The EDVB Company, a simplified shar company with a share capital of €604,542 whose head office is located at 21 Avenue Charles de Gaulle – 21200 BEAUNE, registered in the Trade and Companies Register of DIJON under number 440 292 662, registered in the Register of Travel and Stay Operators under number IM021120016 and declared as a training organization with the prefecture of the Bourgogne Franche-Comté Region under number 26.21.02044.21.
1.1. The General Terms of Sale (hereinafter “CGV”) apply without restriction or reservation to all sales transactions offered by the EDVB, entered into with any adult natural person or legal person, having the status of consumer or professional (hereinafter the “Customer”) within the meaning of the preliminary articles of the Consumer Code. The CGV are, if necessary, depending on the nature of the sale transaction entered into, supplemented by the Order Form / or Quote or / Agreement, which prevails over these CGV in the event of any conflict. Depending on the service sold, specific terms may apply.
These terms are fully part of the sales contract.
1.2. The Customer declares that he has the legal capacity to enter into contract.
1.3. The Customer acknowledges having read these CGV and Special Terms as well as all the terms of the proposal before placing his order. The purchase of any services provided by the EDVB entails the Customer’s full acceptance of these CGV as well as the Special Terms of Sale and the unreserved acceptance of all of the provisions thereof.
The EDVB reserves the right to change at any time and without notice these CGV and the Special Terms applicable to its sales and services. In this case, the applicable CGV and/or Special Terms shall be those effective force on the date of the order by the Customer and can be consulted on the following websites www.ecoledesvins-bourgogne.com (hereinafter the “Website”).
The EDVB is only committed after confirmation of the availability of the service and/or product and of the Order to the Customer and payment by the Customer of the sum provided for in the Order Form / or Quote or / Agreement whether it is a deposit or the full price.
All prices are displayed in Euros. They must be checked at the time of approval, by the Customer, of the Order. VAT is always included.
The terms of payment for each service are specified in the sales contract submitted to the Customer. Unless otherwise specified in the Special Terms, the EDVB accepts payment by:
– Bank card (Carte Bleue, Visa, Eurocard / Mastercard),
– Bank and postal checks drawn on a French establishment,
– Transfers: the bank transfer costs remain the responsibility of the customer,
– Cash which is only accepted on the sites of the various Cités des Climats and Burgundy wines located in CHABLIS, BEAUNE and MACON (hereinafter “the Cities”),
– For a start of service less than 5 working days afterwards, only bank cards and cash are accepted. No discount is granted in the event of early payment.
The liability of each of the parties is limited to the commitments entered into by it under the terms of the Order; consequently, the responsibility of the EDVB cannot in particular be incurred in the event of any loss resulting from force majeure within the meaning of article 1218 of the Civil Code. This will be the case in particular in the event of any strike of transportation means, of the personnel, of attacks of insurrection, riot, energy supply difficulties, pandemic or epidemic and any prohibition enacted by government authorities.
The responsibility of the EDVB cannot also be incurred in the event of the occurrence of the following events:
The repairs and reimbursements that appear necessary following the aforementioned losses shall be the sole responsibility of the Customer, who undertakes to bear the costs of repairing the same.
Without prejudice to any compensation that could be obtained or claimed, in the event of non-compliance by the Customer with any of his duties, in particular, in the event of non-payment of the price of the Order, in full or in part, as well as in the event of action(s) by the Customer likely to harm the reputation and/or the brand image of the EDVB, the latter shall be entitled to terminate all or part of the order, without notice, after formal notice by registered letter with acknowledgment of receipt that remains unsuccessful for fifteen (15) days.
In accordance with the amended Act no. 78-17 dated January 6, 1978 relating to data processing, files and freedoms and the European regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, the EDVB respects the confidentiality, integrity and security of the data that the Customer may be required to communicate to it concerning it upon the subscription of his order or the realization of the order. The Customer has, under such provisions, a right of access, rectification, deletion and opposition to the processing of data concerning him by sending a request to the EDVB by post or e-mail mentioned at the top hereof.
