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Terms and Conditions

April 23, 2015 by admin

Terms & Conditions for Guests

YourStay — by MartilRealEstate Effective Date: April 1, 2026 | Version 1.0 | Governed by Moroccan Law


Important Notice

These Terms & Conditions apply exclusively to Guests — individuals who book short-term accommodation through the YourStay platform. Properties listed on YourStay are managed directly by MartilRealEstate under separate agreements with property owners. By completing a booking, you enter into a legally binding agreement with MartilRealEstate, operating under the YourStay brand.


1. Introduction

YourStay is a short-term rental service operated by MartilRealEstate, a company registered in Morocco. We offer Guests access to a curated selection of furnished apartments and properties available for short-term stays.

Unlike self-service platforms, YourStay operates on a managed model: all properties are onboarded by MartilRealEstate through direct contractual arrangements with property owners. As a Guest, your agreement is solely with MartilRealEstate — not with individual property owners.

These Terms are drafted in accordance with applicable Moroccan legislation, including the Code des Obligations et Contrats (D.O.C.), Loi n° 31-08 on consumer protection, Loi n° 09-08 on personal data protection, and Loi n° 61-00 regulating tourism accommodation in Morocco.


2. Definitions

The following terms carry specific meanings throughout this document:

  • “YourStay” / “we” / “us” refers to the YourStay service, a brand of MartilRealEstate.
  • “MartilRealEstate” refers to the Moroccan company that owns and operates the YourStay brand and manages all listed properties.
  • “Guest” / “you” refers to any individual who accesses the Platform and makes or attempts to make a booking.
  • “Platform” refers to the YourStay website, mobile application, and any related digital interface through which bookings can be made.
  • “Property” refers to any apartment, studio, villa, or other accommodation unit listed on the Platform and managed by MartilRealEstate.
  • “Booking” refers to a confirmed reservation of a Property for a specified period at an agreed price, as evidenced by a Booking Confirmation.
  • “Booking Confirmation” refers to the written communication issued by YourStay confirming the details of an accepted Booking.
  • “Stay” refers to the period during which a Guest occupies the Property pursuant to a confirmed Booking.
  • “Service Fee” refers to any fee charged by YourStay to the Guest in connection with a Booking.

3. Acceptance of Terms

By accessing the YourStay Platform or completing a Booking, you confirm that you:

  • Are at least 18 years of age and legally capable of entering into binding contracts under Moroccan law (D.O.C. Art. 3).
  • Have read, understood, and agree to be bound by these Terms in their entirety.
  • Agree to use the Platform and Properties solely for lawful purposes and in good faith (D.O.C. Art. 231).
  • Acknowledge that these Terms may be updated and that continued use of the Platform after any update constitutes acceptance of the revised Terms.

If you do not agree to these Terms, you must not proceed with any Booking. In compliance with Loi 31-08, these Terms are provided in a clear and accessible manner before any commitment is made.


4. Booking Process

All Bookings made through YourStay follow the steps below:

  • Selection: The Guest selects a Property, chooses the desired dates, and reviews the total price including all applicable fees before proceeding.
  • Request: The Guest submits a booking request by providing accurate personal information and completing the required payment or deposit.
  • Confirmation: A Booking is only confirmed upon receipt of a Booking Confirmation from YourStay. No booking is binding until this confirmation is issued.
  • Contract Formation: A confirmed Booking constitutes a binding rental agreement between the Guest and MartilRealEstate, governed by these Terms and applicable Moroccan law (D.O.C. Art. 19).

In accordance with Loi 31-08 (Art. 29), all essential information — including the full price, duration of stay, property details, and cancellation policy — is displayed clearly before you confirm your booking. You are encouraged to review this information carefully.

Availability

Property availability displayed on the Platform is updated regularly but is not guaranteed in real time. YourStay reserves the right to decline a booking request if the Property becomes unavailable for reasons beyond our control, in which case a full refund will be issued.


5. Payments & Pricing

All prices displayed on the Platform are in Moroccan Dirhams (MAD) unless otherwise stated, and are inclusive of applicable taxes in accordance with Moroccan fiscal regulations.

Price Breakdown

In line with Loi 31-08 (Art. 4) on transparent pricing, the total amount displayed before payment includes:

  • The nightly accommodation rate for the selected Property.
  • Any mandatory cleaning or end-of-stay fees, clearly itemised.
  • YourStay Service Fee, where applicable.
  • Applicable taxes (TVA and/or taxe de séjour where required by local regulation).

Payment Methods

YourStay accepts payment via bank transfer, credit or debit card, and other methods made available on the Platform. All payments are processed through secure, compliant payment infrastructure. YourStay does not store full card details on its servers.

