TERMS AND CONDITIONS OF SALE AND USE OF THE WWW.WINE-DAY-TOURS.COM WEBSITE

PARIS WINE AND COUNTRY TOUR, commercial name PARIS WINE DAY TOURS is a Private Company (SAS) with a capital of 10 000 Euros. Its headquarter is situated at 12 bis, rue Soyer, 92200 Neuilly sur Seine, France. The company is registered at the « Registre du Commerce et des Sociétés de Nanterre » under Company Registration n° 520 704 214.

- Licensed Travel Agent (Licence number IM092100015).

- Financial Guarantor: APS, 15, avenue Carnot, 75017 Paris, France. 



- Travel Agent’s Public and Professional Liability Insurance per Article 6 of Decree n° 94490 dated 15 June 1994, France: Policy n° RCP0085637,
   held with HISCOX. 




PARIS WINE AND COUNTRY TOUR, offers on its website at http://www.wine-day-tours.com (hereinafter referred to as the "Site") tourist services, in particular excursions, events and touristic package, various good and special offers.

PARIS WINE AND COUNTRY TOUR acts according to the conditions as defined by the law n°92645 of July 13th 1992 laying down the conditions relative for the organization of travel-related business, the sale of holidays or travel packages and the decree n°94490 dated June 15th 1994 (the French text of articles 95-103 of this decree are at your disposal at the end of the General Terms of Sale)

The present Terms and Conditions are valid from 01 June 2010 until further notice. The present Terms and Conditions cancel and replace all previously issued Terms and Conditions.



Article 1. Definitions and Scope 



1.1 Definitions 


The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

The "User" means any moral or physical person using the Site to navigate, obtain information, make a reservation, order and/or purchase one or more Services offered on the Site. 



"Partner" means any or all suppliers of Services. 



"Service" means any or all services offered on the Site, in particular the sale of transportation services, tours and restaurant packages.



1.2 Scope
The present Terms and Conditions of Sale and Use (hereinafter called the “Terms and Conditions”) govern the offer and supply of Services.

The Services may only be ordered by Users who have read and accept unconditionally, all the Terms and Conditions, and acknowledge this by ticking the box provided therefore. It is impossible for the User to complete the ordering process without indicating their full acceptance in this way.

The Terms and Conditions may be modified without notice at any time, it being understood that such modifications will not apply to orders for Services which have already been accepted by Paris Wine and Country Tour for and on behalf of the Partner(s) concerned. It is therefore imperative that the User always refers to and accepts the Terms and Conditions when placing their order, in particular to ensure they are fully aware of the provisions currently in force. 





Article 2. Ordering using the www.wine-day-tours.com Site 



Legal Capacity and Use of the Site 



The purpose of the Site is to assist the User to find Services relating to travel and information, and to make suitable booking. The User must be aged 18 or over and must be legally capable of entering into the contract as provided by the Terms and Conditions for using the Site.

Except in the event of Fraud where the User is required to supply proof thereof, the User is responsible for all financial matters they conduct on the Site, in particular the use that will be made of their email address and password. The User also guarantees the accuracy and the truthfulness of the personal details they provide when using the Site. 



Fraudulent use of the Site or any usage which contravenes the present Terms and Conditions will result at any time in the User being refused access to the Services.



Orders and Cancellation 



The User may only place an order using the Site once they have acknowledged their acceptance of the present Terms and Conditions.

Confirmation of the order will be sent to the User using electronic mail within a period not exceeding two days following the date of the order, and will include essential elements making up the order such as the name of the Service(s) ordered and the price.

All the Terms and Conditions pertaining to cancellations, changes to orders and/or refunds are accessible directly from the Site prior to making any reservations, and are also provided in the order confirmation or in any Special Terms and Conditions where applicable.

