Terms of Service

This Agreement sets out the terms and conditions between Holidays Points and users who use our services to purchase tours and travel services (“You”) from individuals who provide tours and travel-related services ( “Tourist guides, rentals, and activities”). This agreement explains how you purchase tours and travel services and specifically limits Holidays Points’ liability.

You must read this agreement before using the site and booking a tour, activity or any rental. Use of the site constitutes agreement to all of the terms and conditions of this agreement and you warrant that you understand, accept, and agree to all of the terms and conditions contained herein.

Information collected by Holidays Points
Holidays Points collects two types of information about you: personal information (such as name and email address) and aggregate information (such as information about the number of users visiting our site).

1. General

Holidays Points connects you with tour guides who are looking to provide tours, activities, or rentals. We do this through our website, HolidaysPoints.com (“Site”), which is a communications and payment processing system that connects you and the services providers.

You understand that the tour and activity guides and rental owners presented on the site are independent contractors and that they are not employees or agents of Holidays Points. You expressly understand and agree that Holidays Points does not control the quality, timing, legality or any other aspect whatsoever of the services actually provided by the tour /activity guides and rental owners, nor the integrity, liability or any of the actions whatsoever.

Holidays Points does its best to monitor the contractor’s profiles (tour guides, activity organizers, and rental owners), service offerings, actions, and reviews, and suspend the privileges of any tour guide who does not abide by Holidays Points policies. By using this site, you agree to immediately report to Holidays Points any suspected irregularity of any tour guide.

2. Transactions

You can request the services of a tourist guide, activity organizer, or rentals using the site. After accepting your service request and your payment has been processed, there is a binding contract between you and the service provider. Once you have purchased a tour or travel service, if there are any service-related issues that cannot be resolved directly with the service provider, you should contact Holidays Points and we will attempt to resolve the issue.

Holidays Points is the official merchant and uses a third-party service to process your credit card information for all transactions made through Holidays Points. We do not store your credit card information on Holidays Points web servers or in paper files. You hereby agree to hold Holidays Points harmless for any damages that may result if personal information about you is disclosed by third parties. For more information regarding this service, please contact Holidays Points’ credit card processing company, PayPal.com.

3. Refunds

Any cancellation on your part must be made by phone or e-mail and acknowledged by ToursByLocals. The date the cancellation request is received by ToursByLocals will determine the refund due as follows:

Cancellation 60 days or more prior to departure: Amount paid minus initial charges. These upfront charges are disclosed to you when you use the site to complete the transaction and may represent the personal expenses of the tour guide or other service provider for tickets, transportation deposits, hotel booking, and other incidental expenses.

Cancellation 59 to 31 days before departure: deposit paid or 80% of the trip price if paid in full.

Cancellation less than 30 days before departure: no refund

You are strongly encouraged to take out cancellation insurance. In some circumstances, this will cover the cancellation costs.

In some cases, the guide may cancel a tour due to weather conditions or other circumstances. In the event that the guide cancels the tour or does not deliver it as promised, you can choose between rescheduling the tour/activity OR a full refund of all monies paid or credit for an alternative tour/activity. If you choose to accept a credit, the difference in the cost of the alternative tour/activity will be refunded by Holidays Points or paid by You, as applicable.

Holidays Points is not responsible for any incidental expenses that you may have incurred based on the visit or travel services booked on the site, including, without limitation, expenses resulting from the purchase of visas, vaccinations, non-refundable thefts or any loss of use.

4. ACCEPTANCE OF RISKS AND DISCLAIMER OF LIABILITY

You acknowledge that all travel involves an element of risk and that certain visits offered on the Site may be of an adventurous nature and may involve a significant personal risk. You hereby assume all these risks and You, your estate, your family, your heirs and assigns hereby release Holidays Points and the tourist guide/activity from all claims and causes of action of any nature whatsoever resulting from injury, death or other damages, both pecuniary and non-pecuniary, which may arise as a result of your participation in the tours/activities offered on the site or as a result of the negligence of any party, including the tour guide or any employee, officer, agent, under -treator or agent of Holidays Points, whether such negligence is passive or active.