The EDVB collects and stores the data exclusively and for the duration strictly necessary for the fulfilment of the Order and in the event of its contractual and/or tort liability being brought into play.
The EDVB reserves the right, where applicable, to pass the Customer’s data to partner companies solely for the purposes of organizing the performance of the Order.
The processing of personal data and the right of Customers to such processing is detailed in the confidentiality policy of the EDVB, available on the website www.ecoledesvins-bourgogne.com.
The EDVB may reproduce or circulate all or part of the service data on its website or on advertising media. Are considered as “service data” the handwritten content of the program of the Company as well as photographs in connection with the service, in silver or digital format, which may have been assigned to it on a provisional or permanent basis by the Customer. The Customer hereby acknowledges assigning the rights relating to the data of the service and formally authorizing their publication on the Internet or on media advertising within the meaning of article 9 of the Civil Code and related case law, in particular image rights. The customer declares that he has obtained the formal express authorizations of the third parties appearing in the data of the service, and thus hold harmless the company from any claim by third parties against it aimed at prohibiting the publication of data from the service or at seeking damages.
The Customer declares that the is aware of the provisions of the paragraphs of this article and that he has the right to refuse any publication and transfer of data rights of the event by bearing the mention “read and approved”, refusal of publication and transfer of rights on the copy hereof transmitted with the contract.
No change in legislation, regulations or court decision rendering one or more clauses of these CGV null and void shall affect the validity of the other provisions of these CGV or the special Terms of Sale.
French law is the only applicable law to the Order.
In accordance with Articles L.611-1 and R.612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes, when a Customer has sent a written complaint to the EDVB without receiving a response or satisfaction, he may submit his complaint free of charge to the Tourism and Travel Mediation according to the methods specified on the website of the latter, accessible at the following address: www.mtv.travel/
If the Customer is a professional, any dispute over the validity, interpretation, performance, resolution or termination of the order and/or these CGV, shall be submitted to the Business Court of Dijon.
These Special Terms apply to any purchase of certifying professional training or any other training as defined in article 1 below, purchased by the Customer from the EDVB.
The EDVB carries out under the brand “L’ECOLE DES VINS DE BOURGOGNE”, certifying training services or any other training, in the field of wine, face-to-face or remotely, intended for all public (hereinafter the ” Training”), in the areas listed below:
– Tasting courses,
– Professional Certificate of Sensory Analysis of Burgundy Wines (C.P.A.S.),
– Taster certificate,
– Any other scheduled or tailor-made professional training and/or workshop around the tasting of Burgundy wines.
For the performance of its missions, the EDVB is likely to call upon third parties for the provision of all or part of the services including but not limited to, facilitation, audio-visual recording, production of any material attached to the Training, which the Customer formally agrees to.
2.1. To place an Order, the Customer must get in touch with the EDVB, by telephone or email or using the contact form on the Website or by email: contact@ecoledesvins-bourgogne.com.
The EDVB will then send him, by post or email, an estimate and/or a Training Agreement, together with these General and Special Terms which it is the Customer’s responsibility to return to the EDVB, signed, accompanied by the payment of a deposit of 30% of the desired Training.
For certain training courses mentioned on the Website, the Customer may also download the training programme, the General and Special Terms and the “Registration Form”. In such a case, to place an order, it will be his responsibility to return the signed General and Special Terms as well as the duly completed registration form, to the EDVB, at the address mentioned on it. Upon receipt, the EDVB will send him a completed Training Agreement to be returned to him.
The EDVB is only committed after receiving the Training Agreement signed by the Customer and the payment of the deposit of 30% of the selected Training.
The balance of the price of the Training must be paid upon receipt of the invoice issued at the end of the Training.
The Customer selects, under his sole responsibility, the Training that he considers corresponds to his needs, the summary of which is stated in the Agreement / Quote, provided or in the Training program.
