General terms and conditions
van rental

BabaCamper Company — Marrakech, Morocco

Version 2.0 — [01/01/2026]

PREAMBLE

These General Rental Conditions (hereinafter "the GTC") govern all contractual relations between the company BabaCamper (hereinafter "the Lessor") and any natural or legal person renting a leisure vehicle from the Lessor (hereinafter "the Renter").

These GTC are established in accordance with the provisions of Moroccan legislation in force, and in particular:

  • The Dahir of Obligations and Contracts (D.O.C.);
  • Law No. 31-08 enacting consumer protection measures;
  • Law No. 09-08 on the protection of individuals with regard to the processing of personal data;
  • The Moroccan Commercial Code.

Renting a vehicle from the Lessor, formalized by the drawing up and signing of a rental contract, implies full and complete acceptance, without reservation, of these GTC by the Renter. The Renter acknowledges having read these GTC prior to the conclusion of the rental contract and having all the information required for informed consent, in accordance with the requirements of Law No. 31-08.

The Lessor reserves the right to modify these GTC at any time. The applicable GTC are those in force on the date of the Renter's booking.

SECTION I — GENERAL FRAMEWORK

ARTICLE 1 — DEFINITIONS

For the purposes of these GTC, the following terms have the meaning given to them below:

"Lessor" : means the company BabaCamper, engaged in the business of renting leisure vehicles, whose registered office is located in Marrakech, Morocco, and which operates the website babacamper.com.

"Renter" : means the natural or legal person in whose name the rental contract is drawn up. Where the Renter is a natural person, they are also the main driver and the signatory of the contract. Where the Renter is a legal person (company, association, or any other entity with legal personality), the main driver is the natural person designated by the legal person as signatory of the contract.

"Main driver" : means the natural person who signs the rental contract and is responsible for the vehicle for the entire duration of the rental.

"Additional driver" : means any natural person, other than the main driver, expressly authorized by the Lessor to drive the vehicle and named on the rental contract.

"Vehicle" : means any campervan, converted van, 4×4 vehicle, or caravan rented out by the Lessor to the Renter. The vehicle is described in detail in the "Descriptive Condition" sheet appended to the rental contract. Vehicles are divided into two categories:

  • Category A — BabaVan (road vehicles) : campervans and converted vans, intended for use exclusively on asphalted and paved roads;
  • Category B — Baba4x4 (off-road vehicles) : equipped 4×4 vehicles, authorized under conditions to travel on unpaved tracks (see article 9).

"Rental contract" : means the entire contractual package binding the Lessor and the Renter, comprising these GTC, the booking form, the vehicle condition report drawn up jointly at handover and at return, the invoice, and the security deposit receipt.

"Booking platform" : means the website babacamper.com and any online booking system operated by the Lessor, enabling the Renter to book and pay online.

"Payment provider" : means any approved online payment service provider through which online card payments are made on the booking platform.

"WhatsApp" : means the WhatsApp instant messaging service (Meta Platforms, Inc.), recognized by the parties as the official communication channel between the Lessor and the Renter, under the conditions defined in article 15 of these GTC.

ARTICLE 2 — PURPOSE AND SCOPE OF APPLICATION

2.1 — Purpose

The purpose of these GTC is to define the respective rights and obligations of the Lessor and the Renter in connection with the leisure vehicle rental offered by the Lessor.

2.2 — Scope of application

These GTC apply to any vehicle rental concluded between the Lessor and the Renter, whether the booking is made online via the booking platform, by electronic correspondence, or directly at the Lessor's premises.

These GTC prevail over any other document issued by the Renter, and in particular over any of the Renter's general purchasing conditions, unless expressly waived in writing by the Lessor.

2.3 — No right of withdrawal

In accordance with the provisions of article 38 of Law No. 31-08 enacting consumer protection measures, the right of withdrawal provided for in articles 36 and 37 of said law does not apply to leisure services to be provided on a specific date. As the leisure vehicle rental offered by the Lessor constitutes a leisure service provided on a specific date, the Renter does not have the statutory seven (7) day right of withdrawal.

The applicable cancellation conditions are exclusively those set out in article 6 of these GTC.

2.4 — Geographical area

The rented vehicle may be driven throughout the entire territory of the Kingdom of Morocco, including the Southern provinces, covering the entire Atlantic coast (from Tangier to Dakhla) and the entire Mediterranean coast (from Tangier to Saïdia), as well as all of the Kingdom's inland regions.

Taking the vehicle outside the borders of Moroccan territory is strictly prohibited and constitutes gross misconduct within the meaning of article 9.8 of these GTC, resulting in immediate termination of the rental contract, total forfeiture of the excess waiver, and the Renter's full criminal and financial liability, without prejudice to any legal proceedings the Lessor reserves the right to initiate.

ARTICLE 3 — RENTER ELIGIBILITY CONDITIONS

3.1 — Driver requirements

The main driver and, where applicable, the additional drivers named on the rental contract must satisfy the following cumulative conditions:

a) Be at least eighteen (18) years old on the day the vehicle is picked up;

b) Hold a valid category B driving license (standard license for light vehicles, GVWR of 3.5 tonnes or less) authorizing driving in the territory of the Kingdom of Morocco. All vehicles in the BabaCamper fleet (BabaVan and Baba4x4) are driven with a standard B license. The driving license must be an original document (duplicates, photocopies and digital documents are not accepted) and must be legible;

c) For drivers holding a foreign driving license: the license must be a permanent license (provisional, probationary, or limited-duration licenses subject to a trial period are not accepted) and must be recognized as valid for driving in Morocco in accordance with the regulations in force. The driving license must be written in at least one of the following three languages: French, Arabic or English. Driving licenses issued by European Union member states fulfill this condition. If the Renter's driving license is not written in any of these three languages, it must be accompanied by a valid international driving permit. It is specified that the international driving permit has no independent legal value and is merely an official translation of the national driving license; under no circumstances may it replace presentation of the original driving license;

d) The Lessor reserves the right to offer specific pricing options (notably "young driver") whose conditions and rates are displayed on the booking platform at the time of booking.

