TERMS OF SALE

(Applicable from (01/01/2015)


Article 1. Definitions

Terms and expressions identified by a capital letter shall have the following meaning:

  • “BWT” or “Provider”: refers to the company BWT, a simplified joint-stock company with share capital of €7,500, whose head office is located at 16 Place Meignan – 33530 BASSENS, registered with the Bordeaux Trade and Companies Register under number unique identification number 839 994 779 (SIRET n°839 994 779 00024; VAT FR09839994779), which can be reached by telephone on 05.64.10.10.04 or by email at the following address contact@bordeauxwinetrails.com.
  • “GTC”: refers to the general terms and conditions of sale.
    “Customer(s)”: refers to any Consumer or Non-professional who has concluded a distance sale with BWT.
  • “Contract”: means the whole formed by the SCS and the GTC.
  • “Consumer(s)”: means any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity.
  • “SCS”: refers to the special conditions of a sale.
  • “Non-professional(s)”: means any person who is not acting for professional purposes.
  • “Participant(s)”: means any person who participates in the Services provided by BWT.
  • “Professional(s)”: means any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf or on behalf of another professional.
  • “Service(s)”: designates all the services offered and provided by BWT.
  • “Website”: refers to bordeauxwinetrails.com.

 

Article 2. Scope: Consumers and Non-professionals

Placing an order for one of the Services offered by BWT implies prior acceptance of the GTC and, where applicable, the SCS.

The GTC are applicable, without restriction or reservation, to distance sales concluded between BWT and a Consumer or a Non-professional. In accordance with the regulations in effect, BWT reserves the right to derogate from certain clauses, depending on the negotiations carried out with the Customers by the SCS establishment.

The GTC apply to the exclusion of all other conditions, and in particular those applicable to Professionals or to the conclusion of sales by means of other Services marketing channels.

They are accessible at any time on the BWT website and communicated to all Customers and Participants prior to placing an order. The Customer declares to have read the GTC before placing their order and to have transmitted the GTC to the Participants on whose behalf it contracts, and acknowledges that the validation of their order implies acceptance without restriction or reservation of the GTC by them and by the Participants for whom it contracts and for which is binding.

The applicable version of the GTC is the one in effect on the BWT website on the date the order is placed. The GTC may be modified at any time and without notice by BWT, the modifications then being applicable to all subsequent orders.

The GTC shall prevail, where applicable, over any other version or any other contradictory document (prospectus, commercial documents, etc.).

For any additional information, the Customer or the Participant can contact BWT’s customer relations department by email at the following address: www.bordeauxwinetrails.com and/or by telephone at 05.64.10.10.04 (normal cost of a call).

The Client declares to be of legal age and to have the legal capacity required to contract and acquire the Services offered by BWT.

Article 3. Services

3.1. Description of Services

The Services, and their main characteristics, offered for sale by BWT are those that appear on the BWT Website, on the day the Customer consults the Website. The Customer is required to read it before placing an order by referring to the description of each Service.

BWT undertakes to perform the Services ordered on the internet on the scheduled day and under the conditions provided for in the commercial offer approved by the Customer.

3.2. Changes to the Services

Any request for modification of the Services in relation to the order placed must be sent in writing to BWT, 16 Place Meignan – 33530 BASSENS.

Given the nature of the visits offered, changes to the program of the Services offered (itinerary, vehicle, etc.) may occur. The Participants cannot under any circumstances claim reimbursement or compensation in the event of a non-substantial change.

Article 4. Order of Services by quote (private tours / city breaks)

4.1. Communication of the GTC

After placing an order for certain Services with BWT, the Service Provider sends an estimate to the Customer mentioning in particular the detailed description of the Services ordered, the price of these Services and the terms of payment.
The GTC are sent to the Customer at the same time as the quote, to enable them to place their order.
In the event of a contradiction between the provisions appearing in the estimate signed by the Customer and those appearing in these GTC, the provisions of the estimate alone are applicable.

4.2. Payment terms

 Full payment is required to confirm the booking . Payment of a deposit of 50% of the price is available and due upon acceptance of the quote only for group bigger than 8 people or if the total price is higher than 2500 EUR. The balance of the price of the Services ordered must be paid 15 days before the date of the provision of the Services. No payment on site is accepted.

