BEAUNE VISITES EN CAVES - SERVICES
GENERAL SALES CONDITIONS
CLAUSE 1 DEFINITIONS
In these General Sales Conditions, the terms set out below shall have the meaning given to them in so far as the context does not require otherwise. The singular or plural for each of the terms defined includes its plural or singular where the context so requires or allows:
Means any person pre-reserving one or more services via the site; individuals are to be at least 18 years old and have full legal capacity.
The Customer may be a professional or non-professional. A non-professional is defined as any person not acting in the context of any commercial, industrial, craft, independent professional or agricultural activity.
Means these General Sales Conditions the purpose of which is to lay out the contractual provisions between the Service Provider and the Customer and the conditions applicable to reserving the services offered via the http://www.patriarche.com site to the consumer. Purchase of any of these services via this site implies unreserved acceptance by the Customer of these General Sales Conditions.
Means BEAUNE VISITES EN CAVES SNC, a commercial partnership having a share capital of 1500 Euros whose registered office is situated at BP 70203, 21206 BEAUNE, registered on the Dijon Companies and Business Register under number 413130733 whose VAT number is FR 28 413 130 733 ;
Means any service offered upon pre-reservation on the site as defined below.
In this case, the services are:
- Jean-Baptiste Services
- Nicolas Rolin Services
- Guigone de Salin Services
- Visitandines Services
The service provider may change these services at any time.
Means the Service Provider's site on which the Services are offered accessible at the following address: ww.patriarche.com
1.6 OBLIGATORY PRE-RESERVATION
Customers make pre-reservations on the http://www.patriarche.com Internet site.
1.6.1 Pre-Reservation procedures online are open to any adult without limit as to origin of country.
1.6.2 To pre-reserve one or more services, it is mandatory that the Customer follows the pre-reservation procedures set out on the site and in particular complies with the following rules:
Once the Service has been selected, the Customer is to complete an on-line pre-registration form setting out the required information. Collection of this information by the Service Provider enables commercial relations to be monitored and ensures smooth functioning of reservation procedures.
To complete the Pre-Reservation, the Customer acknowledges having read the GSC and its attachments including the cancellation insurance policy and accepts them by ticking the box provided for this purpose.
The general conditions to the cancellation insurance policy will be sent to the Customer upon request.
The Customer completes Pre-Reservation by clicking on "Accept" button. Pre-reservation implies acceptance of the prices and descriptions which are available at the time of sale.
CLAUSE 2 - APPLICATION AND BINDING NATURE OF THESE GENERAL SALES CONDITIONS
2.1 These GSC apply, by right to sales by the Service Provider of Services to any Purchaser in the context of their Order.
2.2 No special conditions will take precedence over these GSC. Any conditions to the contrary, in particular general purchasing conditions, will not be binding on the Service Provider.
2.3 Orders for Services imply that the Purchaser has read and unreservedly accepts these GSC. To complete this acceptance, the Purchaser is to tick the box provided for this purpose before final acceptance of their Order on Site. Failing this, their Order will not be accepted.
2.4 As these GSC are subject to change, the conditions applicable are those in force on the Site at the date of making the order.
2.5 The Services are subject to the provisions of the Tourism Code which is reproduced in Annexe 1 in compliance with Articles L211-7 and L211-17 of the Tourism Code.
2.6. The Service Provider is registered under number 021100009. The Service Provider is covered by third-party professional insurance policy n° 14218959. Cover: All bodily injury, both material and non-material (€ 1 524 490) including material and non-material damage or loss whether consequential or not (€762 245 - Excess 10% of damage or loss Minimum €458/Maximum €2 267) and cancellation insurance policy n° 5311172 with Europe Assistance SA, 1 promenade de la Bonnette, 92230 GENEVILLIERS and financial guarantees given by the Société Générale, 28 Cours de l'intendance 3300 BORDEAUX. The Service Provider has taken out an insurance policy covering professional third-party liability with GENERALI, 9 bld Haussmann, 75456 PARIS CEDEX 09
CLAUSE 3 - SERVICES
3.1. CHARACTERISTICS/ AVAILABILITY OF SERVICES
3.1.1 The Service Provider is to make all best efforts to provide a precise description of the Services on the Site.
However, the Customer acknowledges and accepts that there will be minor differences between the characteristics of the Services (photographs, descriptions and how the Services will be provided etc.) provided on the Site and that of the actual Services provided. Photographs published on the Site have no contractual value.
