1. Designation of the vendor
This site, www.bordeaux-tourisme.com, is published by:
The nonprofit organization Bordeaux Tourist Office, the official headquarters of which is located at 12 cours du XXX Juillet CS 31366 F 33080 BORDEAUX CEDEX and registered under Loi n° 2009-888 of 22 July 2009 under identification number IM 033 110011, intracommunity number FR 40781804554, SIRET n° 781 804 554 00017.
Phone: +33 (0) 5 56 00 66 00
Email address: email@example.com
2. General provisions relative to these terms and conditions (hereinafter the GTC)
2.1. Objective of the GTC
The GTC apply exclusively to online and over the counter sales of the products and services of the Bordeaux Tourist Office presented on the site www.bordeaux-tourisme.com.
The GTC do not apply to the sale of products offered by the Bordeaux Tourist Office shop.
2.2. Scope of the GTC
The GTC exclusively govern the sales contracts for online and over the counter products of the Bordeaux Tourist Office to buyers who have the status of consumers (hereinafter referred to as consumers) and constitute, together with the purchase order and description of services, contractual documents binding on the parties to the exclusion of all other documents, brochures, catalogs or photographs of the products that have an indicative value. The GTC apply exclusively to products delivered to consumers based in France and/or in a member country of the European Union as well as to services provided in France.
The GTC and all contractual information presented on the site are written in French. The foreign language versions appearing on the site are provided for informational purposes only. Only the French version of the GTC shall prevail.
The consumer must be at least 18 years old and have the legal capacity to contract for placing any order.
2.3. Availability and enforceability of GTC
The GTC are made available to consumers on the www.bordeaux-tourisme.com site where they may be consulted directly and may also be communicated by phone, email or post on request.
The GTC are binding upon the consumer who acknowledges, by checking a box to that effect when ordering on the website, that they have been made aware of and accepted them before placing their order with the obligation to pay.
Validation of the order by confirmation requires the buyer to accept the GTC in effect at the date of the purchase, the maintenance and reproduction of which are to be performed by the professional vendor in accordance with Article 1369-4 of the Civil Code.
2.4. Modification of GTC
The professional vendor reserves the right to modify its GTC at any time.
In the event of a modification of the GTC, the applicable GTC are those in effect on the date of the order, a copy of which, dated to that day, may be sent to the consumer on request.
2.5. Clauses of the GTC
The nullity of a contractual clause shall not invalidate the GTC.
Temporary or permanent non-application of one or more provisions of the GCS by the Bordeaux Tourist Office shall not amount to a waiver on its part of the other clauses of the GTC, which shall remain in effect.
The products and services offered for sale listed in the catalog published on the website are all subject to a description provided by the supplier or available on the manufacturer's site by a link on its logo their essential characteristics as defined Article L. 111-1 of the Code de la consommation.
The photographs illustrating the products do not constitute a contractual document.
The conditions of participation for each of the services offered by the Bordeaux Tourist Office are detailed on the website and guaranteed, particularly regarding the presence of children may require an adjustment of the mode of transport.
The products shall comply with the relevant requirements for safety, health, fair trade, and consumer protection in force at the time of sale.
The products shall comply with the requirements of French law in force at the time of placing on the market.
4.1. Sale price
The sale price in euros, in accordance with Article L. 113-3 of the Code de la consommation, is indicated for each of the products listed in the catalog, including all taxes, excluding the shipping and transportation costs cited before validation of the order and any additional costs.
The total amount payable by the consumer is indicated on the order confirmation page, with the words "commande avec obligation de paiement [order with obligation to pay]".
The sale price of the product is the price in force on the date of the order.
In the event of a sales promotion, the professional vendor undertakes to apply the promotional price to all orders placed during the sales promotion period.
The professional vendor reserves the right to change prices at any time, while assuring the consumer that the price in effect at the date of order will be applied.
Online sale of the offers presented on the site are reserved for consumers based in France and/or in a member country of the European Union and for deliveries to these geographical areas.
Unless a specific duration is indicated, online sale of the offers presented on the site are valid, insofar as the products are listed in the catalog and within the limits of available stock.
Acceptance of the offer by the consumer takes place when an order is made on the website via a double-click confirming the order with the obligation to pay.
