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Visit the Porte Cailhau, the secrets of medieval Bordeaux

Terms and conditions of sale

ARTICLE 1: PURPOSE

These General Terms and Conditions of Sale (GTCS) determine the rights and obligations of the parties (the seller and the customer) in the context of the sale of Services by the Bordeaux Metropole Convention and Visitors Bureau (hereinafter referred to as “OTCBM”), seller, to the customer, on its online information and sales site accessible at the following address https://www.porte-cailhau.com/ (hereinafter referred to as the “Site”).

These general conditions of sale (hereinafter the “GCS”) apply to orders and/or reservations placed and paid for online on the Site by the User (hereinafter the “Services”). Excluded from the scope of these current GTS are bookings and/or orders for which the Site refers the User to the Tourist Office’s partner service providers, as these services are exclusively provided and managed by and under the responsibility of said third-party partner, in application of the applicable contractual conditions of said third-party partner.

ARTICLE 2: DEFINITIONS – GENERAL PROVISIONS

In these General Terms and Conditions of Sale and Use, the following words and expressions shall have the following meanings:

  • Vendor and/or Tourist Office: ” Office du Tourisme & des Congrès de Bordeaux Métropole “, Association with SIRET n° 78 180 45 54 000 17, whose coordinates are as follows: BORDEAUX Cedex (33080), CS 31366, 12 Cours du XXX Juillet ; Email : accueil@bordeaux-tourisme.com. and which offers the Services described in these Terms.
  • Services : sale of tasting passes and sailboat tours for Bordeaux Fête le Vin
  • Internet Site: Internet site hosted at the address https://www.porte-cailhau.com/ and which makes it possible to subscribe to the Services described in the present Conditions.
  • Content: all messages or comments, notes, generated by a User on the Tourist Office website.
  • Customer and or User: person using the Services offered by the Tourist Office on its website.

These General Terms and Conditions of Sale (GTCS) apply to all sales of Services made through the Tourist Office website. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GCS applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order.

The Customer declares that he has read and understood the present General Terms and Conditions of Sale, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. He/she declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, 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 entering into the contract.
Upon confirmation of the order, customers will receive an e-mail containing a telephone number or contact details enabling them to reach the Tourist Office:

OTCBM
12, cours du XXX juillet – CS 31366
33080 Bordeaux cedex
TEL : 05.56.00.66.00
accueil@bordeaux-tourisme.com

Customers are required to notify us within ten days of any non-conformity they observe during performance of the service. The Tourist Office has taken out insolvency protection with the Association Professionnelle de Solidarité du Tourisme, guaranteeing in particular the default and insolvency of the seller of services that may engage the liability of the Tourist Office up to 2,000,0000 euros: 15 avenue Carnot – 75017 Paris ; info@apst.travel; TEL 01 44 09 25 35.

The Tourist Office has also taken out a professional liability policy with AXA France, 313 terrasses de l’Arche, 92727 Nanterre cedex – policy no. 10757365204.

Customers must comply with the sanitary rules in force during visits organized by the OTCBM and its service providers (see the rules defined in the sanitary protocol in force and the rules and measures determined by the OTCBM and posted on its website).

ARTICLE 4: PRODUCTS AND SERVICES

4.1. Features

The products and services offered for sale on the Site are each the subject of a description drawn up by the seller or accessible on his site via a link found on his logo, mentioning their essential characteristics within the meaning of article L. 111-1 of the French 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 are contractually binding, in particular concerning the presence of children who may require an adaptation of the mode of transport.

4.2. Compliance

Products and services comply with current regulations on personal health and safety, fair trading and consumer protection at the time they are placed on the market.
They comply with the requirements of French law in force at the time they were placed on the market.

ARTICLE 5: PRICES, FEES AND COMMISSIONS

The prices of the services offered through the website are indicated in Euros, inclusive of all taxes and precisely determined on the product description pages as well as on the product order page, and exclude specific shipping costs.
The total amount due by the Customer is indicated on the order confirmation page, with the words “order confirmation”. The selling price of the product is that in force on the day of the order. In the event of a price promotion, the Tourist Office undertakes to apply the promotional price to all orders placed during the promotion period.

