Excursions Terms of Sales
This English version is provided for informational purposes to facilitate understanding for non-French-speaking clients. It may not be relied upon to challenge or modify the terms of the contract. Its sole purpose is to assist in reading and interpreting the General Terms and Conditions of Sale in French.
These General Terms and Conditions of Sale concern the sale of excursions and activities lasting less than or equal to one day, sold online by the SARL THF under the COGNAC TASTING TOUR brand, hereinafter “the Seller”.
1. Designation of the Seller
COGNAC TASTING TOUR is a word trademark registered with the French body INPI under number 3907526 on March 23, 2012, This trademark, operated by SARL THF, is the property of its manager, Mr. Jean-Luc MONTEMBAULT.
SARL THF, with a capital of 7.500,00 €, is headquartered 7 rue Grimard, 17520 Jarnac-Champagne, FRANCE, is registered with the French Register of Commerce and Companies under the number 480 764 174, Code APE 7911Z, with the intra-community VAT number FR19 480 764 174.
The SARL THF is a travel agent registered in the Registry of the Operators of Travels and Stays managed by ATOUT FRANCE under the number IM016110010. Its financial guarantor is the APST – 15 avenue Carnot, 75017 Paris, France, and its insurer is HISCOX SA – 38 avenue de l’Opera, 75002 Paris, France.
For any information, question or advice, the Customer Service of the seller can be contacted:
– By post-mail address: SARL T H F, 7 rue Grimard, 17520 Jarnac-Champagne, FRANCE
– by telephone: +33 545 808 038
– by e-mail: contact @ cognac-tasting-tour.fr
2. General Terms and Conditions of sale
2.1. Object of the General Terms and Conditions of Sale (hereinafter, GTC)
These GTC are exclusively applicable to online sales of :
• Excursions and activities lasting less than or equal to one day, reserved for a specific date,
• Gift vouchers for excursions and activities
presented by the Seller on his Website with free access to all internet users.
The effective ordering of excursions and activities of the Seller, or corresponding gift vouchers, is open to any user respecting the General Conditions of Use of the Website.
Online ordering arrangements are defined and detailed in Article 6 of these GTC.
2.2. Field of application of GTC
GTC exclusively governs the sales contracts between the Seller, a professional sales body, and the buyers having the quality of consumers, hereinafter “the Customer”, and constitute, with the summary of order, the contractual documents enforceable to the parties, with the exclusion of all other documents, website pages, prospectuses, catalogs, promotional mailings, press announcements, or photographs of services that are only indicative.
GTC also applies to all persons participating in the excursions and activities, hereinafter “the Participant”, for whom the Customer has purchased the services subject of the contract.
GTC and all the contractual information mentioned on the Website are a translation of official GTC written in French. In case of dispute it is GTC written in French that prevail.
2.3. Availability and Enforceability of GTC
The Terms and Conditions are made available to the Customer and the Participant on the Seller’s Website where they are directly available and can also be communicated to them on request by telephone, e-mail or post.
GTC are enforceable to the Customer who recognizes, by checking a box provided for this purpose, to have known and accepted them before placing an order, that these services are purchased for himself or any other Participant.
The validation of the order by its confirmation, within the meaning of article 6.1.2 of present GTC, is worth adherence by the Customer to GTC in force on the day of the order whose conservation and the reproduction are ensured by the professional salesman in accordance with Article 1369-4 of the French Civil Code.
Any contrary condition posed by the Customer will be, in the absence of prior and express acceptance of the Seller, unenforceable to the latter, regardless of when it may have been brought to his attention.
2.4. Modification of GTC
The Seller reserves the right to modify GTC at any time.
In case of modification of GTC, the applicable GTC are those in force on the date of the order of which a copy dated to date can be given at his request to the Customer.
2.5. Terms of GTC
The nullity of a contractual clause does not entail the nullity of the GSC unless it is an impulsive and decisive clause that has led one of the parties to conclude the contract of sale.
The fact that the Seller does not prevail himself at a given moment of any of these GTC can not be interpreted as waiving the right to use these GTC later.
The temporary or permanent non-application of one or more clauses of GTC by the Seller can not also be considered as a waiver by the Seller of the other clauses of GTC that continue to have effect.
