TERMS OF SALES

FOR THE "PLAYGOLF.MA" SITE

and «SAMANAH GOLF BY NICKLAUS»

 

WARNING

You have just logged into the PLAYGOLF.MA online booking site.

You must carefully read the following provisions because they constitute a contract establishing the general terms of the products and services of the electronic catalog, or of the electronic store, between the GOLF CLUB where you are booking, and you.

The validation "Read and accepted" that you will perform to validate your ORDER will constitute irrevocable and unconditional acceptance of these general terms and conditions.

As a result, you can only order products or services if you agree to the terms and conditions provided below.

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The services on this site are offered to you by the GOLF CLUB, whose contact details are:

Société : MARPROM SA

HANIA 20 RESIDENCE TARGA 40000, Marrakech

ICE : N°001562671000070

Site du Golf : SAMANAH GOLF BY NICKLAUS

Km14 Route d’Amizmiz, commune de tamesloht, Marrakech, Maroc

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DEFINITIONS

GOLF CLUB: is designated by the terms "GOLF CLUB", "the GOLF CLUB", "of the GOLF CLUB", the commercial entity linked to the course where you reserve, in this case the ROYAL GOLF of MARRAKECH, whose contact details are indicated above.

CUSTOMER : is designated by the term "the CUSTOMER" the natural or legal person who reserves on this site, who will be responsible and who will guarantee the Reservation by the final payment by Credit Card.

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PLAYGOLF.MA: is designated by "PLAYGOLF.MA", this online reservation site, whose technical responsibility is that of the company YAPO SARL, MOHAMMEDIA, ICE 000303003000093 on behalf of the GOLF CLUB. The GOLF CLUB assumes commercial and legal responsibility.

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BOOKING / CART / ORDER: is designated by the terms “BOOKING”, “a BOOKING”, “the BOOKING”, the Service (s) and Services ordered by the CUSTOMER and grouped together in an “ORDER” File (the “CART”) of which the total amount will be paid to confirm and guarantee the services.

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COURSE: is designated by "COURSE" the choice, if necessary, between several courses on the same GOLF CLUB and which can be played in 9 or 18 holes. The conclusion of a RESERVATION on a given COURSE is final and cannot be modified without the agreement of the GOLF CLUB. Certain changes, if accepted, may require additional payment, the prices being linked to the course played, or the number of holes played.

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TEE TIME: is designated by the terms "TEE TIME", the scheduled time of a BOOKING. The conclusion of BOOKING for a given TIME is final and cannot be changed without the agreement of the GOLF. Certain changes, if accepted, may require additional payment, the rates being linked to the schedule. Failure to show up at the latest 10 minutes (ten minutes) before the BOOKING TEE TIME will be considered as an abandonment of the BOOKING which will be automatically canceled and will not give the right to a refund.

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NUMBERS OF PLAYERS: is designated by "the NUMBER of PLAYERS" from 1 to 4 people registered on the reservation. The conclusion of a BOOKING on a given NUMBER of PLAYERS is final and can no longer be changed.

 

PURPOSE OF THE GENERAL TERMS

These general terms form an indivisible whole, and their purpose is to define the obligations of the GOLF CLUB and the CUSTOMER, as well as the conditions of supply by the PLAYGOLF.MA site to CUSTOMERS using this site.

 

SERVICES

The services, prices, photos and illustrations on this PLAYGOLF.MA site is the responsibility of the GOLF CLUB, and under the commercial and legal responsibility of the GOLF CLUB.

The Services and Prices can be updated at any time, without impacting on the BOOKING already made.

 

ACCEPTANCE OF THE GENERAL TERMS

The CUSTOMER acknowledges having read these General Terms of Sales prior to any ORDER of Service and accepting their terms and conditions. For this purpose, he validates the checkbox "read and approved" prior to his ORDER, which implies his unreserved acceptance of these conditions.

The General Terms apply to the exclusion of any other document, clause, or indication to the contrary, subject, however, to the provisions of the GOLF CLUB internal regulations to which these do not derogate.

The applicable General Terms are those in force on the PLAYGOLF.MA Site on the date of your BOOKING. You can obtain a copy of a simple written and dated request, addressed to the head office of the GOLF CLUB.

 

CART / ORDER

BOOKING requested by the CUSTOMER are gathered in a shopping CART which groups together the services and prices ordered by the CUSTOMER. These rates cannot be negotiated or exchanged directly with the GOLF CLUB by any other means of communication such as a phone call or email. Consequently, CART prices are non-negotiable and CART BOOKING must be paid at the indicated price.

CARTS must be paid within 30 minutes (thirty minutes) of the first click on "BOOK and PAY". During this time, the availability of these BOOKING is blocked, and cannot be attributed to other CUSTOMERS. After this period, and in the absence of payment, the CART is emptied, and the availability linked to the BOOKING not honored are released. The ORDER is preceded by acceptance of these general conditions.

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The CUSTOMER certifies the veracity and accuracy of the information transmitted during their ORDER and necessary for processing them. Neither the GOLF CLUB nor the PLAYGOLF.MA site can be held responsible for the potentially harmful consequences for the Customer of a false declaration, impossibility for the Customer to justify his status with the GOLF CLUB, or entry errors. In this context, all costs incurred will be and will remain the responsibility of the CUSTOMER.

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Personal information is necessary for the PLAYGOLF.MA site, and for GOLF, to process your request. They are recorded in files which may give rise to the exercise of the right of access and rectification in accordance with the conditions of the CNDP Maroc.

The acceptance of the ORDER by the GOLF CLUB is materialized by sending the ORDER to the email address indicated by the Customer. Your Credit Card is immediately debited.