Any order placed less than 15 days from the date of the provision of the Services must be paid for in full at the time of acceptance of the quote.

Orders established on estimate are payable by credit card or bank transfer.

 

4.3. Acceptance of the quote and validation of the order

The Customer has the possibility of checking the details of their order, its total price and correcting any errors before confirming their acceptance. It is the  Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.

The Customer’s order is definitively registered by BWT upon email confirmation sent to BWT. Then, the sale will only be considered final after sending to the Customer confirmation of the acceptance of the order by the Service Provider, by e-mail, and after receipt by the latter of the deposit or the full price provided for by the banking service.
 
Article 5. Orders for Services on the Website (small group tours & workshops)

5.1. Communication of the GTC

The GTC are accessible at any time on the BWT Website.

5.2. Payment terms

The price is due in full at the time of validation of the order on the Website. No payment on site is accepted.

Orders made on the Website are payable only by credit card. The Website is equipped with an online payment security system that encrypts the transmission of bank data.

5.3. Acceptance of the quote and validation of the order

After placing an order for certain Services via the BWT Website, the Customer has the option of checking the details of their order, its total price and correcting any errors before   confirming their acceptance. It is the Customer’s responsibility to verify the accuracy of the   order and to immediately report any errors.

The Customer’s order is definitively recorded by BWT when the Customer has accepted these GTC by ticking the box provided for this purpose and has validated their order.

Then, the sale will only be considered final after sending to the Customer confirmation of the acceptance of the order by the Service Provider, sent by e-mail, and after confirmation of payment of the full price by the banking service.

Article 6. Refusal of orders and cancellation of Services

Cancellations, of all or part of the initial reservation, must be sent by email to the following address: contact@bordeauxwinetrails.com.
In the case of a partial cancellation, the pro-rata rule will be applied to the cancellation conditions below.

6.1. Refusal of orders

BWT reserves the right to refuse an order that appears abnormal or fraudulent given its payment terms, quantities or information sent to BWT.

6.2. Cancellation by the Customer (private tours)

In the event of cancellation of the order by the Customer established on the basis of an  estimate after its acceptance by BWT:

  • More than 30 days before the scheduled date for the provision of the Services, the deposit or the full price that has been paid will be fully reimbursed to the Client for a fee of €50 per Participant as compensation and subject to the payment of any commissions or bank charges if applicable.
  • Between 30 and 8 days before the scheduled date for the provision of the Services, the price will be partially reimbursed up to 80% of the total amount of the Services and automatically acquired by BWT up to 20% of the total amount of the Services as compensation.
  • Between 7 and 3 days before the scheduled date for the provision of the Services, the price will be partially reimbursed up to 50% of the total amount of the Services and automatically acquired by BWT up to 50% of the total amount of the Services as compensation.

Less than 3 days before the scheduled date for the provision of the Services, the total price of the Services will be automatically acquired by BWT and does not give rise to any fund.

  • 6.3. Cancellation by the Customer (small group tours & workshops)

    In the event of cancellation by the Customer of the order placed on the Website after its acceptance by BWT:
  • More than 24 hours before the scheduled date for the provision of the Services, the price will be fully refunded to the Customer, free of charge.
  • Less than 24 hours before the scheduled date for the provision of the Services, the price will automatically be acquired by BWT and cannot give rise to any reimbursement.


In the event of the Participant not showing up on the date scheduled for the provision of the Services, for any reason whatsoever except in cases of force majeure, the total price of the Services will be automatically acquired by BWT and cannot give rise to any reimbursement.

Bank charges may apply if the refund is made to a bank account outside the European Union by transfer.

 

3. Cancellation by BWT

BWT reserves the right to cancel the provision of Services booked 48 hours in advance if:

  • The safety or interest of the participants so requires
  • The weather conditions do not allow the Services to be provided under suitable conditions.

In these cases, BWT undertakes to reimburse Customers for all sums paid.

In the event of interruption of the provision of Services after it has started, BWT undertakes to reimburse all or part of the amount paid, in proportion to the performed part of the service.