When the sale is made at the counter, acceptance of the order by the vendor shall issue in the direct delivery of products ordered. Any order received by the vendor is to be considered firm and final.
6.1. Steps in the conclusion of the contract on the website
To place an order, the consumer, after filling his virtual shopping cart by indicating the products and quantities desired, then clicks on the button "Commander [Order]" and provides the required information for delivery and method of payment.
Before clicking on the button "Confirmer la commande [Confirm the order]", the consumer will have the opportunity to verify the details of the order and its total price and to return to previous pages to correct errors or, if so desired, to modify the order.
The confirmation of the order implies acceptance of the GTC and forms a contract by double-clicking on the words “j’ai pris connaissance et accepte les conditions générales de vente [I have read and accept the general terms and conditions of sale].”
An email acknowledging receipt of the order and its payment will be sent by the vendor as soon as possible in the form of an e-ticket for tourist services.
The e-ticket, provided with a bar code, will be dated and shall be valid only for the specified date.
6.2. Modifications to an order
Any modification to an order on the part of the consumer after confirmation of his order shall be subject to the acceptance of the Bordeaux Tourist Office.
The professional vendor reserves the right to make modifications to the product ordered in relation to technological developments in accordance with Article R. 132-2-1, V of the Code de la consommation.
6.3. Validation of the order
The Bordeaux Tourist Office reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
6.4. Unavailability of products ordered
If the products ordered are unavailable, the professional vendor shall immediately inform the consumer and may offer him a product of equivalent quality and price.
In the event that there is no agreement, the consumer shall be reimbursed no later than thirty days from the payment of the sums charged.
When the order is placed online, the sales contract is formed at the time that the consumer is sent confirmation of his order.
When the order is placed at the counter, the sales contract is formed following acceptance of the order by the vendor.
7.2. Archiving and proof
Archiving of communications, purchase orders and invoices shall be effected in a reliable and sustainable manner constituting a reliable and durable copy pursuant to section 1348 of the Civil Code.
These communications, orders and invoices can be produced as proof of the contract.
When the order is placed online, from the receipt of the products or e-ticket, the consumer has a withdrawal period of fourteen days in which to return the products delivered without justification or penalty to the following address: Office de Tourisme de Bordeaux 12 cours du XXX Juillet CS 31366 F 33080 BORDEAUX CEDEX
Return shipping costs are the consumer’s responsibility.
To return products, consumers must first send an email to the Bordeaux Tourist Office at firstname.lastname@example.org specifying the number of the order canceled in order to obtain a return number.
The professional vendor agrees to refund the consumer at the latest within thirty days following the date on which the right of withdrawal was exercised, provided that the products are returned in their original packaging, whole, in perfect condition, and accompanied by the original receipt.
7.4. No right of withdrawal for certain services
Article L 121-21-8 of the Code de la consommation provides that the right of withdrawal cannot be exercised for contracts concerning lodging services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities to be provided on a date or a specific period.
The Bordeaux Tourist Office avails itself of this absence of the right to withdrawal and hereby indicates that for all services sold on the website www.bordeaux-tourisme.com within the scope of Article L 121-21- 8 of the Code de la consommation, the consumer shall have no right of withdrawal.
The contract may be canceled by the consumer in the event that: — the product delivered does not accord with characteristics of the product advertised; — delivery takes place after the deadline set in the purchase order for products the value of which is over 500 euros in accordance with Article 9.1 of the GTC; — there is an increase in the price not justified by technical modification of the product imposed by the authorities; there is non-compliance with the disclosure requirement specified in paragraph 13 of Article R. 211-4 of the Code du tourisme.
In any of these cases, the consumer may demand repayment of the deposit made pursuant to the order, plus interest at the legal rate from the date of receipt of the deposit.
The contract may be canceled by the professional vendor in case of:
- Consumer refusal to take delivery;
- Non-payment of the price
In all these cases, the deposit paid to the control remains with the professional vendor as compensation.
7.6. Cancellation by the consumer
Unless stated otherwise in the description of services under Article 3-1 of the GTC, the conditions for cancellation by the consumer are those defined in this section.
In the event of a cancellation more than 15 days before departure, the consumer will be refunded the sum paid after deduction of a sum of € 15 corresponding to the application fee.
