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GENERAL TERMS AND CONDITIONS OF SALE

PRESENTATION

IMPORTANT: Please read these Terms and Conditions carefully: they set out the terms and conditions of sale that the Customer accepts by ordering the Services. These Terms and Conditions are enforceable in the same way as any other signed written contract. If the Client does not agree with the terms of these Terms and Conditions, the Client is not permitted to make a Booking.

Between the undersigned : 

The company SOCIETE TOURISME HOSPITALET, a general partnership registered in the Trade Register under number 382 441 8977 00016, whose registered office is located at Route de Narbonne - BP 20409 - 11100 NARBONNE, and whose VAT number is FR 03 382 441 897. 

Hereinafter referred to as "CHÂTEAU L'HOSPITALET",

On the one hand, 

And 

Any natural person wishing to book an experience on the website www.visiter-vignoble-occitanie.com

Hereinafter referred to as the "Client",

On the other hand, 

The following has been stated and agreed: 

Article 1. DEFINITIONS

Client: refers to any natural person browsing and/or wishing to make a Reservation on the Site. 

General Conditions: refers to these general booking conditions. 

Contract: means these General Conditions and any document attached to them. 

Experience: refers to the guided tours, wine tours or tastings that CHÂTEAU L'HOSPITALET presents and offers for Reservation on the Site. 

The company SOCIETE TOURISME HOSPITALET, a general partnership registered in the Trade Register under number 382 441 8977 00016, whose registered office is located at Route de Narbonne - BP 20409 - 11100 NARBONNE, and whose VAT number is FR 03 382 441 897

The Internet refers to different networks of servers located in various places around the world, linked together by communication networks, and communicating using a specific protocol known as TCP/IP.

Reservation: means the reservation of a Service by the Client on the Site. 

Site: refers to the infrastructure developed by CHÂTEAU L'HOSPITALET according to the computer formats usable on the Internet, including data of various kinds, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by the Client to find out about and book the Services. The Site is accessible at the following address www.visiter-vignoble-occitanie.com

Services: refers to any service presented and offered for Reservation by CHÂTEAU L'HOSPITALET on the site, and in particular the guided tour, tasting, experience or Wine Tour services where applicable. 

Participant: means the Client and any person for whose benefit the Client has entered into the Contract and who will use the Services under the conditions set out below. The Client is responsible for the Participant's compliance with the provisions of these General Conditions. 

Article 2. SUBJECT 

CHÂTEAU L'HOSPITALET has a tourism activity for which it offers Reservation Services on the Site. 

The present General Conditions define the conditions according to which CHÂTEAU L'HOSPITALET allows its Clients to Book Services on the Site.

The Client and CHÂTEAU L'HOSPITALET agree that their relations as well as access to and use of the Site will be governed exclusively by :

  •  The present General Conditions, to the exclusion of all other conditions and that they will prevail, if necessary, over any other version or any other document;
    - The Privacy Policy of the
    website - The applicable laws and/or regulations. 

These General Conditions define the rights and obligations of the parties in the context of the Booking and use of the Site.  

They are made available to the Customer on the Site where they can be consulted directly. 

The use of the Site and the Reservation imply :

  •  The Client's knowledge and unreserved acceptance of these General Terms and Conditions and of the Site's Privacy Policy.
    - The Client's technical competence to use the Site;
    - The Client's awareness that the Booking does not require a handwritten signature.  

Each Client undertakes to respect the purpose of the Site and not to use it in such a way as to divert it from its purpose of presenting the Services and making Reservations.

CHÂTEAU L'HOSPITALET reserves the right to modify its General Conditions at any time. 

In the event of modification, the General Conditions applicable are those in force on the date of the Reservation by the Client, a dated copy of which may be given to him at his request by CHÂTEAU L'HOSPITALET. 

The fact that CHÂTEAU L'HOSPITALET does not claim the application of any clause of the present General Conditions or acquiesces in its non-execution, whether permanently or temporarily, cannot be interpreted as a waiver by CHÂTEAU L'HOSPITALET of the rights that derive for it from the said clause.

These Terms and Conditions were last updated on 31 April 2021. This edition cancels and replaces all previous versions.