3.2 — Documents to be provided

The main driver must present the following documents when signing the rental contract:

a) A valid passport (the National Identity Card — CIN — is accepted only for Moroccan nationals residing in Morocco, with a Moroccan address shown on their CIN and holding a Moroccan driving license);

b) The original valid driving license, meeting the conditions of article 3.1;

c) A means of payment for settling the rental balance;

d) A valid bank card in the name of the main driver or the Renter, for the security deposit.

3.3 — Consequences of failure to meet the eligibility conditions

Failure to meet any of the conditions set out in articles 3.1 and 3.2, or failure to present any of the required documents, automatically results in the immediate cancellation of the rental contract. In this case, the sums already paid by the Renter as a deposit are not refunded, by way of penalty clause.

SECTION II — BOOKING, PRICING AND PAYMENT

ARTICLE 4 — BOOKING

4.1 — Booking process

Vehicle bookings are made exclusively via the Lessor's online booking platform (babacamper.com). The Renter selects the desired vehicle, the rental dates, the desired options and accessories, and pays the deposit.

The booking is only considered firm and final once the Lessor has actually received the minimum deposit of thirty percent (30%) of the total rental price. Receipt of this payment constitutes mutual acceptance of the booking and binds both parties under the conditions set out in these GTC.

4.2 — Booking confirmation

Upon receipt of the deposit, the Lessor sends the Renter a booking confirmation by email and/or WhatsApp, summarizing the essential elements of the rental: dates, vehicle, price, options taken, and amount of the deposit paid.

4.3 — Booking modification

Any booking modification request (change of dates, vehicle, or options) must be sent to the Lessor in writing (email or WhatsApp) and is subject to the Lessor's prior agreement, subject to availability. The Lessor reserves the right to apply a price adjustment if the modification is accepted.

ARTICLE 5 — PRICES AND PAYMENT

5.1 — Price composition

The rental price is the one communicated by the Lessor at the time of booking on the booking platform. This price is inclusive of all taxes and includes:

a) The vehicle rental price according to the applicable pricing period (low, mid or high season);

b) Applicable local taxes;

c) The accessories and fittings included in the vehicle's range;

d) Standard kitchen equipment;

e) Insurance and 24/7 assistance, as described in article 11;

f) A mileage allowance of two hundred (200) kilometers per rental day;

g) One (1) authorized main driver.

Adding one or more additional drivers is available as an option or as part of a package, whose conditions and rates are displayed on the booking platform at the time of booking.

The options taken by the Renter at the time of booking (additional driver, reduced excess, pet on board, extra equipment, cancellation insurance, etc.) are added to the base price and are detailed on the booking form.

5.2 — Payment terms

Payment is made in two stages:

a) Deposit : a minimum amount of thirty percent (30%) of the total price is due at the time of booking. The deposit may be paid by bank card via the Lessor's secure payment platform, by bank transfer, or in cash at the Lessor's premises;

b) Balance : the rental balance is due no later than the day the vehicle is handed over. The balance may be paid by bank card (including via the online payment platform), by instant transfer, or in cash.

5.3 — Online payment security

Online payments made via the booking platform are secured by an encryption protocol compliant with PCI-DSS standards. The Lessor neither collects nor stores the Renter's bank details, which are processed exclusively by the online payment provider. The Renter acknowledges and accepts the payment provider's terms of use, available on the booking platform.

5.4 — Excess mileage

Any mileage beyond the allowance included in the rental price will incur an additional charge of three (3) Dirhams per excess kilometer, calculated on the basis of the odometer reading taken when the vehicle is returned.

5.5 — Payment default

In the event of payment default:

a) At booking (deposit not paid): the booking is automatically cancelled;

b) At handover (balance not paid): the rental is automatically cancelled, without refund of the deposit already paid;

c) After handover (payment default identified after the Renter's departure):

  • The rental contract is automatically terminated. The Renter is informed by telephone (call and SMS) and by WhatsApp;
  • The vehicle must be returned immediately;
  • Sums already paid are not refunded;
  • The Renter remains liable for the total rental amount, plus a late penalty of ten percent (10%);
  • If the vehicle is not returned within twenty-four (24) hours of the termination notice, an additional penalty of two thousand (2,000) Dirhams per day of delay will be applied, on top of the increased rental price. The Renter expressly authorizes the Lessor to charge these sums to their bank card. The Lessor further reserves the right to initiate criminal proceedings for failure to return the vehicle and breach of trust.

ARTICLE 6 — CANCELLATION AND EARLY RETURN CONDITIONS

6.1 — Cancellation by the Renter (without cancellation insurance)

If the "Cancellation Insurance" option provided for in article 6bis has not been taken, the following cancellation conditions apply:

a) Cancellation more than forty-five (45) days before the rental start date : the deposit is refunded to the Renter, after deduction of a flat fee of five hundred (500) Dirhams for administrative costs;

b) Cancellation less than forty-five (45) days before the rental start date : the deposit is not refunded. However, if the cancellation notice allows the Lessor to re-rent the vehicle for the period initially booked, the Lessor may, at its sole discretion, refund the deposit in part or in full;

c) Cancellation less than forty-eight (48) hours before departure, or failure of the Renter to show up on departure day ("no-show") : the full rental balance will be automatically charged to the bank card used to pay the deposit.

6.2 — Cancellation by the Lessor

If the booked vehicle is unavailable due to breakdown, accident, delay by the previous renter, or any other event beyond the Lessor's control, the Lessor undertakes to use all reasonable means at its disposal to find a substitute solution as quickly as possible. This is an obligation of means, not of result: the Lessor does not guarantee the availability of a replacement vehicle but undertakes to use its best efforts to offer one. The substitute vehicle may have different characteristics from the one initially booked.

a) If the Renter accepts the substitute vehicle: the rental price is adjusted according to the new vehicle and its characteristics (downward adjustment only) and according to the actual rental duration;

b) If the Renter refuses the substitute vehicle or the delay: the full deposit is refunded. A vehicle of the same range but with different decoration does not constitute a legitimate ground for refusal;

c) If, despite the Lessor's efforts, no substitute solution can be found: the rental is cancelled and the deposit is refunded to the Renter in full.