In the event of a cancellation less than 15 days before departure, a no show or late arrival on the day of departure, no refund may be requested by the consumer.
8.1. Terms of payment
The price must be paid in full upon confirmation of the order.
Excluding sums paid which are refunded in the event of the unavailability of the product ordered in accordance with Article 6-4 of the GTC, any sum paid in advance on the price shall carry interest at the legal rate from the expiration of three months after payment until delivery of the product or, failing this, until the return of the sum paid toward the order.
Payment by credit card is due immediately upon placement of an order.
8.2. Secure payment
The site is equipped with a secure online payment system that allows consumers to encrypt the transmission of their banking data; the solution SP Plus of the Caisse d’Epargne meets all of the market security requirements (PCI-DSS certification, 3D-Secure accreditation): security of clients’ banking data is assured, as is direct authentication from their bank.
8.3. Late payment
Any amount not paid when due shall, without notice, carry interest at the legal rate.
The Bordeaux Tourist Office reserves the right, in the absence of payment of the price on the due date, to claim payment, to suspend delivery, or to cancel the contract in accordance with the law and to retain, as compensation, the down payment made with the order.
9.1. Delivery period
The professional vendor agrees, in accordance with the delivery date indicated on the website for each product, to deliver the products within 30 days after confirmation of the order.
9.2. Delay in delivery
A delay in delivery exceeding seven days and not due to force majeure may result in cancellation of the sale by the consumer who, within sixty days from the delivery date specified, cancels his order by registered letter with acknowledgment of receipt, returning the products if they have been delivered, when appropriate, and will receive the vendor at the latest within a period of thirty days restitution payment, excluding any compensation.
9.3. Terms of delivery
The products shall be delivered to the address specified by the customer in the order for purchase.
Any claim of an error in delivery must be made by the consumer to the professional vendor on the delivery date or, at the latest, on the first business day following the delivery date.
Delivery shall be effected by notice of availability.
In case of postal delivery, a delivery receipt must be signed by the consumer who must, on receipt, verify the correctness of the product and the condition of its packaging.
In case of damage to or partial loss of the product, the consumer must, on receipt, make a note of these complaints on the acknowledgement of receipt, a duplicate of which shall be sent to the professional vendor within three days of this receipt, notifying the carrier of these complaints by registered letter with acknowledgment of receipt in accordance with Article L. 133-3 of the Code de commerce.
9.4. Product compliance
If the product does not comply with the order, the consumer must address a complaint to the Bordeaux Tourist Office to obtain a replacement product or, in some cases, a cancellation of the sale.
9.5. Unavailability of products
In the event that products are unavailable for delivery, the professional vendor may offer, in accordance with Article 6-4 of the GTC, a product of equivalent quality and price.
9.6. Failure to deliver
Total failure to deliver shall result in automatic termination of the sales contract.
10.1. Legal guarantees
All products supplied by the professional vendor have the legal guarantee of compliance provided for in Articles L. 211-4 to L. 211-14 of the Code de la consommation and by the legal guarantee against hidden defects described by Articles 1641 to 1649 of the Civil Code.
Under the terms of these guarantees, the Tourist Office promises, according to the wishes of the consumer, to either refund or exchange products which are defective or do not correspond to the order.
The professional vendor remains liable, in accordance with Article L. 211-15 of the Code de la consommation, for any lack of compliance or hidden defects in the product.
10.2. After-sale service
Claims made under the terms of guarantees must be sent by email to the customer service desk at 12 cours du XXX Juillet CS 31366 F 33080 BORDEAUX CEDEX, Tel: +33 (0) 5 56 00 66 00, email: email@example.com
The products covered by the guarantees must be returned unused, whole, and in their original condition and packaging following receipt and confirmation of the claim by the after-sale service desk.
The consumer will be reimbursed for return postage no later than thirty days after receipt of the product by the vendor.
10.3. Clauses in the guarantees
Exculpatory or limiting clauses to the rights granted consumers under the terms of the legal guarantees which are deemed to be invalid when considered prior to any complaint on the part of the consumer, shall be valid when considered after a claim is made under Article L. 211-17 of the Code de la consommation.
