Terms and Conditions of Sale (TCS)
ARTICLE 1: OBJECT
The present Terms and Conditions of Sale (TCS) determine the rights and obligations of the parties (the seller and the client) within the framework of the sale of Services by the Bordeaux Metropole Tourist Office and Congress (hereinafter referred to as "OTCBM"), the seller, to the Client, on its online information and sales site accessible at the address
ARTICLE 2: DEFINITIONS - GENERAL PROVISIONS
In the present Terms and Conditions of Sale and Use, the following words or expressions shall have the following meaning:
- Seller and/or Tourist Office: "Office du Tourisme & des Congrès de Bordeaux Métropole", Association with SIRET number 78 180 45 54 000 17, whose coordinates are as follows: BORDEAUX Cedex (33080), CS 31366, 12 Cours du XXX Juillet; Email: [email protected]. and which offers the Services described in the present Conditions.
- Services and/or Services: sale of tasting passes and sailboat visits for Bordeaux Fête le Vin
- Website: website hosted at the address
- Content: set of messages or comments, notes, generated by a User on the Tourist Office's website.
- Client and/or User: person using the Services offered by the Tourist Office on its website.
The present Terms and Conditions of Sale (TCS) apply to all sales of Services made through the Tourist Office's website. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The TCS applicable are then those in force on the date of payment (or the first payment in case of multiple payments) of the order.
The Client declares that he/she has become aware of the entirety of the present Terms and Conditions of Sale, and accepts them without restriction or reservation. The Client acknowledges that he/she has received advice and information necessary to ensure the adequacy of the offer to his/her needs. He/she declares that he/she is able to contract legally in accordance with French laws or validly represent the natural or legal person for whom he/she is committing. Unless proven otherwise, the information recorded by the Tourist Office constitutes proof of all transactions.
ARTICLE 3: CUSTOMER INFORMATION
Customers acknowledge that they have received all essential information about the Service before concluding the contract.
Customers receive by mail at the confirmation of the order a telephone number or the coordinates of a contact point allowing them to contact the Tourist Office:
OTCBM
12, cours du XXX juillet – CS 31366
33080 Bordeaux cedex
TEL: 05.56.00.66.00
[email protected]
Customers are required to report any non-conformity that they may notice during the performance of the service within ten days. The Tourist Office has taken out insurance against insolvency with the association professionnelle de solidarité du Tourisme covering in particular the failure and insolvency of the service provider engaging the responsibility of the Tourist Office up to 2,000,000 euros: 15 avenue Carnot - 75017 Paris; [email protected]; TEL 01 44 09 25 35.
The Tourist Office has also taken out a professional civil liability insurance contract with AXA France, 313 terrasses de l'Arche, 92727 Nanterre cedex - policy n°10757365204
Clients must respect the health rules in force during visits organized by the OTCBM and its service providers (see the rules defined in the health protocol in force and the rules and measures determined by the OTCBM and posted on its website)
ARTICLE 4: PRODUCTS AND SERVICES
4.1. Characteristics
The products and services offered for sale presented on the Site each have a description established by the seller or accessible on his site by a link on his logo mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The photographs illustrating the products do not constitute a contractual document. The conditions of participation for each of the services offered by the Tourist Office are detailed on the website and have contractual value, in particular concerning the presence of children which may require an adaptation of the mode of transport.
4.2. Conformity
The products and services comply with the regulations in force relating to the safety and health of persons, the loyalty of commercial transactions and the protection of consumers at the time of their marketing.
They comply with the provisions of French law in force at the time of their marketing.
ARTICLE 5: PRICES, FEES AND COMMISSIONS
The prices of the services offered through the website are indicated in Euros including taxes and precisely determined on the pages of descriptions of the products as well as on the page of order of the products, and excluding specific shipping expenses.
The total amount due by the Client is indicated on the order confirmation page, with the mention "confirmation of the order". The selling price of the product is the one in force on the day of the order. In case of promotion by prices, the Tourist Office undertakes to apply the promotional price to any order placed during the duration of the promotion.
The Tourist Office reserves the right to modify its prices at any time, while guaranteeing the Client the application of the price in force on the day of the order.