Under no circumstances may the Renter claim damages from the Lessor for the inability to supply the vehicle, late handover, or replacement by a substitute vehicle, the Lessor being bound only by an obligation of means.

6.3 — Early return

If the vehicle is returned early at the Renter's initiative, no refund will be made for unused rental days.

ARTICLE 6bis — CANCELLATION INSURANCE OPTION

6bis.1 — Purpose and subscription

At the time of booking, the Lessor offers the Renter an optional "Cancellation Insurance" whose price is displayed on the booking platform and added to the rental price.

The purpose of the Cancellation Insurance is to cover the Renter if the booking is cancelled for a legitimate reason, under the conditions defined in this article.

6bis.2 — Legitimate cancellation grounds covered

The following are considered legitimate grounds for cancellation entitling the Renter to the Cancellation Insurance benefits:

a) Serious illness or accident of the Renter, the main driver, or a close family member (spouse, children, parents), certified by a medical certificate;

b) Death of the Renter or a close family member;

c) A court summons that was unforeseeable at the booking date;

d) Involuntary job loss (dismissal) occurring after the booking date;

e) Visa refusal for a Renter of foreign nationality, certified by an official document from the consular authority.

6bis.3 — Compensation conditions

In the event of cancellation for a duly justified legitimate reason:

a) Cancellation more than fifteen (15) days before the rental start date : full refund of the sums paid (deposit and, where applicable, balance), after deduction of the cost of the Cancellation Insurance itself, which remains with the Lessor;

b) Cancellation between seven (7) and fifteen (15) days before the rental start date : refund of seventy-five percent (75%) of the sums paid, after deduction of the cost of the Cancellation Insurance;

c) Cancellation less than seven (7) days before the rental start date : refund of fifty percent (50%) of the sums paid, after deduction of the cost of the Cancellation Insurance.

6bis.4 — Exclusions

The Cancellation Insurance does not cover:

a) Cancellations for personal convenience or change of mind;

b) Cancellations resulting from a pre-existing reason known to the Renter at the time of booking;

c) Cancellations resulting from the Renter's participation in high-risk activities (extreme sports, competitions, etc.);

d) Cancellations resulting from the Renter being drunk or intoxicated.

6bis.5 — Claims procedure

A Renter wishing to claim under the Cancellation Insurance must notify the Lessor in writing (email or WhatsApp) within a maximum of forty-eight (48) hours of the occurrence of the cancellation event, together with the necessary supporting documents. The Lessor has fifteen (15) working days to notify the Renter of its decision.

SECTION III — HANDOVER AND RETURN

ARTICLE 7 — VEHICLE HANDOVER

7.1 — Handover location

Unless otherwise agreed, the vehicle is handed over at the Lessor's premises in Marrakech. Handover in any other city of the Kingdom of Morocco is possible for a delivery fee agreed beforehand between the parties and stated on the booking form.

7.2 — Condition of the vehicle at handover

The Lessor hands the vehicle over to the Renter in perfect working order and cleanliness, with a full tank of fuel and fresh water, and with all the administrative documents required for driving on Moroccan territory.

7.3 — Departure condition report

The condition of the vehicle (interior and exterior) is recorded jointly by the Lessor and the Renter in the "Descriptive Condition" sheet appended to the rental contract. The parties undertake to record on it, before departure, any defect, scratch, dent, or visible anomaly.

The Renter has a period corresponding to the first ten (10) kilometers of their journey to report to the Lessor, by telephone or WhatsApp, any defect not identified during the departure condition report. After this period, the vehicle is deemed to conform to the condition described in the "Descriptive Condition" sheet.

The Lessor cannot accept claims relating to visible damage that was not reported under the conditions above.

7.4 — Renter briefing

At handover, the Lessor gives the Renter a complete briefing covering:

a) Driving and handling the vehicle;

b) Using the original equipment and fittings;

c) Routine maintenance recommendations;

d) Emergency numbers and the procedure in the event of an incident.

The Renter acknowledges having received this briefing and having understood its terms.

7.5 — Parking of personal vehicles

The Lessor has no private car park or dedicated parking facility for Renters' personal vehicles. Street parking is available near the handover location. A Renter who chooses to park their personal vehicle there for the duration of the rental does so at their sole and entire responsibility. The Lessor declines all liability in the event of theft, break-in, attempted theft, breakdown, parking fine, or damage of any kind (including caused by forces of nature) affecting the Renter's personal vehicle. The Renter is solely responsible for insuring their own vehicle.

ARTICLE 8 — VEHICLE RETURN

8.1 — Return location and time

Unless otherwise stated in the contract, the vehicle is returned to the same place where it was handed over, on the date and at the time stipulated in the rental contract.

8.2 — Condition of the vehicle on return

The vehicle must be returned in the following condition:

a) Clean inside and out, in a state of cleanliness at least equal to that recorded at handover (kitchen and dishes clean, bodywork clean enough to carry out the return condition report);

b) With a full tank of fuel (filled less than ten kilometers from the return location);

c) With the rubbish removed, waste water drained, and the chemical toilet emptied and cleaned where applicable;

d) With all the fittings, accessories, locking systems, anti-theft devices and documents supplied at handover;

e) With the vehicle's registration documents and all documents provided on departure day.

There is no need to refill the fresh water tank or replace the gas supplies for the return.

Any failure to meet the return conditions above will result in the corresponding reconditioning costs being charged to the Renter, in accordance with article 10 of these GTC.

8.3 — Return condition report

The condition of the vehicle is recorded jointly by the Lessor and the Renter upon return. In the event of disagreement, the Renter may appoint, at their own expense, a court-approved automotive expert to draw up the return condition report. The expert's conclusions will be binding on both parties.

If the Renter refuses to sign the return condition report without appointing an expert, the condition report drawn up unilaterally by the Lessor will be authoritative.