3. Sold services: excursions and activities
The excursions and activities offered for sale presented on the Website are each the subject of a description prepared by the Seller, mentioning their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.
These excursions and activities are offered subject to availability. Each commercial offer is accompanied by a description prepared by the Seller. Prices are inclusive of VAT and include all the services mentioned.
Some visits and activities included in excursions and activities offered for sale may include one or more tastings. The Seller reminds the Customer that “Alcohol abuse is dangerous for health. Alcohol has to be consumed with moderation “.
Excursions and activities are operated in English or French.
The photographs illustrating the excursions and activities have, considering the nature of the services proposed, only an illustrative function and do not constitute a contractual document.
4. Price
4.1. Selling price
The selling prices, in accordance with Article L. 113-3 of the French Consumer Code, are indicated, for each of the excursions and activities appearing on the Website, in Euros all taxes included.
The total amount due by the Customer is indicated on the order confirmation page before final confirmation of it.
The selling price of the excursions and activities is the one in force on the day of the order, as displayed on the Website.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the duration of the promotion.
4.2. Price changes
the Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
5. Offer
5.1. Scope of application
Excursions and activities offered on the Website may be exclusive and differ from other offers sold in catalogs, promotional mailings, other websites or by phone.
Offers in catalogs, mailings or other websites may be unavailable on the Website.
5.2. duration
Excursions and activities presented on the Website are valid within the limits of available places and except indication of specific duration.
5.3. Acceptance
The acceptance of the offer to the Customer is validated after his confirmation of the contents of the cart and after his acceptance of GTC submitted to him.
6. Order
6.1. Steps to conclude the contract
To place an order, the Customer, after having filled his virtual cart indicating the excursions and activities selected, the dates chosen, the desired quantities, completes and validates his order and provides the information relating to the method of payment.
The Customer makes the online payment of his order by credit card, by means of a secure payment.
6.1.1 Selection of excursions and activities and constitution of the cart
The Customer has only to select the excursions and activities of his choice, indicating the quantity (number of participants). The selected services are grouped in the form of a virtual cart.
To select the item of his choice, the Customer simply has to “Add to Cart”. He can consult his cart at any time during the ordering process.
The Customer can then change the quantities chosen, the dates chosen, delete a selected service or continue shopping. At any time before final validation, the amount of the cart can be modified and updated.
6.1.2 Cart validation and order confirmation
To validate his cart, the Customer will have to “Validate and Pay”. This payment intention generates a chain of collection of information necessary for the completion of the order.
The Customer will be asked to provide:
- – Their surname
- – Their first name
- – Their country
- – Their email address
- – Their phone number
- – Their departure and return locations (if applicable)
This information is collected in accordance with the confidentiality policy applied by the Seller and for the sole purpose of making of the contract and its execution.
It is expressly stated that the order will not succeed if the e-mail address provided is invalid or inoperative.
The communication of the valid e-mail address is under the sole responsibility of the Customer who can not seek the Seller’s liability in the event of failure to complete the order due to the transmission of an invalid or ineffective e-mail address, for each of the orders placed on the Website.
Where appropriate, the Customer is invited to mention the references of a promotional code that he may have.
Before confirming his order definitively, the Customer is invited to read and expressly accept these GTC.
The confirmation of the order entails formal acceptance of GTC and legally forms the contract on the basis of the present.
An e-mail acknowledging receipt of the order and its payment is sent by the Seller as soon as possible. The Customer accepts this way of sending information provided for in Articles L 121-18 and L 121-18-1 of the French Consumer Code. He is invited to keep a printable soft copy.
In accordance with the provisions of Articles L 121-18 and L 121-18-1 of the French Consumer Code, this e-mail contains information about his identity provided by the customer, the details of his order, the price paid and, in accordance with the provisions of article L121-19-2 of the French Consumer Code, terms and conditions for the performance of services ordered.
The Seller’s order registration systems are proof of the date and the content of the order, subject to subsequent verification by his services of the conformity of the order to the offer on the Website at the time of the latter.
6.2. Order modification
Any modification after confirmation of order by the Customer is subject to the acceptance of the Seller.
6.3. Confirmation of the order
The Seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities ordered exceed the number of places available for each of the excursions and activities offered for sale.