All cancellations and changes to orders must be made by email, with the read receipt/acknowledgement option enabled, to be sent to the following address:contact@winedaytours.com


Cancellation costs:

- over 1 month, to cover the costs (Credit card fees, Cancellation costs,...) 10% will be due
- between 30 and 8 days before the services begin, 40% of the overall price
 
- between 7 and 3 days before the services begin, 70% of the overall price

- for cancellations less than 72 hours poor to departure, no refund will be payable 
- NO REFUND FOR NO SHOW (Whatever the reasons)

Any refund due to the User following a cancellation or change to a booking made by the User, will be paid within a reasonable period of time, after deduction of any amounts remaining due per the table above. 



Payment and Proof of Purchase

The prices quoted on the Site are provided in Euros and include all taxes and duties except where otherwise stated. 


Payment must be made using a banker’s card and the secure payment system available on the Site at the time of the reservation or when the order is placed. 


The User is then responsible for printing the voucher on their own printer, the voucher will be sent to the User by mail once their reservation has been confirmed. 



Article 3. Personal Data Protection 


The Site has been registered formally with the CNIL (the French Data Protection Authority) under registration number 1432454.

The information provided by the User on the Site is intended to enable the User’s order to be processed and completed. 



In accordance with Article 32 of France’s Loi Informatique et Libertés of 6 January 1978 as amended by the Law 2004-801 dated 6 August 2004, all information which is crucial for the processing and completion of the order is indicated using an asterisk on the pages on the Site (available on www.cnil.fr/english/).

All other information requested from the User is optional and pertains to the User’s interest in offers which may be sent to them. This information is intended purely to improve PARIS WINE AND COUNTRY TOUR, understanding of the User and improve the range of Services it offers. 








Article 4. Reproduction of Articles 95 to 103 of French Decree n° 94-490 dated 15 June 1994

Article 95
Without prejudice to the exclusions provided for in the second paragraph (a and b) of article4 of the Act of 13th July 1992, any offer and any sale of travel and holiday services give rise to the relevant documents being handed over, these documents meeting the rules defined by thisheading. In the case of the sale of tickets for transport by air or the sale of tickets for transport by regular services not accompanied by services linked with these transport services, the seller hands over to the purchaser one or more travel tickets for the entire journey issued by the carrier or on his own account. In the case of transport being provided on request, the name and address of the carrier on whose account the tickets have been issued, must be mentioned. The separate invoicing of the various elements making up a package does not release the seller from any obligations coming under this heading.
 
Article 96
Prior to the signing of the contract in the form of a written document giving the company’s name, address and indication of its official right to exercise its business activity, the seller must give the consumer all relevant information concerning the rates, dates and component parts of the services provided for the journey or the holiday such as:
1. the destination, means, nature and categories of transport involved,
2. the type of accommodation, its location, grade and major characteristics, official approval and tourist category corresponding to the regulations and customs in use in the host country,
3. the meals provided,
4. the description of the itinerary in the case of a tour,
5. the administrative and health formalities to be carried out especially in the case of crossing borders, together with the deadlines by which such formalities must be terminated,
6. visits, excursions and other services included in the package or which may be available against payment of a supplement,
7. the minimum or maximum size of the group enabling the journey or holiday to take place and, if the journey or holiday will only take place if there is a sufficient number of participants, the deadline by which the consumer must be informed should the journey or holiday be cancelled; this date may not be set at less than 21 days before the scheduled departure date,
8. the amount and percentage of the rate which is to be settled as a deposit on signing the contract and the dates by which the balance must be paid,
9. the rules for reviewing prices as laid down in the contract in application of article 100 of this decree,
10. the contractual terms of cancellation,
11. the terms of cancellation as defined by articles 101, 102 and 103 hereinafter,
12. all relevant information regarding the risks covered and the amount of guarantees underwritten in the insurance policy covering the consequences of the professional civil liability of travel agencies and the civil liability of non profit-making associations and organizations belonging to local tourist organisations,
13. information concerning optional insurance policies covering the consequences of certain cases of cancellation or assistance contracts covering certain special risks, in particular repatriation in the case of illness or accident.
 