ARTICLE 6: CONCLUSION OF THE ONLINE CONTRACT
The Client will have to follow a specific series of steps in order to be able to place an order on the Site, namely:
- Step 1: selection by the User of the desired Service after becoming aware of the essential characteristics concerning these Services as they appear on the Site;
- Step 2: completion of the mandatory fields of the order or reservation forms on the Site (otherwise, the User's order or reservation request cannot be processed by the Tourist Office) and provisional validation of the information entered; acceptance of these TCS
- Step 3: confirmation by the User of the information appearing on the summary displayed on the Site recalling the selected Service, the total price of the Service and the price due to the Tourist Office and, the information entered by the User, the latter always being able at this stage to identify any error and correct it according to the modalities appearing on the Site or, modify his order or reservation for convenience or simply abandon it;
- Step 4: final confirmation by the User of his order or reservation request on the Site after entering and validating the information relating to the online payment method selected by the User for the payment of the price due to the Tourist Office under the TCS.
The Tourist Office will send an email confirming the order, reservation, or pick-up voucher in due time before the start of the Services ordered or reserved and at the latest, within 72 hours of receipt of the order or reservation of the client. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Client undertakes to provide his identification elements truthfully. The Tourist Office reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The client may obtain an invoice for his order upon written request to the email address indicated in the contact field of his ticket.
ARTICLE 7: PROVISION OF THE SERVICE BY THE TOURIST OFFICE
The essential characteristics of the services, their respective prices are made available to the Client on the website of the Tourist Office. The Client acknowledges having received a detail of the delivery costs as well as the modalities of payment, delivery and execution of the contract. The Tourist Office undertakes to honor the Client's order within the limit of available products only. Otherwise, the Tourist Office will inform the Client. This contractual information is presented in detail and in French. In accordance with French law, it is the subject of a summary and confirmation when the order is validated.
In accordance with the legal provisions on conformity and hidden defects, the Tourist Office refunds or exchanges products that are defective or do not conform to the order. The refund can be requested by contacting the email address indicated on the e-ticket within 10 days following the date of performance of the service. Otherwise, no claim will be admitted by the Tourist Office. The Tourist Office offers clients the opportunity to purchase and reserve various services, under the conditions defined below.
7.1 The Request for Services
(a) Rules applicable to orders in general
The Tourist Office undertakes to process service requests made by the Client within the best possible time and no later than 72 hours after transmission.
(b) Confirmation of the order by the Tourist Office
The recording of an order on the site is carried out when the Client validates his order. The Client has the possibility to verify the detail of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the integrity of the present General Conditions of Sale and constitutes a proof of the contract of sale. It is therefore up to the Client to verify the accuracy of the order and to signal immediately any error. This confirmation will include in particular:
- the numbered reference of the order;
- the nature of the product or service ordered;
- the quantity of the product or service ordered;
- the unit price of the product or service ordered, excluding tax and including all taxes;
- the date and place of performance of the service.
(c) Acceptance of the order
These orders will only be final after receipt by the Tourist Office of payment of the deposit or the total price of the service depending on the case.
(d) Rupture of stocks or services available with the seller
Any order is subject to the stocks or services available with the seller. The Tourist Office cannot be held responsible in case of prevention linked to a rupture of stock of the products ordered, of unavailability of the services ordered, of modification of the delivery delay indicated by the Tourist Office to the Client. The Tourist Office undertakes to implement all the means at its disposal to propose alternative solutions. These solutions can be implemented subject to a written agreement returned by the Client. In the hypothesis where no alternative solution would be found or accepted by the Client, there would be a cancellation of the order without indemnity on either side, except the direct recourse of the Client to the seller.
7.2 Payment for the Services ordered
(a) The products and services will be invoiced on the basis of the tariffs precisely indicated, in Euros and including all taxes, when the order is confirmed by the Tourist Office,
(b) The Client will pay for the service by means of the online payment service provided on the Site.
7.3 Provision of services
The conditions for providing the product or service ordered will be set out in the written confirmation that will be sent to the Client by the Tourist Office and will take place according to the modalities determined by the seller. Despite all the care taken in strictly observing the agreed deadlines, the Tourist Office cannot be held responsible for damage or prejudice caused by a delay in the delivery of a product or service. The non-respect of the delivery deadlines agreed cannot give rise to any compensation of any kind whatsoever at the expense of the Tourist Office.