The Seller also reserves the right to modify the program of the places visited, being dependent on the availability and cancellations of his service providers. In this case, the services initially scheduled will be replaced by equivalent services.
7. Special conditions of gift vouchers
In the event that the Customer is not the beneficiary of the gift voucher, he is invited to inform the beneficiary, the Participant, of these GTC.
The gift voucher with its unique number given to the Consumer entitles the Participant to the excursion or the activity proposed in the description.
It is the responsibility of the Participant to check with the Seller for any limitations (age, size, disability, access …) or restrictions related to the practice of the proposed excursion or activity.
Under these conditions, the Consumer or the Participant will not be able to claim any refund and will have to get closer to the Seller to obtain, if possible, the replacement of the gift voucher with a similar offer.
In any case, the Seller can not be held liable for any damage or loss that may occur before, during or after the performance of the chosen excursion or activity.
7.1. None use of the gift voucher
Any unused gift voucher by the Consumer or the Participant for any reason whatsoever will not give rise to any refund. It will be considered void and non-refundable if its validity date is exceeded.
7.2. Use of gift vouchers
Gift vouchers with their unique number are the means of payment of the Participant to the Seller.
The delivery of the service is subject to the applicable provisions (availability, place of departure …) to the excursion or activity corresponding to the gift voucher for the period requested.
For gift vouchers, the Website is initially an online sales tool.
It is then up to the Participant to reserve on the Website the final date of the excursion or activity corresponding to the gift voucher, by entering the unique number as a means of payment.
Otherwise, the Participant may contact the Customer Service of the Seller.
The reservation on a given date then gives rise to the formation of a contract directly between the Participant, who owns the gift voucher, and the Seller.
No liability of the Seller will be accepted in case of loss, theft or fraudulent use of the voucher. It will be considered void if it is damaged or defective in any way.
7.3. Gift voucher Scheme – Value Added Tax
The Customer is informed that gift vouchers are considered as means of payment. As such, they are exempt from the Value Added Tax (VAT) according to the basis of Article 261-C of the French General Tax Code.
It is therefore specified that the public sale price of a gift voucher corresponds exactly to the face value of the excursion or the activity concerned.
8. Contract
8.1. Conclusion
The sales contract is formed at the time of the sending by the Customer of the confirmation of his order, within the meaning of article 6.1.2 hereof.
8.2. Archiving and proof
The archiving of online transactions, “order summaries” and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the French Civil Code.
These communications, order summaries and invoices can be produced as proof of the contract.
8.3. Assignment of the contract
The Customer may assign their contract to an assignee who fulfills the same conditions as him to carry out the excursion or the activity. In this case, the Customer is required to inform the Seller of his decision by e-mail no later than 2 days before the start of the excursion or activity. The assignment of the contract must be done at cost price. The assignor and the assignee are jointly and severally liable towards the Seller, the payment of the balance of the price and any additional costs occasioned by such assignment.
This provision has no effect on the gift voucher which may be used by any person with the reservation number on the gift voucher.
8.4. Cancellation of the contract by the Customer
8.4.1 Cancellation of an excursion or an activity reserved for a specific date
Given the nature of the services offered by the Seller, the Customer does not have the 14-day withdrawal right provided for in Article L. 121-21-8 / 12 ° of the French Consumer Code: “The right of withdrawal can not be exercised for contracts (…) for the provision of accommodation services, other residential accommodation, goods transportation services, car rental, catering or leisure activities that must be provided on a specified date or period. “
For any cancellation made by the Customer of an excursion or an activity booked on a specific date, the amount retained by the Customer Service of the Seller will be as follows:
From the signature of the contract to 21 days of departure: 50%
Less than 21 days before departure: 100%
unless expressly specified otherwise at the time of booking.
8.4.2 Cancellation of a gift voucher
The right of withdrawal of 14 days provided for in Article L. 121-21-8 / 12 ° of the French Consumer Code applies to the purchase of a gift voucher.
For any cancellation by the Customer of a gift voucher, the amount retained by the Customer Service of the Seller will be as follows:
From the signature of the contract to 14 days after this date: 0%
Beyond 14 days after the date of signing the contract: 100%
unless expressly specified otherwise at the time of booking.