8.4 — Mandatory obligation to respect return times

The Renter must return the vehicle strictly on the date and at the time stipulated in the rental contract. Strict compliance with these times is an essential obligation of the contract, since any late return directly affects the Lessor's rental schedule and may compromise the handover of the vehicle to the next renter.

The Renter acknowledges having been informed of the importance of respecting the return times and of the financial and criminal consequences of failing to meet this obligation.

8.5 — Request to extend the rental

If the Renter wishes to extend the rental beyond the return date set in the contract, they must request it from the Lessor by WhatsApp or email at least three (3) days before the initial return date.

The extension is subject to the Lessor's prior and express agreement, and the Lessor is free to accept or refuse the request depending on the vehicle booking schedule. The Lessor will inform the Renter of its decision and, if accepted, will specify the new authorized return date and time.

If the Lessor agrees:

a) The new return date and time are confirmed in writing (WhatsApp or email);

b) The corresponding additional charge is calculated on the basis of the current daily rental rate (low, mid or high season) and charged to the Renter's bank card;

c) In the absence of written confirmation from the Lessor, the extension is deemed refused and the Renter remains obliged to return the vehicle on the date and at the time initially agreed.

8.6 — Late return

8.6.1 — Delay approved by BabaCamper

If the Renter anticipates a late return and informs BabaCamper before the return time set in the contract (by WhatsApp or telephone), and BabaCamper gives its express agreement, the delay is considered approved. In this case:

a) The rental price is recalculated according to the actual rental duration, on the basis of the current daily rate (low, mid or high season);

b) The Renter is informed of the new applicable price and authorizes the Lessor to charge the additional amount to their bank card;

c) No late penalty is applied.

BabaCamper's agreement must be express and confirmed in writing (WhatsApp or email). No response does not constitute acceptance.

8.6.2 — Delay not approved by BabaCamper — Penalties

In the event of a late return not previously approved by BabaCamper (no request from the Renter, request refused by BabaCamper, or delay exceeding the approved duration), the following penalties apply automatically from one (1) hour of delay beyond the return time stipulated in the contract:

a) Flat-rate late penalty : one thousand (1,000) Dirhams;

b) Increased daily rental rate : the price of one rental day for the vehicle concerned, calculated on the basis of the current rate (low, mid or high season), is charged for each 24-hour period of delay commenced. As an indication, for a BabaVan vehicle this daily rate is 990 Dirhams (rate may vary depending on the season and vehicle model).

The penalties referred to in points a) and b) are cumulative and additional : the flat-rate penalty of 1,000 Dirhams is added to the daily rental rate for each 24-hour period of delay commenced. These sums are immediately due. The Renter expressly authorizes the Lessor to charge these amounts to their bank card and/or withhold them from the security deposit.

8.6.3 — Delay exceeding twenty-four (24) hours without contact — Presumption of misappropriation

If the vehicle is not returned more than twenty-four (24) hours after the return date and time set in the contract, and the Renter has made no contact with the Lessor despite the Lessor's attempts to reach them (phone calls, SMS, WhatsApp), the Lessor will consider the vehicle to be the subject of attempted misappropriation or fraudulent appropriation.

In this case, the Lessor will immediately and automatically take the following measures:

a) Reporting the vehicle stolen to the competent authorities (police station or gendarmerie);

b) Filing a complaint against the Renter for breach of trust, misappropriation, and/or theft, in accordance with the provisions of the Moroccan Criminal Code;

c) Total and automatic forfeiture of the excess limitation : the benefit of limiting financial liability to the excess amount (standard or reduced) is fully and irrevocably withdrawn, in accordance with the provisions of article 9.8 of these GTC;

d) Full criminal and financial liability of the Renter : the Renter is liable without any cap, in accordance with article 9.8.2, until the vehicle is actually recovered by the Lessor and fully restored. This liability covers in particular:

  • The market value of the vehicle, its fittings and its accessories;
  • Loss of business (loss of rental income) for the entire period of immobilization;
  • The costs of searching for, locating and recovering the vehicle;
  • The costs of restoring the vehicle after recovery;
  • All legal, court and attorney fees;
  • The late penalties referred to in article 8.6.2, accumulated for each day of delay from the initial return date until the vehicle is actually recovered.

e) Full retention of the security deposit : the security deposit is retained in full as a down payment on the total loss suffered by the Lessor.

The Renter acknowledges having been expressly informed of these consequences when signing the rental contract.

ARTICLE 8bis — TERMINATION AND RECOVERY OF THE VEHICLE

The Lessor reserves the right to terminate the rental contract and repossess the vehicle, without notice or compensation to the Renter, in the following cases:

a) Failure by the Renter to comply with the terms of the rental contract or these GTC;

b) Provision by the Renter of false or fraudulent information;

c) Vehicle appearing to be abandoned;

d) Failure to return the vehicle on the date set in the rental contract;

e) Endangering the passengers or the vehicle;

f) Non-payment or late payment by the Renter;

g) Use of the vehicle for illegal purposes;

h) Taking the vehicle outside Moroccan territory.

In all cases of termination referred to in this article, the sums already paid by the Renter remain with the Lessor as compensation. The Renter remains liable for payment of the full rental price and any vehicle reconditioning costs.

SECTION IV — LIABILITY AND INSURANCE

ARTICLE 9 — RENTER'S RESPONSIBILITIES REGARDING THE VEHICLE

9.1 — General liability

The main driver is solely responsible for the vehicle for the entire duration of the rental. They are responsible for the proper use, routine maintenance, and safekeeping of the vehicle, as well as all documents, equipment and accessories entrusted to them.

9.2 — Vehicle security

The Renter undertakes to:

a) Park the vehicle in accordance with the legislation in force when it is unoccupied;

b) Lock the vehicle and activate the anti-theft devices provided by the Lessor whenever it is parked;

c) Not leave the keys or the registration documents (original registration card where applicable) inside the vehicle;

d) Keep any valuables (GPS, phones, electronic devices) out of sight when the vehicle is parked and unoccupied.

