GENERAL TERMS AND CONDITIONS

“ImiBay surfhouse - imesouane” – Imi Bay
When used in these Terms and Conditions, the following names and terms have the below definitions:

Company
“ImiBay surfhouse - imesouane” – Imi Bay

Customer/ Guest / Client / Participant
Please read these Terms and Conditions carefully as they apply to any and all commercial relationships between the company IMIBAY and the customer (you).
Terms and Conditions must be agreed upon and respected to allow the relationship between the two parties to run in a cooperative manner
Please familiarise yourself with the following Terms and Conditions, as you are agreeing to these bilateral rights and obligations when you reserve and/or book your stay
with us.

1. CLOSING CONTRACTS AND MAKING BOOKINGS

Closing Contracts
All reservation requests must be made in written form and via email. This enables us to track and examine the booking process in case a misunderstanding or miscommunication arises. Once the booking confirmation from IMIBAY is received by the customer, the contract between IMIBAY and said customer becomes in effect. These general Terms and Conditions of IMIBAY are implicitly accepted from when the customer sends the booking request. As soon as payment is received the booking becomes concrete. If the customer fails to make the required payment in the allotted timeframe, the booking is simply cancelled.

Making Bookings
- Bookings are subject to availability.
- Unpaid reservations or those with unconfirmed or un-answered emails responding to inquiries or requests will be cancelled after 3 days. This provides the company with the time and opportunity to book the room with another customer.
- Bookings, reservations and requests are all subject to prices and conditions at the time of booking, as can be seen on IMIBAY website (www.imi-bay.com).
- All optional details and extras requested by the guest regarding services, such as single vs. double room, surfing lessons, surfboard rental, etc., must be explicitly specified at the time of booking and are considered binding.
- All customers must be at least 18 years old to make a booking unless they have the expressed written consent of their parents. Teenagers may stay at IMIBAY surfhouse if we receive their parents’ consent in writing.
- Statement of health and physical fitness: By booking, clients confirm they are physically fit and without injuries or physical conditions that may affect or be affected by surfing and activities relating to surfing. Requirements include a good level of physical fitness and competent swimming skills. If there is any doubt, potential customers should consult a doctor at their own expense.
- Animals: We love animals but for cleanliness, please pets aren't allowed in the hotel.

2. INSURANCE AND TRAVEL DOCUMENTS

Insurance
We at IMIBAY recommend that all customers purchase travel cancellation insurance.
Furthermore, we recommend that all customers purchase travel medical insurance that covers transportation back to the patient’s point of embarkation as well as on-site hospitalisation and treatment. These options are the full responsibility of the customer and it is important to note that some insurance companies or individual plans may not cover accidents that occur while surfing or practicing other sports.

Travel documents
All required travel documents — including visas and a valid passport — are the sole responsibilities of guests.

3. PAYMENT CONDITIONS

General
The booking is firmly confirmed after receiving the payment of a 30% deposit or full amount of the reservation.
- In the instance of delays in payment, IMIBAY has the full right to cancel the booking. In cases of cancelled bookings, IMIBAY will inform the customer via email.
- Invoices for guests staying at “IMIBAY Surfhouse” for products bought and/or consumed at “ IMIBAY Surfhouse” (surf rental and surf-coaching, broken surf equipment, yoga, restaurant, etc.) and/or additional services (laundry service, excursions, etc.) shall be paid weekly at reception prior to check-out, in cash in local currency (MAD). IMIBAY will use a tentative currency conversion if paid in EUR. Credit cards are also accepted.
- On-site invoices for customers not staying at “ IMIBAY Surfhouse ” for services such as surf lessons, yoga, restaurant etc., must be paid immediately and in full at the reception desk at “ IMIBAY Surfhouse ”, in local currency (MAD) and in cash. IMIBAY will use a tentative currency conversion if paid in EUR. Credit cards are also accepted for on-site payments for these services.

