THE OWNERS OF THE PROPERTIES.
20 - RESPONSIBILITY
In any case, BILLY STAYS cannot be liable for damage caused directly or indirectly, both to persons or property, by voluntary or involuntary acts or by parties or third parties. No compensation can be claimed for any reason whatsoever including the deprivation of enjoyment of the accommodation of the CUSTOMER, or the lack of payment of THE OWNER OF THE PROPERTY.
The user of the Website www.billystays.com acknowledges and agrees, to the extent of the law, that he assumes all risks related to the access and use of the Website.
21 - DURATION AND TERMINATION:
This contract is concluded for a period of 30 days, which will be renewed automatically and permanently for successive periods of 30 days until one of the parties terminates. The unilateral termination of the user is done by the simple use of the function "Close an Account”. BILLY STAYS reserves the right to terminate the contract unilaterally, giving the user 15 days notice. Immediate termination without notice or indemnity may be made by BILLY STAYS, as a result of serious misconduct, or a substantial breach of the obligations on the part of the user.
22 - RESOLUTION OF DISPUTES - COMPETENT JURISDICTION
These conditions are governed by the Moroccan Laws. In case of dispute of all or part of these conditions, as for all those that may arise from the implementation of this agreement, it will be conferred jurisdiction for resolution of the dispute, on the Moroccan Arbitration Court at the International Chamber of Commerce Morocco in Casablanca.
23 - MISCELLANEOUS PROVISIONS
BILLY STAYS will not be liable for any type of violation committed by partners or by the users of its website.
BILLY STAYS may store personal data provided by users of the website www.billystays.com in an automated file. These data are only those necessary to commercial and marketing operations. This collection of information is done with the consent of the concerned persons. The website www.billystays.com is protected by powerful security systems and uses a method of encryption of all sensitive data.