9.3 — Routine maintenance

The Renter is responsible for the routine maintenance of the vehicle during the rental period, including:

a) Cleaning the vehicle inside and out;

b) Visually checking tire pressure and inflating them if necessary. If replacement is required, it must be done with tires of identical dimensions, type, and preferably brand, with a wear level at least equal to the originals. Both tires on the same axle must be identical in size, type, brand and wear;

c) Checking oil and fluid levels (brake, coolant, AdBlue) every five thousand (5,000) kilometers driven, and having them topped up by a professional if necessary, with the Lessor's prior agreement. The Renter must contact the Lessor to obtain the references of the maintenance products to be used;

d) Adding fuel (diesel only);

e) Monitoring the dashboard warning lights and immediately reporting any anomaly to the Lessor.

9.4 — Rules of use — Provisions common to all vehicles

For the entire duration of the rental, the Renter undertakes to:

a) Follow the recommendations given by the Lessor during the handover briefing;

b) Not allow the vehicle to be driven by anyone not named on the contract;

c) Take care of the equipment, fittings and gear, and avoid any improper handling likely to damage them;

d) Not drive while drunk or under the influence of drugs;

e) Respect the number of seats specified on the registration card;

f) Not use the vehicle for commercial purposes (transporting people or goods for payment);

g) Not sublet the vehicle;

h) Not overload the vehicle beyond the gross vehicle weight rating (GVWR) as defined on the registration card;

i) Not exceed the maximum weight supported by the beds (one hundred and eighty (180) kilograms per bed);

j) Not tow or push another vehicle;

k) Not transport dangerous, flammable, toxic or corrosive goods;

l) Not bring the vehicle into contact with salt water (beach, sea crossing);

m) Not smoke or vape inside the vehicle;

n) Not use an abrasive sponge for interior or exterior cleaning;

o) Not climb on the roof of the vehicle;

p) Not travel outside Moroccan territory;

q) Not drive after any withdrawal of their driving license;

r) Use diesel fuel exclusively.

9.5 — Rules of use — Provisions specific to Category A vehicles — BabaVan (vans and converted vans)

In addition to the provisions of article 9.4, Category A — BabaVan vehicles are subject to the following restrictions:

a) Strict prohibition on driving off asphalted roads : the Renter is strictly forbidden from driving on tracks, unpaved paths, sand, mud, fields, or any unpaved surface;

b) Prohibition on driving on snow without the specific equipment provided by the Lessor.

Any damage occurring in violation of these prohibitions makes the Renter fully financially liable and is not covered by insurance.

9.6 — Rules of use — Provisions specific to Category B vehicles — Baba4x4 (4×4)

In addition to the provisions of article 9.4, Category B — Baba4x4 vehicles are authorized to drive on unpaved tracks, subject to compliance with the following cumulative conditions:

a) The track used must be a recognized, passable track accessible to motor vehicles. Closed tracks, dune areas, wadi beds, beaches, and military or prohibited zones are strictly excluded;

b) The Renter must adapt their speed to track conditions and not exceed forty (40) kilometers per hour on tracks;

c) The vehicle must be equipped with the appropriate traction devices (4×4 mode engaged, tires properly inflated);

d) The Renter must have received the Lessor's specific instructions on off-road driving during the handover briefing;

e) The Renter must inform the Lessor of their planned off-road route by WhatsApp before setting out on it;

f) Getting the vehicle stuck in sand or mud, or immobilized on a track, is at the Renter's exclusive expense. Roadside assistance does not cover these interventions free of charge.

Any damage occurring on an unlisted track, in a prohibited area, or in violation of the above conditions makes the Renter fully financially liable.

9.7 — Pets on board

Pets are allowed on board the vehicle provided the "Pet on board" option is taken at booking, at the price shown on the booking platform.

If this option is taken, the Renter undertakes to:

a) Keep the animal under control at all times inside the vehicle;

b) Protect the vehicle's seats, beds and fittings against scratches, soiling and damage caused by the animal;

c) Thoroughly clean the vehicle before return, so as to remove all hair, odor or trace of the animal.

Any damage caused by the animal (scratches, tears, persistent odors requiring professional cleaning, etc.) will be charged to the Renter on the basis of the actual reconditioning costs.

The presence of an animal on board without having taken the option beforehand constitutes a breach of these GTC and gives rise to a flat-rate penalty of [amount to be defined] Dirhams, in addition to any cleaning and reconditioning costs.

9.8 — Gross misconduct — Total forfeiture of cover and liability limitation

9.8.1 — Definition of gross misconduct

The following behaviors (non-exhaustive list) constitute gross misconduct within the meaning of these GTC, resulting in the total and automatic forfeiture of the benefit of limiting financial liability to the excess amount:

a) Driving by an unauthorized person : lending the wheel, handing over the keys, or transferring driving of the vehicle, even temporarily, to any person not named on the rental contract as main or additional driver;

b) Dangerous driving : driving at excessive speed or at a speed unsuited to traffic conditions, deliberate skidding ("drifting"), stunt maneuvers, races or challenges, driving against traffic, or any driving behavior that deliberately endangers the vehicle, its occupants or third parties;

c) Driving while drunk or under the influence of drugs : driving the vehicle under the influence of alcohol (blood alcohol level above the legal limit in force in Morocco) or any psychotropic or narcotic substance;

d) Serious traffic offenses : committing offenses that have led or could lead to the withdrawal of the driving license, refusing to comply with a police check, or hit-and-run after an accident;

e) Use of the vehicle outside authorized conditions : driving a Category A — BabaVan vehicle (van/converted van) off asphalted roads, driving a Category B — Baba4x4 vehicle (4×4) on unlisted or prohibited tracks, driving at high speed on tracks (exceeding the 40 km/h limit set in article 9.6), or entering strictly excluded areas (dunes, wadi beds, beaches, military zones);

f) Leaving Moroccan territory : taking the vehicle outside the borders of the Kingdom of Morocco, even temporarily;

g) Attempted misappropriation or fraudulent appropriation : deliberately failing to return the vehicle, attempted misappropriation, concealing the vehicle, modifying or disabling any geolocation devices, or any act comparable to breach of trust under Moroccan criminal law;

h) Fraudulent statements : providing false or misleading information to the Lessor or the insurer regarding the circumstances of an incident, falsifying documents, or deliberately omitting decisive information;

i) Illegal use of the vehicle : using the vehicle to commit or facilitate a criminal offense, transporting prohibited goods, subletting the vehicle to a third party;

j) Refusal of cover by the insurer : any incident for which cover is refused by the insurer due to the Renter's failure to meet their contractual or legal obligations.