In the event that the GOLF CLUB is forced by an external event to cancel the ORDER after it has been confirmed, the GOLF CLUB will inform the Customer by email sent to the email address indicated by this during its ORDER. The sums paid will be fully refunded to the Customer.

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Any BOOKING not honored, interrupted, or shortened by the CUSTOMER cannot give the right to any reimbursement from the GOLF CLUB.

 

CANCELLATION OF AN ORDER

The payment by credit card of the ORDER via the PAYZONE & CENTRE MONÉTIQUE INTERBANCAIRE (MOROCCAN CMI) platform is the materialization of the act of purchase. This act, as well as its data, are recorded by the CENTRE MONÉTIQUE INTERBANCAIRE (CMI) on behalf of the GOLF CLUB and constitute proof of all commercial transactions between the CUSTOMER and the GOLF CLUB.

This act constitutes an unwavering agreement between the parties until the full execution of the ORDER by the GOLF CLUB.

It is not possible to cancel an ORDER on the PLAYGOLF.MA site. The CUSTOMER should try to contact the GOLF CLUB, if necessary.

 

INTERNAL REGULATIONS of GOLF

The CUSTOMER must, always, comply with the internal regulations in force at the GOLF CLUB where he is located (including in particular the license, clothing, and the time of presentation before departure).

The PLAYGOLF.MA site can in no way be held responsible for playing conditions at the GOLF CLUB (grounds under repair, bad weather, winter greens, storms, etc.).

 

PRICES AND VAT

The prices are indicated either in Moroccan Dirhams (MAD or DH or DHS), or for information in EURO (EUR or €), or in American Dollar (USD or $). The currency of payment will always be the Moroccan Dirham (MAD), and if you pay with an international bank card in another Currency, at the current conversion rate indicated by the CENTRE MONÉTIQUE INTERBANCAIRE (CMI).

Value Added Tax (VAT) is included in the prices, at the rate in force on the day the ORDER is placed.

 

PAYMENT BY CREDIT CARD

Your payments by bank card are secured by PAYZONE & “CENTRE MONÉTIQUE INTERBANCAIRE” (CMI) which offers a fully secure payment service.

The CUSTOMER certifies having the authorization and the rights on the Bank Card used, and the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the CUSTOMER, the issuer of the Bank card, and his banking establishment apply.

 

FORCE MAJEURE

Force majeure means any event outside the parties that is both unpredictable and insurmountable which prevents either the CUSTOMER or the GOLF CLUB from fulfilling all or part of the obligations entered. This is particularly the case in the event of a strike, insurrection, riot, prohibitions issued by government or public authorities.

It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the cost of the resulting costs.

The CLIENT and the GOLF CLUB will do their business to find an agreement directly allowing, when possible, to shift the BOOKING to another TEE TIME, or another COURSE.

 

PERSONAL INFORMATION

The information transmitted during your ORDER is necessary for the PLAYGOLF.MA site and the GOLF CLUB for the proper processing of BOOKING. By accepting these general terms of sales, you accept that the PLAYGOLF.MA site communicates this information electronically as part of the BOOKING registered for the GOLF CLUB.

The CUSTOMER can accept to receive commercial offers from the GOLF CLUB by checking the corresponding option box, but by default, this option box is not checked which is equivalent to a refusal (OPT-IN).

 

RESPONSIBILITY

The Services offered on the PLAYGOLF.MA site comply with current Moroccan legislation and the standards applicable to the Kingdom of Morocco. The photographs, texts, graphics, information, and characteristics reproduced and illustrating the Services are not binding. The PLAYGOLF.MA site or the GOLF CLUB cannot be held liable for any error, modification, or omission in any of these photographs, texts, graphics, information, or characteristics.

Hypertext links may refer to websites other than the PLAYGOLF.MA Site. The PLAYGOLF.MA site and the GOLF CLUB disclaim all liability if the content of these sites contravenes the legal and regulatory provisions in force.

 

INTELLECTUAL PROPERTY and RESPONSIBILITY

All the elements of the Site (the domain names, its general structure, the Site tree structure, texts, trademarks, domain names, texts, graphics, graphic charter, iconography, logos, sounds, photos, etc. animations, databases, as well as the Site as such) are the property of the PLAYGOLF.MA site and / or the GOLF CLUB.

The protection of the Site is therefore governed by national and international laws relating to intellectual property law, in particular those relating to trademark law and copyright. Therefore, any reproduction or representation or redistribution or use or distribution or copy or distortion or transmission or adaptation or code disassembly or translation, in whole or in part, on any electronic medium or not, present or future, is prohibited without written authorization, express and prior to the PLAYGOLF.MA site and its representative.

Likewise, no right or license may be attributed to any of the elements of the Site without the prior written authorization of the PLAYGOLF.MA site and its representative, or of the GOLF CLUB, holder of the rights to these elements.

The violation of the rights vested in the PLAYGOLF.MA site is likely to constitute an act of counterfeiting, a civil fault, an infringement of the right to the image and the rights of the people, engaging the civil and penal responsibilities of any offender.

Likewise, information databases are protected by law, so that any extraction or attempted extraction quantitatively or qualitatively substantial, total, or partial, is likely to engage the civil and criminal responsibilities of any offender.

 

GENERAL PROVISIONS

If one or more stipulations of the General Terms of Sales are held to be invalid or declared as such pursuant to a law, a regulation or following a decision which has become final of a court, the other stipulations of the Terms General sales will retain all their strength and reach.

The records kept on the computer system of the PLAYGOLF.MA site constitute proof of the operations carried out by the CUSTOMER and have the value of proof of the ORDERS made and the information given.

 

APPLICABLE LAW AND DISPUTES

These General Terms are subject to Moroccan law. Any dispute arising from these General Terms will be within the exclusive jurisdiction of the courts of the city of the GOLF CLUB.