The Tourist Office 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.

ARTICLE 6: CONCLUDING A CONTRACT ONLINE

The Customer must follow a series of specific steps in order to place an order on the Site:

  • Step 1: selection by the User of the desired Service after taking note of the essential characteristics relating to these Services as shown on the Site;
  • Step 2: completion of the mandatory fields on the order or reservation forms on the Site (failing which, the User’s order or reservation request cannot be processed by L’Office de Tourisme) and provisional validation of the information entered; acceptance of these GTC.
  • Step 3: confirmation by the User of the information appearing on the summary displayed on the Site recalling the Service selected, the total price of the Service and the price due to L’Office de Tourisme 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 methods appearing on the Site or, to modify his/her order or reservation for convenience or to abandon it purely and simply;
  • Step 4: definitive confirmation by the User of his/her order or reservation request on the Site after entry and validation of the information relating to the online payment method selected by the User for payment of the price due to the Tourist Office under the GTC.

The Tourist Office will send an email confirming the order, reservation or collection slip in good time before the start of the Services ordered or reserved, and at the latest within 72 hours of receipt of the customer’s order or reservation. In order for the order to be processed correctly, and in accordance with article 1316-1 of the French Civil Code, the Customer undertakes to provide truthful identification details. The Tourist Office reserves the right to refuse an order, for example in the event of an abnormal request, made in bad faith or for any other legitimate reason.

The customer may obtain an invoice for his order upon written request to the e-mail address indicated in the contact field of his ticket.

ARTICLE 7: PROVISION OF SERVICE BY THE TOURIST OFFICE

The essential characteristics of the services and their respective prices are made available to the customer on the Tourist Office website. The Customer confirms that he has received a detailed breakdown of delivery costs, as well as the terms of payment, delivery and performance of the contract. The Tourist Office undertakes to honour the Customer’s order within the limits of available products only. If this is not the case, the Tourist Office will inform the customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated.

In accordance with the legal provisions concerning conformity and hidden defects, the Tourist Office will refund or exchange products that are defective or do not correspond to the order. Refunds may be requested by contacting the e-mail address indicated on the e-ticket within 10 days of the date of the service. Failing this, no claim will be accepted by the Tourist Office. The Tourist Office offers customers the possibility of purchasing and reserving various services, under the conditions defined below.

7.1 Service request

(a) Rules applicable to orders in general

The Tourist Office undertakes to process requests for services made by the Customer as quickly as possible and no later than 72 hours after the request is made.

(b) Confirmation of order by the Tourist Office

An order is registered on the site when the Customer validates his order. The customer can check the details of his order, its total price and correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Customer’s responsibility to check the accuracy of the order and to report any errors immediately. This confirmation will include

  • the listed order number;
  • 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, exclusive of tax and inclusive of all taxes;
  • date and place of performance.

(c) Acceptance of order

These orders will not be final until the Tourist Office has received payment of the deposit or the total price of the service, as the case may be.

(d) Out of stock or services available from the seller

All orders are subject to the seller’s available stocks or services. The Tourist Office cannot be held responsible in the event of an impediment linked to an out-of-stock condition of the products ordered, the unavailability of the services ordered, or a change in the delivery date indicated by the Tourist Office to the Customer. The Tourist Office undertakes to do everything in its power to propose alternative solutions. These solutions may be implemented subject to written agreement returned by the Customer. In the event that no alternative solution is found or accepted by the Customer, the order will be cancelled without compensation on either side, with the exception of any recourse by the Customer directly against the Vendor.

7.2 Payment for Services ordered

(a) Products and services will be invoiced on the basis of the prices precisely indicated, in euros and inclusive of all taxes, at the time the order is confirmed by the Tourist Office,

(b) The Customer will pay for the service using the online payment service on the Site.

7.3 Supply of services

The conditions of supply of the product or service ordered will be fixed at the time of the written confirmation sent to the customer by the Tourist Office and will take place in accordance with the terms agreed by the seller. Although every care is taken to ensure that agreed deadlines are strictly observed, the Tourist Office cannot be held responsible for any damage or injury caused by a delay in the delivery of a product or service. Failure to meet the agreed delivery dates shall not give rise to any compensation of any kind whatsoever payable by the Tourist Office.

