Terms and Conditio
General terms and conditions of sale:
Warning: If you do not accept, or disagree with any of the terms and conditions, please do not use WINE TOUR BOOKING website.
These “terms and conditions” of use define the terms of secondment of an online service of search and booking, which are meant to allow the visits of wineries. Additional terms specific to some services may apply to complete or modify those terms.
This service is reserved to the natural persons who are competent to subscribe to contracts governed by the French law. Any person who visits the website and/or uses it as well as its services is considered a user of the website, available at the address: http://www.winetourbooking.
Article 1 – ACCEPTANCE OF THE TERMS AND CONDITIONS
WINE TOUR BOOKING provides you with an online search and booking of visits in wineries service, provided that you accept the terms and conditions.
You acknowledge that he you have read and understood the terms and conditions. Besides, by using any of the services provided on the website, which can be accessed at http://www.winetourbooking.com (hereafter the website “winetourbooking.com”) you accept to be bound by these terms and conditions.
“WINE TOUR BOOKING reserves the right to modify at any time full or part of these terms. It is your responsibility to regularly check the latest version of the terms and conditions, which is on display at the address http://www.winetourbooking.com/Mentions_Legales. By continuing to use the service after those changes are made, you are expressing and acknowledging your acceptance of the changes. Your rights to use the WINE TOUR BOOKING services will automatically terminate without notice from us if you fail to comply with these terms and conditions.”
Article 2 – DESCRIPTION OF THE SERVICE
Search for and book visits in wineries online and in real time.
The website “winetourbooking.com” allows the user in particular to search, to book and to paythe visit of a winery online, according to the schedule of the owners.
It provides the user with historical, geographical, cultural or practical information.
Finally, it allows to access various services: itinerary, map, others…
In no way does WINE TOUR BOOKING guarantee the services available on this website offered by a third-party. This way, WINE TOUR BOOKING does not assure you that you will be satisfied with the products, services and or commercial practices you will get further to a reservation made via winetourbooking.com website.
Article 3 – Free service
The services provided and described within the terms and conditions are free for the user. You only pay the price of the visit, which is chosen by the winery owners.
The price of the visits is equivalent to the one established by the owners, just like any visit directly carried out at the winery.
Within the framework of a promotional campaign defined together with the winery, the price displayed by WINE TOUR BOOKING may be lower to the one established directly at the winery.
The use of winetourbooking.com website in accordance to the terms of service is free of charge for the user.
The website “winetourbooking.com” may contain links towards partners’ websites, which are held and used by retailers or service providers who are distinct and non-members of WINE TOUR BOOKING. This third party has the right to claim fees for the use of some contents or some services provided on their websites.
Before you carry on with a transaction, it is your responsibility to proceed to any necessary and appropriate verification to check if you owe a fee and what the terms of payment are. Under no circumstances would WINE TOUR BOOKING be responsible for such services.
Article 4 – BOOKING PROCEDURE
Description of the booking procedure carried out by the website user.
You shall order the services suggested by WINE TOUR BOOKING on the site www.winetourbooking.com according to the following procedure:
- You learn about the services suggested with their description on the website; you fill in your name, your contact details and your email with accuracy;
- You choose the service, the date and hour of the visit and click on “Order”.
- While placing your order, you confirm you have read and agree to the terms and conditions;
- You make the payment for the service via a secure payment system to WINE TOUR BOOKING’s “payment” partner.
- Once the order is confirmed, you will receive in your mailbox a “booking voucher” which contains, in particular, names and addresses of the winery as well as the date and hour of the reservation.
- The winery is being notified of the booking confirmation;
- You print the “WINE TOUR BOOKING voucher” and will show it when you get to the winery in order to enjoy the activity.
Definitive nature of the order
The bookings made on the website are worth a strong and definitive commitment once you have:
*confirmed and accepted the terms and conditions
*made your payment by clicking once on the button “confirm the order”
The order will be considered valid and accepted when WINE TOUR BOOKING confirms these bookings by sending an email.
Once you have made your booking, WINE TOUR BOOKING will let you know whether it has been accepted by sending you an email of confirmation within a period of forty-eight hours.
WINE TOUR BOOKING reserves the right to refuse any booking it judges as completely incoherent or fraudulent.
Article 5 – FULFILMENT OF THE SERVICE
Fulfilment of the service
WINE TOUR BOOKING acts as the intermediary of its partner he is not the legal representative of. For this reason, in no way does WINE TOUR BOOKING carry out the visits of any winery.
Any failure to fulfil the services is the responsibility of the winery owners.