Upon confirmation of the receipt of his complete file by the EDVB, the Customer receives an order confirmation email containing:
– the duration, date and location of the Training;
– if applicable, the electronic platform on which the Online Training will take place;
– the price of the Unit Training;
– where applicable, any information related to the means necessary to comply with the quality and regulatory criteria related to the Qualiopi qualification of the EDVB.
The training offered includes imperative times and dates, they are nominative and limited to registered participants without the possibility of involving an unregistered accompanying person.
For public health reasons, access to the training is reserved for adults.
2.2. Notwithstanding the provisions above, in the event that the Training is paid for by an OPCO, registration for the Training will only be validated after receipt of the financing agreement issued by the OPCO. Payment will then be made directly by the OPCO to the EDVB, after receipt of the invoice and the attendance certificates signed by the Customer.
With the exception of the period during which the Training is carried out, the Customer has no right of use, copying, reproduction or any exploitation whatsoever on the teaching materials and methods of the EDVB, as the latter does not in any way transfer its copyrights related to the methodology and the originality of its methods and supports.
The Customer agrees to cooperate actively with the EDVB by providing it with the information necessary for the preparation and the organization of the Training, for compliance with Qualiopi requirements and the pedagogical adaptation of the Training.
By placing an order, the Customer declares that the selected Training corresponds to his needs and is adapted to his means and skills, without the responsibility of the EDVB being sought in this respect.
In addition to the provisions of the General Terms of Sale, the EDVB is only bound by an obligation of means, in particular for compliance with the educational purposes and the date of any Training. It cannot under any circumstances guarantee the level of training acquired, the achievement of the Customers’ educational objectives or the consequences of any Training on their professional career.
In application of articles L.221-18 to 28 of the Consumer Code, the Customer has a period of 14 days to exercise his right of withdrawal. The right of withdrawal may be exercised by contacting the EDVB in writing. The right of withdrawal cannot apply for the cases referred to in article L.221-28 of the Consumer Code. In addition, the Customer formally waives his right of withdrawal by placing an Order for a Training whose performance begins before the end of the withdrawal period.
7.1 Cancellation at the initiative of the customer
In the event of waiver by the beneficiary company of the performance of the Training within a period of 21 days before the start date of the service, the beneficiary company agrees to pay 30% of the total amount of the training price as compensation. This amount may not be financed by public or parity funds.
In the event of partial completion, the beneficiary company agrees to pay 30% of the total amount of the service as compensation. This amount may not be financed by public or parity funds and must be specified on the invoice. Only the price of the service partially performed will be invoiced for under professional training.
To be valid, any cancellation request must be sent in writing to the email address: contact@ecoledesvins-bourgogne.com.
7.2 Cancellation at the initiative of the training organization
In the event of total or partial cancellation of the Training due to the EDVB, its partners or a case of force majeure, the EDVB shall offer the Customer a replacement solution. In the absence of acceptance by the Customer of the replacement solution, the EDVB shall make a full refund of the sums paid by the Customer for the cancelled Training. However, the EDVB shall not, under any circumstances, be held to any compensation or indemnification for the benefit of the Customer.
When a minimum number of participants is required, in particular during scheduled training with individual registration and this number is not reached, the EDVB shall inform the Customer at least 10 days before the start date of the Training. The EDVB shall then offer the Customer alternative solution(s) at the current rate or a full refund of the sums paid. However, the EDVB shall not, under any circumstances, be held to any compensation or indemnification for the benefit of the Customer.
For any information or question relating to his Order or the Training, the Customer can send an email to the following address: contact@ecoledesvins-bourgogne.com.
These Special Terms apply to any purchase of a Workshop or an Activity, as defined in article 1 below, purchased by the Customer from the EDVB on the website www.ecoledesvins-bourgogne.com (hereinafter the “website “).
All the terms defined below beginning with a capital letter, whether used in the singular or in the plural, shall have the following meaning in the framework of these Special Terms of Sale:
– Activity: refers to an artistic or leisure service, intended for a family or business audience (including Afterwork).
– Scheduled Workshop or Course: refers to a service and/or a session around wine tasting and/or wine and viticultural culture.