4. CANCELLATIONS AND REBOOKINGS

Cancellations and rebookings made by the customer
All requests for cancellations or rebookings request must be submitted via email. The cancellation period is defined by the receipt of the cancellation. In cases of cancellation, the below fees may apply, depending on the cancellation date.
- More than 60 days in advance: Free.
- 45 to 60 days in advance: 10% of full amount of the reservation.
- 30 to 45 days in advance: 30% of full amount of the reservation.
- Less than 30 days in advance: 100% of full amount of the reservation.
If a guest does not cancel and does not show up, he/she will receive no refund.

All reebookings are subject to availability.

Cancellation by IMIBAY
IMIBAY reserves the right to opt out of a contract under the following extraordinary circumstances: In the case that certain conditions prevent the booked service and/or arrangement from being carried out or in cases of unacceptable danger, IMIBAY reserves the right to cancel the contract with immediate effect. Any payments that have been made by the customer are to be refunded. IMIBAY will not refund any additional expenses incurred above and beyond the original invoiced amount.

5. PRICES AND SERVICES

All prices and services are subject to change, though whatever prices and services stated on the invoice and the booking confirmation connected to that invoice will be provided to the customer. Any additional agreements are to be confirmed in writing by IMIBAY. IMIBAY reserves the right to change prices without prior notice in the event of changing conditions (currency fluctuations, new government-mandated price regulations, altered or new fees from third party providers, etc.).
IMIBAY also reserves the right to change services or offer, whether general or individually agreed upon, in extraordinary cases (e.g., force majeure, governmental regulations, delays of third parties, weather and oceanic conditions). Customers will be informed as soon as possible of any changes to any essential paragraph in their contract.

6. DISCLAIMER

General
Participation in and at any services, arrangements and activities under the auspices of IMIBAY is entirely at the customer’s own risk. Customers release, waive and hold the company, its offices, agents and/or employees unaccountable from all claims, losses, damages, commitments, expenses (including legal costs) during or in conjunction with their participation in activities conducted and organized by IMIBAY, arising from, but are not limited to, any injury, accident, illness, death, material damage or personal damage to the customer or to others.
The customer indemnifies IMIBAY, its officers, agents and/or its employees against all claims, losses, damages or expenses that any one or more of his/her executors, administrators, heirs, next of kin, successors or assignees may have in conjunction with his/her participation in activities conducted and organized by IMIBAY, and against any costs including, legal fees, that may incur as a result of any such claims, losses damages or expenses, whether valid or not.
IMIBAY cannot be held responsible for any disturbances or injuries (noise, bites, stings, rash, allergies, etc.) caused by animals. We have no control or influence over the natural world, neighbours, etc.
The responsibility to inform IMIBAY of any chronic diseases, illnesses or special needs lies solely with the customer. Such information must be provided prior to the customer’s departure in order to insure proper preparation in terms of accommodation and surfing-related activities. The customer fully accepts the risk of any such complications and will not hold IMIBAY liable for any health issues that may result from his/her chronic condition including omitting to inform us of its existence. Nor is IMIBAY responsible for any accidents or injuries that may result from the customer’s physical activities, such as surfing, cycling, driving, walking, etc.
Though IMIBAY can arrange the rental of cars for customers, please bear in mind that we are not the company that actually rents these vehicles. We cannot, therefore, be held responsible for any accident or injury resulting from the state, quality or operability of any such vehicle.
Any feature included in a package booked with or by IMIBAY can only be availed of by the package holder. Any item or feature of a package, whether utilized or not, is strictly non-refundable.
Customers are responsible for any damage inflicted on equipment belonging to IMIBAY, such as bedding, furniture, etc. Please note that coloured sun cream or temporary tattoos can stain bedding and towels, making them impossible to properly clean.
IMIBAY is not responsible for any loss of property or theft on our property. Please store your valuables in the built in safety box located in your accommodation.