10.4. Law applicable to the guarantees
French law applicable to the contract under the terms of Article 16 of the GTC shall not have the effect of depriving the consumer residing in another Member State of the provisions on the guarantees granted to it under his own national law in view of Directive No. 99/44/EC of 25 May 1999 concerning consumer goods sales and guarantees.
The Tourist Office cannot be held liable for non-performance or improper performance of the contract due either to the actions of the buyer, to the insurmountable and unpredictable action of a third party, or to force majeure.
The professional vendor can be held liable for non-compliance of the product with the laws of the consumer’s country, to which end it shall check to ensure that the product is not banned from sale in that country.
11.2. Product safety defect
In case of damage caused by a defect in product safety, consumers must hold the manufacturer liable as identified by on the information on the product packaging.
11.3. Penalty clause
In any case of failure to perform obligations on the part of the consumer, the deposit paid toward the order shall remain with the professional vendor as compensation.
11.4. Professional liability insurance
The vendor has subscribed to insurance against specific civil liability with SMACL ASSURANCES 141 Avenue Salvador Allende – 79031 NIORT cedex 9 pursuant to the provision of the services governed by the present GTC.
12. Termination clause
Cancellation of the order as provided in the present GTC shall be accomplished by registered letter with acknowledgment of receipt and shall be acquired ex lege, without legal formalities.
13. Intellectual property
The items displayed on the website www.bordeaux-tourisme.com, in the annex to this contract detailing the services provided, or in brochures from the Bordeaux Tourist Office, including photography, video, text, artwork, and images, are the exclusive property of the publisher and are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements without prior written permission from the publisher shall render violators liable to prosecution.
14. Personal data
The collection of personal data, the use of personal data pursuant to the processing of orders and the creation of customer files, and the dissemination of personal data to third parties responsible for the execution and payment of such orders, shall be subject to the consent of the person concerned.
The processing of personal data, which are kept solely for the proper processing of orders and maintenance of business, shall be the subject of a declaration to the Commission Nationale Informatique et Libertés.
At all times, the consumer retains the right to access, modify, rectify and delete personal data concerning himself or herself.
15. Settlement of disputes
Any complaints should be addressed to the customer service desk at 12 cours du XXX Juillet CS 31366 F 33080 BORDEAUX CEDEX, Tel: +33 (0) 5 56 00 66 00, email: firstname.lastname@example.org.
The contracting parties are free to accept or reject the use of mediation and, if mediation, to accept or reject the solution proposed by the mediator.
For any dispute relating to the order and the present GTC, the jurisdiction shall be that of the domicile of the defendant or that of the place of actual delivery of the product.
16. Applicable law
This agreement and the GTC governing it are subject to French law.
17. Specific legal regime regarding the sale of tourist packages
A tourist package is constituted, in the legal and jurisprudential sense, by the sale, proposed for an inclusive price, of a service exceeding 24 hours or including an overnight stay and comprising at least two tourist services.
The sale of tourist packages is governed by Title 1 of Book II of the Code du Tourisme concerning the organization of the sale of tours and vacations.
18. Obligatory statements
Pursuant to Article R. 211-12 of the Code du Tourisme, Articles R 211-3 to R 211-11 of the Code are reproduced below.
The Bordeaux Tourist Office strictly enforces the regulations reproduced below.
Article R. 211-3: "Subject to the exclusions provided for in in the third and fourth paragraphs of Article L. 211-7, all offers and sales of travel services or holidays shall result in the provision of the appropriate documents which fulfill the rules defined in this section.
In the event of sales of air transport or other tickets for regular lines which are not accompanied with services associated with this form of transport, the vendor shall provide the buyer with one or more tickets for the entire journey issued by or under the responsibility of the transport company. In the case of transport on request, the name and address of the transport company on whose behalf the tickets are issued must be indicated.
The separate invoicing of the various elements within the same tourist package shall not release the vendor from his obligations according to the legal provisions of this section.”
Article R. 211-3-1: "All information provided before signing the contract as well as the terms and conditions of the contract shall be provided in writing. It may be communicated by e-mail according to the terms of Articles 1369-1 to 1369-11 of the civil code. The name or corporate name and address of the vendor and its registration number as mentioned in point a of Article L. 141-3 or, if applicable the name, address and registration number of the federation or organization mentioned in the second paragraph of Article R. 211-2 shall be indicated.”