– Customer: refers to any person making a purchase of an Activity or a Workshop (hereinafter “Services”) on the Website and having accepted the General and Special Terms of Sale according to the terms specified below.
– Price list: shall mean the price list of the Cities – one price list per City appearing on the Website www.ecoledesvins-bourgogne.com , “Booking” section.
2.1. Setting up of a Customer / Identification account
To be able to place any order for a Service on the Website, the Customer must set up an account or identify himself on his Customer account. Setting up a Customer account requires entering two (2) personal identifiers: an email address and a password.
To set up his Customer account, the Customer must fill in all the information marked as mandatory. He should declare that the information provided, for which he is solely responsible, is accurate and complete and does not infringe, in any capacity whatsoever, any rights of third parties, whatever they may be. The Customer must activate his account by clicking on an activation link sent by email. It is the Customer’s responsibility to ensure the confidentiality of the identifiers provided when setting up his account. Any connection to a Customer’s account using the identifiers will be presumed to have been done by the Customer himself. The Customer shall be solely responsible for the use of his identifiers by third parties or for actions or statements made through his account, whether fraudulent or not.
The Customer may unsubscribe from the Site at any time, by sending his request to this effect from the site www.ecoledesvins-bourgogne.com.
Unsubscription will be effective within a maximum period of seven (7) days from this request. The Customer shall then no longer have access to his account, which will be deleted.
2.2. Placing and validation of the Order
The Customer selects the type and number of Services that he considers correspond to his needs on the Website, the summary of which is listed in the “Your Basket” tab. In accordance with article 1127-2 of the Civil Code, the Customer will be able to view the details of his order (including the characteristics of the Services ordered, the billing and delivery address, the means of payment and the price summary), correct any errors, before confirming it and expressing its acceptance of the CGV and these Special Terms. The Customer validates his Order by clicking on “Validate” at the end of the ordering process and by ticking the box “I agree to the General and Special Terms of Sale”; the Customer thus declares to have read and accepted, without reservation, all of the General and Special Terms of Sale.
2.3. Payment of the Order
Payment for the Order on the Website is made exclusively by Visa, MasterCard or Eurocard.
After verification of the order and acceptance of the General Terms of Sale under the conditions referred to above, the Customer is redirected to a secure payment server on which he makes his online payment for the Order using his credit card details, which include the number, the expiry date and the cryptogram appearing on the back of the card.
The amount of the Order is debited from the Customer’s bank account upon final validation of the transaction on the Website. The debit of the credit card is independent of the printing of the Tickets.
In case the payment is declined by the payment centre, the transaction is automatically cancelled. Any online purchase is firm and final, no cancellation or modification of the Order by the Customer is possible once payment has been confirmed.
At the end of his order, the Customer receives a purchase confirmation email (proof of transaction), sent automatically by the reservation system. The purchase confirmation includes:
– the summary of the order;
– the date, time and amount of the transaction;
– the downloadable ticket
– a link to the Customer’s personal account
This email has no Ticket value as explained in item 3.
2.4. Order Tracking
The Customer can, at any time, view the summary of his orders by logging into his Customer account.
3.1. Obtaining / Printing the Ticket
Printing of the purchase confirmation email generated by the Website after validation and payment of the Order, does not constitute a Ticket. This document cannot under any circumstances be used as a Ticket and allow access to the Services.
The Tickets are available in the purchase confirmation email sent by the EDVB to the Customer, accessible from the
website www.ecoledesvins-bourgogne.com
To be valid, the Ticket must be printed in one (1) copy on A4 white paper, blank front and back. Tickets downloaded on mobile phones (m-tickets) are also accepted.
Each Ticket has a QR Code allowing access to the City. Good print quality is required. Partially printed, soiled, damaged or illegible Tickets are not accepted and considered invalid. To check the good print quality, the Customer must ensure that the information on the Ticket as well as the QR Code are clearly legible. However, a duplicate may be issued at the cash desk on presentation of an identity document and on indication of the identifier and the reservation date, provided that the Ticket has not been used.
