Terms of Service

Last Updated: Friday, February 21, 2025

Welcome to Agafay Desert (also referred to as Agafay Desert Morocco, ADM, “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website www.agafay-desert.com (“Website”), as well as any related services, bookings, or products provided through our Website (collectively, the “Services”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, you should not use our Website or Services.

1. Eligibility

1.1 Age Requirement
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use our Services. By using our Website or Services, you represent and warrant that you meet this requirement.

1.2 Compliance with Laws
You agree to use the Website in compliance with all applicable local, state, national, and international laws and regulations.

2. Bookings and Reservations

2.1 Booking Process
When you book a tour, accommodation, or any other service through our Website, you will be asked to provide personal information and payment details. You agree that all information you provide is accurate, complete, and up to date.

2.2 Payment
All payments must be made in accordance with the payment terms presented during the booking process. We reserve the right to cancel any booking if payment is not received in full or déposit or if fraudulent activity is suspected.

2.3 Cancellation and Refunds
Cancellation and refund policies may vary depending on the specific tour, accommodation, or service booked. Please refer to the individual product or booking policy for details. If you have questions regarding refunds or cancellations, please contact us at:

Phone: +212 7 08 21 20 10
Email: contact@agafay-desert.com

3. User Conduct

You agree not to use the Website or Services to:

Violate any local, state, national, or international law or regulation.
Infringe or violate the rights of any third party, including intellectual property, privacy, or contractual rights.
Post or transmit any content that is unlawful, defamatory, obscene, pornographic, hateful, threatening, or harassing.
Engage in any fraudulent or deceptive practices.
Introduce any viruses, malware, or other harmful code.
Collect or store personal information of other users without their consent.

4. Intellectual Property

4.1 Ownership
All content, trademarks, service marks, trade names, logos, and intellectual property associated with our Website and Services are the property of Agafay Desert or our licensors. You may not use such materials without our prior written consent.

4.2 License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial use in accordance with these Terms.

5. Disclaimers

5.1 No Warranty
To the maximum extent permitted by law, the Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. We do not guarantee that the Website or Services will be uninterrupted, error-free, or secure.

5.2 Third-Party Content
The Website may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such external resources, or the content, products, or services available from those resources.

6. Limitation of Liability

To the fullest extent permitted by law, Agafay Desert, its owners, officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, loss of data, or loss of goodwill) arising out of or in connection with your access to or use of the Website or Services. In no event shall our aggregate liability for all claims relating to the Services exceed the total amount paid by you to us for the specific booking or service in question.

7. Indemnification

You agree to defend, indemnify, and hold harmless Agafay Desert (Agafay Desert Morocco, ADM) and its affiliates, agents, licensors, and service providers from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys’ fees) arising out of or in connection with:

Your use of and access to the Website or Services.
Your violation of any provision of these Terms.
Your violation of any third-party right, including intellectual property or privacy rights.

8. Modifications and Termination

8.1 Modifications to Services
We reserve the right to modify or discontinue, temporarily or permanently, any aspect of our Services, with or without notice to you.

8.2 Termination
We may terminate or suspend your access to the Website or Services immediately, without prior notice or liability, if you breach these Terms or for any other reason, at our sole discretion.

9. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Agafay Desert operates, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be resolved exclusively in the competent courts of that jurisdiction, unless otherwise required by applicable law.

10. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. Your continued use of our Website or Services after any changes become effective constitutes your acceptance of the revised Terms.