AGREEMENT BETWEEN CUSTOMER AND VWAYAJ SERVICES AFRICA.
Welcome to the Vwayaj Services Africa website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel, related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", "Vwayaj Services Africa", "Vwayaj Services", "Vwayaj" and "VSA" refer to Vwayaj Services Africa, a Moroccan limited liability company. “VSA Partner” means any co-branded and/or linked website through which we provide links, content or service. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
VSA is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.
Arbitrations will be conducted by the Rabat International Mediation and Arbitration Centre (“CIMAR”) under its rules. Payment of all filing, administration and arbitrator fees will be governed by CIMAR's rules, except as provided in this section.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “VSA Legal: Arbitration Claim,” at 33 Avenue Moulay Youssef, Rabat Morocco 10000. If we request arbitration against you, we will give you notice at the email address or street address you have provided. An arbitration decision may be confirmed by any court with competent jurisdiction in Morocco.
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
If your booking or account shows signs of fraud, abuse or suspicious activity, VSA may cancel any travel or service reservations associated with your name, email address or account, and close any associated VSA accounts. If you have conducted any fraudulent activity, VSA reserves the right to take any necessary legal action and you may be liable for monetary losses to VSA, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact VSA Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
VSA may offer you the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include a fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
US Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
VSA is not liable for any costs incurred due to hotel relocation.
PREPAID HOTEL RESERVATIONS
You acknowledge that VSA pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that VSA provides you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by VSA and the facilitation fee retained by VSA for its services. You authorize VSA to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on VSA’s services. You agree that your credit card will be charged by VSA for the total reservation price. Upon submitting your reservation request you authorize VSA to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, VSA does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that VSA pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice VSA for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. VSA does not act as a co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by VSA to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by VSA for its services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
You may not book reservations for more than 6 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 6 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 7 or more rooms, you must contact VSA’s group travel specialists by phone at +212 (0)537 58 31 50 or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by VSA for your hotel booking.
PAY NOW OR PAY LATER DETAILS
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Online Now” option, VSA will charge the amount to your credit card in your local or preferred currency immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. VSA coupons may only be applied to "Pay Online Now" bookings.
BANK AND CREDIT CARD FEES
Your payment is processed in Morocco, when we process your payment. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.
VSA or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but VSA and/or our suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
The VSA rewards program (“Smart Traveler”) is offered to the Website’s customers at the sole discretion of VSA, and is open only to individuals who have reached the legal age of majority in their respective province/territory of residence, have a valid email address, and have enrolled in VSA Rewards. Please click here to see the Terms and Conditions of VSA Rewards.
PAY WITH POINTS
VSA allows points from selected loyalty programs (“Loyalty Points”) to be redeemed for certain travel-related goods and services on the Website. If you use or register to use any points on the Website these terms and conditions apply. To be eligible to use points on the Website, you must have a vwayaj.com account, you must have an eligible account with the provider of the Loyalty Points that is active and in good standing, and your purchase must exceed minimum transaction value for the use of your points (if any).
LINKING YOUR ACCOUNT: For Loyalty Points other than VSA Rewards (Your VSA Rewards account is automatically linked to your vwayaj.com account), your Points Program account (“Account”) will be linked to your vwayaj.com account during the registration process on the Website. VSA reserves the right, in its sole discretion, to deny registration, de-link your Account, or terminate your ability to use points on vwayaj.com for any reason. During and after registration, the Loyalty Points provider may provide VSA with information about your Account, including your points balance.
REDEEMING POINTS: There is no fee to redeem your points at vwayaj.com. Points may only be redeemed for eligible purchases of VSA travel-related goods and services that VSA will determine in its discretion. Your Loyalty Points provider will deduct from your Account balance the amount of points you elect to use toward your eligible purchase. You may not combine points from one Loyalty Points provider with any other loyalty points from another provider to complete a single transaction. However, if you do not have enough points to complete an eligible purchase, you may use an eligible credit card associated with your Account to complete the transaction. Eligible cards for such transactions may be limited to cards associated with the Loyalty Points used in the transaction. VSA may, in its discretion, allow you to combine points with eligible coupons.
ADDITIONAL TERMS: Purchases made with points are subject to the point to dollar conversion rate set by the Loyalty Points provider. The Loyalty Points provider has the right to change the point to dollar conversion rates at any time. Also, some Loyalty Points providers may set a minimum amount of points that may be redeemed in any transaction. Additional terms and conditions may apply and are available at the applicable Loyalty Points provider’s website.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. VSA has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, VSA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, VSA does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, VSA expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the VSA does not guarantee the accuracy of the ratings. VSA and its suppliers make no guarantees about the availability of specific products and services. VSA and its suppliers may make improvements and/or changes on the Website at any time.
VSA and its suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by VSA. All such information, software products, and services are provided “as is” without warranty of any kind. VSA and its suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from VSA and/or its suppliers are free of viruses or other harmful components. VSA and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of VSA. VSA is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. VSA has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall VSA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if VSA and/or its suppliers have been advised of the possibility of such damages.
If, despite the limitation above, VSA or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of VSA and/or its suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to VSA in connection with such transaction(s) on this Website, or (b) [One-Hundred U.S. Dollars US$100.00) or the equivalent in local currency.
You agree to defend and indemnify the VSA and/or its suppliers and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than VSA. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by VSA and/or our suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that VSA may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
From time to time we may offer customers incentives to leave hotel reviews (e.g., discount coupon/entry into prize draws etc.) As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.
VSA claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
VSA’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. VSA does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2020 Vwayaj Services Africa. All rights reserved. [Vwayaj Services Africa, Vwayaj, VSA, vwayaj.com, the VSA logo, are either registered trademarks or trademarks of Vwayaj Services Africa in Morocco and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. VSA is not responsible for content on websites operated by parties other than VSA.
If you are aware of an infringement of our brand, please let us know by emailing us at firstname.lastname@example.org . We only address messages concerning brand infringement at this email address.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, VSA has adopted a policy of terminating, in appropriate circumstances and at VSA's sole discretion, subscribers or account holders who are deemed to be repeat infringers. VSA may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
You may send us your notice by email to email@example.com : Attn: IP/Trademark Legal Department or by using the contact information below.
For any additional questions regarding the DMCA process for VSA, please contact us at firstname.lastname@example.org
One or more patents owned by VSA may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
You agree that no joint venture, partnership, or employment relationship exists between you and VSA as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and VSA with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, email our Customer Support Center email@example.com. Or, you can write to us at:
Last Revised on 31st of March, 2021