In the event of loss or theft of a Ticket or a duplicate Ticket, only the first person presenting the said Ticket is considered to be the legitimate holder of the Ticket and may access the City. Under no circumstances can the EDVB be held liable in the event of loss or theft of the Ticket.
3.2. Ticket use restrictions
Any reproduction of the Ticket is prohibited.
Any resale of the Ticket is strictly prohibited.
The sale of the Services constituting a provision of leisure activity services to be provided on a specific date or for a specific period, in accordance with the provisions of article L.221-28-12 of the Consumer Code, the provisions of Article L.221-18 of the same code relating to the consumer’s right of withdrawal are not applicable to the purchase of the Services.
Workshops and Activities can be cancelled, postponed and refunded under the following conditions:
o Cancellation more than 30 days before the start of the service: full refund.
o Cancellation less than 30 days before the start of the service: no refund possible.
o Postponement of date possible once within 12 months subject to a notice period of 10 days
Any request for cancellation or modification must imperatively be notified by email to the following address:
beaune@citeclimatsvins.com
6.1. Total or partial closure before the start of the Service
In the event of exceptional closure of the City, a new date for the Service and, where applicable, for the Workshop, will be offered to the Customer. The Customer may nevertheless request, if he does not wish to reschedule his Service, the reimbursement of the Service. The price paid will then be refunded to him within 14 days, to the exclusion of any other compensation or indemnity whatsoever.
No refunds will be made at the counters of the Cités. Any request for reimbursement must imperatively be sent to the following address: beaune@citeclimatsvins.com
6.2. Total or partial closure during the Service
The EDVB cannot be held responsible in the event of a force majeure event disrupting the proper performance of the Service and leading, if necessary, to the interruption thereof. In this case, no refund will be granted.
The same shall apply to the need to close all or part of the City for reasons of public interest, risk of serious disturbance to public order, risk to the safety of persons or property.
7.1 Reception and terms of visit
The Customer, with his Ticket, goes directly to the place of performance of the Service indicated on the order confirmation.
Each of the activities for which a schedule is announced begins at the specific time. Access will be denied to all latecomers without reimbursement or compensation. In the event of a particular event, the Customer must present himself at least 15 minutes before the start of the event. The doors of the room are closed from the start of the event and unoccupied seats are available for replacement. For technical or artistic reasons, access to the rooms is not guaranteed to latecomers.
Entry is accessible to people with reduced mobility who may see with the reception to facilitate their placement.
7.2. Ticket Control
Only the Ticket with a QR Code is valid for accessing the Service.
All Tickets are systematically checked by reading the QR Code on the Ticket.
For Tickets subject to discount, proof of compliance with the conditions of application of the price may be requested. In the event of non-compliance with the terms of the subscribed price, at the end of the check, the Customer will be asked to pay the difference. Otherwise, entry to the Service will be denied.
For any information or question relating to his Order or the City, the Customer may send an email to the following address: beaune@citeclimatsvins.com.
These Special Terms apply to any purchase of a tailor-made leisure or business service (which may include a guided or unguided tour of one of the Cities, a tasting workshop, room rental, a meal service, etc.) whether or not including transport and/or accommodation (hereinafter “Service”) ordered by the Customer from the EDVB.
The brochure, the estimate, the proposal constitutes the prior information referred to in Article R211-4 of the Code of Tourism, reproduced below. Therefore, unless otherwise specified, the characteristics, Special Terms and price of the Service, as indicated in the brochure, the estimate, the proposal, shall be contractually binding, as from the signing of the registration form.
The financial guarantee of the EDVB is provided by the Caisse Régionale de Crédit Agricole Mutuel de Champagne Bourgogne located at 269 faubourg Croncels – 10000 TROYES (SIREN number 775 718 216 RCS Troyes). This financial guarantee insures the consequences of its professional civil liability of travel agents and other operators of trips and stays sales, for an amount of coverage covering bodily injury, damages, financial losses.
