The present General Terms and Conditions of Sale define the rules for use of the online intermediation platform marrakech.show, referred to as the "MShow Platform", a platform accessible via www.marrakech.show and certain other Internet sites hosted by MShow, referred to as the "MShow Internet site", as well as via certain MShow mobile applications published by marrakech.show, referred to as the "MShow mobile apps".
The MShow platform is available to users worldwide.
1. KA-Solutions
The company KA-Solutions, 4 rue de la République, 69.001 Lyon, RCS Lyon : 903 096 279 000 18, (hereinafter referred to as "KA-Solutions") puts online and operates the MSHOW platform available worldwide in several languages.
The MSHOW platform is an intermediation platform on which are offered online attractions, guided tours and tourist activities operated by a large number of local activity organizers, leisure parks, museums, leisure or cultural activity providers, escorts and guides, cruises throughout the world. Our main activity is to disseminate activities and promote them commercially. The descriptions, photos and contents of all the activities presented on our platform come solely from the respective activity organizers under their own responsibility.
2. General Sales Conditions - Scope of application
These MSHOW General Terms and Conditions apply to all visitors and users of the MSHOW platform and to all content offered. The use of the MSHOW platform automatically induces the respect and acceptance of the present MSHOW GCS.
The use of the MSHOW platform is intended solely for personal use, and the distribution or resale of services broadcast on the platform is strictly prohibited.
3. Intermediation - Definition
Numerous activities can be consulted and made available in real time on the MSHOW platform. For all orders, the contract for the service is only concluded directly with the organizer of the activity.
The role of our platform is solely that of a commercial agency. The MSHOW platform is commissioned and mandated by the activity organizers to conclude orders directly and to ensure collection.
On-site responsibility for the smooth running of the activities ordered is the sole and entire responsibility of the local organizers.
Our customer service team is available to provide information on services and/or confirm availability by e-mail or chat at the times specified on the contact page of our websites.
If customer service is unavailable, every effort will be made to respond as quickly as possible.
For certain services, additional documents may be requested at the time of order or after payment, such as proof of identity, passport, proof of purchase, proof of payment or other documents.
An order may be suspended, cancelled or temporarily blocked in the event of any suspicion of fraud, breach of these MSHOW T&Cs or violation of legal or regulatory obligations.
Orders already paid for will be honored or reimbursed if the service provider is unable to provide the service ordered.
4. Creating a customer account
Access to the MSHOW platform does not require registration.
The registration of a customer account will be proposed in order to benefit from promotions, discounts, loyalty points or to receive information corresponding to purchases already made by the Internet user.
Access to customer accounts will be protected by a loggin/password and an e-mail address control procedure.
KA-Solutions may unilaterally terminate a customer account at any time with one week's notice.
However, the termination will only take effect once the service contracts already entered into have been concluded.
5. Customer service
KA-Solutions's customer service department can be contacted by e-mail and chat for any questions relating to a current order, inquiries about a service to be ordered or any other question relating to the use of the MSHOW platform.
In the event of a dispute over the price of an order that has already been paid for and not yet fulfilled, and in particular over the price charged by the same service provider for the same service, a complaint must be sent by e-mail to the customer service department.
Every effort will then be made either to reimburse the difference that has been overcharged, or to justify the difference in price. In all cases, the customer will receive a reply as soon as possible.
6. Payment of orders via the MSHOW platform
Unless otherwise agreed, the booking price for services must be paid immediately online using a valid credit card at the time of booking.
Payment by credit card constitutes express acceptance of the order and the invoiced price.
The services ordered will not be reserved, in the event of opposition to payment, by the credit card.
The customer acknowledges that the provision of credit card details constitutes authorisation of payment to our company for the full amount of the order.
If the following message appears: "reserve now, pay later". This operation can only be carried out with a credit card that is valid at least until the date of the selected activity. To confirm this booking, a 0 EUR debit will be made to validate the credit card and its validity date.
72 hours before the start of the activity, the total price of the reservation will be debited from the credit card.