The refund will be made within 30 days of the cancellation.

BWT reserves the right to prohibit access to the provision of Services reserved for any Participant who is obviously in a state of drunkenness, under the influence of narcotics, or whose behavior is obviously violent and threatens the safety of other Participants, without this Participant being able to claim any reimbursement for the Services ordered.

BWT reserves the right to interrupt the service in progress if the driver or guide notices that a Customer is committing an offense making it necessary to stop the service, for example, the use of narcotics, but also if the behavior Customers jeopardizes the safety of the driver or that of the rented vehicles, but also if the Customers are insulting to the driver.

Article 7. Price

Prices are expressed in Euros and include VAT.

BWT reserves the right to modify its prices at any time but undertakes the application of prices in effect appearing on the Website www.bordeauxwinetrails.com or on the estimate sent to the Customer, at the time of registration of the order of the Customer.

The price includes all the services included in the programs detailed in the description of the Services. In general, all personal expenses are excluded, in particular personal purchases on site such as wine purchases (unless otherwise stated in the program).


The price promotions communicated in the press, offered by email to Customers subscribed to the newsletter or published by the various partners, valid over an indicated period, may not be applied for orders placed on the Website, unless stated otherwise.

The price indicated in the order confirmation by BWT is the final price.

An invoice is drawn up by BWT and provided to the Customer.

 

Article 8. Methods of payment

8.1. Payments

Payments made by the Customer will only be considered final after effective collection of   the sums due by the Service Provider.

8.2. Secure payment methods

Services are payable by:

  • Bank card (Visa, MasterCard, American Express): no banking information concerning Customers is transmitted via the BWT site.
  • Bank transfer (all exchange fees and bank charges are the responsibility of the Client) to the following account:
    ◦ Account: BWT SAS
            ◦ Bank: CMSO
            ◦ Agency: Barrière Médoc – Boulevard du Président Wilson – 33000 Bordeaux – France
            ◦ IBAN: FR76 1558 9335 5507 5060
            ◦ BIC: CMBRFR2BARK

3. Late or non-payment

In the event of late payment of sums owed by the Customer beyond the time limit set above, late payment penalties will be automatically applied and calculated on the amount including tax of the sum remaining due from the due date until on the day of actual payment at a rate of 10%, without any formality or prior formal notice.

In addition, any late payment automatically entails the application of a fixed indemnity of forty (40) Euros, without prejudice to late payment penalties.

BWT reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.

BWT reserves the right to refuse any order from a Customer who has not fully or partially paid for a previous order or with whom there is a dispute relating to payment for a previous order.

BWT reserves the right to refuse an order that appears abnormal or fraudulent given its terms of payment, quantities, information transmitted to BWT.

Article 9. Conditions precedent

In the event that the Customer reserves a tour or service whose completion is subject to a minimum number of Participants, their reservation is concluded under the condition precedent that this minimum number of Participants is reached. Consequently, if BWT informs the Customer that this minimum number has not been reached, BWT will be deemed never to have contracted with the Customer. The sums paid by the Customer will then be reimbursed in full.

Article 10. Minors

Minors over 12 years old are only accepted in the presence of a responsible adult.

Article 11. Insurance

Unless expressly stated, no insurance is included in the prices offered.

BWT nevertheless recommends applying for insurance with your insurance company at the time of your order, covering the following risks:
    • cancellation
    • repatriation and flight assistance
    • loss or destruction of baggage
    • legal assistance
    • bodily injury and repatriation
    • an unforeseen event such as a weather hazard, terrorist attack, epidemic or pandemic
    • linked to the practice of cycling and covering the civil liability of each Participant

Article 12. Right of withdrawal

Under Article L 221-28 of the Consumer Code:
“The right of withdrawal cannot be exercised for contracts:
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;”.

Given the nature of the services provided, pursuant to Article L 221-28, 12° mentioned above, orders placed by the Customer do not benefit from the right of withdrawal.

The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the methods specified in these GTC.

 

Article 13. Liability

13.1. Responsibility of BWT

BWT cannot be held responsible for the non-performance of the contract concluded in the event of force majeure (strikes, weather conditions, attacks, riots, etc.) as defined in article 1218 of the Civil Code and in the event of fault on the part of the Customer.