Article R. 211-4: "Prior to executing the contract, the vendor must provide the consumer with information concerning the price, dates and other items constituting the services provided in the context of the journey or holiday, such as:
- 1) The destination, resources, characteristics and categories or transport used;
- 2) The type of accommodation, its location, comfort level and primary characteristics, its certification and touristic ranking corresponding to the regulations or practices of the host country;
- 3) The food services offered;
- 4) A description of the itinerary in the case of a tour;
- 5) The administrative and health-related formalities to be completed by French nationals or citizens of another member state of the European Union or of a state that has signed the agreement on the European Economic Area, notably with regard to crossing borders, and the deadlines for their completion;
- 6) The visits, excursions and other services included in the package or any which may be available for the payment of a surcharge;
- 7) The minimum or maximum size of a group required for the trip or holiday and, if the trip or holiday is subject to a minimum number of participants, the deadline for informing the consumer in the event of the cancellation of the trip or holiday; this date shall not be less than 21 days before the departure;
- 8) The amount or percentage of the price to be paid as a down payment upon conclusion of the contract and the schedule for the payment of the balance;
- 9) The price adjustment terms provided for by the contract according to Article R. 211-8;
- 10) The contractual cancellation terms;
- 11) The cancellation terms defined in Articles R. 211-9, R. 211-10 and R. 211-11;
- 12) The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or a salvage contract covering certain specific risks, notably repatriation costs in the event of an accident or illness;
- 13) When the contract includes air travel services, details of each flight segment, as defined in Articles R. 211-15 to R. 211-18.”
Article R. 211-5: "The prior information supplied to the consumer is binding on the vendor unless the vendor has specifically reserved the right to modify certain elements of this information. The vendor must, in this case, indicate clearly the extent to which such modifications may be made and the elements concerned.
In all events, the amendments made to the prior information must be provided to the consumer in writing prior to the conclusion of the contract.”
Article R. 211-6: "The contract concluded between the vendor and the buyer must be drawn up in duplicate, with one copy provided to the buyer, and signed by both parties. If the contract is executed by electronic mail, Articles 1369-1 to 1369-11 of the civil code will apply. It must include the following clauses:
- 1) The name and address of the vendor, those of its guarantor and insurer, and those of the organizer;
- 2) The travel destination or destinations and, in the case of a segmented trip, the different periods and dates;
- 3) The resources, characteristics and categories of transport used, the dates and places of departure and return;
- 4) The type of accommodation, its location, level of comfort and main characteristics, its tourist classification corresponding to the regulations or customs of the host country;
- 5) The food services offered;
- 6) The itinerary in the case of a tour;
- 7) The visits, excursions or other services included in the total price of the trip or holiday;
- 8) The total price of the services invoiced and an indication of any amendment to this price according to the provisions of Article R. 211-8;
- 9) An indication, if applicable, of fees or taxes relating to certain services such as landing fees, quay landing or loading charges in harbors or airports, visitors’ taxes if they are not included in the price of the service or services provided;
- 10) The schedule and terms of payment of the price; the last payment made by the buyer must not be less than 30% of the price of the trip or holiday and must be settled upon presentation of the documents confirming the trip or holiday;
- 11) The special terms requested by the buyer and accepted by the vendor;
- 12) The terms according to which the buyer is authorized to issue a claim against the vendor for the non-fulfillment or incomplete fulfillment of the contract which must be sent as soon as possible by any means allowing an acknowledgement of receipt to be obtained from the vendor, and if applicable, notified in writing, to the travel organizer and service provider concerned;
- 13) The deadline by which the buyer must be informed in the event of the cancellation of the trip or holiday by the vendor if this cancellation is linked to a minimum number of participants according to the provisions of the 7th paragraph of Article R. 211-4;
- 14) The contractual cancellation terms;
- 15) The cancellation terms provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
- 16) Details concerning the risks covered and the total guarantees listed in the insurance contract covering the consequences of the professional liability of the vendor;
- 17) Details concerning the insurance policy covering the consequences of certain cases of cancellation subscribed for by the buyer (policy number and name of the insurance company) and those concerning the salvage contract covering certain specific risks, notably repatriation costs in the case of an accident or illness; in this case, the vendor must provide the buyer with a document specifying at least the risks covered and the risks excluded;
- 18) The period of notice to be given to the vendor should the buyer wish to terminate the contract;
- 19) The commitment to provide the buyer with the following information at least ten days prior to the planned departure date:
- a) The name, address and telephone number of the local representative of the vendor or, failing that, the names and addresses and telephone numbers of local organizations which would be able to assist the consumer in the event of difficulties or, failing that, a telephone number on which the vendor may be contacted in an emergency,
- b) For trips and holidays involving minors abroad, a telephone number and address allowing direct contact to be made with the child or the individual responsible for the latter in the location concerned.