9.8.2 — Consequences of gross misconduct — Total forfeiture

In the event of gross misconduct as defined in article 9.8.1, the Renter faces the following cumulative consequences:

a) Total forfeiture of the excess limitation : the benefit of the excess (standard or reduced) is entirely withdrawn. The Renter can no longer rely on the limitation of their financial liability to the amount of the excess or the security deposit;

b) Full and unlimited financial liability : the Renter is financially liable for the entire loss suffered by the Lessor, without any cap, including in particular:

  • The market value of the vehicle on the day of the incident, including the value of the bodywork, the engine, and all mechanical and electrical components;
  • The value of the vehicle's interior fittings (furniture, beds, kitchen, electrical and sanitary installations);
  • The value of the accessories and equipment supplied with the vehicle;
  • The Lessor's loss of business, corresponding to the loss of rental income for the period the vehicle is out of service for repair or replacement, calculated on the basis of the average daily rental rate of the vehicle concerned;
  • The costs of repatriating and towing the vehicle;
  • Expert assessment fees;
  • The legal, court and attorney fees incurred by the Lessor to defend its interests and recover its claim;

c) Immediate termination of the contract : the rental contract is automatically terminated, without notice or compensation to the Renter. Sums already paid remain with the Lessor;

d) Reservation of criminal proceedings : the Lessor expressly reserves the right to bring any criminal proceedings against the Renter, in particular for breach of trust, theft, misappropriation, endangering the lives of others, or any other charge applicable under Moroccan criminal law.

9.8.3 — Proof of gross misconduct

Gross misconduct may be established by any means of proof admitted under Moroccan law, and in particular:

a) Findings made by law enforcement (official reports, police or gendarmerie reports);

b) Vehicle expert reports (mechanical and bodywork assessments, damage analysis);

c) The vehicle's geolocation data, where applicable;

d) Photographs and videos;

e) Witness statements;

f) Exchanges between the parties (emails, WhatsApp messages);

g) The insurer's reasoned refusal of cover.

9.8.4 — Cumulative nature

The consequences provided for in this article are in addition to all other sanctions and penalties provided for by these GTC and by law. Applying the provisions of this article does not prevent the application of late penalties, administrative fees, or any other sum owed by the Renter under the rental contract.

ARTICLE 10 — RENTER'S FINANCIAL LIABILITY AND SECURITY DEPOSIT

10.1 — Routine maintenance costs

The Renter is financially responsible for routine maintenance during the rental period, in accordance with article 9.3. If a failure is noted during the return condition report, the following charges apply:

a) Fuel : if the tank is not full, a flat fee of three hundred (300) Dirhams will be charged in addition to the cost of the missing diesel;

b) Cleaning : if the vehicle is returned insufficiently clean, cleaning fees will be charged according to the current price list displayed at the Lessor's premises;

c) Draining waste water and toilet : if not drained, the corresponding fees will be charged to the Renter.

10.2 — Security deposit

10.2.1 — Amount and payment

Renting a vehicle requires payment of a security deposit, the amount of which is set as follows:

a) Standard package : ten thousand (10,000) Dirhams;

b) With the "Reduced excess" option : two thousand five hundred (2,500) Dirhams.

The security deposit is provided by bank card hold, certified check, bank transfer, or in cash. The security deposit amount is not cashed during the rental period, except in the cases provided for in article 10.2.2.

The Renter expressly authorizes the Lessor to cash, if necessary, all or part of the security deposit to cover sums due under the rental contract. If the security deposit is provided as a bank card hold, the Renter authorizes the Lessor to make the corresponding debit.

10.2.2 — Withholding and return of the security deposit

The security deposit is returned to the Renter within seven (7) days of the vehicle return date, provided the Renter owes no outstanding sums. This period may be extended until the Renter has fully settled any of the following charges:

a) Vehicle reconditioning costs;

b) Fines;

c) Late penalties in the event of late return;

d) Excess mileage charges;

e) Cleaning fees;

f) Any other sum owed by the Renter under the rental contract.

Withholding procedure in the event of damage noted on return:

When the return condition report reveals damage to the vehicle (interior or exterior) not mentioned on the departure condition report, the following procedure applies:

a) Joint recording of damage : the damage is recorded on the return "Descriptive Condition" sheet, signed by both parties. Photographs are taken in the Renter's presence;

b) Immediate withholding : the Lessor is authorized to immediately withhold all or part of the security deposit, on the basis of an initial estimate of the reconditioning costs made by its staff;

c) Further assessment : if the damage requires a thorough assessment by a professional repairer or body shop, this is carried out within thirty (30) days of the return. The Renter is informed of the outcome of this assessment and receives the corresponding detailed invoice;

d) Settlement : on the basis of the final invoice: – If the repair cost is less than the amount withheld: the Lessor refunds the difference to the Renter within fifteen (15) days; – If the repair cost is greater than the amount withheld: the Renter must pay the balance within fifteen (15) days of notification of the invoice. Failing this, the Lessor is authorized to charge the balance to the Renter's bank card; – If the repair cost exceeds the security deposit amount: the Renter remains liable for the entire surplus. The Lessor is authorized to charge the Renter's bank card for the sums due.

In the event of gross misconduct within the meaning of article 9.8 : the amount withheld from the security deposit constitutes a down payment on the total loss owed by the Renter, whose financial liability is engaged without cap in accordance with article 9.8.2.