Security Deposit

A refundable security deposit may be required for certain Properties. This amount is clearly stated prior to booking. The deposit will be returned within 5 business days following check-out, provided the Property is returned in the same condition as at check-in and no claims have been raised.

Payment Timing

Full payment or a deposit may be required at the time of booking, depending on the Property. The balance, if any, is due no later than 48 hours before check-in.

Currency

Transactions are processed in MAD. If your card is denominated in another currency, your bank’s exchange rate and any conversion fees apply and are outside YourStay’s control.


6. Cancellations & Refunds

YourStay’s cancellation and refund policy complies with consumer protection provisions under Loi 31-08. The applicable policy for each Booking is displayed clearly before payment is completed.

Flexible Policy Full refund (excluding Service Fee) if cancelled at least 48 hours before check-in. No refund for cancellations within 48 hours of check-in.

Moderate Policy Full refund if cancelled 5 or more days before check-in. 50% refund for cancellations between 2–5 days prior. Non-refundable within 48 hours.

Strict Policy Full refund only if cancelled within 24 hours of booking AND at least 14 days before check-in. 50% refund up to 7 days prior. Non-refundable thereafter.

Service Fees YourStay Service Fees are non-refundable except in the event of a cancellation initiated by YourStay or a force majeure situation recognised under Moroccan law.

Cancellation by YourStay

In the exceptional event that YourStay must cancel a confirmed booking, you will receive a full refund of all amounts paid, including Service Fees, within 5 business days. YourStay will make reasonable efforts to offer an equivalent alternative property.

Force Majeure (D.O.C. Art. 268)

Neither party shall be liable for non-performance caused by events beyond their reasonable control, including natural disasters, government-imposed travel restrictions, acts of war, or public health emergencies declared by Moroccan authorities. In such cases, YourStay will assess refunds or rebooking options on a case-by-case basis.

How to Cancel

Cancellations must be submitted in writing via the Platform or by contacting YourStay support directly. The cancellation date is the date on which YourStay receives your written request.


7. Guest Obligations During the Stay

Property Use

  • Occupy the Property only during the confirmed booking period and vacate by the agreed check-out time.
  • Use the Property solely for private residential purposes and not for any commercial, professional, or unlawful activity.
  • Not exceed the maximum occupancy stated in the Listing or Booking Confirmation.
  • Respect all house rules communicated at the time of booking or upon check-in (noise curfew, smoking policy, pet policy, etc.).
  • Not make any alterations, modifications, or additions to the Property or its furnishings.

Care & Responsibility

  • Maintain the Property in a clean and orderly condition throughout the Stay.
  • Report any pre-existing damage, malfunction, or safety concern to YourStay promptly upon discovery.
  • Be responsible for any damage caused to the Property or its contents during your Stay, beyond normal wear and tear.
  • Return all keys, access cards, and other items provided at check-in upon departure.
  • Not smoke inside the Property unless this is explicitly permitted in the Listing.

Moroccan Law & Social Norms

Guests are reminded that Morocco is governed by its own legal framework and that certain laws may differ from those in your home country. You are responsible for familiarising yourself with and adhering to applicable Moroccan laws during your stay, including those relating to public conduct and cohabitation.

Note: Moroccan law may impose restrictions on cohabitation between unmarried individuals of different genders. YourStay does not discriminate on this basis but draws Guests’ attention to their legal responsibilities under applicable Moroccan law.


8. Identity & Registration Requirements

In accordance with Moroccan tourism and hospitality regulations (Loi 61-00), all Guests are required to provide valid identification upon check-in.

  • Moroccan nationals must present a valid Carte Nationale d’Identité (CIN).
  • Foreign nationals must present a valid passport and, where applicable, a valid visa.
  • YourStay is legally required to record and retain Guest identity information and may be required to transmit this to competent Moroccan authorities (police, gendarmerie) in compliance with applicable law.
  • Failure to provide valid identification at check-in may result in the booking being cancelled without refund.

9. Liability

Guest Liability

You are fully liable for any damage caused to the Property, its furnishings, or equipment during your Stay. MartilRealEstate reserves the right to deduct the cost of repair or replacement from your security deposit and, where the damage exceeds the deposit amount, to pursue the outstanding balance through appropriate legal channels under Moroccan law (D.O.C. Art. 264).

YourStay’s Liability

YourStay is responsible for ensuring that Properties made available to Guests meet the description provided at the time of booking. In the event that a Property is materially different from what was described, YourStay will offer a suitable remedy, which may include a full or partial refund or alternative accommodation.

