In accordance with article R.211-12 of the Code of Tourism, travel brochures and contracts offered by travel agents to their customers must include verbatim the following general terms from articles R.211-3 to R.211-11 of the Code of Tourism.
TERMS & CONDITIONS
ARTICLE I - Scope
These Terms & Conditions apply to all sales made by the Company Bordeaux Executive Travel (RCS BORDEAUX 538 263 302), hereinafter called the "Company", to professional or individual buyers, whatever clauses appear on the documents of the Client, including its general conditions of purchase and covering all products sold by the Company.
These Terms and Conditions shall be communicated without delay to any customer who requests it. According with the regulations, the Company reserves the right to waive certain provisions of these Terms and Conditions, based on negotiations with the Client, through the establishment of Special Conditions of Sale. The Company may also be required to establish Categorical Terms and Conditions, derogatory to these Terms of Sale, depending on the type of clientele concerned, determined using objective criteria. In this case, the Categorical Terms and Conditions apply to all operators that meet these criteria.
ARTICLE 2 - Booking
All products offered by the Company (Wine Tours included) are valid for the periods indicated and while stocks last. The Company will ensure the availability of particular products required to the extent possible. Customer is warned, however, that the actual availability of other providers may not be updated in real time. The Company will notify the Customer then by all means within a maximum of 48 hours in the case that the trip would prove unavailable. In this case, the Company will offer the Customer another trip. In case of refusal of the Customer, the Company will reimburse the full amount paid without any compensation being due by either party.
ARTICLE 3 - Rates
Sales are perfect after express acceptance in writing of the reservation Customer by the Company, evidenced by a receipt from the provider (Wine Tours included). Orders must be confirmed in writing, by an order signed by the Client.
The products are supplied at the rates in force on the day of booking and, if applicable, in the proposal sent to the Client specific business. These prices are expressed in euro and VAT. Once the reservation is confirmed by the Company, prices are firm and final. They cannot be revised either higher, or lower, whatever the fluctuations in the cost of transportation, currency and taxes relating to the services offered.
Travel prices are constantly evolving, therefore the Company has opted not to include price charts in the brochures. It is therefore up to the client to contact their travel agency at any time to know the exact price of the selected trip. Prices do not include: filing fees, gratuities and personal expenses during travel, insurance to guarantee the risks related to travel or stay.
No dispute about the fare can be considered after the conclusion of the contract. It is up to the Customer to appreciate, before the conclusion of the contract, if the price is right in accepting the principle that it is a package price. In particular, prices result from contract rates negotiated between the various providers and Bordeaux Executive Travel and they do not take in account promotional rates that these providers may agree at certain dates: consequently, no claim or refund will be taken into consideration in this regard.
ARTICLE 4 - Payment Terms
The price is payable in full on the day of booking.
A deposit may be requested from Customer. In such cases, the terms of the deposit will be specified when the order is taken.
ARTICLE 5 - Liability of the Company - guarantee
(i) The Company will ensure the best possible trip conditions without being liable for force majeure (strikes, bad weather, wars, earthquakes, severe epidemics, volcanic eruptions ...), third party responsibility, or the fault of the Client (late presentation at the station or airport, non respect of administrative, customs or health regulations, no-show at the boarding ...).
(ii) The Company acts only as an intermediary between the customer and the carrier, it does not control transportation schedules. In case of schedule changes or delays, decided by the carrier, the responsibility of the Company shall not be liable for the schedule change or if the delay is not the result of force majeure or of a third party unconnected with the provision of services. Schedules for all routes, aircraft types, and the route are provided for information only. They may be subject to change even after confirmation.
(iii) Responsibility of local providers: Each provider maintains at the Client's own responsibility according to the law which governs it or the international conventions establishing such limitations of liability. If the liability of the Company was committed on the basis of an error committed by the local provider, it would be limited in the same manner as that of the claimant.
ARTICLE 6 - Liability of the Customer
(i) Any trip interrupted or shortened or any service not used by the Customer (Wine Tours included) for any reason whatsoever, shall not give rise to any refund or compensation. No refund will be given if the Client requests changes after arriving. The journey can never be reimbursed when the customer does not show up at the start of the trip. Similarly, if for any reason whatsoever, the Customer cancels reservations taken on his behalf, no refund will be granted.
(ii) All special requests (such as requests for disabled persons with or without wheelchair, excess baggage, special meals, transport of musical instruments, etc...) must be submitted in writing to the Company as early as possible. The Company will do its best to ensure that any such request will be respected by the supplier of the services concerned. However, the Company cannot guarantee any of these services, even if they were communicated, without the Company makes any reserve. The Company cannot under any circumstances be liable for any damages resulting from the failure to take into account a special request. It is in this regard the responsibility of the agency to notify the Client that all special requests cannot be guaranteed.
(iii) In some countries, theft is quite common. It is up to clients to always remain vigilant and avoid as much as possible to bring valuable items when traveling. Objects or personal belongings of the Clients are under their responsibility during the entire duration of their trip and their stay, unless they have been placed in a safety deposit box made available by providers to the Client. The Company can in no way be held responsible for loss or theft while traveling and holidays. In case of theft, it is up to the Client to make a theft report on site with local authorities and inform the manager of the hotel.
(iv) It is up to the Client to comply with the rules of the hotels where he stays and not to commit any acts of incivility during his trip. The hotel management and / or the Company will be authorized to interrupt the stay of the Client in case of misconduct. In such a case, the Client shall not be entitled to any refund or compensation and bear alone all costs resulting from the interruption of stay. In addition, the Company expressly reserves the right to recover from the Client all compensation it may have to pay other clients because of his behavior.
ARTICLE 7 - Hotels and benefits
(i) Category of hotels: hotel classification in other countries by stars or categories as indicated in the brochure is made by the ministries of local tourism, according to very different standards then French standards. No parallel can be made from one country to another or from one institution to another.