PREAMBLE: EXCEPT FROM THE TOURISM CODE
In accordance with article R 211-12 of the Tourism Code, the provisions of articles R 211-3 to R 211-11 of the same code are reproduced below. They are applicable to the organization of the sale of trips, stays and tourist packages within the meaning of articles L 211-1 and L 211-2 of the Tourism Code.
Article R211-3
Any offer and any sale of the services mentioned in Article L. 211-1 should lead to the delivery of appropriate documents which comply with the rules defined by this section.
Article R211-3-1
The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. It can be done electronically. The name or business name and address of the organizer or retailer are mentioned as well as the indication of its registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
Article R211-4
Prior to the conclusion of the contract, the organizer or the retailer must provide the traveller with the following information:
1° The main characteristics of the travel services:
2° The corporate name and geographical address of the organizer and the retailer, as well as their telephone number and, if applicable, electronic contact details;
3° The total price including taxes and, if applicable, all fees, charges or other additional costs, or, when these cannot be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;
4° The terms of payment, including the amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees to be paid or provided by the traveller;
5° The minimum number of people required for the trip or stay and the deadline mentioned in III of Article L. 211-14 preceding the start of the trip or stay for a possible termination of the contract in the event that this number is not reached;
6° General information concerning the conditions applicable to passports and visas, including the approximate duration for obtaining visas, as well as information on the health formalities of the country of destination;
7° A statement indicating that the traveller may terminate the contract at any time before the start of the trip or stay, subject to the payment of appropriate termination costs or, where applicable, standard termination costs claimed by the organizer or the retailer, in accordance with I of Article L. 211-14;
8° Information on compulsory or optional insurance covering the cost of termination of the contract by the traveller or on the cost of assistance, covering repatriation, in the event of accident, illness or death.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the organizer or retailer and the professional to whom the data is sent ensure that each of them provides, before the traveller is bound by a contract, the information listed in this article insofar as it is relevant to the travel services they offer.
The form by which the information listed in this article is brought to the attention of the traveller is set by joint order of the minister responsible for tourism and the minister responsible for the economy and finance. This decree specifies the minimum information to be brought to the attention of the traveller when the contract is entered into by telephone.
Article R211-5
The information mentioned in 1°, 3°, 4°, 5° and 7° of article R. 211-4 communicated to the traveller are part of the contract and can only be modified under the conditions defined in article L. 211-9.
Article R211-6
The contract must include, in addition to the information defined in Article R. 211-4, the following information:
1° The specific requirements of the traveller that the organizer or the retailer has accepted;
2° A statement indicating that the organizer and the retailer are responsible for the proper performance of all the travel services included in the contract in accordance with Article L. 211-16 and that they are required to provide assistance to the traveller if he is in difficulty, in accordance with Article L. 211-17-1;
3° The name of the entity in charge of the protection against insolvency and its contact details, including its geographical address;
4° The name, address, telephone number, e-mail address and, where applicable, fax number of the local representative of the organizer or the retailer, of a point of contact or of another service through which the traveller can quickly contact the organizer or retailer and communicate with him in an efficient manner, request assistance if the traveller is in difficulty or complain about any non-compliance observed during the performance of the trip or stay;
5° A statement indicating that the traveller is required to communicate any non-compliance that he observes during the performance of the trip or stay in accordance with II of Article L. 211-16;
6° When minors, unaccompanied by a parent or other authorized person, are traveling on the basis of a contract including accommodation, information allowing direct contact with the minor or the person responsible for the minor at the place of stay of the minor;
7° Information on the internal procedures for handling complaints available and on the mechanisms for out-of-court settlement of disputes and, if applicable, on the entity to which the professional belongs and on the online dispute resolution platform provided for by regulation (EU) No 524/2013 of the European Parliament and of the Council;
8° Information on the traveller’s right to transfer the contract to another traveller in accordance with article L. 211-11.