Surfing
IMIBAY follows strict standards of safety. Employees regularly attend safety, first aid and surf life saving courses according to European Standards. That said, IMIBAY is not liable for any accidents or injuries that occurring during surfing and surfing-related activities. However, in the event of injury, customers are responsible for their own medical costs. Please refer to your medical travel insurance in order to familiarise yourself with any health-related issue that may arise on your trip.
If a customer has not booked a surf package, but still wishes to participate in surfing lessons, they can upgrade their package or buy separate surf sessions.
If the customer is not ready to leave for a surf spot at the scheduled departure time, the group may leave without him or her. In these cases the session will not be refunded. Please be ready on time for departure!
The duration of a surfing session is 2 hours max in the water. Surf packages, lessons and sessions may not be postponed, nor are they transferable to another person. IMIBAY offers no refunds for unused features specified in our packages. All activities are planned in advance and cannot be disrupted.
Any damage to rented equipment (surfboards, etc.) or loss of property for IMIBAY is the responsibility of the customer when such property is in the use of the customer.
IMIBAY is not responsible for poor surfing conditions. However, IMIBAY will make every endeavour to make sure that surf lesson will take place at the proper spot at the proper time. Nevertheless, there may be days where poor weather, dangerous conditions or low-quality waves make it difficult or impossible to surf. Unfortunately, we can neither control nor predict these factors.
IMIBAY takes no responsibility for services that are provided by third parties. These include public or private transportation, public utilities, etc.

7. EXCLUSION OF PARTICIPATION

Participants must implicitly follow IMIBAY’s staff instructions. If a customer fails to disclose physical and/or other health issues, disabilities or other factors that may make him or her unfit for surf-related activity, acts irresponsibly and/or causes disturbances that result in endangerment of the provision of service and/or the health or the image of other participants or the company, its reputation and its employees, that customer — after being warned by IMIBAY’s staff — can be excluded from the participation in any or all activities run by IMIBAY. In such cases, IMIBAY may terminate the contract without any further notice, with no refunds made. Any costs incurred by the actions of the customer are to be paid by the customer.

8. RISKS

Surfing holidays, like many adventure and sporting activities, especially water-based ones, include a certain degree of risk. Accidents can and do happen, which may result in being injured or even killed by dangers in the water (e.g. drowning, accidents with other surfers and/or their surfboards), underwater (e.g. reefs, currents, ocean floor) and/or by marine life (e.g. sharks, whales, weeverfish) and other risks which the guest may be exposed to during the program. Customer agrees that he/she has voluntarily read and understood this warning and accept these risks. That said, The customer accepts that IMIBAY is not liable for any ef these risks that occurring during surfing and surfing-related activities.
Before participating in surfing, individual potential customers must decide — with the help of a doctor if necessary — whether their current level of physical fitness and health is adequate to engage in such a strenuous physical activity. By entering into contract with IMIBAY, the customer consents cover all necessary (according to IMIBAY) costs for medical treatment in eventual cases of injury or illness due to accidents or chance and during a surfing lesson or surf guiding, or related activity associated with IMIBAY. The customer also agrees to indemnify IMIBAY in case such treatment is necessary.

9. DATA USAGE AND PROTECTION

In the course of our surfing and leisure activities we may film or photograph you for use on our website or in promotional videos, etc. As the customer, you therefore agree that you may be photographed and/or filmed during your stay/in the course of activities and in connection with IMIBAY. You also consent to IMIBAY use of such photographs or recordings for promotional and/or advertising purposes and without additional prior consent. The customer furthermore agrees to allow his or her personal data to be used by IMIBAY for the purposes of marketing and market research. IMIBAY offers the assurance that all personal data is to be treated with confidence and will not be willingly transferred to any third parties except with the purpose of fulfilling your booking(s) and providing relevant service. At any point, the customer may terminate this agreement via email. In such a case, your personal data, images and/or footage will not be used for any of the above reasons.

10. INEFFECTIVENESS OF INDIVIDUAL PROVISIONS

Ineffectiveness of individual provisions stipulated in the contract or of the general Terms and Conditions does not affect the validity of any remaining or additional provisions.

11. PLACE OF JURISDICTION AND APPLICABLE LAW

The place of jurisdiction and applicable law is the legal residence of the company, IMIBAY. Any legal claim against the IMIBAY shall be governed in all respects by and in accordance with the laws of Morocco.

Company:
IMIBAY sarl, 5 rue Dades, Agdal, Rabat