Article 97
Any prior information given to the consumer binds the seller unless the said information states that the seller expressly reserves the right to modify certain elements therein. In this case, the seller must clearly indicate to what extent this modification may occur and regarding which elements. In all cases, the modifications made to the information given previously must be sent in writing to the consumer before the contract is signed.
 
Article 98
The contract signed between the seller and the purchaser must be written down and drawn up in duplicate, one of which is given to the purchaser, and must be signed by both parties. It must contain the following clauses:
1. the name and address of the seller, his guarantor and insurer and the name and address of the organiser,
2. the destination(s) concerned by the journey, and, in the case of a holiday covering several stages, the various periods and dates involved,
3. the means, nature and categories of transport involved together with the dates, times and places of departure and return,
4. the type of accommodation, its location, grade and major characteristics, official approval and tourist category corresponding to the regulations and customs in use in the host country,
5. the number of meals provided,
6. the itinerary in the case of a tour,
7. the visits, excursions and other services included in the overall price of the journey or holiday,
8. the total price of the services invoiced and indication of any possible review in the invoicing by virtue of the provisions laid down in article 100 hereinafter,
9. indication, if relevant, of any duties or taxes connected with certain services such as landing tax, boarding or disembarking tax in ports and airports and tourist tax, when these are not included in the price of the service(s) provided,
10. the deadlines and rules for the payment of the rates; in all cases, the last instalment made by the purchaser cannot be less than 30% of the price of the journey or holiday and must be settled when the documents enabling the consumer to travel or take his/her holiday are handed over,
11. the special conditions requested by the purchaser and accepted by the seller,
12. the rules by which the purchaser can make a claim towards seller for the non-execution or inadequate execution of the contract, this claim must be sent as quickly as possible by recorded delivery mail and written notification thereof given, if necessary, to the travel organiser and the persons providing the service in question,
13. the deadline by which the seller must inform the purchaser in the case of cancellation of the journey or holiday, where the journey or holiday shall only take place if the minimum number of participants is reached, in accordance with the provisions in point 7 of article 96 hereinabove,
14. the contractual terms of cancellation,
15. the terms of cancellation as defined by articles 101, 102 and 103 hereinafter,
16. all relevant information regarding the risks covered and the amount of guarantees underwritten in the insurance policy covering the consequences of the professional civil liability of the seller,
17. information concerning optional insurance policies covering the consequences of certain cases of cancellation (policy number and name of the insurance company), and assistance contracts covering certain special risks, in particular repatriation in the case of illness or accident; in this case, the seller must five the purchaser a document stating, at the very minimum, the risks covered and the risks excluded,
18. the deadline by which the seller must inform the purchaser in the case of a transfer of contract,
19. an undertaking to provide the purchaser in writing with the following information at least ten days before the scheduled date of departure:
a) the name address and telephone number of the local representative of the purchaser, or, failing this, the names, addresses and telephone numbers of the local organisations which may help the consumer should any difficulties arise, or failing this, a telephone number which will enable the consumer to contact the purchaser in the case of emergency,
b) regarding journeys and holidays abroad for minors, a telephone number and address whereby direct contact can be made with the child or the person in charge during his/her holiday.
 
Article 99
The purchaser may transfer the contract to a transferee who fulfils the same conditions as the purchaser himself/herself to benefit from the journey or holiday, as  long as the contract has not yet taken effect. Notwithstanding any statement more favourable to the transferor, the transferor is bound to inform the purchase of his decision by recorded delivery letter at least seven days before the beginning of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer is in no way subject to the prior authorisation of the seller.
 
Article 100
When the contract explicitly contains the possibility of reviewing the prices within the limits laid down in article 19 of the Act of 13th July 1992, it must mention the precise means of calculation for both rises and reductions in the prices and in particular concerning transport costs and related taxes; currency(ies) which may effect the price of the journey or the holiday; the percentage of the price affected by the variation; the currency rate taken into account when drawing up the prices given in the contract.
 