Article 3. RULES OF CHÂTEAU L'HOSPITALET

3.1 Experience categories

CHÂTEAU L'HOSPITALET offers three (3) categories of experience for booking:

- The guided walking tour followed by the tasting;

- The guided tour on an electric scooter followed by a tasting;

- Tasting only;

The detailed characteristics of each category of Experience are set out on the Website

Animals are not allowed in the enclosed areas of Château l'Hospitalet. 

3.2 Availability

The experiences are offered for Reservation by CHÂTEAU L'HOSPITALET on the Site within the limit of the places available for the slots and dates indicated by the Client. 

In the event of an experience being unavailable, after validation of the Reservation, CHÂTEAU L'HOSPITALET will inform the Client by email as soon as possible. 

The Reservation may then, depending on the Client's wishes, be cancelled or modified by the Client if an experience of another category is available.

 

Article 4. RESERVATION

Reservations for an experience can be made at the Château l'Hospitalet shop, at the Château l'Hospitalet reception, on the app, on the Website, by email or by telephone.

4.1 Online booking

4.1.1 Choosing the Experiment

To make a Booking on the Site, the Client must first pre-select the category of Experience he wishes to book. 

The Client must then indicate the date of the experience on which he wishes to proceed with the Booking of the Experience. The Client will then have the choice of confirming the pre-selected category of Experience if it is indeed available on the desired dates, or modifying the said category of Experience, depending on the availability of CHÂTEAU L'HOSPITALET and the rate displayed per day. 

The Customer will then have access to a summary of the characteristics of the Experience and the Services included in the price displayed (for example, number of wines to be tasted, duration of the visit, etc.).

The Client should then click on "Book Now". 

The Client will then have access to the summary of his Booking including the category of the Experience, the chosen method of booking, the date and time of the start of the experience, the number of Participants and the price.

The Client must confirm the Booking by clicking on "Proceed to payment". 

4.1.2 Communication of information

Once the Experience category has been selected, the Customer must then provide his contact details, and in particular his surname, first name, email address and telephone number. 

All the information concerning the Client is intended for CHÂTEAU L'HOSPITALET in order to register the Client's Reservation. The information communicated is processed and kept by CHÂTEAU L'HOSPITALET in accordance with the Confidentiality Policy. 

The mandatory information is the Client's surname and email address. Any other information is provided by the Customer on a voluntary basis.

4.1.3 Payment

In order to complete the Reservation, the Client must then proceed to pay the total amount of the reservation by credit card (Mastecard, Visa or American Express). The Client guarantees that he/she is fully entitled to use the means of payment he/she is using.

The Reservation only becomes firm and definitive after express acceptance by CHÂTEAU L'HOSPITALET and receipt of the reservation fee. 

Once the Reservation has been validated and payment has been made, the Client will receive confirmation of the Reservation by e-mail at the address provided, summarising the following

  1. a) Information on the essential characteristics of the Booking and the Experience,
    b) The Booking number,
    c) The price of the Booking,
    d) The duration of the experience,
    e) The conditions for cancellation of the Booking.

4.2 Booking by email

Reservations by email should be made to the following address

Contact@gerard-bertrand.com  

The same information as for the online Booking of the Experience will then be requested from the Client, namely, the category of Experience desired, the number of Participants accompanying the Client, and the dates of the Experience. 

The Client will then receive a summary of the Reservation by email summarising the elements relating to the Reservation and in particular

  1. a) Information on the essential features of the Booking and the Experience,
    b) The Booking number,
    c) The price of the Booking,
    d) The duration of the experience,
    e) The conditions for cancelling the Booking.

This summary will be accompanied by the General Conditions.

The Client must check the content of this summary as soon as possible and immediately inform CHÂTEAU L'HOSPITALET of any errors or omissions.

The Client must validate this summary to CHÂTEAU L'HOSPITALET by return email. This email will be considered as validation of the Reservation by the Client and acceptance of the General Conditions. The Client must then communicate his/her bank details to allow CHÂTEAU L'HOSPITALET to deduct the amount of the reservation. 

The Reservation only becomes firm and definitive after express acceptance by CHÂTEAU L'HOSPITALET and receipt of the balance. 

Once the Reservation has been confirmed by CHÂTEAU L'HOSPITALET, and payment has been made, the Client will receive a confirmation of the Reservation by e-mail at the address that has been communicated, summarising the characteristics of the Reservation. 