In the particular case where the Customer, or the Participant, has used during the 14-day withdrawal period the gift voucher to proceed to a booking of the excursion or activity on a specific date, the booking has given rise formation of a new contract, as provided for in Article 7.2. The gift voucher is then used as a means of payment and 100% of the amount is retained by the Customer Service of the Seller.
8.4.3 No-show of the Participant on the day of the reserved excursion or activity
It is expressly stated that in case of no-show of the Participant on the day of the realization of the ordered excursion or activity, without his reservation having been the subject of a cancellation beforehand under the conditions stated above, the Seller will retain, as lump sum compensation, the payment made by the Customer on the day of the order. This regulation compensate the damage related to the exposure of the costs necessary for the performance of the reserved excursion or activity.
8.4.4 Treatment of the cancellation request
Any cancellation must be notified by sending an e-mail to the address [email protected].
The Seller undertakes to process the Customer’s right to cancel within 14 days of the date on which the request was received and exercised, in accordance with the conditions set out in articles 8.4.1 to 8.4.3 above.
The refund to the Customer of the amount due will then be made by the Seller by bank transfer at the latest within 14 days following the date of receipt of the bank details provided by the Customer.
9. Payment
9.1. Payment terms
The price is due in full after confirmation of the order.
9.2. Securing payment
The Website allows the Customer to place and validate his order online by paying by credit card.
The Website is equipped with an online payment security system enabling the Customer to encrypt the transmission of his bank details.
10. Execution of the services ordered
The Seller undertakes to carry out the excursions and activities ordered on the Internet on the day specified in the commercial offer approved by the Customer.
The visits and other services included in the ordered excursion or activity are executed according to the description presented and accepted by the Customer during the validation of his order.
Any possible claim must be made by the Customer or the Participant to the Seller on the day of performance of services or, if it is a public holiday, no later than the first working day following this one.
The Consumer must send any complaint to the Customer Service of the Seller:
– by e-mail addressed to: contact @ cognac-tasting-tour.fr
or, where appropriate,
– by post-mail addressed to: COGNAC TASTING TOUR, 7 rue Grimard, 17520 Jarnac-Champagne, FRANCE.
11. Liability
11.1. Disclaimer
The Seller’s liability can not be incurred in the event of non-performance or improper performance of the contract due either by the Customer, the Participant, or the insurmountable and unforeseeable fact of a third party to the contract, or because of a case of force major.
Force Majeure is any event external to the parties that is both unpredictable and insurmountable and which prevents either the Customer, the Participant, the Seller or the Seller’s service providers involved in carrying out the excursion or the activity, to perform all or part of the obligations under the contract. This will be the case with regard to disturbances on the roads, total or partial strike of the means of transport, means of communication, hotel staff, air traffic controllers, insurrection, riot, any prohibition or restriction issued by the governmental or public authorities, climatic, geographical, health or political conditions.
In addition, the Seller endeavors to ensure to the best of his ability the accuracy and updating of the information published on the Website which he reserves the right to correct, at any time and without notice, the content of his excursions and activities.
The photographs of the excursions and activities have only an illustrative vocation, are not contractual and can not engage the liability of the Seller.
Finally, it is recalled that, when placing an order, the Customer must provide a valid e-mail address. The communication of this address is under the sole responsibility of the Customer who can not seek the liability of the Seller in case of failure to complete the order due to the transmission of an invalid or inoperative e-mail address for each order made on the Website.
11.2. Penalty clause
In all cases of non-performance by the Customer or the Participant of their obligations, the payment paid to the order remains acquired by the Seller as compensation.
11.3. Individual liability
The Seller reserves the right to refuse any Participant who does not respect the conditions of participation provided for in the contract.
The Seller reserves the right to interrupt the excursion or the activity in progress in the event of damage (vehicle, vineyards, etc.), of an offense committed by the Participant (for example use of narcotics), or if his behavior endangers the safety of the staff of the Seller or the staff of his service providers, or the one of any other participants.
In such a case, the Seller reserves the right to request repairs from the Consumer or the Participant.
The Seller declines any liability in case of drunkenness of a Participant intervened before, during or after the realization of the excursion or the activity, whatever the reason. In such a case, the Seller can not be held liable if the Participant decides nevertheless to drive after the excursion or the activity in which he participated.