Article 101
When, before the departure of the purchaser, the seller has no choice but to modify one of the key elements of the contract, such as a significant rise in prices, the purchaser, without prejudice to his/her right to compensation for any damage which may be incurred, and after being so informed by the seller by recorded delivery mail, may:
- either cancel the contract and obtain the immediate reimbursement of all sums paid without any penalty whatsoever,
- or accept the modification or the substitution journey proposed by the seller: an amendment to the contract stipulating the said modifications will then be signed by both parties. Any reduction in the price is deducted from any amounts remaining due by the purchaser, and, if the payments already made exceed the price of the modified service offered, the excess amount must be settled in his/her favour before the date of departure.
 
Article 102
In the case provided for in article 21 of the Act of 13th July 1992, when, before the departure of the purchaser, the seller cancels the journey or holiday, he/she must inform the purchaser by recorded delivery mail; without any prejudice to his/her right to claim compensation for any damage which may have been incurred, the purchaser should receive the immediate reimbursement of the sums paid from the seller without any penalty being incurred; in this case,
 the purchaser receives an indemnity which is at least equal to the penalty he/she would have had to have paid should the cancellation have been made at his/her bidding at this date. The provisions laid down in this article shall not hinder in any way the signing of a friendly settlement, the purpose of which would be the purchaser’s acceptance of a substitution journey or holiday proposed by the seller.
 
Article 103
When, after the departure of the purchaser, the seller is not in a position to provide a sizeable part of the services scheduled in the contract, representing a significant percentage of the price paid by the purchaser, the seller must take the following measures immediately without prejudice to his/her right to claim for any damage which may be incurred:
- either to propose services replacing the scheduled services and possibly accepting to pay any supplement in terms of price, and, if the services accepted by the purchaser are inferior in quality, the seller must reimburse the difference in price as soon as the purchaser returns home,
- or, if the seller cannot propose any substitution service or if the said services are refused by the purchaser for valid reasons, to provide the purchaser travel tickets, without any supplement to the price, to ensure his/her return home in conditions which may be considered as being equivalent, to the place of departure or any other place accepted by both parties.
 
Article 5. Liabilities 


The prices, set according to prevailing economic conditions, together with the times, programmes and durations of itineraries may be amended from time to time: the prices include all Services listed in the descriptions of each offer. 
Photographs and illustrations 
Every effort has been made to supply photographs and illustrations which give the User an indication of the Services being offered. The purpose of these photographs and illustrations are to advise the User of the accommodation category or level of comfort. Beyond this, they have no contractual value in any way. 

PARIS WINE AND COUNTRY TOUR and its Partners will not be held responsible for, and will not guarantee in any way the return of, forgotten personal effects or baggage left behind on coaches, minibuses or any other location. 
The organisers and the Partners reserve the right to cancel or modify itineraries without notice where the comfort or safety of travellers so requires, or in the event of strike action or demonstrations. 
No refunds will be made where the required documents are either lost or not in order. 
In accordance with French Law of 17 September 1977, smoking in the coaches or minibuses is strictly prohibited. 



Article 6. Applicable Jurisdiction


The Terms and Conditions are subject to French Law. Any dispute concerning their interpretation and/or their execution will be brought before the Paris Courts for arbitration. For the purposes of arbitration, the original French version of the present Terms and Conditions shall alone have authenticity. 



Article 7. Intellectual Property 


PARIS WINE AND COUNTRY TOUR is the owner of all intellectual property rights pertaining to all elements contained in the Site. 
As a result, the reproduction, modification, transfer or use of part or all of the Site is prohibited without the express written authorisation of PARIS WINE AND COUNTRY TOUR: partial reproduction of the Site is nevertheless acceptable for solely personal use. 
The resale of products or the use of the Site for commercial purposes without the express written permission of PARIS WINE AND COUNTRY TOUR is strictly prohibited.

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