10.3 — Reduced excess option

At booking, the Renter may take the "Reduced excess" option, whose price is displayed on the booking platform. This option reduces the excess applicable in the event of an insured incident from ten thousand (10,000) Dirhams to two thousand five hundred (2,500) Dirhams, and correspondingly reduces the security deposit amount.

The Reduced excess option applies only to damage covered by the insurance contract under the conditions provided for in article 11. It in no way changes the Renter's financial liability for damage not covered by insurance.

10.4 — Fines

The Renter is financially responsible for all fines and sanctions (financial and criminal) incurred during the rental period: speeding, parking, traffic offenses, etc.

If the Renter fails to deal with their fines within thirty (30) days of notification, the Renter authorizes the Lessor to:

a) Deduct from the security deposit the amount of the increased fine, including any applicable taxes;

b) Charge additional processing fees of three hundred (300) Dirhams per fine.

10.5 — Loss or damage of keys and registration documents

If the vehicle's keys and/or registration documents are lost, the Renter bears all costs relating to the declarations, the issue of duplicates, and the replacement of the lost items.

If the keys are locked inside the vehicle, all intervention costs to reopen and restore the vehicle are borne by the Renter.

ARTICLE 11 — INSURANCE AND ASSISTANCE

11.1 — Conditions of cover

The insurance and assistance included in the rental contract apply:

a) Exclusively to incidents and accidents involving the rented vehicle, occurring under the responsibility of one of the drivers named on the contract;

b) During the term of the rental contract;

c) Provided the Renter complies with all their obligations set out in articles 9 of these GTC.

11.2 — Motor third-party liability insurance

The rental contract includes motor third-party liability insurance covering:

a) Bodily injury and property damage caused to third parties;

b) Bodily injury suffered by the vehicle's passengers;

c) Personal driver cover.

11.3 — Comprehensive damage insurance

The rental contract includes comprehensive damage insurance covering damage to the rented vehicle, including theft, fire, natural disasters and acts of vandalism.

If the Renter is fully or partially liable, this insurance carries an excess set at:

a) Standard package : ten thousand (10,000) Dirhams per claim;

b) With the Reduced excess option : two thousand five hundred (2,500) Dirhams per claim.

The excess applies to each incident independently. Multiple excesses apply in the event of separate incidents occurring during the same rental period.

11.4 — Vehicle assistance

Vehicle assistance, included in the rental contract, is available 24/7 and comprises:

a) Help filling in the amicable accident report;

b) Help in the event of a flat tire;

c) Help in the event of running out of fuel;

d) Towing the vehicle or on-site repair;

e) Accommodation if the vehicle is immobilized (under the terms of the assistance contract);

f) Repatriation to the Lessor's premises in the event of prolonged immobilization (under the terms of the assistance contract).

ATTENTION : if the Renter is repatriated by the assistance service and abandons the vehicle without the Lessor's prior written agreement, the costs of repatriating the vehicle after repair will be entirely at their expense.

The assistance service does not cover, free of charge, cases where the vehicle is stuck in sand, mud or snow.

If the vehicle is immobilized following an accident, incident, or theft, neither the assistance contract nor the Lessor offers the Renter any refund for the interruption of their trip, nor any payment of damages.

11.5 — Personal assistance

The personal assistance included in the rental contract comprises:

a) Medical repatriation (under the terms of the assistance contract);

b) Covering a relative's visit in the event of hospitalization (under the terms of the assistance contract);

c) Sending medication;

d) Reimbursement of medical and surgical expenses (under the terms of the assistance contract).

In the event of an incident, the Renter must call the assistance number shown on the document holder in the vehicle's glove box.

11.6 — Cover exclusions

The following incidents and damage are not covered by insurance and make the Renter fully financially liable:

a) Damage to and theft of the personal belongings of the Renter and passengers;

b) Damage occurring while the vehicle is driven by someone not named on the contract;

c) Damage occurring outside the rental period;

d) Damage resulting from the Renter's failure to meet their obligations under articles 9 of these GTC, and in particular:

  • Use of the wrong fuel;
  • Damage and deterioration linked to negligent or improper use of the vehicle (interior and exterior damage, torn seats, broken or damaged items);
  • Damage linked to using a Category A — BabaVan vehicle (van/converted van) in sand, mud, or snow;
  • Damage linked to using a Category B — Baba4x4 vehicle (4×4) on unlisted tracks, in prohibited areas, or in violation of the conditions set out in article 9.6;
  • Damage involving a drunk or intoxicated driver;
  • Damage subject to false statements, misleading information, or deliberate omissions by the Renter towards the Lessor or the insurer;
  • Damage for which the information and documents relating to the incident (in particular the amicable accident report) were not passed on to the Lessor;
  • Damage resulting from abandoning the vehicle or failing to return it within the timeframes set in the contract;

e) Theft of the vehicle following its abandonment or failure to return it on time.

The Renter agrees that the Lessor is irrevocably authorized to collect the sums due to cover these costs, including where these sums exceed the security deposit amount.

ARTICLE 12 — PROCEDURES IN THE EVENT OF AN INCIDENT

12.1 — In the event of an accident involving a third party

The Renter is obliged to:

a) Fill in an amicable accident report identifying the circumstances of the incident, the respective responsibilities of the parties, and the full identity of the third party (name, contact details, driving license number, registration number, insurer). In the absence of an amicable report, the Renter will be presumed liable;

b) Notify the Lessor immediately (by telephone and WhatsApp) to enable:

  • The incident to be declared to the insurer within the statutory forty-eight (48) hour period;
  • The assistance procedure to be launched, if necessary.

12.2 — In the event of an incident or breakdown

The Renter is obliged to:

a) Notify the Lessor immediately (by telephone and WhatsApp);

b) Carry out no repair or part replacement without the Lessor's prior agreement;

c) For repairs authorized by the Lessor, have the invoices issued in the Lessor's name and keep them. These invoices will be reimbursed by the Lessor if the incident or breakdown corresponds to normal wear and the Renter is not liable.