The Seller asks prospective drivers participating in excursions and activities not to ingest alcohol.
It is reminded that a spittoon is available systematically during tastings of alcoholic products such as spirits, wines, liquors, beers.
12. Termination clause
As stated in article 6.3 hereof, the Seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities ordered exceed the number of places available for each of the excursions and activities on sale.
Moreover, and for legitimate reasons of impediment comparable to the force majeure or to the fact of a third party, in particular in the event of dangerous climatic conditions, mechanical failure of the vehicle, impromptu illness of the guide, etc., the Seller undertakes to fully reimburse the Customer for the cost of the services ordered.
The resolution of the order in the cases provided for in article 6.3 of these GTC will be notified to the Customer by e-mail as soon as possible and the refund of the payment to be made diligently.
13. Intellectual property
The Seller has the exclusive rights to use the word mark COGNAC TASTING TOUR, registered with the French body INPI under the number 3907526 since March 23, 2012. The Seller is also the Publisher of the Website.
The elements reproduced on the Website, in particular the contents, the structure, the texts, the logo, the mark, the photos, the animated or not images as well as all other element composing this Website are the exclusive property of the Seller, and are protected by copyright, and trademark law.
Any total or partial reproduction or representation of the Website or dissemination of these elements, without prior written permission of the Publisher, on an electronic medium or any other medium, any extraction of the database by any process whatsoever, without the express permission of the Publisher is strictly prohibited. Violation of these provisions subjects the offender to legal action.
14. Personal data
The personal data of the Customer and the Participant collected during the placing of the order are subject to computer processing in the conditions provided by the Privacy Policy applied by the Seller and as detailed in the Terms of Use of the Website.
15. Specific risks related to computer networks
The Customer declares that he knows and accepts the characteristics of computer and telecommunications networks.
He recognizes and accepts the clauses of discharge of liability stipulated for the benefit of the Seller within the General Conditions of Use of the Website.
The Seller has no control whatsoever over the nature or characteristics of the data that may pass through his hosting server.
Consequently, the Seller does not assume any liability for the services accessible by Internet and in particular for any direct or indirect damage, whatever the causes, origins, natures or consequences, caused by the access of anyone to the Website or the impossibility of accessing it, of the use of the Website and / or the credit given to any information coming directly or indirectly from the latter.
The Website may contain links to other websites that are not operated by the Seller. The Website may, without the knowledge of the Seller, have been linked to other websites via hypermedia links. The Seller declines any liability for the information presented on these other websites. The Seller is not liable for the content, security or privacy practices of other websites and expressly disclaims any liability arising from the use of such other websites or contents found there.
Any hypertext link to this Website must be the subject of a prior written authorization from the Seller. The request is to be made to COGNAC TASTING TOUR, 7 rue Grimard, 17520 Jarnac-Champagne, FRANCE.
16. Dispute resolution
16.1. Complaint – Mediation
Any complaint must be addressed to the Customer Service of the Seller:
– By post addressed to: SARL T H F, 7 rue Grimard, 17520 Jarnac-Champagne, FRANCE
– by e-mail: contact @ cognac-tasting-tour.fr
In case of dispute, prior to any legal action an amicable solution has first to be sought without specific formalities. For this purpose, the Customer Service Department of the Seller is at the disposal of the Customer or the Participant.
After having tried to find an amicable solution with the Customer Service of the Seller and in the absence of a satisfactory answer within 2 months, the Customer can seize a mediator of the French Tourism and Travel Industry whose coordinates and modalities of referral are available on this website: www.mtv.travel/en/
In the absence of satisfactory mediation, and in accordance with its rules, any of the parties may then take legal action.
16.2. Territorial jurisdiction
For any dispute relating to the execution of the contract, the competent court will be that of the defendant’s place of residence or that of the place of performance of the services ordered.
17. Governing Law
GTC are an inseparable part of the contract binding the Customer, the Participant and the Seller.
GTC and all the contractual information mentioned on the Website are a translation of the official GTC and contractual information written in French. In case of dispute it is GTC and contractual information written in French that prevail in all situations.
The whole is subject to French law.
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