- 20) The clause for the termination and reimbursement, without application of penalties, of the amounts paid by the buyer in case of failure on the part of the vendor to comply with its obligation to inform as defined in paragraph 13 of Article R.211-4;
- 21) An undertaking to inform the buyer in a timely manner of the departure and arrival times before the journey or holiday.”
Article R. 211-7: "The buyer may transfer his contract to an assignee who fulfills the same conditions as the former in terms of partaking in the trip or holiday provided that this contract has not taken effect.
In the absence of more favorable stipulations for the assignor, the latter is bound to inform the vendor of his decision by any means allowing an acknowledgement of receipt to be obtained from the vendor at the latest seven days before the start of the trip. This deadline shall be extended to fifteen days for cruises. This transfer shall not under any circumstances be subject to authorization from the vendor.”
Article R. 211-8: "If the contract comprises a specific possibility for a price adjustment within the limits provided for in Article L. 211-12, it must refer to both upward and downward calculation terms, price variations and in particular the total amount of transport costs and associated taxes, the currency or currencies which may affect the price of the trip or holiday, the proportion of the price to which the variation applies, the rate or the currency or currencies used as a reference for the setting of the price stated in the contract.”
Article R. 211-9: “If, prior to the departure of the buyer, the vendor is required to amend one of the essential elements in the contract such as a significant price increase, and when unaware of the obligation to inform as mentioned in paragraph 13 of Article R. 211-4, the buyer may, without prejudice to action for the rectification of damage which may have been incurred and after being informed by the vendor by any means allowing an acknowledgement of receipt to be obtained from the vendor:
- either cancel the contract and obtain the immediate reimbursement of the amounts paid without penalty;
- or accept the amendment or substitute trip proposed by the vendor; an additional clause specifying the amendments made shall be signed by the parties in this case; all price decreases shall be deducted from any residual amounts which may be owed by the buyer and, if the payment already made by the latter exceeds the amended service price, the excess amount shall be reimbursed prior to the departure date.”
Article R. 211-10: “In the case provided for in Article L. 211-14, if the vendor cancels the tour or stay prior to the departure of the buyer, he must inform the buyer by any means allowing an acknowledgement of receipt to be obtained from the vendor; the buyer, without prejudice to action for the rectification of damage which may have been incurred, shall obtain from the vendor the immediate reimbursement of the amounts paid without penalty: in this case, the buyer shall receive compensation which is at least equal to the penalty which he would have incurred if the cancellation had been made at his request on that date.
The provisions of this Article shall in no way impede the conclusion of an amicable agreement whose aim is to encourage the buyer to accept a substitute tour or stay proposed by the vendor.”
Article R. 211-11: "If, following the departure of the buyer, the vendor is unable to provide a significant proportion of the services provided for in the contract representing a considerable percentage of the price honored by the buyer, the vendor must take the following steps without delay without prejudice to action for the rectification of damage which may have been incurred:
- the vendor shall either offer services to replace the intended services, covering any price supplement if applicable, and, if the services accepted by the buyer are of an inferior quality, the vendor shall reimburse the price difference upon the buyer’s return;
- or, if the vendor is unable to offer a replacement service or if the latter is refused by the buyer for valid reasons, the vendor shall provide the buyer without a price supplement with transport tickets to provide for the buyer’s return to the place of departure or any other location accepted by both parties under conditions which may be considered equivalent.
The provisions of this Article are applicable in case of any failure to respect the obligation defined in paragraph 13 of Article R. 211-4.”