3.1.2 All Services sold on the Site comply with French legislation in force and to standards applicable in France.
3.1.3 The Service Provider reserves the right to change or withdraw all information set out on the Site relating to the Services.
3.1.4 The services are offered up to the limit of places which are available for each visit set out on the Site. Where a Service is not available, the Service Provider is to inform the Customer by email of the non-available Service.
3.1.5 The Service Provider may cancel the Services under the provisions of Clause 6.2 of these GSC.
3.2. PRICES FOR SERVICES
3.2.1 The Customer expressly acknowledges having read the information relating to the Services on the basis of the information and in particular the descriptions provided.
The Service Provider expressly reserves the right to review prices either up or down in order to take changes in transport costs into account in particular relating to fuel costs.
3.2.2 On the Site presentation pages, the prices for Services are shown net of VAT without mention of any reclaim of possible VAT on the invoice.
3.2.3 The prices indicated do not include travel costs to use the services. No carriage costs, customs duties or other formalities to use the oeno-tourism services offered by the service provider on the www.patriarche.fr site.
3.2.4 The Service Provider reserves the right to change prices for the Services presented on the Site at any time it being understood that the prices shown on the Site at the date of pre-reservation are the only prices applicable to the Customer.
CLAUSE 4 - PRE-RESERVATION
4.1 PRE-RESERVATION PROCEDURES
4.1.1 Customers make pre-reservations on the www.patriarche.com Internet site.
To reserve one or more services it is mandatory that they follow the pre-reservation procedures as follows:
• The customer is to choose from the services offered
• They are to complete a pre-registration form on which they are to show all contact details requested.
The purpose of collecting this information is to make identification by the Service Provider easier and thus to enable the monitoring of commercial relations for smooth functioning of the reservation procedures.
• By ticking the box provided for this purpose, the Customer acknowledges having read and accepted these General Sales Conditions.
• Lastly they complete the pre-reservation by clicking on the « Accept »button.
Once the pre-reservation has been accepted by the Customer the Service Provider will contact them by the email address provided to complete pre-reservation.
For this purpose, the Service Provider is to confirm the reservation by sending details of the services including the total estimated price for pre-reservation to be paid by the customer.
4.1.2 The Service Provider reserves the right to cancel or refuse any pre-reservation or reservation from the Customer with whom any dispute exists relating to the payment of any preceding reservation or a Customer who has not the capacity to contract. Pre-reservation implies acceptance of the prices and descriptions which are available at the time of sale.
4.1.3 The Service Provider undertakes to honour pre-reservations received on the Internet site only within the limit of available places. However insufficiency in the number of participants will be considered by the Service Provider as grounds for cancellation for some types of services under the provisions of Clause 9- 3 of these General Sales Conditions.
4.2 MAKING PRE-RESERVATIONS
Pre-reservations may be made by email, telephone or letter to the Service Provider.
CLAUSE 5 - RESERVATIONS
5.1 RESERVATION CONFIRMATION
5.1.1 The Customer confirms to the Service Provider its agreement to the pre-reservation conditions and the provision of additional information requested by the Service Provider for the smooth functioning of reservation procedures. The email confirming the reservation will imply the completion of a Reservation contract and is the starting point for the legal time limit for withdrawal in compliance with the Consumer Code.
The Service Provider confirms the Reservation to the Customer by email subject to the Purchaser having provided a valid email address on the customer's account and will send them:
- a request for the payment of a sum on account of 50% of the total estimated sum including bank details;
- details of the Services including the total estimated price payable at the time of application by the Purchaser;
- a reservation contract to be signed and dated in agreement.
5.1.2 The reservation is to be agreed by the Service Provider upon receipt of the reservation contract which has been duly completed and signed by the Purchaser accompanied by a payment on account (by bank card, by bank transfer or by cheque made out to Beaune Visites en Caves).
5.2 PROOF OF RESERVATION
It is expressly agreed that emails will be legally binding on the Parties as well as the systems for automatic recording used on the Site and in particular in relation to the type and date of reservation.
5.3 RESERVATION TIME LIMITS
In consideration for the special nature of the Services offered by the Service Provider, no application for pre-reservation may be made within a time limit of less than fifteen (15) days before the start of each Service in the absence of express agreement by the Service Provider.
CLAUSE 6 - PAYMENTS ON ACCOUNT AND INVOICE BALANCE
6.1 METHODS OF PAYMENT
6.1.1 Payments of sums on account and the balance of the invoice are to be made as follows:
- on-line by bank card
- by cheque in the name of Beaune Visites en Caves or by bank transfer, excluding any other method of payment.