To the maximum extent permitted by Moroccan law, YourStay’s liability is limited to the total amount paid by the Guest for the relevant Booking. We are not liable for:

  • Loss, theft, or damage to the Guest’s personal belongings during the Stay.
  • Personal injury occurring within the Property, unless directly caused by a proven defect known to MartilRealEstate and not disclosed.
  • Disruptions caused by third parties, including neighbours, public services, or utilities.
  • Indirect or consequential losses of any kind.

Nothing in these Terms limits or excludes liability that cannot be excluded by law, including consumer rights protections guaranteed under Loi 31-08.


10. Privacy & Personal Data

YourStay processes your personal data in compliance with Loi n° 09-08 on the protection of personal data, enforced by the Commission Nationale de contrôle de la protection des Données à caractère Personnel (CNDP).

Data We Collect

  • Identity data: full name, date of birth, nationality, and government-issued ID number.
  • Contact data: email address, phone number, and mailing address.
  • Booking and transaction data: reservation history, payment records, and correspondence.
  • Device and usage data: IP address, browser type, and platform interactions.

How We Use Your Data

  • To process and manage your Booking and communicate with you about your Stay.
  • To comply with mandatory identity registration obligations under Moroccan tourism law.
  • To process payments and manage security deposits.
  • To improve our Platform and services, using anonymised or aggregated data where possible.
  • To send you service-related communications relevant to your Booking (not marketing).

Your Rights (Loi 09-08)

You have the right to access, correct, and request deletion of your personal data, subject to legal retention obligations. To exercise these rights, contact us at: privacy@yourstay.ma. We do not sell, lease, or otherwise transfer your personal data to third parties for commercial purposes.


11. Prohibited Conduct

The following are strictly prohibited and may result in immediate termination of your Stay, forfeiture of payment, and/or legal action:

  • Using the Property for any illegal purpose, including activities prohibited under Moroccan criminal law.
  • Hosting events, parties, or gatherings beyond the declared number of occupants without prior written consent from YourStay.
  • Subletting or transferring the Property to any third party under any circumstances.
  • Causing excessive noise or disturbance that affects neighbouring residents.
  • Bringing animals onto the Property unless explicitly permitted in the Listing.
  • Engaging in any conduct that causes distress to neighbours, building staff, or the local community.
  • Tampering with security systems, smoke detectors, or any safety equipment in the Property.
  • Providing false personal information at any stage of the booking or check-in process.

12. Complaints & Dispute Resolution

YourStay is committed to resolving Guest concerns promptly and fairly, in accordance with the consumer protection framework established by Loi 31-08.

During Your Stay

If you experience any issue during your Stay (e.g., a property defect, maintenance issue, or discrepancy with the Listing), you must notify YourStay immediately via the Platform or support contact. We will endeavour to resolve urgent matters within 24 hours.

After Your Stay

Post-stay complaints must be submitted in writing within 7 days of check-out. Complaints received after this period may not be eligible for compensation.

Formal Dispute Resolution

In the event that a dispute cannot be resolved amicably, either party may refer the matter to the competent Moroccan courts. As a consumer, you benefit from the protections afforded by Loi 31-08 and may contact the relevant consumer protection authority in Morocco for guidance.

To submit a complaint, email support@yourstay.ma with your Booking reference, a description of the issue, and any supporting documentation.


13. Governing Law & Jurisdiction

These Terms & Conditions are governed exclusively by the laws of the Kingdom of Morocco. Any dispute that cannot be resolved through good-faith negotiation shall be submitted to the exclusive jurisdiction of the competent Moroccan courts.

The following Moroccan legal instruments are specifically applicable:

  • Dahir des Obligations et Contrats (D.O.C.) — governing the formation, validity, and performance of contracts.
  • Loi n° 31-08 — establishing consumer protection measures and unfair commercial practices.
  • Loi n° 09-08 — governing the protection of personal data and rights of data subjects.
  • Loi n° 61-00 — regulating the status of tourist establishments and accommodation activities in Morocco.

14. Modifications to These Terms

MartilRealEstate reserves the right to amend these Terms at any time. In accordance with Loi 31-08, any material changes will be communicated to registered users via email and/or a prominent notice on the Platform at least 15 days before the changes take effect.

The Terms applicable to a confirmed Booking are those in effect at the time the Booking Confirmation was issued. Subsequent changes will not apply retroactively to confirmed bookings.


15. Contact Information

Guest Support support@yourstay.ma — Available 7 days a week, 09:00–20:00 (GMT+1)

Data Privacy privacy@yourstay.ma — Data Protection Officer, MartilRealEstate

Legal & Compliance legal@martilrealestate.ma — Legal Department, MartilRealEstate

Registered Office MartilRealEstate — N22 Kissariat Al andalus Av Hassan II, Martil