BWT SAS cannot under any circumstances be held responsible for delays in transport times due to circumstances beyond its control: roadworks or construction, traffic jams, etc.

In the event of immobilization of the vehicle during the journey due to a mechanical failure, an accident or damage (theft, degradation), BWT will endeavor to ensure the continuity of the journey, either with one of its vehicles, or with a vehicle chartered from another company and undertakes the notification of all Participants.

The BWT Website may include links to websites or other internet sources. BWT, not having control of these sites and these external sources, cannot be held responsible for the provision of these sites and external sources and declines all responsibility concerning the content, advertising, products, services and any other element available on them. In addition, BWT cannot be held responsible for any damage or loss, proven or alleged, resulting from or in connection with access, use or the fact of having trusted the content, goods or services available on these external sites or sources.

 

13.2. Individual liability of Participants

The choice and purchase of a Service is the sole responsibility of the Customer. The Service Provider cannot be held liable if there appears to be non-substantial differences between the  presentation of the Services on the website (photos, descriptions) and the Service offered to the Customer.

All tours leave precisely at the scheduled departure time. The Participant must arrive 10 minutes before the scheduled departure to avoid missing your tour.

It is up to each Participant to adapt their alcohol consumption according to their physiological characteristics, and possibly the conditions they may be suffering from or the medical treatments to which they are subjected.

BWT recalls that the consumption of alcohol is strongly discouraged for pregnant women and that, in general, alcohol abuse is dangerous for your health and should be consumed in moderation.

The responsibility of the drivers engaged during the rental period of the vehicle, are instructed to respect and enforce the laws in effect. Under no circumstances may the Customer demand that the driver exceed the authorized speed limit or commit violations of   the Highway Code.

 

Article 14. Rules of decorum and safety

The vehicle and the driver are equipped with the on-board documents necessary for the smooth running of the entire service.

Seat belts must be worn in the front as well as in the back.

In accordance with the law in effect in all public places, it is strictly forbidden to smoke on board our vehicles. It is forbidden to consume alcoholic beverages on board our vehicles.

 

Article 15. Complaints

 Any possible complaint must be made by the Client or the Participant to BWT:

  • By registered letter with acknowledgment of receipt addressed to BWT, 16 place Meignan – 33530 BASSENS;
  • By email by completing the contact form or at the following address: contact@bordeauxwinetrails.com.

 

 Article 16. Bicycles

In case of bike rental the following rules apply:

The Customer must check the equipment upon receipt and immediately report any visible problem to BWT.


 The Customer undertakes to do everything possible to avoid the theft or damage to the rented bike.


Whatever the duration of parking the bike, it is attached to a fixed point using the lock provided.


In the event of a technical failure of the bike during the course of the contract, the user cannot initiate repair work on their own initiative. They are required to inform BWT and return the rented bike there if possible.

 

In the event of theft, the Customer must prove to BWT, within 24 hours after the theft, that a complaint has been filed within 24 hours at a local police station.

 

The rented equipment remains the exclusive property of BWT for the duration of the rental period. The Customer may not sublet them to a third party.

 

The Customer undertakes to be able to ride a bike on public roads in such a way as not to constitute a danger for themselves and for others, to ride in accordance with the highway code and to not obstruct traffic.

 

Wearing a helmet during guided bike tours is not compulsory but will be offered to the costumer by the guide.

 

If for any reason the helmet is not worn, BWT disclaims all liability in the event of an accident.

 

The Customer also undertakes to respect the safety rules established by the organizer.

 

They waive the right to assert any claim, of whatever nature, against BWT in the event of non-compliance with these safety rules. This concerns in particular cases of accidents, injuries and damage caused to electric bikes occurring during their participation in this day.

 

The customer declares that they have no ineptitude, incapacity or physical contraindication to the sporting practice of cycling.

 

The Customer is informed that it is their responsibility to personally apply for civil liability   insurance covering the use of said bike both against themselves and third parties.

BWT cannot be held liable in the event of a lack of such insurance.
 