With regard to the packages defined in e of 2° of A of II of Article L. 211-2, the professional to whom the data is sent informs the organizer or the retailer of the conclusion of the contract giving rise to the creation of a fixed price. The professional provides him with the information necessary to enable it to fulfil its obligations as an organizer. As soon as the organizer or retailer is informed of the creation of a package, he provides the traveller, on a durable medium, with the information mentioned in 1° to 8°.
Article R211-7
The traveller may assign his contract to a transferee who fulfils the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect.
Unless there is a more favourable provision for the transferor, the latter is required to inform the organizer or the retailer of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. This transfer is not subject, under any circumstances, to the prior authorization of the organizer or the retailer.
Article R211-8
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it mentions the detailed methods of calculating, both upwards and downwards, price variations, in particular the amount of transport costs and taxes related, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, as well as the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
In the event of a price reduction, the organizer or retailer has the right to deduct its actual administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organizer or the retailer provides proof of these administrative expenses.
Article R211-9
When, before the traveller’s departure, the organizer or the retailer finds himself forced to make a change to one of the significant elements of the contract, if it cannot meet the specific requirements mentioned in 1° of Article R. 211-6, or in the event of an increase in price higher than 8%, it informs the traveller as soon as possible, in a clear, understandable and apparent manner, on a lasting medium:
1° Proposed changes and, if applicable, their impact on the price of the trip or stay;
2° The reasonable period within which the traveller must inform the organizer or the retailer of the decision he has taken; 3° The consequences of the traveller’s failure to reply within the set deadline;
4° If applicable, the other service offered, as well as its price.
When changes to the contract or the replacement service lead to a reduction in the quality of the trip or stay or its cost, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the traveller does not accept any other service, the organizer or the retailer shall reimburse all payments made by the traveller or on his behalf as soon as possible and in any case no later than fourteen days after termination of the contract, without prejudice to compensation pursuant to Article L. 211-17.
Article R211-10
The organizer or the retailer makes the reimbursements required under II and III of article L. 211-14 or, under I of article L. 211-14, reimburses all payments made by the traveller or on his behalf minus the appropriate resolution costs. These refunds for the benefit of the traveller are carried out as soon as possible and in any case within fourteen days at the latest after the termination of the contract.
In the case provided for in III of Article L. 211-14, the additional compensation that the traveller is likely to receive is at least equal to the penalty that he would have incurred if the cancellation had taken place because of him on this date
Article R211-11
The aid due by the organizer or the retailer pursuant to Article L. 211-17-1 consists in particular in:
1° Providing useful information on health services, local authorities and consular assistance;
2° Helping the traveller make long-distance communications and finding other travel services.
The organizer or retailer is entitled to charge a reasonable price for this aid if this difficulty is caused intentionally by the traveller or by his negligence. The price invoiced does not in any case exceed the actual costs incurred by the organizer or the retailer.
Notwithstanding the CGV, a Service reservation is only final after confirmation to the Customer by the EDVB of the availability of the Service and after receipt by the EDVB of the deposit provided for in the sales contract submitted to the Customer and paid. at the time of its signing.
To place an Order, the Customer must contact the EDVB, by telephone or email, or using the contact information form on the website www.ecoledesvins-bougogne.com.
The EDVB will then send him, by mail or email, an estimate, accompanied by these General and Special Terms which it is the Customer’s responsibility to return to the EDVB, signed, accompanied by payment for the Service according to the following terms:
– More than 31 days from the date of the Service, a 30% deposit will be required to validate the reservation;
the balance will be due one month before the date of the Service.
– At less than 31 days, the entire Service is owed and should be paid to validate the order.
The EDVB is only committed after having received the quote signed by the Customer and full payment for the Service.
Upon validation of receipt of the signed quote and full payment for the Service, by the EDVB, the Customer receives an email containing order confirmation and a summary of the Service.
The sale of Services constituting a provision of leisure activity services to be provided on a specific date or for a specific period, in accordance with the provisions of Article L.221-28-12 of the Consumer Code, the provisions of Article L.221-18 of the same code relating to the consumer’s right of withdrawal are not applicable to the purchase of the Services.