ARTICLE 8: LIABILITY OF THE TOURIST OFFICE

Within the limits of the legislation in force, if the Tourist Office is held liable by the competent court towards a Customer, its liability cannot exceed the amount of the sums actually paid by the Customer for the services subscribed.
The Tourist Office cannot be held responsible in the following cases:

8.1 Because of the Site Content

Except in cases where the Tourist Office has been duly informed of the existence of illicit Content within the meaning of current legislation, and has not acted promptly to remove it, the Tourist Office cannot be held responsible for either the Content or the actions or lack of action of Customers, 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, insofar as the proper functioning of the Site may be affected by numerous factors beyond the Tourist Office’s control. Accordingly, to the fullest extent permitted by applicable law, the Tourist Office excludes all warranties, conditions or other terms, and shall not be liable for any financial or reputational loss, or any special, indirect or consequential damages arising out of or in connection with the use of its sites and Services.

ARTICLE 9: PAYMENT

Payment is due immediately upon ordering. The customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted in accordance with the state of the art and cannot be read as it travels over the network. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details at the time of sale, the customer authorizes the seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled and the order cancelled.

ARTICLE 10: NO WITHDRAWAL PERIOD

In accordance with article L. 221-28-12e of the French Consumer Code, the right of withdrawal cannot be exercised for “accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or during a specific period”.

ARTICLE 11: CANCELLATION AND REFUND

Cancellations made by the Tourist Office will be reimbursed to the customer in full without penalty.
Cancellation and refund requests must be sent by e-mail only to the address indicated on the ticket (contact section). No refunds will be made at the tourist office counter.
In the event of sudden catastrophes or conflicts, the customer may cancel the trip without penalty before departure, or during the trip, benefit from accommodation at the seller’s expense for up to 3 days, pending return.
Climatic events (rain, wind, heat, etc.), even if recorded by a prefectoral decision, do not constitute a case of force majeure and cannot give rise to a refund.

ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS

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 selling Tourist Office. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.

ARTICLE 13: EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCES

The performance of the Tourist Office’s obligations hereunder shall be suspended in the event of the occurrence of exceptional and unavoidable circumstances that would prevent such performance. It will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 14: INVALIDITY AND AMENDMENT OF THE CONTRACT

Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.

ARTICLE 15: PROTECTION OF PERSONAL DATA

Data is said to be “personal” when it identifies, directly or indirectly, a natural person. For example, a person is directly identified when his or her first and last names appear in a file, a set of data organized in a structured way. Similarly, an individual may be identifiable when a file contains information that indirectly enables him or her to be identified (e.g. telephone number, photograph, etc.).
In the course of its business, the OTCBM may be required to collect and process customers’ personal data.
Aware of the importance of these Customers’ personal data, the OTCBM undertakes to guarantee their security at all times and to take all necessary precautions when using them. Consequently, the OTCBM undertakes to process such data in compliance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms as amended, as well as in compliance with other applicable French and European Union legislation and in particular the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 – hereinafter, “GDPR”).
All information relating to the processing of personal data by the Tourist Office is available in the Data Protection Policy and Cookies Policy http://www.bordeaux-fete–le-vin.com/frde.
By accepting these general terms and conditions of sale, the Customer acknowledges having read the OTCBM’s Data Protection Policy and Cookies Policy.

ARTICLE 16: PRE-CONTRACTUAL INFORMATION – MEMBER ACCEPTANCE

Prior to placing an order and entering into a contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:

  • the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
  • the price of Services and ancillary costs (e.g. delivery);
  • in the absence of immediate execution of the contract, the date or time by which the seller undertakes to provide the Services ordered;
  • information about the seller’s identity, postal address, telephone number, e-mail address and business activities, if not obvious from the context,
  • Information on legal and contractual warranties and how to make use of them;
  • digital content functionalities and, where applicable, interoperability;
  • the possibility of resorting to conventional mediation in the event of a dispute ;
  • information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions.
  • accepted means of payment.