6.1.2 The Service Provider reserves the right to change methods of payment authorised in Clause 6.1.1.
6.1.3 Payment will be credited to the Customer's account upon its receipt by the Service Provider.
6.1.4 The Service Provider will not be bound to provide the services ordered by the Customer where the latter is not paid sums on account under the conditions set out above.
6.1.5 The security and confidentiality of information provided online The Service Provider will make best efforts as far as technical knowledge is concerned to ensure the security and confidentially of information provided online. For this purpose, the Site uses the SSL (Secure Socket Layer) secure payment system. The operator of this online payment service is Crédit Lyonnais, SA, having a share capital of 1 847 860 375 Euros, registered number 954509741- on the Lyon Companies and Business Register, registered office situated at: 18 rue de la République 69002 Lyon, central administrative offices: 20 avenue de Paris - 94811 Villejuif cedex, registered under the registration number as an insurance agency on the ORIAS register under number 07001878. Approved (under n°30002) and controlled by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) the Bank of France Financial Supervisory Authority 61 rue Taitbout 75436 PARIS cedex 09 and the Central European Bank (CEB) 60640 Frankfurt on Main, Germany - and also controlled by the Financial Markets Authority, the FMA: 17 Place de la Bourse-75082 Paris cedex 02.
It is at all events an obligation to make best efforts.
Invoices will be sent to Customers when the service has been carried out.
6.1.7. Time Limits and legal guarantees
The Service Provider will make best efforts to comply with time limits indicated. Failing this, the Purchaser may apply for cancellation of the sale under the provisions of the Consumer Code:
• Article L. 216-2 of the Consumer Code states:
"In the event of breach by a professional of their obligation to deliver goods or supply a service on a date or upon the expiry of a time limit provided for in the first paragraph of Article L.216-1 or, failing this, at the latest 30 days after entering into a contract, a consumer may cancel the contract by registered letter with acknowledgement of receipt or in writing upon any other permanent sustainable medium where, having been requested to carry out delivery or supply of services, according to these same arrangements, within a reasonable additional time limit, the latter has not been completed within this time limit.
The contract is to be considered as cancelled upon receipt by the professional of the letter or written communication informing them of this cancellation insofar as the professional has not executed its obligations in the meantime.
The consumer may immediately cancel the contract where the professional refuses to deliver the goods or supply the service or where it does not execute its obligation to deliver the goods or supply the service on the date or upon expiry of the time limit provided for in the first paragraph of Article L.216-1 and that as far as the consumer is concerned, this date or this time limit constitutes an essential condition in the contract. This essential condition arises from the circumstances which surround entering into the contract or express request by the consumer before entering into the contract."
• Article L. 216-3 of the Consumer Code states:
"Where the contract is terminated under the provisions of Article L.216-2 the professional is to repay the consumer all sums paid at the latest within 14 days of the date on which notice of cancellation of the contract has been served."
The time limits mentioned are in business days.
6.2 PAYMENT BY BANK CARD
On application by the Customer wishing to pay all or part of their reservation by bankcard on site, the Service Provider will create a customer account and provide a number to enable the Customer to connect to the payment system and personalise their account (password, etc.)
Prior to their first payment, it is mandatory that the Customer completes the form in full which is offered with the information requested and that they supply a valid email address.
The Service Provider will send to the Customer an email confirming receipt of their payment.
6.2.1 The Customer undertakes to provide complete, accurate information to the Service Provider.
6.2.2 The Customer is bound to update their personal information.
6.2.3 Then, after their first payment on Site and in order to make a new payment, the Customer will connect to their customer account via the "connection" heading on Site.
6.2.4 The Service Provider may deactivate their Customer account at any time at their discretion in particular (but not exclusively) in the event of suspicion that a third party may have usurped their identity, non-compliance with these GSC or failure to pay for a previous reservation.
Additionally the Customer may ask the Service Provider to deactivate their customer account.
6.2.5 It is the Customer's responsibility to ensure the security of the log-in and password chosen in restarting their customer account. Any connection to this account using a Customer's login and password will be presumed to have been made by them.
CLAUSE 7- TERM AND SUPPLY OF THE SERVICE
7.1 Term of the Service
The Customer is informed of the term of the Services on the Site and upon receipt of confirmation of reservation sent by the Service Provider.