Should the winery of your choice cancel your reservation, WINE TOUR BOOKING reserves the right to suggest that you visit another winery showing equivalent characteristics. If you refuse, under no circumstances can WINE TOUR BOOKING be held liable and guarantee the refund. The refund negotiation is to be made directly between you and the winery. If the winery want to refund, WINETOURBOOKING WTB retains a booking fee of 10 euros to 10% of the amount collected.
In case of force majeure, WINE TOUR BOOKING cannot be held liable and neither of the parties can claim any refund. By force majeure, we mean any event which is unpredictable, external, irresistible and beyond the control of the parties, preventing the fulfilment of the contract. That includes in particular strikes, social issues, natural disasters, fires, technical failures, locking of electronic communications networks, any legislative and statutory stipulation and more generally, any binding act coming from any competent authority preventing from fulfilling any of the terms of the contract.
Exclusion of the right of withdrawal
In accordance with the article L.121-20-4 of the French Consumer code, you do not have the right of withdrawal regarding lodging, transportation, catering and leisure services supplied in a date or according to determined periodicity. Once you have confirmed your booking, you cannot cancel or withdraw it. Thus, these bookings are non-refundable.
Article 6 – PROTECTION OF PERSONAL DATA
In order to provide services and in accordance with the law n°78-17 of January 6th 1978 related to data processing, files and freedoms, WINE TOUR BOOOKING collects personal data. Such data collection is meant to offer you a personalized and optimal use of the website “winetourbooking.com”.
Declaration of automatic processing of personal data to the CNIL (French data processing and freedoms law)
WINE TOUR BOOKING, which needs to collect and process personal data, declared the website “winetourbooking.com” to the CNIL (French data processing and freedoms law). The website is registered under n°1557550.
The collection of personal data does not make visible, directly or indirectly, the ethnic origins, political, philosophical or religious opinions or trade union affiliation, or data regarding the health or sex orientation of the people concerned.
User data are collected and processed fairly and legally for specific, clear and legitimate purposes, and are not subsequently processed in a way incompatible with these purposes. It is collected and processed in a way that identifies the persons concerned for a duration not exceeding the time necessary to complete the procedures for which the data are collected and processed.
The winetourbooking.com website and/or its partner websites may store information on your computer or device. This information will take the form of a “Cookie” or similar file. Cookies contain basic information about your Internet use, but they do not identify you personally. Your browser sends these cookies back to the site every time you revisit it, so it can recognise your computer and make it easier for you to participate in certain events, promotions, activities etc. on winetourbooking.com website.
You acknowledge and accept that WINE TOUR BOOKING reserves the right to install a “Cookie” on your computer or device to save information about the use of winetourbooking.com website.
Personal data marked as obligatory on the forms must be provided in order to use this service; it will only be used to provide this service and is intended only for WINE TOUR BOOKING partners, who shall take all necessary precautions to maintain, as far as possible, the security of the data.
You authorise WINE TOUR BOOKING to pass on all your information necessary to allow you to benefit from some functions and features of the site (newsgroup, viewpoints, comments…) to its technical service providers.
You authorise WINE TOUR BOOKING to provide its partners with all information related to you.
You authorise WINE TOUR BOOKING to use and/or transfer this information as part of its partnership agreements, particularly to enable you to benefit from personalised information and services (“open days”, “special deals”, “free invitations”, others…).
Any email sent by WINE TOUR BOOKING to the address collected when you made your first booking will be connected to the service described in the terms and conditions.
Control over customer ratings
The customer ratings are sent by those customers, who had actually visited the wine domain before. The customer ratings will be received and afterwards published by the wine domain concerned as they wish. There will be no return for sending a rating. The rating will be published after its receipt by mail and it will be kept by the affected wine domain for the time of usage by WTB.
Right of correction and opposition
You have a right of access and rectification over this personal data, which you may exercise by sending an email to the address « email@example.com ».
You may exercise your right of opposition to this transfer of data by sending a registered mail with a copy of your ID.
You acknowledge that, generally and given the current state of technological progress, every time you publish information online, this information can be collected and used by a third party. Therefore, you shall not hold WINE TOUR BOOKING responsible for any liability or harmful consequence of the use by a third party of this information exchanged using communication tools (chat, forum, opinions) offered on “winetourbooking.com” website.
Article 7 – LIMITATIONS OF LIABILITY
Given the specific nature of the Internet, WINE TOUR BOOKING offers no guarantee of the continuity of the service, and is only bound by an obligation of means in this regard.
WINE TOUR BOOKING cannot be held liable in case of damage linked to temporary unavailability of one of its services on winetourbooking.com website.
