Agreement Terms and Conditions Safyrion and The Client
Date: April, 2025
1. Parties
1. Safyrion suited at Rue Sayda Residence Al Fajr N03 Tetouan Maroc, located Rue Sayda Residence Al Fajr N03 Tetouan, Maroc registered at the Chamber of Commerce under number with R.C:35549, established in Tétouan, user of these general terms and conditions and the client.
2. Further details of Safyrion:
Website: safyrion.com
Email: info@safyrion.com
3. The Client: the (potential) buyer of offered services from Safyrion, as an intermediate or as a service provider, or through the reservation platform of Sayrion.com or Osafyr.com.
4. The External Activity Provider: The External Activity Provider as a Partner of Safyrion. The External Activity Provider uses the service of Safyrion as an intermediate travel agency and for the administrative handling and payment for the activity provided by The External Activity Provider. The External Activity Provider has his or her own terms and conditions for offering activities.
2. Applicability
1. Safyrion declares these general terms and conditions to be applicable to every offer by Safyrion and, whether or not resulting therefrom, agreements entered into by the parties with each other. Insofar as their content has not been changed or no more specific conditions apply between the parties, these general terms and conditions shall also apply to future contractual relationships between the parties.
2. Deviations from these terms and conditions shall apply only insofar as they have been expressly agreed upon by the parties in writing.
3. General (purchase) conditions of The Client are expressly rejected.
4. Third parties engaged by Safyrion, such as The External Activity Provider in the performance of the agreement may also rely on these general terms and conditions.
3. Offer and agreement
1. Any offer, whether in the form of a quotation or otherwise, is entirely and unconditionally free of obligation and revocable, unless otherwise indicated in writing by Safyrion.
2. The prices stated on the website or in any other form of offer are in Euros, VAT is included, but exclusive of subject to levies, third-party service charges, surcharges and other factors.
3. All quotations by Safyrion of size, color and other display specifications of services to be provided are indications only. A deviation from these will not result in a breach of contract with Safyrion.
4. Obvious clerical errors and mistakes in the offer are not binding on Safyrion.
5. A legal relationship governed by these terms and conditions are established at the time The Client has created a booking and payment at Osafyr.com. Osafyr.com is used as the booking platform on the website of Safyrion.com. Osafyr.com has its own terms and conditions by the Dutch Law. These terms and conditions then apply, inter alia, to any agreement that The Client concludes directly and indirectly through the booking. Such further agreements are concluded when The Client starts the administrative handling and payment of the booking for the activity at Safyrion.com or both parties have signed a written offer, after Osafyr.com on behalf of Safyrion or Safyrion have confirmed a written acceptance or after Safyrion, or a third party on its behalf, has commenced performance.
6. Safyrion is expressly not a party to any agreement reached between The Client and The External Activity Provider. Disputes arising from such an agreement must be resolved by the parties themselves. Safyrion plays no role.
4. Payment Collection
Safyrion collects payments from Clients through the reservation platform Osafyr.com in the name and on behalf of Safyrion as or The External Activity Provider.
5. Changes
Safyrion may change the date, time, language, or number of persons for a Booking after a Client booked a Service. Such changes will be made at no charge to the Client or to Safyrion.
6. Activities offered by The External Activity Providers
1.The External Activity Provider has his or her own terms and conditions for offering activities. The Client is bound by the contract and terms and conditions of The External Activity Provider.
2. The External Activity Provider uses the services of Safyrion as an intermediary agent for collecting Clients through different marketing and communication media.
3. The External Activity Provider uses the services of Safyrion as an intermediary agent for collecting payment from The Clients through osafyr.com.
4. The Client purchases the activity directly from The External Activity Provider Whatsoever in this. Safyrion therefore does not guarantee the performance of any agreement with The External Activity Provider or its Third Party.
7. Cancellations; No Shows
1. There is a free cancelation until 24 hours before the activity. The Client will receive a voucher as refund. The voucher can be spent at Osafyr.com.
2. There is no refund if the client does not show at the activity.
8. Failure to Provide Services
1.If The External Activity Provide cancels a Booking or otherwise fails to provide Services to a Client as required by a Booking, Safyrion will give the client a voucher through Osafyr.com.
