Terms of Service

About these Terms

These Terms of Service (“Terms”) form a binding agreement between you and The Nest (“The Nest”, “we”, “us”). They apply to your access to and use of thenest.ma, our communications, and any concierge, stays, dining, transfer, retreat, tour, or event services we arrange for you.

Please read them carefully. If you do not agree, please do not use our website or services. Where you book on behalf of others (a partner, family, or group), you confirm you are authorised to accept these Terms on their behalf.

About The Nest

The Nest is a private concierge and travel curation service based in Marrakech, Morocco. We design and coordinate stays, dining, transfers, experiences, retreats, tours, and events on behalf of our clients.

We are not a hotel operator, transport provider, restaurant, or tour operator. We act as an intermediary, contracting on your behalf with carefully selected third-party suppliers who deliver the actual service.

You can reach us any time at hello@thenest.ma.

From inquiry to confirmed booking

Submitting an inquiry through our website, email, WhatsApp, or any other channel is a request for information — it is not a booking and creates no obligation on either side.

Following your inquiry, we will reply with a personalised proposal that may include suggested suppliers, dates, pricing, payment terms, and supplier-specific cancellation rules. A booking is only confirmed when:

• you accept the proposal in writing (email or other written confirmation), and
• we have received the agreed deposit or full payment in cleared funds, as set out in the proposal.

Pricing and payment

Prices are quoted in EUR or MAD (Moroccan Dirham) and remain subject to availability and supplier confirmation at the moment of booking. Quotes are typically valid for the period stated in the proposal (commonly 7 days unless otherwise indicated).

Payment terms vary by service and supplier. They are set out clearly in your proposal and may include a non-refundable deposit, milestone payments, or full payment in advance. The balance, if any, is due before or upon arrival, depending on the service.

Where indicated, prices include applicable taxes and service charges. Tourist tax, gratuities, and incidental costs payable directly to suppliers (mini-bar, room service, optional add-ons) are your responsibility unless explicitly stated otherwise.

Changes, cancellations, and refunds

Cancellation and modification policies vary by supplier and the specific service booked. The exact terms applicable to your booking are set out in your proposal and confirmation. Where we hold deposits or payments on behalf of suppliers, refunds are subject to those suppliers’ policies.

If you wish to change or cancel a confirmed booking, contact us as early as possible. We will make reasonable efforts to amend or recover funds where supplier terms permit, but we cannot guarantee any refund beyond what the supplier’s rules allow.

Where we incur supplier penalties or non-recoverable third-party costs as a result of your cancellation or change, those amounts are deducted from any refund.

Force majeure

Neither party is liable for any failure or delay in performance caused by events beyond reasonable control, including but not limited to natural disasters, severe weather, epidemics or pandemics, acts of war or terrorism, civil unrest, government action, strikes, or infrastructure failure.

In the event of force majeure, we will work with you and our suppliers in good faith to reschedule, substitute, or refund where possible, subject to supplier terms and our actual ability to recover funds.

Third-party suppliers

Stays, transfers, dining experiences, tours, retreats, events, and other services are provided by independent third-party suppliers. The Nest is not the operator of those services and does not control how they are delivered.

Each supplier may have its own terms, house rules, age restrictions, dress codes, dietary handling, accessibility provisions, and safety protocols. Where these are material, we will share them with you in your proposal or confirmation. By accepting the booking you accept the relevant supplier terms.

Where a supplier fails to deliver, behaves improperly, or causes you loss, we will assist you in resolving the matter and, where appropriate, in claiming against the supplier. Our liability for supplier acts and omissions is limited as set out below.

Your responsibilities

When you engage our services, you agree that:

• You will provide accurate and complete information when submitting inquiries and bookings, including names matching travel documents, dates, party size, and any health, dietary, or accessibility needs that affect service delivery.
• You are responsible for ensuring that you and your party hold valid passports, visas, vaccinations, and any other documents required for entry into Morocco and your subsequent destinations.
• You are responsible for arranging appropriate travel and medical insurance covering you and your party for the full duration of the trip, including cancellation, medical evacuation, and personal effects.
• You will comply with applicable laws, supplier rules, and venue codes of conduct, and you will treat our team, our suppliers, and their staff with respect.
• You are responsible for the conduct and obligations of every member of your party, including any minors.

Health, safety, and suitability

Some experiences we arrange (mountain or desert excursions, quad biking, ballooning, hammam rituals, water-based activities, intense workouts) carry inherent physical risk and may not be suitable for everyone. You are responsible for assessing your own and your party’s fitness and suitability for each activity, and for disclosing in advance any medical, mobility, allergy, or dietary concerns that may affect safety or service.

We will share supplier-provided safety information where applicable. Participation in any activity is at your own risk, subject to the relevant supplier’s terms.

Disclaimer

The website and our services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no warranties, express or implied, regarding uninterrupted availability, accuracy of supplier information beyond what we have reasonably verified, or fitness for any particular purpose.

Photographs, descriptions, and editorial content on thenest.ma are illustrative. Supplier offerings, room layouts, menus, and amenities can change without notice and are governed by the supplier’s own materials at the time of stay.

Limitation of liability

To the maximum extent permitted by Moroccan law and any other law mandatorily applicable to you, our total aggregate liability arising out of or in connection with your use of the website or any booking is limited to the total amount you paid to us for the booking that gave rise to the claim.

We are not liable for any indirect, incidental, consequential, or special loss, including loss of enjoyment, loss of profit, loss of opportunity, or loss of data, even if such losses were foreseeable.

Nothing in these Terms limits any liability that cannot be excluded under applicable consumer protection law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

Indemnification

You agree to indemnify and hold harmless The Nest, our staff, and our suppliers against any claim, damage, loss, or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the website or services, or the conduct of any member of your party.

Intellectual property

All content on thenest.ma — including text, photographs, illustrations, logos, layouts, designs, and editorial copy — is owned by The Nest or used under licence, and is protected by copyright, trademark, and other intellectual property laws.

You may view and download content for your personal, non-commercial reference. You may not copy, reproduce, republish, modify, distribute, or otherwise exploit any content for commercial purposes without our prior written consent.

Privacy

Our handling of your personal data is governed by our Privacy Policy, which forms part of these Terms by reference.

Consumer rights and distance selling

Where you contract with us as a consumer based in the European Economic Area or the United Kingdom, please note that under Article 16(l) of EU Directive 2011/83/EU on consumer rights, contracts for the provision of accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities — provided on a specific date or for a specific period — are exempt from the 14-day statutory right of withdrawal. Cancellation rights for such bookings are governed by the supplier-specific terms set out in your proposal and confirmation.

This exclusion does not affect any other consumer rights you have under applicable law that cannot be excluded by contract.

Changes to these Terms

We may update these Terms from time to time to reflect changes in our services, suppliers, or legal obligations. The date at the top of this page indicates the latest revision. Material changes will be communicated through the website. Bookings already confirmed are governed by the version of these Terms in force at the time of confirmation.

Governing law and disputes

These Terms and any non-contractual obligations arising out of them are governed by the laws of the Kingdom of Morocco. Any dispute arising in connection with these Terms or your use of our services will be submitted to the exclusive jurisdiction of the competent courts of Marrakech, Morocco, save where mandatory consumer protection rules in your country of residence give you the right to bring proceedings before your local courts.

Before initiating any formal proceedings, please contact us at hello@thenest.ma. We are committed to resolving complaints quickly, fairly, and informally wherever possible.

Contact

Questions about these Terms can be sent to hello@thenest.ma or via the WhatsApp link available on every page of our site.