The Customer undertakes to return the bike in good working order. They are responsible in the event of voluntary damage to the bike that they may cause.
 
They are personally liable for damages and breakages suffered by the goods rented.

The damage suffered by the rented goods will be invoiced to the Participant according to the rate in effect at the time of returning the bike (rates can be consulted in our vehicles).

 

Article 17. Intellectual property

The content of the BWT website is its property and is protected by French and international   laws relating to intellectual property.

 Any total or partial reproduction of this Site or its content (general structure, texts, sounds, logos, animated images or not), by any means whatsoever, is strictly prohibited and is likely to constitute a counterfeiting offense.

 Article 18. Image rights

BWT informs Customers and Participants that photos may be taken during the provision of    Services for a fee.

By accepting these GTC, Clients and Participants expressly consent to being photographed by the operator, as part of the performance of the Services provided by BWT, and authorize   BWT to reproduce and distribute, directly or through third parties, on a non-exclusive basis and for the whole world, the photographs representing them as well as to use these photos, in part or in whole, in any form and on any medium, including in the context of commercial exploitation. More specifically, these photos will be used by BWT for promotional purposes, in the same way as written feedback from Customers and Participants following a service provided with BWT, by being published on the Website and social networks (Facebook &  Instagram).

This authorization to use the images of Clients and Participants is valid for 2 years from the acceptance of these GTC and is granted free of charge.

Any person may oppose the use of their image and the cessation of use of their image by notifying BWT.

Article 19. Processing of personal data

In application of law 78-17 of January 6, 1978 amended by law n ° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of their order and the establishment of invoices, notably. This data may be communicated to any BWT partners responsible for the execution, processing, management and payment of orders.

The personal data collected is subject to processing, the manager of which is BWT, a simplified joint-stock company whose head office is located at 16 Place Meignan – 33530 BASSENS, registered in the Bordeaux Trade and Companies Register. under the number 839 994 779.

To find out how your personal data is processed (purposes, recipients, retention period, etc.) by BWT, to be informed of your rights to this data, we invite you to consult our privacy policy.

In accordance with the applicable regulations on personal data, you have a right of access, rectification, opposition, limitation of processing, erasure and portability of your data which you can exercise by email to contact@bordeauxwinetrails.com or by post to BWT, 16 Place Meignan – 33530 BASSENS, specifying your surname, first name, address and attaching a copy of both sides of your personal identity document.

In the event of difficulty in connection with the management of your personal data, you can send a complaint to contact@bordeauxwinetrails.com or by post to BWT, 16 Place Meignan – 33530 BASSENS, or to the CNIL or any other competent authority.

 

 Article 20. Autonomy of clauses and severability

If one or more stipulations of the GTC were declared void pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope, to the extent permitted by that decision.

In addition, the fact for a party not to avail itself of a breach by the other party of any of the   provisions of the GTC cannot be interpreted as a waiver on its part to avail itself in the future of such a failure.

 Article 21. Applicable law – Language

 The GTC and the resulting operations are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 22. Disputes

If a disagreement or dispute exists despite all the care taken in the performance of its    obligations by BWT, the Customer is invited to write to BWT to try to resolve this difficulty by indicating the references of their order, the reasons for their dispute and their requests.

In accordance with Article L. 211-3 of the Consumer Code, the Customer is informed of     their possibility of having recourse, in the event of a dispute, to the consumer mediation   procedure or to any other alternative method of dispute resolution. It is recalled that under    the terms of articles L. 611-1 and following of the Consumer Code, the consumer has the   right (this is not an obligation) to have free recourse to a consumer mediator with a view to resolving amicable dispute.

 The consumer mediator appointed by BWT is: CM2C, 14 rue Saint Jean – 75017 PARIS, website: https://www.cm2c.net/.

All disputes relating to the validity, interpretation, execution, termination of these clauses or their consequences will be submitted to the competent courts under the conditions of common law.

 Article 23. Opposition to cold calling

We inform you that you have the possibility of registering free of charge on a list of   opposition to telephone canvassing, in accordance with articles L. 223-1 and following of the Consumer Code, in order to no longer be canvassed by telephone by any professional with whom you do not have an ongoing contractual relationship.