Before the tour or any other activity starts, the guide may ask you to sign a liability waiver, and you can view a copy of the liability waiver by accessing the following link:

http://www.holidayspoints.com/LiabilityRelease

If the signature of the disclaimer is required is revealed when using the site to book the tour.

You are strongly encouraged to purchase appropriate medical insurance before booking a tour.

We urge you to exercise caution if purchasing any products during your visit. Neither Holidays Points nor the tour guide makes any claims regarding the quality, source, or any other provenance of any merchandise that may be available for purchase.

5. Prohibited use

The site cannot be used to recruit, solicit or contact tour guides for a job or contract for a company not affiliated with Holidays Points, unless you first obtain the express written permission of Holidays Points.

6. Information provided by you

You are responsible for providing accurate, timely, and complete information in connection with your registration and use of the site. Holidays Points is not responsible for complaints relating to inaccurate, untimely or incomplete information that you have provided to us.

Holidays Points will only use your information in accordance with our privacy policy. Holidays Points will use its best efforts to ensure the confidentiality of all other personal information, but we expressly disclaim all liability for any damages that may result if the information is disclosed to third parties. You hereby agree to hold Holidays Points harmless for any damage that may result.

Holidays Points uses a third party service to process your credit card information, so we do not have access to your credit card information.

7. Modification of the terms of this agreement

Holidays Points reserves the right to make changes to this agreement from time to time. Holidays Points will notify you of any substantial and/or material changes to this Agreement or any policy posted on the Site by posting such changes on the Site.

8. Duration of the agreement

This agreement will be effective immediately after your use of the site and will remain in effect unless terminated by either party as indicated here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which will be effective upon delivery of such notice to the other party. In addition, Holidays Points may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policies of Holidays Points as posted on the Site from time to time. In the event of termination or expiration, the following sections will survive: Section 1 (General); Section 4 (Acceptance of risks and exemption from liability); Section 6 (Information Provided By You); Section 8 (Duration of the agreement); Section 8 (Intellectual property rights); Section 9 (Notice of Trademark Rights); Section 11 (Exclusion of guarantees); Section 12 (Limitation of Liability); Section 14 (Legal complaints); and Section 15 (Miscellaneous provisions).

If you violate the terms of this agreement, Holidays Points reserves the right, without prejudice to any other right or remedy available to Holidays Points, to immediately terminate your use of this site in its sole discretion.

9. Intellectual property rights

All text, graphics, editorial content, data, formatting, graphics, designs, HTML, photographs, music, sounds, images, software, any videos, designs, fonts and other content (collectively “proprietary material”) that you see or read on the Site is the property of Holidays Points, or is used with permission of the owner. This exclusive material is protected in all its forms, supports and technologies. You may not copy, download, redesign, reconfigure or retransmit anything from the site without the prior written permission of Holidays Points.

10. Trademark rights notice

The Holidays Points service marks and trademarks and the Holidays Points logo are service marks owned by Holidays Points. All other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these brands, logos or trade names without the prior written permission of Holidays Points or the owner concerned.

11. Confidentiality

Holidays Points is committed to ensuring the confidentiality of the information you provide to us. Our privacy statement can be found on the Holidays Points website.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. HOLIDAYS POINTS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE

13. Limitation of Liability

Under no circumstances will Holidays Points be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Holidays Points arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to Holidays Points under this Agreement.

14. Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

15. Legal Claims

For all disputes between Holidays Points and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and Holidays Points, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of Morocco, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Morocco, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of Morocco within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

16. Miscellaneous Provisions

Failure by Holidays Points to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Morocco.

These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and Holidays Points with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Holidays Points, its successors and assigns.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.