The fact that a natural person (or legal entity) places an order on the Tourist Office website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the services ordered, which is expressly recognized by the customer, who waives the right to invoke any contradictory document that may be unenforceable against the Tourist Office.

ARTICLE 17: MEDIATION

These provisions apply to Individual Members only.

In the event of a dispute relating to these General Terms and Conditions, the Customer may have free recourse to a consumer mediator in accordance with articles L612-1 of the French Consumer Code. Before referring the matter to the competent court, the customer may have recourse to the Tourism and Travel Mediation Service (https://www.mtv.travel) after sending the Tourist Office a complaint which has remained unanswered for two months, or in the event of a negative response. The aim of the Médiation du Tourisme et du Voyage is to encourage the amicable settlement of unresolved disputes between consumers and sellers of travel or leisure services who are signatories to the Médiation du Tourisme et du Voyage Charter. The Médiateur du Tourisme et du Voyage is tasked with reconciling points of view in order to open the way to an amicable solution and avoid recourse to the courts. The User may also file a complaint via the online dispute resolution platform (the “RLL” platform) accessible via the following link:https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

Should the appointment of a mediator or the mediation itself fail, the most diligent party may refer the matter to the competent court in accordance with the terms of the “Applicable law” article below.

ARTICLE 18: APPLICABLE LAW

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.

ARTICLE 19: COMPULSORY INFORMATION – TOURISM CODE


Article R211-3
 All offers and sales of the services mentioned in article L. 211-1 must be accompanied by appropriate documents that comply with the rules set out in this section.

Article R211-3-1 The exchange of pre-contractual information or the provision of contractual terms and conditions shall be in writing. This can be done electronically. The name or company name and address of the organizer or retailer are mentioned, as well as his registration in the register provided for in article L. 141-3 or, where applicable, the name, address and registration details 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 must provide the traveler with the following information:
1° The main characteristics of the travel services :
a) Destination(s), itinerary and period(s) of stay, with dates and, where accommodation is included, the number of overnight stays;
b) Means, characteristics and categories of transport, places, dates and times of departure and return, duration and location of stopovers and connections. When the exact time has not yet been fixed, the organizer or retailer informs the traveler of the approximate time of departure and return;
c) Location, main features and, if applicable, tourist category of the accommodation under the rules of the country of destination;
d) Meals provided ;
e) Visits, excursions or other services included in the total contract price;
f) If not apparent from the context, whether any travel services will be provided to the traveler as part of a group and, if so, the approximate size of the group;
g) When the benefit of other tourist services provided to the traveller relies on effective verbal communication, the language in which these services will be provided;
h) Information on whether the vacation or vacation stay is generally suitable for people with reduced mobility and, at the request of the traveller, precise information on the suitability of the vacation or vacation stay for the traveller’s needs;
2° The corporate name and geographical address of the organizer and retailer, as well as their telephone and, if applicable, electronic contact details;
3° The total price including taxes and, if applicable, all fees, charges or other additional costs, or, when these cannot be reasonably calculated prior to the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;
4° Terms of payment, including the amount or percentage of the price to be paid on account and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveller;
5° The minimum number of people required for the trip or stay and the deadline mentioned in III of article L. 211-14 preceding the start of the trip or stay for possible cancellation of the contract if this number is not reached;
6° General information on the conditions applicable to passports and identity cards.
visas, including the approximate time required to obtain visas, as well as information on health formalities in the destination country;
7° A statement indicating that the traveller may cancel the contract at any time before the start of the trip or holiday, subject to payment of appropriate cancellation fees or, where applicable, standard cancellation fees charged by the organizer or retailer, in accordance with I of article L. 211-14 ;
8° Information on compulsory or optional insurance covering the cost of cancellation of the contract by the traveler or the cost of assistance, including 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 is transmitted ensure that each of them provides, before the traveler is bound by a contract, the information listed in this article insofar as 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 joint order of the Minister for Tourism and the Minister for the Economy and Finance. This decree specifies the minimum information to be provided to 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 traveller forms part of the contract and can only be modified under the conditions defined in article L. 211-9.