4.3 Booking by telephone

The Client may make a Reservation by telephone on the following number: +33 (0)4 68 45 27 03 (cost of the telephone operator).

In this case, the same information as for the online booking of the Experience will be requested from the Client. Although this order cannot be assimilated to canvassing by telephone governed by the provisions of article L221-6 of the Consumer Code, given that the Client recognises and accepts that he is at the initiative of the reservation, CHÂTEAU L'HOSPITALET will send a written confirmation of the offer which will have been proposed to the Client. In this respect, the Client acknowledges and accepts that in order to place an order by telephone, he/she must have a valid email address to which the contractual documents will be sent.

The Client will inform CHÂTEAU L'HOSPITALET by telephone of the category of Experience he wishes to reserve, the number of Participants accompanying the Client, and the dates of his experience. At the end of the Reservation, CHÂTEAU L'HOSPITALET will summarise to the Client the elements concerning the Reservation, and in particular, the category of Experience selected, the number of Participants and the dates of the experience. 

The Customer shall also indicate the method of payment used.

The Client will then receive a summary by email summarising the elements relating to the Reservation and in particular

  1. a) Information on the essential characteristics of the Booking and the Experience,
    b) The Booking number,
    c) The price of the Booking,
    d) The duration of the experience,
    e) The conditions for cancellation of the Booking.

This summary will be accompanied by the General Conditions. 

The Client must check the content of this summary as soon as possible and immediately inform CHÂTEAU L'HOSPITALET of any errors or omissions.

If the Client validates this summary, he will confirm it to CHÂTEAU L'HOSPITALET by return email. This email will be considered as validation of the Reservation by the Client and acceptance of the General Conditions. He will communicate his bank details to enable CHÂTEAU L'HOSPITALET to take a deposit.

The Reservation only becomes firm and definitive after express acceptance by CHÂTEAU L'HOSPITALET and receipt of the deposit. 

Once the Reservation has been validated and payment has been made, the Client will receive a confirmation of the Reservation by e-mail at the address that has been communicated, summarising the characteristics of the Reservation. 

Article 5. PRICES AND PAYMENT TERMS

5.1 Prices

The price of the Reservation is the current price indicated in the Reservation summary accessible before validation of the Reservation. 

The price is fixed by CHÂTEAU L'HOSPITALET at its own discretion, and may be subject to modifications and variations in the course of time, in particular according to the reservation periods. 

The price is inclusive of all taxes (VAT and other taxes applicable on the day of the Booking, excluding the experience tax) and is per Experience for the number of Participant(s), according to the booking method chosen and the dates selected.

The price includes :

- The Experience concerned ;

All Bookings are payable in Euros.

Any change in the applicable VAT rate, exchange rate or any other legal or regulatory taxes imposed by the competent authorities may be reflected in the price of the Experience offered for Booking on the Site. 

5.2 Payment

The Client shall pay the amount of the reservation by credit card (Bank Cards, Mastercard, Visa, American Express, Apple Pay, Bancontact, EPS, giropay, Ideal, Przelewy24, SEPA, Sofort). 

For online reservations, CHÂTEAU L'HOSPITALET has chosen Stripe to secure online payments by credit card. 

The online provision of the credit card number and/or the validation of the Reservation and its payment shall constitute proof of the completeness of the said Reservation in accordance with the provisions of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signatures, and shall be deemed to constitute payment of the sums involved in the Reservation.

This validation is equivalent to the signature and express acceptance of all operations carried out with CHÂTEAU L'HOSPITALET, and in particular the Reservation.

However, in the event of fraudulent use of his bank card, the Client is invited, as soon as this use is noticed, to contact the CHÂTEAU L'HOSPITALET customer service by e-mail at the following address: contact@gerard-bertrand.com

It is expressly agreed that, except in the case of an obvious error on the part of CHÂTEAU L'HOSPITALET, the data kept in the computer systems of CHÂTEAU L'HOSPITALET, in reasonable conditions of security, have evidential value with regard to the Reservations made by the Client. 

Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative force as any document drawn up, received or kept in writing.

CHÂTEAU L'HOSPITALET reserves the right to refuse any Reservations if they prove to be abnormally high and/or if the Client does not respect the present General Conditions of Sale. 