(ii) As a general rule in the International Hospitality Industry, the Clients hotel room will be available from 3 pm regardless of the time of arrival and should be liberated before 12 am, regardless of the hour of the return flight. In no case, there will be exceptions to this rule.
(iii) Room types: Single: are provided with a bed for one person. They are always subject to a surcharge stated in the descriptions; their availability is limited and are often less spacious and less comfortable than the other rooms. Doubles: are provided with twin beds or a double bed. Triple: the third bed is in most cases an extra bed added (basic comfort). Quadruple: have in most cases two extra beds (basic comfort).
(iv) Children: children's rates mentioned are concerning children sharing the room of 2 adults (unless indicated otherwise). In the case of 2 adults + 2 children, if the size of the room cannot accommodate more than 3 people in the same room, 2 adjourning or connecting (if possible) double rooms and the adult rate will be applied (unless indicated otherwise in the price table).
ARTICLE 8 – Modifications
It may happen that the Company is led, for reasons beyond its control, to change, even after the beginning of the trip or stay, hotels and ships named in the description. In this case the Company will do everything possible to provide the Client with service standards at least equivalent to those initially planned. Similarly, the order of tours and auto tours may be modified but all visits and itineraries will be followed to the extent possible. In this case, the Client may obtain no compensation other than the reimbursement of the services that are not performed and not replaced. Civil and religious holidays, strikes and protests in the countries visited are likely to lead to changes in visits or excursions. The Company cannot be held responsible for climatic events that can perturb the functioning of leisure and services. Finally, although all the activities mentioned in the descriptions have been confirmed by the providers to the Company, it may happen, for reasons beyond the control of the Company, that these and other services are suspended without the Company having been informed.
ARTICLE 9 - Cancellation by the Customer
According to Article L.121-20-4 of the Consumer Code, none of the services offered by the Company is subject to the right of retraction mentioned in Articles L.121-20. Consequently, any cancellation or modification by the Customer before departure leads to the billing of the following charges per person:
- More than 30 days before departure € 0;
- 30 to 7 days before departure 25%;
- 6 to 2 days before departure 90%;
- Less than 2 days before departure or no show 100%.
ARTICLE 10 - Transfer of Contract
The Client may transfer the contract if the transferee meets the same conditions as him/her to make the trip or stay (modes of board and lodging the same, same travel package, same number of passengers, children in the same age bracket ...). The Customer may not, however, transfer his insurance or assistance contracts. The transferor must inform the travel agency of his decision by a way that makes it possible to produce a proof of this request to transfer, no later than 7 days before the trip. Additional costs in case of transfer may be charged if the Company can justify the additional costs it has to bear. The transferor and the transferee are jointly liable towards the Company, for the payment of the balance of the invoice and any additional costs incurred.
ARTICLE 11 - Insurance
(i) Professional Liability Insurance: Bordeaux Executive Travel has subscribed with AXA Insurances an insurance contract covering the consequences of its professional liability as required by law. Personal Accident Insurance and Additional Liability Insurance.
(ii) Travel Insurance (Client): The Company offers its Clients the opportunity to purchase insurance from TMS Insurances, in order to cover the risks incurred during the trip (repatriation, cancellation, luggage ...). Such insurance should be purchased at the same time as the booking. They are never refundable. In addition and on request the Company makes copies of the contracts, offered by the insurance company: l’Européenne d’assurance, available to Clients, in order to be fully informed about the insurances, they wish to purchase.
ARTICLE 12 - Client Service
(i) According to Article L.113-5 of the Consumer Code, the Company has a phone number available for Clients: +33(0)557 859 921 to receive calls in order to obtain the proper execution of the contract or the processing of a claim.
(ii) Local Correspondents: Clients can contact them for more information and to try to resolve any difficulties they may face. If the Client is not satisfied with the execution of his journey, he must immediately formulate and express his grievances to the Correspondent or local providers, in order not to endure unnecessary further discomfort throughout his journey.
(iii) All complaints have to be addressed to the Company, together with all relevant documents within a maximum period of 30 days after the return date, by a way that makes it possible to produce a proof of sending this claim, or if necessary through the travel agency. Failure to comply with this deadline may be likely to affect the processing of the claim file. The response time may vary, depending on the duration of the investigation of the Company with relevant service providers. As a member of SNAV (the French Syndicate of Travel Agents), the Company informs the Client the right to benefit (under certain conditions) from the mediation service "Travel and Tourism" for the settlement of any dispute that may arise between a supplier of transport services, air travel and tourism and the Client, in case a dispute remains unresolved with the service provider. The details of the Ombudsman and his referral procedures are detailed on the website: www.mtv.travel.
ARTICLE 13 – Data Protection Policy
According to Law No. 78.17 of 6 January 1978, it is recalled that the data, requested from the Customer are required to process the order.
The Client has, in accordance with national regulations and European standards, a permanent access, the right to modification, rectification and opposition with regard to information about him. The right of access and rectification can be exercised upon request at the registered office, to the attention of the marketing department.
Article 14 - Applicable law - contract languages
Express agreement between the parties, these Terms and Conditions are governed by and subject to French law. They are written in French. In case they are translated into one or several languages, the French text will prevail in case of dispute.
ARTICLE 15 - Disputes
All disputes arising from this contract concerning its validity, interpretation, execution, termination, their consequences and suites will be submitted to the competent courts. In case of dispute with professionals and / or merchant, the court of BORDEAUX (33000) will be competent.
ARTICLE 16 - Acceptance of Client
These Terms and Conditions are specifically approved and accepted by the Client, who acknowledges and states that he has a perfect understanding, and gives up, thereby to invoke any contradictory document, including its own purchase.