Article R211-6 In addition to the information defined in article R. 211-4, the contract must include the following information:
1° The traveler’s specific requirements that the organizer or retailer has accepted;
2° A statement indicating that the organizer and the retailer are responsible for the proper execution of all travel services included in the contract, in accordance with article L. 211-16, and that they are required to provide assistance to the traveler in the event of difficulties, in accordance with article L. 211-17-1;
3° The name of the entity responsible for insolvency protection and its contact details, including its geographical address;
4° The name, address, telephone number, e-mail address and, where applicable, the fax number of the organizer’s or retailer’s local representative, contact point or other contact person.
service through which the traveler can quickly contact the organizer or retailer and communicate with him effectively, request assistance if the traveler is in difficulty or complain about any non-conformity found during the execution of the trip or stay;
5° A statement indicating that the traveller is obliged to communicate any non-conformity that he observes during the trip or stay in accordance with II of article L. 211-16 ;
6° Where minors, unaccompanied by a parent or other authorized person, are travelling 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 minor’s place of stay;
7° Information on available internal complaint handling procedures and out-of-court dispute settlement mechanisms and, where applicable, on the entity to which the professional belongs and on the online dispute settlement platform provided for by Regulation (EU) No 524/2013 of the European Parliament and of the Council;
8° Information on the traveler’s right to transfer 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 is transmitted informs the organizer or retailer of the conclusion of the contract giving rise to the creation of a package. The professional provides him with the information he needs 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 assign his contract to a transferee who fulfills the same conditions as he does to make the trip or stay, as long as the contract has not produced any effect.
Unless otherwise stipulated, the assignor must inform the organizer or retailer of his decision by any means capable of producing an acknowledgement of receipt at least seven days before the start of the trip. Under no circumstances is this transfer subject to prior authorization by the organizer or retailer.

Article R211-8 When the contract provides for the express possibility of revising the price, within the limits set out in article L. 211-12, it must specify the precise methods for calculating price variations, both upwards and downwards, in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when establishing the price stated in the contract.
In the event of a price reduction, the organizer or retailer is entitled to deduct its actual administrative expenses from the refund due to the traveler. At the traveler’s request, the organizer or retailer will provide proof of these administrative expenses.

Article R211-9 When, before the traveler’s departure, the organizer or retailer is forced to make a change to one of the essential elements of the contract, if he cannot meet the specific requirements mentioned in 1° of article R. 211-6, or in the event of a price increase of more than 8%, he shall inform the traveler as soon as possible, in a clear, comprehensible and visible manner, on a durable medium:
1° Proposed changes and, if applicable, their impact on the price of the trip or stay;
2° A reasonable period of time within which the traveler must inform the organizer or retailer of his decision;
3° The consequences of the traveller’s failure to reply within the set time limit;
4° If applicable, the other service offered and its price.
If the changes to the contract or the substitute service result in a reduction in the quality or cost of the trip or holiday, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the traveler does not accept another service, the organizer or retailer will reimburse all payments made by or on behalf of the traveler as soon as possible and in any event no later than fourteen days after the contract is terminated, without prejudice to any compensation pursuant to article L. 211-17.

Article R211-10 The organizer or retailer makes the refunds required under II and III of article L. 211-14 or, under I of article L. 211-14, reimburses all payments made by or on behalf of the traveller, less the appropriate resolution costs. Refunds will be made to the traveller as soon as possible, and in any event no later than fourteen days after cancellation of the contract.
In the case provided for in III of article L. 211-14, the additional compensation that the traveller is likely to receive is at least equal to the penalty that he would have incurred if the cancellation had been his fault on that date.

Article R211-11 The assistance due by the organizer or retailer in application of article L. 211-17-1 consists in particular:
1° To provide useful information on health services, local authorities and consular assistance;
2° To help travelers make long-distance calls and find other travel services.
The organizer or retailer is entitled to charge a reasonable price for this assistance if the difficulty is caused intentionally by the traveler or by his negligence. In no case will the invoiced price exceed the actual costs incurred by the organizer or retailer.