For on-site reservations, payment may be made by cheque or credit card. CHÂTEAU L'HOSPITALET may ask for proof of identity in order to prevent fraud. 

The Client guarantees that he/she is fully authorised to use the bank card or chequebook and that he/she has sufficient funds to cover the costs of the order. Under no circumstances can CHÂTEAU L'HOSPITALET be held responsible for the fraudulent use of the Client's bank card, cheque book or bank account.

Any bank charges related to payments by bank card shall be borne by the Customer. These costs correspond to any charges levied exclusively by the Customer's banking institution as a result of the use of his bank card. 

 

 

Article 6. CANCELLATION OF THE RESERVATION

The Client is informed that, pursuant to Article L 221-28 12° of the Consumer Code, the right of withdrawal may not be exercised for contracts "for the provision of Experience services [...] which must be provided on a specific date or at a specific time". Consequently, the Client does not benefit from the right of withdrawal provided for by the Consumer Code in respect of the Experience Reservation.

However, depending on the period of the experience and the rate applied, the Client may cancel the Booking up to ten (10) days before the start date of the experience under the conditions explained in the Booking confirmation. The Client is invited to refer to the Booking confirmation which sets out in detail the cancellation conditions specific to the Booking made. In this case, all or part of the price of the Booking may be refunded. 

The refund of the Reservation, if any, will be made using the same method of payment as that used by the Client for the original transaction within 10 days. 

The Client acknowledges that only the cancellation conditions mentioned in the Booking confirmation are binding on the Client to the exclusion of any other conditions. 

Article 7. ACCESS TO THE SITE

Access to the Site is free of charge for any Customer with Internet access. 

Costs relating to access to the Site, in particular access to the Internet, are the sole responsibility of the Customer. 

The Site is accessible at all times. 

However, CHÂTEAU L'HOSPITALET reserves the right, without prior notice or compensation, to temporarily or permanently close the Site, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times.

Article 8. LIABILITY

The Client undertakes to use the Experience and the Site in accordance with their purpose, good morals and public order. 

The Client guarantees that the Participants comply with these General Conditions. 

Any behaviour contrary to the purpose of the Experience, good morals and public order may lead CHÂTEAU L'HOSPITALET to remove the Client from the Experience without compensation and/or reimbursement of the sums incurred by the Client in respect of the Reservation. 

CHÂTEAU L'HOSPITALET declines all responsibility in case of theft, damage and/or loss of the Client's belongings. 

The Client is responsible for any damage and/or deterioration to the Experience in which they are staying during the dates indicated on the Booking confirmation.  

CHÂTEAU L'HOSPITALET will not be held responsible for any indirect damage due to the present General Conditions, in particular operating loss, third party actions or actions of its partners. 

CHÂTEAU L'HOSPITALET can never be held responsible for any content - even illicit - from outside, even if the Site contains a link to said content.

CHÂTEAU L'HOSPITALET cannot be held responsible for photographs and/or texts that do not allow the Client to visualise the Experience in a complete and totally faithful manner.

CHÂTEAU L'HOSPITALET cannot therefore be held responsible for any error in one of these photographs or texts. 

However, CHÂTEAU L'HOSPITALET undertakes to describe as accurately as possible or to present a photograph of the Experiences offered for Reservation on the Site.

In all cases, CHÂTEAU L'HOSPITALET cannot be held responsible if the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French jurisprudence and provided for in Article 10 of these General Conditions, or to the act of the Client.

CHÂTEAU L'HOSPITALET cannot be held responsible by the Client for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of a computer virus. 

The Customer is responsible for the proper functioning of his computer equipment and his access to the Internet. 

The same applies to any hypertext links on the Site. 

Article 9. FORCE MAJEURE

Neither CHÂTEAU L'HOSPITALET nor the Client may be held responsible if the execution of the Reservation is delayed or prevented due to a case of force majeure or an act of God, due to the other party or a third party or due to external causes such as social conflicts, health crises, intervention by the civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.

Article 10. INTELLECTUAL PROPERTY

All the elements of the Site, whether visual or audio, including software, all the intellectual property rights such as brands, service marks, trademarks and copyrights are the exclusive property of CHÂTEAU L'HOSPITALET.