If the final debit of the transaction fails 72 hours in advance, the service will be automatically cancelled and an e-mail will be sent to the customer inviting him/her to make a new reservation.
As KA-Solutions operates on behalf of the organizer of the activity, we always remain the sole interlocutor in the context of a service contract and its payment. To request a refund of the booking price outside the cancellation conditions defined on the MSHOW platform, a written request must be sent to customer service, stating the exact reasons for the refund request and any supporting documents. A reply will be sent as soon as possible.
For any exceptional refund request, the agreement of the activity organizer may be required.
On-line payment of the order implies express agreement to the use of payment information and, more specifically, the credit card information used to collect payment for the service.
7. Modifications/changes and cancellations - Refunds
It is possible to cancel a reservation of services in accordance with the cancellation conditions set out in the activity's GTC, in the description of the activity on the MSHOW platform or on the confirmation form issued at the time of payment of the order and sent by e-mail with the confirmation.
All requests for modifications and/or cancellations, unless otherwise specified, must be made as soon as possible via the MSHOW platform, or by contacting customer service directly by e-mail or chat.
To enable service providers to manage their schedules as effectively as possible, all requests for changes or cancellations must be made as soon as possible.
If the modification or cancellation deadlines respect the rules displayed on the MSHOW platform, a confirmation of cancellation or modification will be sent by e-mail. This e-mail must be kept for any subsequent discussion.
Refunds will then be made by direct credit to the credit card used for payment.
It is important at this stage to keep a valid e-mail address and to inform customer service of any change of e-mail address.
It is also very important to ensure that a valid telephone number is associated with your order and/or your customer account, so that we can inform you directly in the event of any last-minute changes to the service.
Any change to the service (times, availability, duration etc....) will be communicated to the customer by e-mail.
Unless different cancellation conditions are indicated in the activity description on the MSHOW platform, in the activity organizer's GTC or on the activity confirmation form, the following cancellation conditions apply:
For cancellations made more than 24 hours before the start of the activity: full refund of the reservation price.
For cancellations within 24 hours of the start of the activity or in the event of no-shows: no refund.
8. User comments on the MSHOW platform
All users of the MSHOW platform have the option of leaving a comment or an evaluation, which can then be consulted by all users logging on to the MSHOW platform.
It is also possible to post photos taken by the user during the event. However, the user must ensure, under his/her sole responsibility, that he/she does not violate any image rights (in particular by posting photos showing other participants in the event), or intellectual property rights when disseminating his/her personal content.
The MSHOW platform's moderation department will check all the content of texts posted by Internet users and will automatically delete, without any possible discussion, any content violating legal provisions, morality and/or the rights of third parties. It is also strictly forbidden to upload and/or make available to the public user content of a violent, pornographic, discriminatory, offensive/insulting, racist, defamatory or other illegal nature.
9. Privacy policy - Protection of personal data
Our privacy and data protection policies are clearly indicated on the corresponding tab on all our websites linked to the MSH0W platform.
10. Conclusion of a contract with the activity organizer
By purchasing an activity on the MSHOW platform, the Internet user enters into a contract directly with the activity organizer. When concluding the contract, KA-Solutions acts solely as a sales agent for the activity organizer.
By clicking on the "Pay now" button at the end of the order process, you are making a binding offer to conclude a service contract with the organizer of the activity ordered. Once payment has been confirmed, the customer receives an invoice and, on behalf of the activity organizer, automatic order confirmation.
The final invoice sent by e-mail contains the exact contact details of the organizer of the activity and, if applicable, the organizer's website address.
The Internet user should visit the organizer's website to consult its own GTC, which may contain important information such as further information on options or cancellation conditions. The activity organizer's T&Cs have no influence on our relationship or legal rights.
Any supplementary contract concluded between you and the activity organizer will be a contractual element independent of the relationship with the MSHOW platform.
11. Prices
The prices indicated on the MSHOW platform are inclusive of VAT (excluding any additional local taxes and charges).