ARTICLE 8: LIABILITY OF THE TOURIST OFFICE
Within the limits of the legislation in force, if the liability of the Tourist Office is retained by the competent jurisdiction towards a Client, it cannot exceed the amount of the sums effectively paid by the Client for the subscribed services.
The liability of the Tourist Office cannot be engaged, in particular in the following cases:
8.1 Due to the Content of the site
Unless the Tourist Office has been duly informed of the existence of illegal Content within the meaning of the legislation in force, and has not acted promptly to remove it, the Tourist Office cannot be held responsible either for the Content or for the actions or lack of action of the Clients, or for the services they request.
8.2 Due to difficulties in accessing the site
The Tourist Office does not guarantee continuous and secure access to its Services, as the proper functioning of the Site may be affected by many factors beyond the control of the Tourist Office. Therefore, within the limits of the legislation in force, the Tourist Office excludes all warranties, conditions or other provisions, and cannot be held responsible for financial loss or damage to reputation, or for special, indirect or consequential damages resulting from or related to the use of its sites and Services.
ARTICLE 9: PAYMENT
Payment is due immediately upon ordering. The Client may make the payment by bank card. Bank cards issued by banks domiciled outside of France must obligatorily be international bank cards (Mastercard or Visa). The secure online payment by bank card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Client authorizes the seller to debit his card for the amount corresponding to the price indicated. The Client confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the sale is immediately terminated as of right and the order cancelled.
ARTICLE 10: ABSENCE OF RIGHT OF WITHDRAWAL
In accordance with Article L. 221-28-12e of the Consumer Code, the right of withdrawal cannot be exercised for "services of accommodation, other than residential accommodation, of transport of goods, of car rental, of restoration or of leisure activities which must be provided on a specific date or during a specified period".
ARTICLE 11: CANCELLATION AND REIMBURSEMENT
Cancellations by the Tourist Office will result in a refund to the Client of the total amount of the transaction without any penalty.
Requests for cancellation and refund must be sent by email only to the address indicated on the ticket (contact section). No refund will be made at the counter of the tourist office.
In case of sudden occurrence of disasters or conflicts, the Client may then terminate his trip without penalty before departure, or during the trip benefit from accommodation at the expense of the seller for up to 3 days, while waiting for the return.
Climatic events (rain, wind, heat...), even if observed by prefectural decision, do not constitute a case of force majeure and cannot give rise to a refund.
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller Tourist Office. No transfer of intellectual property rights is made through these TCS. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
ARTICLE 13: EXCEPTIONAL AND INEVITABLE CIRCUMSTANCES
The performance of the Tourist Office's obligations under these terms is suspended in the event of the occurrence of exceptional and unavoidable circumstances which prevent its performance. It will inform the client of the occurrence of such an event as soon as possible.
ARTICLE 14: NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of the present contract were to be annulled, this nullity would not entail the nullity of the other stipulations which would remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 15: PROTECTION OF PERSONAL DATA
Data is said to be "personal" or "of a personal nature" as soon as it identifies, directly or indirectly, a natural person. For example, a person is identified directly when his or her name and first name appear in a file, a set of data organized in a structured manner. Similarly, an individual may be identifiable when a file contains information allowing his or her indirect identification (e.g. telephone number, photograph, etc.).
In the course of its activity, the OTCBM may be required to collect and process personal data of Clients.
Aware of the importance of the personal data of these Clients, the OTCBM undertakes to guarantee their security at all times and to use all necessary precautions when using them. The OTCBM therefore undertakes to process this data in accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and liberties in its amended version and in accordance with other French and community texts applicable and in particular the General Regulation on the protection of data (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 - hereinafter, "RGPD").
All information relating to the processing of personal data carried out by the Tourist Office is available in the Privacy Policy and cookie policy of the OTCBM.
By accepting these terms and conditions of sale, the Client acknowledges having read the Privacy Policy and cookie policy of the OTCBM.
ARTICLE 16: PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE MEMBER
The Client acknowledges having received, prior to placing his order and concluding the contract, in a legible and understandable manner, these Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
- the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- the price of the Services and related ancillary fees (delivery, for example);
- in the absence of immediate performance of the contract, the date or time limit by which the seller undertakes to deliver the Services ordered;
- information relating to the identity of the seller, his postal, telephone and electronic coordinates, and his activities, if they do not result from the context,
- information relating to the warranties, legal and contractual, and their implementation modalities;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of recourse to conventional mediation in case of dispute;
- information relating to the right of withdrawal (existence, conditions, time limit, modalities of exercise of this right and model withdrawal form), to the modalities of termination and other important contractual conditions.