Unless otherwise stated, the intellectual property rights on the documents contained on the Site and each of the elements created for this Site are the exclusive property of CHÂTEAU L'HOSPITALET, which does not grant any licence or any other right than that of consulting the Site.

The reproduction of any page or content of the said Site by the Client or by any third party is subject to prior written authorisation from CHÂTEAU L'HOSPITALET.

The reproduction of any documents published on the Site is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

It is forbidden to use the brands, images or any other element on which CHÂTEAU L'HOSPITALET holds intellectual property rights.

You may not copy, modify, create a derivative work, reverse engineer or otherwise attempt to locate the source code (except as permitted by law), sell, assign, sub-license or otherwise transfer any rights in the software and the Site.

It is also forbidden to modify the Site or to use modified versions of the Site and in particular (without this list being limitative) with a view to obtaining unauthorised access to the Site and to access the Site by a means other than the interface provided by CHÂTEAU L'HOSPITALET for this purpose.

The Site and any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property or other laws.

The Client who has a personal Internet site and who wishes to place, for personal use, a simple link on his site referring directly to the CHÂTEAU L'HOSPITALET site, must request prior written authorisation from CHÂTEAU L'HOSPITALET.

In all cases, any unauthorised link must be removed on simple request from CHÂTEAU L'HOSPITALET.

Article 11. ARCHIVING AND EVIDENCE

The click made when validating the Reservation and the confirmation by email of the acceptance of the Reservation constitute an electronic signature which has, between the Client and CHÂTEAU L'HOSPITALET, the same value as a handwritten signature. 

Reservation confirmations and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with Articles 1366 and 1367 of the French Civil Code.

The computerised records of CHÂTEAU L'HOSPITALET will be considered as proof of the communications, subscriptions, payments and transactions between CHÂTEAU L'HOSPITALET and the Client.

Article 12. LITIGATION 

In the event of a dispute with CHÂTEAU L'HOSPITALET, the Client must first contact CHÂTEAU L'HOSPITALET by email at contact@gerard-bertrand.com or by post Legal Department - Route de Narbonne - BP 20409 - 11100 NARBONNE

In the event that the request for a complaint to CHÂTEAU L'HOSPITALET is unsuccessful or in the absence of a response within a period of two (2) months, the Client may submit the dispute between him and CHÂTEAU L'HOSPITALET to a mediator(Association of European Mediators) who will attempt, in complete independence and impartiality, to bring the parties together in order to reach a solution. 

The Customer has access to a complaint form on the mediator's website (https://www.mediateurseuropeens.org/) of a complaint form in order to submit his request for mediation. 

The Client and CHÂTEAU L'HOSPITALET remain free to accept or refuse recourse to the settlement of a dispute by mediation as well as to accept or refuse the solution proposed by the mediator.

In the absence of an amicable agreement, the competent court to resolve the dispute is the court of the defendant's domicile or the court of the place of performance of the Booking. 

The Client may also, if he so wishes and independently of any other procedure for settling his dispute with CHÂTEAU L'HOSPITALET, use the online dispute settlement platform proposed by the European Union:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

The present General Conditions are subject to French law. 

In case of difficulty of interpretation resulting from a contradiction between the French version and any other language version, only the French version will be taken into account. 

Article 13. GENERAL PROVISIONS

13.1 Entirety of the Contract

CHÂTEAU L'HOSPITALET and the Client recognise that the present General Conditions constitute the entire agreement between them and replace any previous offer, provision or agreement, whether written or verbal.

13.2 Good faith

CHÂTEAU L'HOSPITALET and the Client agree to perform their obligations in good faith. 

13.3 Securities

In case of difficulties of interpretation resulting from a contradiction between any of the headings in the Articles and any of the Articles, the headings shall be declared non-existent. 

13.4 Invalidity

If any of the stipulations of these General Terms and Conditions were to prove null and void with regard to a rule of law in force or a judicial decision that has become definitive, it would then be deemed unwritten, without this leading to the nullity of the General Terms and Conditions as a whole or altering the validity of its other provisions.

13.5 Direct debit

CHÂTEAU L'HOSPITALET and the Client elect domicile at the addresses indicated on the Booking validation for the Client and at the address appearing in the present General Conditions of Sale for CHÂTEAU L'HOSPITALET.

 

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