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In which context was the new law introduced ?
This law draws its core logic from two existing laws : the one that organizes the Dahirs of obligations and contracts as well as the one that oversees consumer protection. It is an exceptional law given the current situation. It is not the perfect decision because we are in a crisis, but one that can save the sector and result in the least possible damage.
The law strengthens the existing regulatory framework and fills a legal void since this type of incidents, events, pandemics and cases of force majeure are not taken into consideration. They make operators more vulnerable, which can also harm clients. If an operator goes bankrupt, the customer loses.
It was thus important to find a fair balance, an economic and social solution for the operators and customers, entitled reimbursement.
By protecting operators, can clients also be affected ?
The law provides that the operator proceeds to the production of an asset for the benefit of their client, either to benefit from the entire service, the remaining part or the price difference. We have planned all possible scenarios for the benefit of the client.
If clients do not agree with the operation and beyond the period provided by law, they have the right to recover up to 5,000 dirhams for their stay for example in Dakhla, which they have already paid. They also have the right to reschedule the same destination for the same amount, to program another destination for up to 5,000 dirhams or use this amount to cover the cost of another service.
If customers want a refund, it is also provided by law, but this provision will be valid after the health emergency. What everyone needs to know is that businesses do not have money.
If there was no law and everyone wanted to be reimbursed, it would have been an economic crisis. Everyone would have been trapped with a global bankruptcy, as insurance providers do not cover these cases.
What about corporate clients for business trips?
The text also focuses on transactions and relationships between operators, namely B2B. Morocco being a popular destination for international events, these services are paid for in foreign currency. Without this law, there would be pressure on operators to give their clients their money back in foreign currency. During this period, Morocco needs these foreign currencies for the real needs of our country. Thus, the law allows to safeguard the trade balance.
Furthermore, by reprogramming these events for the relaunch, we have every chance of starting the post-Covid-19 period in a more serene manner.
But in the event of the bankruptcy of an agency that has already provided a credit to a client, who will protect the latter ?
Bankruptcy is taken care of by another regulatory framework. It is not this law that will respond to this situation, but it intervenes to avoid bankruptcies precisely by proceeding through this system of deferral, disbursement and reprogramming.