- the means of payment accepted.
The fact that a natural (or legal) person orders on the Tourist Office's site implies adherence and full and entire acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly acknowledged by the Client, who renounces, in particular, to prevail himself of any contradictory document, which would be unenforceable against the Tourist Office.
ARTICLE 17: MEDIATION
These provisions apply to Individual Members exclusively.
In case of litigation relating to these General Conditions, the Client has the possibility to resort free of charge to a consumer mediator in accordance with the articles L612-1 of the Consumer Code. The client may, prior to referring the matter to the competent court, resort to the mediation of tourism and travel (
In case of failure in the designation of the mediator or of the mediation itself, the most diligent party may seize the competent court according to the modalities of the article "Applicable law" below.
ARTICLE 18: APPLICABLE LAW
All the clauses contained in these general conditions of sale, as well as all the operations of purchase and sale which they concern, will be subject to French law.
ARTICLE 19: MANDATORY INFORMATION - TOURISM CODE
Article R211-3 Any offer and any sale of the services mentioned in Article L. 211-1 shall give rise to the provision of appropriate documents which comply with the rules defined in this section.
Article R211-3-1 The exchange of pre-contractual information or the provision of the contractual conditions is done in writing. They may be done electronically. The name or business name and address of the organizer or retailer are mentioned, as well as the indication of his registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R211-4 Prior to the conclusion of the contract, the organizer or retailer shall communicate to the traveler the following information:
1° The main characteristics of the travel services:
a) The destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stopovers and connections. Where the exact time is not yet fixed, the organizer or retailer shall inform the traveler of the approximate time of departure and return;
c) The location, main characteristics and, where appropriate, the tourist category of the accommodation in accordance with the rules of the country of destination;
d) The meals provided;
e) The visits, excursions or other services included in the total price agreed for the contract;
f) Where this is not apparent from the context, whether the travel services will be provided to the traveler as a member of a group and, where possible, the approximate size of the group;
g) Where the benefit of other tourist services provided to the traveler depends on effective oral communication, the language in which those services will be provided;
h) Information on whether the trip or vacation stay is, in general, suitable for persons with reduced mobility and, at the traveler's request, precise information on the suitability of the trip or vacation stay for the traveler's needs;
2° The business name and geographical address of the organizer and retailer, as well as their telephone and, where appropriate, electronic contact details;
3° The total price including taxes and, where applicable, all additional fees, charges or other costs, or, where these cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveler may still have to bear;
4° The arrangements for payment, including the amount or percentage of the price to be paid as a deposit and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveler;
5° The minimum number of persons required for the trip or stay and the time limit referred to in III of Article L. 211-14 before the start of the trip or stay for the possible resolution of the contract if that number is not reached;
6° Information of a general nature concerning the conditions applicable in terms of passports and visas, including the approximate time limit for obtaining visas, as well as information on health formalities, of the destination country;
7° A statement indicating that the traveler may terminate the contract at any time before the start of the trip or stay, subject to the payment of appropriate termination fees or, where applicable, standard termination fees required by the organizer or retailer, in accordance with I of Article L. 211-14;
8° Information on compulsory or optional insurance covering the costs of termination of the contract by the traveler or the cost of assistance, covering repatriation, in the event of accident, illness or death.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the organizer or retailer and the professional to whom the data are transmitted shall ensure that each of them provides, before the traveler is bound by a contract, the information listed in this article to the extent that it is relevant to the travel services they offer.
The form by which the information listed in this article is brought to the attention of the traveler is set by a joint order of the minister responsible for tourism and the minister responsible for the economy and finance. This order specifies the minimum information to be brought to the attention of the traveler when the contract is concluded by telephone.
Article R211-5 The information mentioned in 1°, 3°, 4°, 5° and 7° of Article R. 211-4 communicated to the traveler form part of the contract and may not be modified except in the conditions defined in Article L. 211-9.