Information on “winetourbooking.com” website may be changed at any time, and WINE TOUR BOOKING cannot be held responsible for it.
WINE TOUR BOOKING disclaim any liability for any damage linked to the use or inability to use “winetourbooking.com” website or its content.
WINE TOUR BOOKING does not guarantee that the information and photos presented are detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content on winetourbooking.com website is provided as you see it, without any guarantee.
You expressly acknowledge that the photos on WINE TOUR BOOKING website are not contractually binding.
WINE TOUR BOOKING guarantees the effectiveness of the booking service. The availability is verified in real-time. Once you have paid the booking, a date and an hour of visit will really be reserved in the computer.
You acknowledge and accept that under no circumstances shall WINE TOUR BOOKING be held liable if the booking is cancelled, if the establishment is closed for any reason, or if the service is refused for any reason.
You state that you are fully aware of the features and limitations of the Internet. You acknowledge that it is impossible to guarantee that the data you send over the Internet will be fully secure. WINE TOUR BOOKING cannot be held responsible for any incident which could arise from this data transfer.
You pass on your data at your own risk. WINE TOUR BOOKING can only give assurances that it will use all the means available to ensure maximum security.
You explicitly acknowledge and agree to use “winetourbooking.com” website under your own responsibility.
WINE TOUR BOOKING supplies these links for convenience only and these links do not mean that WINE TOUR BOOKING sponsors or recommends the linked sites or that WINE TOUR BOOKING is affiliated to it. Linked sites are owned and operated by independent retailers or service providers.
WINE TOUR BOOKING cannot guarantee their products, services or business practices. It is your responsibility to make any check you think is necessary or appropriate before entering into any transactions with one of these third parties.
Article 8 – USER OBLIGATIONS
Unreserved acceptance of the terms and conditions
Communicate accurate, authentic and true information.
Abide by the national and international intellectual property regulations.
You agree not to represent, reproduce, submit, copy, sell, republish, or more generally, make available by any means any information you received from WINE TOUR BOOKING or available on “winetourbooking.com” website.
Article 9 – INTELLECTUAL PROPERTY
Ownership of rights
All intellectual property rights relating to the contents and information on “winetourbooking.com” website belong to WINE TOUR BOOKING, apart from third party rights, for which WINE TOUR BOOKING has obtained the necessary authorisations.
The rights you are conferred in order to use “winetourbooking.com” website and the services supplied by WINE TOUR BOOKING do not entail any transfer, concession or authorisation to make use of any content of “winetourbooking.com” website.
Protection of all items: trademarks, designs, logos, hyperlinks, information, etc.
All items (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, formatting, databases, codes etc.) on “winetourbooking.com” website and on associated sites are owned by WINE TOUR BOOKING and/or its partners only and are protected by national and international intellectual property regulations.
You acknowledge that failure to respect this prohibition constitutes an infringement punishable by civil and criminal law.
WINE TOUR BOOKING has the right to claim compensation for the losses sustained.
The relationships between WINE TOUR BOOKING and you, which are in particular governed by these terms and conditions, are subject to French law, apart from any other state legislation. The original version of these terms and conditions is the French version. Therefore, only the French version shall apply in case of dispute.
Exchange of information
You accept the use of electronic mail service to receive information you ask about the fulfilment of the contract related to the service of visit of the winery.
Any dispute arising out of these general terms and conditions shall be submitted to the relevant courts in Bordeaux.
Partial nullity – Dissociation – Titles
Should somehow a provision of these terms and conditions be null, illegal non-invocable or unenforceable, the validity, legality and enforcement of the other provisions of these terms and conditions shall not be affected or altered; the other stipulations of the general conditions shall remain in force and retain their full effect.
In this case, WINE TOUR BOOKING may draw up a new clause to re-establish the joint will of the parties, in accordance with current law applicable to these terms.
The titles of the articles herein are for information purposes only and must not be considered as forming an integral part of the general conditions.
Notification and removal of illicit content
WINE TOUR BOOKING notifies you that you may lodge a claim or an objection relating to any content posted on “winetourbooking.com” website.
If you believe items or content posted on “winetourbooking.com” website infringe your copyright, you may immediately send a notification to WINE TOUR BOOKING by registered post with proof of receipt containing all supporting documentation to prove the ownership of the rights. Once this procedure has been followed, and after the accuracy of the notification has been checked, WINE TOUR BOOKING shall make all reasonable efforts to remove the illicit content as soon as possible.
WINE TOUR BOOKING cannot be held liable for the contents present on “winetourbooking.com” website which can be modified by third parties (for example, wineries sheets, forums, opinions, etc.).