2. If Safyrion failed to provide an activity to a Client, the Client will get a voucher with the amount of the activity as refund.
9. Complains
1.Safyrion will handle and respond to requests or complaints from Clients regarding the booked activities.
2. If the complaint is about The External Activity Provider will notify the Client to contact The External Activity Provider. In the event The External Activity Provider fails to respond to a Clients within two weeks, The Client can contact Safyrion for advice.
10. The performance of the agreement by and obligations Safyrion
1. The Client shall give Safyrion the opportunity to perform the agreement. The Client undertakes to provide the necessary cooperation for the performance of the agreement by Safyrion.
2. Safyrion shall fulfill its performance as soon as possible. Deadlines towards Safyrion are not fatal, as a result of which The Client must always first give Safyrion notice of default, whereby a long and reasonable deadline must be set, before any remedy can be taken.
4. Safyrion reserves the right to change the layout of the website (including user options, etc.) at any time and at its own discretion without the client being entitled to compensation or restitution of (part of) the price.
5. Safyrion makes every effort to publish the website(s) or company accounts/profiles throughout the agreement. However, Safyrion does not guarantee uninterrupted, fault-free and/or error-free publication or accessibility of the website(s) at all times. Safyrion is entitled, without prior notice, to take the website(s) or company accounts/profiles (temporarily) out of use and/or to restrict their use if, in its reasonable judgment, this is necessary, for example in the context of necessary maintenance of the website or systems.
6. If, in Safyrion's judgement, the functioning of Safyrion's or third parties' computer systems or network is endangered and/or Safyrion's deliveries are hampered or prevented by, but not limited to, failures or breakdowns of the Internet, telecommunications infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, civil unrest, mobilization, war, traffic congestion, strikes, lockouts, operational failures, supply congestion, fire, flooding, import and export impediments, epidemics, pandemics, government measures, all obligations of Safyrion will be suspended and Safyrion will be entitled to take all measures it reasonably deems necessary to avert or prevent this danger/prevention, without the Client being entitled to any compensation. If performance due to force majeure is impossible for more than one month or there are other circumstances as a result of which it is disproportionately burdensome for Safyrion to fulfill its obligations, Safyrion is entitled to rescind the contract in whole or in part by giving notice to The Client and without judicial intervention, without there being any obligation to pay compensation in this case.
11. Registration form
1. Safyrion uses the registration form of Osafyr.com. Osafyr has it’s own terms and conditions about the Registration form and payment under Dutch Law.
2. The Client is obliged to check each booking made under the contract by Osafyr as soon as possible, but within 48 hours of delivery. If the performance does not comply with what was agreed, The Client must have notified Osafyr in writing by email within 72 hours of delivery.
3. The Client is responsible for the content of the registration form, the quotation or other communication and indemnifies Safyrion - in and out of court - against any claims made against it by third parties in this regard.
4. Some activities are not suited for people with a medical condition. Safyrion is not responsible for any damage if The Client purchases an activity not suitable for his or her medical condition. Checking if the activity is suitable is a responsibility of The Client.
12. Privacy and Intellectual Property
1. All intellectual property rights to the content of the website, such as designs, images, videos, texts, software, sound files, belong to Safyrion. Third parties may not commercially use or otherwise multiply these without the prior consent of the holder of such intellectual property.
2. The Client is not permitted to deploy software to collect and process data from Safyrion's website.
3. The Client is not allowed to send to The External Activity Provider unsolicited mail or emails, or other spam, make unsolicited phone calls or contact in any other way for the purpose of promoting or selling its own or third parties' products and/or services, with the exception, of course, of the business for which a request for quotation has been submitted.
4. The Client guarantees to use the website and all related products, services and documentation, in accordance with all applicable intellectual property and privacy protection laws and regulations.
5. All data may be used by Safyrion after anonymization for promotional, training and advisory or statistical purposes. All data will be kept anonymized and possibly used after deletion for any reason.