3.1. Cancelation
3.1.1 The Customer is informed that the subscription of an insurance contract covering the consequences of certain cases of cancellation of the Services or of an assistance contract covering certain specific risks, in particular the costs of repatriation in the event of accident or illness remains optional and is not included in the Service offered by the EDVB. The Customer may, if he wishes, subscribe to such a contract with any insurer.
3.1.2 No cancellation of the Service by the Customer after the EDVB sends the confirmation email may give rise to a refund of the price paid by the Customer.
Similarly, any Service interrupted, shortened or not consumed by the Customer will not give rise to any reimbursement from the EDVB.
3.1.3 In the event of no-show at the start of the Service, the EDVB can only maintain the other Services if the Customer provides the EDVB, within 24 hours of the start of the service initially planned, with a written document to make the formal request. No reimbursement can be granted following Services not consumed due to the non-presentation of the Customer at the time of departure initially planned (hotel nights, meals, etc.). If a late arrival should generate additional costs for the EDVB, such as for example the organization of a new transfer, these costs shall remain the responsibility of the Customer. The EDVB would then make its best efforts to guarantee the other services.
3.1.4 If the cancellation of the stay of one of the registered persons results, where applicable, in the reservation of a single room, instead of a double room, the supplement must be paid prior to departure.
3.2 Assignment of contract
In accordance with the aforementioned article R211-7, the Customer may assign his contract to a third party, provided that he informs the EDVB in writing no later than 7 days before the start of the service, indicating precisely the names and address of the transferee(s) and of the participant(s) in the stay or training and by justifying that they meet the same conditions as him to perform the service.
The transferor and the transferee shall be jointly and severally liable for the payment of any balance of the price as well as any additional costs incurred by this transfer. In any case, if the costs are higher than the aforementioned amounts, the EDVB would be owed the exact amount, which will be invoiced to the Customer upon presentation of supporting documents.
If, due to a hazard beyond the control of the EDVB, the latter were forced to cancel or modify the Service, the following rules would apply:
4.1 Amendment
In the event that the Service is significantly modified in its content by the EDVB, the Customer may terminate his reservation by obtaining the return of all sums paid, to the exclusion of any other sum.
However, he may also have the possibility of subscribing to a new offer proposed by the EDVB. On the other hand, if he decides to participate in the modified service, he irrevocably waives any claim against the EDVB concerning the modifications made to the service.
A service is “guaranteed” when it is not subject to a minimum number of participants.
4.2 Cancellation
In the event of cancellation of the Service by the EDVB, the Customer shall be fully reimbursed. The Customer may not claim any compensation if the cancellation of the stay:
– is imposed by force majeure events,
– takes place due to an insufficient number of participants less than 15 days before departure.
5.1. VAT, when applicable, is always included in the price. However, when the VAT system on the margin of Travel Agents applies, EDVB invoices may not mention the VAT collected on the Services sold.
5.2. The terms of payment for each Service are specified in the sales contract submitted to the Customer and accepted by the latter.
5.3. In accordance with article 19 of the Act dated July 13, 1992, the EDVB reserves the right to modify its prices both upwards and downwards to take into account significant variations between the day of confirmation/registration and that of the start of the service: a) In the cost of transport, linked in particular to the cost of fuel b) Fees and taxes relating to the services included in the stays or tours. The revision would take place by passing on only the additional cost that the EDVB would have to bear. A price revision cannot take place less than 30 days before departure. Pursuant to this article, variations in the cost of transport will be passed on in proportion to their share in the calculation of the amount of the price of the reserved service. In the event of an increase of more than 10% of the total price of the service including VAT, the Customer may cancel his order free of charge, provided that he notifies his cancellation by registered mail with acknowledgment of receipt to the EDVB as soon as possible. Otherwise, cancellation fees, such as provided for in article 3.1, will be invoiced to the Customer.
For any information or question relating to his Order, the Customer may send an email to the following email address: commercial@citeclimatsvins.com.
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