At no event may the Customer claim any right whatsoever to remain on site after the end of the Services.
7.2 Arrival at the site where the Services are carried out The Customer is to present themselves on the exact day and time mentioned in the reservation confirmation document sent to them by the Service Provider.
In the event that this is impossible for any reason whatsoever, the Customer undertakes to notify the Service Provider.
In the event of late arrival or last minute prevention, the Customer is to notify the Service Provider whose address and telephone number are shown on the reservation confirmation.
7.3 Interruption to Services
In the case of interruption by the Customer no reimbursement will be made.
Where the Service Provider finds it impossible to supply a material part of the Services and to offer a replacement solution, the Customer will be reimbursed for the difference in price estimated in good faith by the parties.
CLAUSE 8 - CANCELLATION OF SERVICES
8.1 Cancellation by the Customer
Any cancellation is to be notified by email setting out in detail the reservation number to: email@example.com
8.2 Conditions for cancellation by the Customer
Cancellation by the Customer will result in the following:
- up until three months from the start of the services: no cost, payments on account will be reimbursed in full
- between three months and 31 days before departure: retention of €15 of administration costs and insurance
- from 30 to 21 days: 25% of the total price for the services
- from 20 to 8 days: 50% of the total price for the services
- less than eight days: 100% of the total price for the services
8.3 Cancellation by the Service Provider
Because of the special nature of the Services sold, the Service Provider reserves the right to cancel any Service offered within a maximum of ten (10) days before the date provided for.
In particular where there is an insufficient number of participants to the Service this may be cancelled by the Service Provider.
The Service Provider is to inform the Customer of this right at the time of sending the reservation confirmation.
The Customer will be reimbursed in full for sums paid relating to the cancelled Service without any compensation retained by the Service Provider, or will be offered another date where possible.
CLAUSE 9 - RIGHT OF WITHDRAWAL
9.1 In compliance with Article L221-18 of the Consumer Code, the Customer has a time limit of fourteen (14) days from entering into the Reservation contract to exercise their right to withdraw without need to provide grounds or to pay penalties.
9.2 To exercise their right to withdraw, the Customer will find the standard form for withdrawal in Annexe 2 which is to be completed and sent to the Seller's customer service department at the following address:
BEAUNE VISITE EN CAVES - 5 RUE DU COLLEGE - 21200 BEAUNE
The Customer may also notify the Vendor of their wish to exercise their right to withdraw by any method of their choice expressing their wish to withdraw without ambiguity and mentioning the reservation number relating to the withdrawal.
9.3 In this event, the Customer will be reimbursed for all sums paid.
9.4 This reimbursement shall take place at the latest within fourteen (14) days from date on which the Service Provider is informed of the Customer's decision to withdraw.
9.5 The Service Provider will make this reimbursement using the same payment method as that used by the Customer for the original transaction in the absence of express agreement by the Purchaser for the Service Provider to use another form of payment.
9.6 This right to withdraw may not be exercised for the contracts set out in Article L.221-28 of the
Consumer Code and in particular for contracts:
« (...) 1° For the supply of services which are to be executed in full before the end of the withdrawal time limit and whose execution has started after prior express agreement from the consumer and express waiver of their right to withdraw; (...)"
CLAUSE 10 - LIABILITY/ FORCE MAJEURE
10.1 Given the special characteristics and limits of the Internet network, the Service Provider will not be liable for any consequences to connection to this network via the Site.
Therefore the Service Provider will not be liable for damage or loss caused to the Purchaser's computer equipment and to data stored in them or any consequences that might result for its personal, professional or commercial activity.
In the same way, the Service Provider will not be liable for an incorrect price being shown where this is due to a computer bug or intrusion into its computer systems. In such an event and in particular where the Site shows an identical price for each Service or prices which are clearly wrong, the Service Provider reserves the right to cancel all Reservations.
Moreover the Service Provider will not be liable in the event that the Site is not available at any time and whatever the reason or length of this non-availability. Access to the Site may be subject to temporary or final suspension without prior notice
10.2 The Service Provider will not be liable for damage or loss arising from fault by the Purchaser in the context of carrying out the Services.
10.3 The Customer is liable for all damage or loss that may occur because of them.
10.4 The Service Provider will not be liable where non-execution or poor execution of its obligations is attributable to unforeseen circumstances or an event of force majeure as defined by French case law.
The following will be considered, without this list being exhaustive, as such: war, terrorist attack or threat, explosion, storm, strikes of all types.