6. Safyrion gets the Client’s data from Osafyr.com for the online reservation.
7. Safyrion get the Client’s data from e-mail, telephone, whatsapp of social media direct messaging and uses the data only for the purpose of Safyrion’s services.
13. Liability
1. The Client itself bears the risk of correct and timely delivery of the registration, quotation or other communication, regardless of how The Client delivers it.
2. Safyrion is in no way liable for any damages resulting from the (temporary) unavailability of the registration form, offer or other communication.
3. In the event of any shortcomings in the performance of the agreement on its part, Osafyr will only be obliged to adjust other communication, extend the publication or credit the costs, without the Client being able to assert any right to any (compensation) whatsoever in addition.
4. Should Safyrion be liable to The Client, this liability will be limited to the amount paid out under the professional/company liability insurance or other liability insurance taken out by Safyrion, but at most (in the event that there is no insurance to which a claim can be made), to the amount of the invoice amount to be increased by 15%.
5. Safyrion's liability, except in cases of intent or deliberate recklessness, does not extend to consequential damage, indirect damage, immaterial damage, damage caused by delay, property damage, reduced goodwill, lost sales and/or profit, etc.
6. Safyrion is not responsible for any statements, actions or performance of The Client, whether through its website or otherwise. Safyrion is, unless expressly stated otherwise, not a party to the agreement concluded by The Client with and The Activity Provider. All claims and other disputes are to be resolved between them. The content of an agreement between The Client and a third party, such as The Activity Provider, may contain different and/or additional terms, than as initially displayed by Safyrion. The actual terms should therefore be negotiated and agreed by the parties independently. Texts provided viaSafyrion from third parties, such as The Activity Provider, therefore do not constitute an irrevocable legal offer/acceptance.
7. The Client should pay all costs of damage in case of deliberate recklessness to Safyrion.
14. (Interim) Termination of the agreement
1. Safyrion is entitled to terminate the agreement with The Client with immediate effect for the future by written notice without (further) prior notice of default and without any right to compensation if:
(a) The Client is granted suspension of payment (provisional or otherwise) or The Client is declared bankrupt, The Client submits a request for application of a debt rescheduling scheme or The Client is placed under guardianship or administration;
b) The Client ceases or otherwise liquidates all or part of its business operations and/or substantially modifies or transfers its business activities to a third party without Safyrion's prior written consent;
c) At any time it appears that The Client has provided incorrect information or has misled Safyrion in any other way, such as, for example, with respect to the identity and personal characteristics of The Client;
d) The Client violates these or other applicable terms and conditions;
e) If Safyrion doubts the integrity or reliability of The Client, e.g. in complying with ethical codes in the relevant industry or the quality of business operations. The latter will occur in any case if Safyrion receives a complaint about The Client from The Activity Provider.
f) If the Client behaves aggressively and scares the direct environment.
g) If the Client has causes damage.
2. In the event of termination of the agreement, all payments owed by The Client to Safyrion shall be immediately due and payable in full. There will be no refund of any balances.
3. An agreement is terminable by both parties, after a term of one (1) year, with a notice period of one (1) month. In the event of termination by The Client, Safyrion is not obliged to refund any amounts already paid. After cancellation, The Client is no longer entitled to complain.
4. Upon cancellation of the contract by The Client or by Safyrion, The Client will receive a voucher that can be redeemed on Osafyr's website at Osafyr.com.
15. Forum, choice of law and transfer of rights
1. Safyrion is authorized to transfer its rights and obligations under this agreement to a third party. The Client is authorized to transfer its rights and obligations to a third party only with the written consent of Osafyr.
2. This - and any other - agreement(s) concluded between the parties is exclusively governed by Moroccan law. Should an obligation arise between the parties in the future, other than as a result of an agreement, that obligation shall also be governed by Moroccan law.
3. In the event that a dispute arises between the parties as a result of the agreement, the exclusively absolute competent court is the court in the district in which the municipality in which Safyrion’ s head office is located is subject. In the event that a dispute arises between the parties regarding non-contractual obligations, the court of exclusive absolute jurisdiction is also the court in the district in which the municipality in which Safyrion' s head office is located is subject.
©These general terms and conditions have been prepared by Safyrion and Osafyr.com