12.3 — In the event of theft or attempted break-in

The Renter is obliged to:

a) Notify the Lessor immediately (by telephone and WhatsApp) so the incident can be declared to the insurer within forty-eight (48) hours;

b) File a complaint at the police station or gendarmerie nearest to the scene within twenty-four (24) hours of discovering the facts, and send the Lessor the complaint receipt.

12.4 — Administrative fees in the event of an incident

In the event of an incident involving an identified and insured third party whose full liability is established, administrative fees of five hundred (500) Dirhams are charged to the Renter.

12.5 — Independent joint assessment

In the event of disagreement over the reconditioning costs notified by the Lessor, the Renter has ten (10) days from notification to request, at their own expense, an assessment by a court-approved expert. The expert's conclusions will be binding on both parties.

SECTION V — FINAL PROVISIONS

ARTICLE 13 — PERSONAL DATA PROTECTION

13.1 — Data controller

The controller of the personal data collected in connection with the rental is the company BabaCamper, [full address to be completed], acting in accordance with the provisions of Law No. 09-08 on the protection of individuals with regard to the processing of personal data and its implementing texts.

13.2 — Data collected and purposes

The Lessor collects the following personal data:

a) Identification data: surname, first name, date of birth, nationality, ID number, driving license number;

b) Contact details: postal address, email address, telephone number, WhatsApp ID;

c) Financial data: bank card details (processed exclusively by the online payment provider, not stored by the Lessor);

d) Rental-related data: dates, vehicle, mileage, any incidents.

This data is collected for the following purposes:

a) Managing the booking, drawing up and performing the rental contract;

b) Managing the customer relationship (archiving, follow-up, sending promotional offers with the Renter's prior consent);

c) Managing incidents and insurance procedures;

d) Debt collection and dispute management;

e) Compliance with legal and regulatory obligations.

13.3 — Retention period

Personal data is kept for as long as necessary for the purposes for which it was collected, and at most:

a) Contractual data: five (5) years from the end of the rental contract;

b) Accounting and tax data: ten (10) years;

c) Incident-related data: until all related claims are extinguished.

13.4 — Renter's rights

In accordance with Law No. 09-08, the Renter has the right to access, rectify, delete and object to the processing of their personal data. The Renter may exercise these rights by sending a written request to the Lessor by post or email to [email address to be completed].

The Lessor undertakes to respond within thirty (30) days of receiving the request.

13.5 — Confidentiality and transfer

The Renter's personal data is treated confidentially and is only shared with the following third parties, to the extent necessary for the performance of the contract:

a) The online payment provider;

b) The insurance and assistance companies;

c) The judicial authorities, upon legal requisition.

Personal data is not transferred outside Moroccan territory, except where strictly necessary for payment processing by the online payment provider, in accordance with that provider's security guarantees.

ARTICLE 14 — DISPUTE RESOLUTION

14.1 — Prior complaint

In the event of a dispute relating to the performance or interpretation of these GTC, the Renter is invited to send a written complaint to the Lessor by email or post. The Lessor undertakes to respond within fifteen (15) working days.

14.2 — Mediation

If the complaint remains unresolved, the parties agree to attempt amicable resolution through mediation before any legal action. The mediator will be appointed by mutual agreement between the parties. If no agreement is reached on the choice of mediator within thirty (30) days, each party is free to bring the matter before the competent courts.

14.3 — Competent jurisdiction

Failing amicable resolution, any dispute relating to the conclusion, performance, interpretation or termination of the rental contract and these GTC will be subject to the exclusive jurisdiction of the Commercial Court of Marrakech, notwithstanding multiple defendants or third-party claims.

14.4 — Applicable law

These GTC are governed by Moroccan law. The Dahir of Obligations and Contracts and the Moroccan laws in force apply to all contractual relations between the parties.

ARTICLE 15 — MISCELLANEOUS PROVISIONS

15.1 — Force majeure

Neither party may be held liable for failure to perform its contractual obligations if such failure results from force majeure, within the meaning of article 269 of the Dahir of Obligations and Contracts, i.e. an event that is unforeseeable, unavoidable and beyond the parties' control.

The following in particular are considered force majeure events: natural disasters (earthquakes, floods, storms), epidemics and pandemics, armed conflicts, acts of terrorism, general strikes, government decisions (border closures, state of emergency, travel restrictions), and any other event with the characteristics of force majeure.

In the event of force majeure:

a) The rental contract is suspended for the duration of the event;

b) If the event lasts longer than forty-eight (48) hours, either party may terminate the contract by written notice, without compensation on either side;

c) The sums paid by the Renter for the unused period will be refunded, after deducting the rental days actually used and any costs incurred by the Lessor.

15.2 — Communications between the parties

The parties agree that communications relating to the performance of the rental contract may validly be made through the following channels:

a) WhatsApp messaging;

b) Email.

Exchanges made via WhatsApp between the parties (text messages, voice messages, documents, photographs) are expressly recognized by the parties as having evidential value in the same way as email exchanges, for everything concerning the performance of the rental contract, and in particular:

  • Notifications and alerts (delays, incidents, extensions);
  • Agreements and confirmations (booking changes, repair authorization);
  • Sending documents (reports, supporting documents, photographs of the vehicle's condition).

The Renter undertakes to provide a valid telephone number reachable via WhatsApp for the entire duration of the rental. The Lessor undertakes not to use the Renter's WhatsApp contact details for commercial prospecting without their prior consent.

15.3 — Entire agreement

These GTC, together with the rental contract and its appendices, constitute the entire agreement between the parties regarding the vehicle rental. They cancel and replace any prior proposal, negotiation, commitment or agreement on the same subject.

15.4 — Severability

If any provision of these GTC is declared void or unenforceable by a competent court, the other provisions will retain their full force and effect.

15.5 — No waiver

The fact that one party does not invoke a breach by the other party of any provision of these GTC shall not be interpreted as a waiver of the right to invoke that breach later.

15.6 — Language of the contract

These GTC are written in French. In the event of translation into another language, only the French version is authoritative.

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