Article R211-6 The contract shall include, in addition to the information defined in Article R. 211-4, the following information:
1° The special requirements of the traveler that the organizer or retailer has accepted;
2° A statement indicating that the organizer and the retailer are liable for the proper performance of all the travel services included in the contract pursuant to Article L. 211-16 and that they are obliged to provide assistance to the traveler if he is in difficulty pursuant to Article L. 211-17-1;
3° The name of the entity in charge of the protection against insolvency and its coordinates, including its geographical address;
4° The name, address, telephone number, electronic address and, where applicable, fax number of the local representative of the organizer or retailer, of a contact point or of another service through which the traveler may quickly contact the organizer or retailer and communicate with him efficiently, request assistance if the traveler is in difficulty or complain about any lack of conformity noted during the performance of the trip or stay;
5° A statement indicating that the traveler is obliged to communicate any lack of conformity that he notes during the performance of the trip or stay in accordance with II of Article L. 211-16;
6° Where minors, unaccompanied by a parent or another authorized person, are traveling on the basis of a contract including accommodation, information enabling direct contact to be established with the minor or the person responsible for the minor at the place of stay of the minor;
7° Information on the internal complaint handling procedures available and on the alternative dispute resolution mechanisms and, where appropriate, on the entity to which the professional is affiliated and on the online dispute resolution platform provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8° Information on the traveler's right to assign the contract to another traveler in accordance with Article L. 211-11.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the professional to whom the data are transmitted informs the organizer or retailer of the conclusion of the contract giving rise to the creation of a package. He provides him with the information necessary to enable him to fulfill his obligations as an organizer. As soon as the organizer or retailer is informed of the creation of a package, he provides the traveler, on a durable medium, with the information mentioned in 1° to 8°.
Article R211-7 The traveler may transfer his contract to a transferee who fulfills the same conditions as him to carry out the trip or stay, as long as this contract has produced no effect.
Unless more favorable to the transferor, the latter is obliged to inform the organizer or retailer of his decision by any means enabling him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. This transfer is not subject, in any case, to a prior authorization of the organizer or the retailer.
Article R211-8 Where the contract includes an express possibility of revision of the price, within the limits provided for in Article L. 211-12, it shall mention the precise methods of calculation, both upwards and downwards, of price variations, in particular the amount of transport costs and related taxes, the currency(ies) which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, as well as the exchange rate of the currency(ies) used as a reference when establishing the price shown in the contract.
In the event of a price reduction, the organizer or retailer has the right to deduct his actual administrative expenses from the refund due to the traveler. At the traveler's request, the organizer or retailer shall provide proof of these administrative expenses.
Article R211-9 Where, before the traveler's departure, the organizer or retailer is constrained to make a change to one of the essential elements of the contract, if he cannot satisfy the special requirements mentioned in 1° of Article R. 211-6, or in the event of a price increase exceeding 8 %, he shall inform the traveler as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium:
1° Of the proposed changes and, where applicable, their impact on the price of the trip or stay;
2° Of the reasonable period within which the traveler must communicate to the organizer or retailer his decision;
3° Of the consequences of the absence of a response from the traveler within the time limit set;
4° Where applicable, of the other service offered, as well as its price.
Where the modifications to the contract or the substitute service result in a lower quality of the trip or stay or its cost, the traveler is entitled to a price reduction appropriate to the situation.
If the contract is terminated and the traveler does not accept any other service, the organizer or retailer shall refund all payments made by the traveler or on his behalf, without prejudice to compensation under Article L. 211-17, as soon as possible and in any event within fourteen days of the termination of the contract.
Article R211-10 The organizer or retailer shall make the refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14, shall refund all payments made by the traveler or on his behalf less the appropriate cancellation fees. These refunds to the traveler shall be made as soon as possible and in any event within fourteen days of the termination of the contract.
In the case provided for in III of Article L. 211-14, the additional compensation that the traveler may receive is at least equal to the penalty that he would have incurred if the cancellation had been made by him on that date.
Article R211-11 The assistance due by the organizer or retailer under Article L. 211-17-1 consists in particular of:
1° Providing useful information on health services, local authorities and consular assistance;
2° Assisting the traveler in making long-distance communications and finding other travel services.
The organizer or retailer is entitled to charge a reasonable price for this assistance if this difficulty is intentionally caused by the traveler or by his negligence. The price charged shall in no case exceed the actual costs incurred by the organizer or retailer.