12. Day D - Activity execution
The exact time and place of the meeting are indicated on the order confirmation received by e-mail with the invoice, or sent by e-mail to the customer no later than 24 hours in advance.
Travel insurance (cancellation and medical cover) is the responsibility of the customer.
The supplier will provide all compulsory insurance specific to his activity.
The activity organizers are independent contracting parties and are not representatives or employees of KA-Solutions. We accept no liability for acts/actions, errors, omissions, commitments, warranties, breaches, negligence or misconduct of activity organizers or for personal injury or property damage or other claims or expenses arising therefrom or in any way generated by a booking or activity.
13. Other rights of the activity organizer
The organizer of the activity may cancel the activity on the scheduled date without having to observe a cancellation deadline if weather conditions, administrative measures, strikes or other external circumstances which cannot be foreseen or which can only be avoided by the deployment of disproportionate efforts by the organizer of the activity and which do not fall within his sphere of influence, in particular events of force majeure, make it impossible to carry out the activity or make it considerably more difficult or jeopardize it. In such cases, the booking fee paid for the cancelled activity will be refunded.
The organizer of the activity may decide to exclude a customer if the latter does not meet the conditions of participation required on the MSHOW platform, or if his or her participation constitutes an obvious risk to himself or herself or to others, or if he or she disrupts the execution of the activity in any way. In such cases, the reservation fee paid for the activity will not be refunded.
The organizer of the activity may make changes to the program at any time if this seems necessary due to last-minute circumstances. Program changes also include changes to the starting point and/or meeting place for the activity.
A change to the starting point and/or meeting place is possible up to 24 hours before the start of the booked activity, and will in all cases be notified by e-mail or posted on the MSHOW platform.
14. Applicable law
By express agreement between the parties, these General Terms and Conditions of Sale are governed by and subject to UAE law.
15. Disputes
In the event of a dispute concerning an order, the parties shall, in the first instance, give preference to an amicable agreement or to a mediation or conciliation procedure.
16. Right of withdrawal
If you are a consumer, i.e. a natural person acting for purposes which are outside his or her trade, business, craft or profession, and you reside within the European Economic Area, you have a right of withdrawal as detailed below. In certain cases, the law may provide for exceptions to the right of withdrawal.
Exceptions to the right of withdrawal
The right of withdrawal is not provided for by law in the case of distance contracts for the provision of leisure activities, if the contract provides for a specific date or period of performance. This includes time- or date-specific activities of various types available on our platform: 'excursions' (one or more days), 'entrance tickets', 'guided tours', 'water activities', 'adventures', 'other experiences' and 'packages'.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the last item.
To withdraw from the contract, you must inform KA-Solutions customer service using the contact details on the MSHOW platform's contact page of your decision to withdraw from the contract before the end of the withdrawal period by means of an unambiguous statement (by e-mail only).
In order for the withdrawal period to be respected, it is sufficient for you to send your notice of withdrawal before the 14-day withdrawal period has expired.
Validity and effective date of withdrawal
In the event of your withdrawal from this contract, we will reimburse all payments received as soon as possible and in any event no later than 14 days from the date on which we are informed of your decision to withdraw from this contract.
We will refund you using the same method of payment you used for the original transaction.
If you wish, you can use the model withdrawal form below to declare your withdrawal.
You can also declare your withdrawal quickly and efficiently via our platform by filling in our form on the contact page of the MSHOW platform.
When requesting a retraction, we advise you to indicate the reference number of your booking. This will make it easier for us to identify the contract to which your cancellation relates.
Model cancellation form
(Please complete and return this form by e-mail only if you wish to withdraw from the contract).
For the attention of KA-Solutions - Service consommateurs
- I/We(*) hereby notify you(*) of my/our(*) withdrawal from the contract for the sale of the goods(*)/provision of the services(*) below,
- Ordered on(*)/received on(*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only in the case of notification of this form on paper),
- Date
(*) Delete as appropriate.