10.5 The Service Provider acting as organiser will be required to choose various service providers (carriers, hoteliers etc.) to execute its services. In the event that a Service provider fails to perform or where, for compelling reasons as defined in Clause 10.4, the Service Provider is obliged to cancel all or part of its undertakings, best efforts will be made to replace them by equivalent services.
Where circumstances force the Service Provider to substitute one means of transport for another, one hotel for another or to follow a different itinerary or cancel some excursions, these exceptional changes will not give rise to any compensation whatsoever. The purchaser may not refuse them without valid grounds.
10.6 Any failure in the execution of the contract disclosed on site is to be notified as soon as possible in writing or in any other appropriate form by the Customer to the service supplier in question and to the Service Supplier or its representative.
CLAUSE 11 -INFORMATION/CLAIMS
11.1 For information, claims or questions, the Customer is to address the Service Provider's customer service department completing the online form using the site "Contact" button or by phoning 03.80.24.53.87 or by email to firstname.lastname@example.org.
11.2 Any shortened Service or Service unused by the Customer will not give rise to repayment.
11.3 Claims relating to a Service are to be sent to the Service Provider by registered letter within one month of the date of return. After this time limit, the Service Provider will refuse to accept claims. The time limit for reply may vary on the basis of the length of enquiries made by the Service Provider with hotels and service suppliers.
CLAUSE 12 - PERSONAL DATA
12.1 Customer personal data collected at the time of Reservation will be processed. This data may be used by the Service Provider for management purposes. It will not be provided to the Service Provider's commercial partners.
12.2 Bank information provided by the Customer where payment for a Reservation is by bank card will be stored in the service provider's systems for the Service Provider authorised for this purpose and will be subject to special security measures. In compliance with the recommendations of the French National Commission for Data Protection (the "CNIL") this data will only be used and held for the purposes and duration of the transaction and are completely removed once actual payment has been made.
12.3 The email address attaching to the Customer's account at the time of the registration on the Site may be used for sending informational emails relating to the processing of the order. It may also be used for sending advertising, promotional and/or commercial emails by the Service Provider subject to authorisation by the Purchaser of the appropriate box on their account on the Site. The Service Provider reserves the right to send commercial offers for Services which are similar to those ordered in the absence of express notification to the contrary by the Purchaser.
12.4 Pursuant to the provisions of Articles 39 and 40 of the Personal Data Protection legislation dated 6 January 1978 as amended in 2004, the Purchaser has the right to access, change, rectify and where appropriate delete data relating to them. This right may be exercised with BEAUNE VISITE EN CAVES - 7 RUE DU COLLEGE - BP 70203 - 21200 21206 BEAUNE CLAUSE 13 - VALIDITY OF THESE GSP Where any provision in these GSP is declared null and void wholly or in part, the other provisions and the other rights and obligations arising from these GSP shall remain unchanged and will continue to be applicable.
CLAUSE 14 - ABSENCE OF WAIVER
The fact of the Service Provider not requiring execution of any of the provisions in these GSP whatsoever, may not be interpreted as meaning later waiver to any right to claim whole or partial non-execution.
CLAUSE 15 - ACCESSIBILITY OF THESE GSP
An updated version of these Service Provider GSP is accessible permanently online by the Customer. For this it is sufficient to click on the link [name of the link to be entered] =>will be effective where the site is online
CLAUSE 16 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
These General Conditions of Use are subject to French law.
Any dispute relating to the binding nature, validity, interpretation and/or their execution and generally any dispute in relation to the sale of the Services will be for submission to the Dijon courts having jurisdiction.
The Purchaser is informed that they may also refer to a consumer mediator under the provisions set out in Articles L.611-1 et seq of the Consumer Code and according to the process which is accessible at www.economie.gouv.fr/mediation-conso.
The Service Provider's mediator is the Vendor's mediator, being MEDYCIS http://www.medicys.fr/index.php/consommateurs.
(Please complete and send this form solely if you wish to withdraw your order made on Site)
For the attention of BEAUNE VISITES EN CAVES, BP 70203, 21206 BEAUNE
I hereby notify you of my withdrawal from the contract relating to the sale of the Service set out below:
Order dated: .....................................................................................................................................................
Order number: ..................................................................................................................................
Customer Name: ..............................................................................................................................................
Customer Address: ..............................................................................................................................................
Customer's signature (solely where notice by this form is in paper form):