CGV
These general terms and conditions of sale (hereinafter referred to as the “GTCS”) may be consulted at any time on the Estate’s Website and shall prevail, where applicable, over any other version and/or any other conflicting document. Any Reservation implies the unreserved acceptance of the GTCS by the Customer, who declares and acknowledges that he/she is fully aware of them prior to any Reservation or purchase, thereby waiving the right to invoke on any conflicting document.
1. SCOPE OF APPLICATION – PURPOSE
These GTCS apply, without limitation(s) or reservation(s), to any Reservation or purchase of one or more of the Services offered by the Company to the Customer, regardless of the marketing channel through which the Reservation or purchase is made (Estate’s Website or otherwise), with the exception of the sale of wines or the rental of reception rooms.
2. DEFINITIONS
In the performance of the Contract and unless otherwise stipulated, capitalised terms shall have the following meaning :
- « Brochure(s) » : means any document presenting the Services and their main characteristics to the Customer ;
- « GTCS » : means these general terms and conditions of sale ;
- « Customer » : means any natural person who books one or more Services on his/her own name or on behalf of a principal; the Reservation being made by the latter as a non-professional consumer ;
- « Booking Confirmation » : refers to the summary of the characteristics of the Services booked by the Customer ;
- « Contract »: refers to the GTCS, the Booking Confirmation and any appendices ;
- « Estate» : refers to the vineyard and winery known as CHATEAU DAUZAC located in LABARDE (33460), 1 Avenue Georges Johnston, owned by the Company, which offers the following Services ;
- « Party(ies)»: refers jointly or individually to the Customer and/or the Company ;
- « Service(s) » : refers to the services offered by the Estate on the farm, in particular visits to the Estate and its vineyards, tasting of wines produced and vinified on the Estate, sale of the Estate’s production (excluding wines), renting of bed and breakfast accommodation on the Estate, and/or any other service offered by the Company in connection with the farm; these services taken separately or as a whole, the essential characteristics of which are presented in the Brochures and/or on the Estate’s Website(s) ;
- « Reservation »: refers to the act whereby the Customer books one or more Services ;
- « Estate Website(s) » : refers to the website presenting the Services and allowing the Customer to book them online, all of which can be accessed at the following address: https://www.chateaudauzac.com/ ;
- « Company » : means the company known as “CHATEAU DAUZAC”, whose details are given at the bottom of this page.
3. ENFORCEABILITY – AMENDMENT OF THE GTCS
These GTCS may be amended and/or supplemented by the Company at any time without prior notice. These modifications will apply to all Reservations made after such changes. Only the GTCS in force on the Estate Website and, where applicable, those provided to the Customer at the time of the Reservation, shall be enforceable against the Customer.
4. PRE-CONTRACTUAL INFORMATIONS
4.1. The Customer shall be informed of the main characteristics of the Services, and in particular of the following information (without this list being exhaustive), by means of the Brochures and/or Estate’s Website provided to him/her by the Company :
- Legal information about the Company and the Estate’s contact details;
- The essential characteristics of the Services offered;
- The financial conditions and prices “from”;
- These GTCS, and in particular the terms of payment and the absence of the right of withdrawal.
The Customer is informed that the Company has entered into partnership agreements with third party service providers in order to enable the Customer to search for, select and book services offered by the Company trough services offered by these partners on their websites. Any Reservation made under these conditions implies that the Customer has read and accepted, in full and without reservation, the specific condition of the service, the conditions of sale of the reserved fare and these GTCS.
4.2. The Customer declares to have received from the Company and its staff all the necessary and/or additional information on each of the Services, on the terms and conditions of the Reservation and on these GTCS, so that he/she was able to make his/her Reservation with full knowledge of the facts. The Customer is solely responsible for the choice of the Services he/she books and for their suitability to his/her needs and age, and the Company cannot be held liable for this. In this respect, the Customer undertakes, in accordance with article L.3342-1 of the French Public Health Code, to be over eighteen (18) years of age on the date of Reservation for any wine tasting Service. Similarly, the Service including the use of a scooter is not accessible to children under the age of 13. The Company may require the Customer to produce any form of identification at the time of Reservation or on arrival at the Estate to verify the Customer’s age.
5. ACCEPTANCE OF GTCS – RESERVATION
5.1. The Customer (i) declares that he/she has full legal capacity to enter into a contract, make a reservation, purchase the Services and enter into an obligation under these GTCS and (ii) is fully aware that validation of the Reservation implies acceptance of the GTCS.
5.2. Any Reservation made on the Estate’s Website or by any other means necessarily implies prior consultation and full and unreserved acceptance of these GTCS, which the Customer expressly acknowledges. The Customer undertakes to comply with these GTCS and acknowledges that, by accepting these GTCS, he/she expressly accepts the provisions of the Personal Data Protection Charter available on the Estate’s Website. In fact, the Customer waives the right to invoke any other conflicting document against the Company.
5.3. The Customer declares that he/she is making the Reservation for his/her personal needs. If the Services are booked for other purposes (professional, commercial, freelance, etc.), the Customer is informed that he/she may not invoke the specific rights granted to consumers, or of these GTCS.
6. RESERVATION SERVICES
6.1. The Customer can make a reservation by logging on to the following address: https://www.chateaudauzac.com or by contacting the Company’s staff directly by e-mail or telephone.
6.2. Irrespective the method used to make a Reservation, the Customer undertakes to provide all the information relating to him/her and necessary the Reservation. The Customer guarantees the truthfulness and accuracy of the information provided. In the event that the information provided by the Customer is founded to be incorrect, the Company may refuse to provide the Services and, where applicable, claim damages for any loss suffered. It is the Customer’s responsibility to check the accuracy of their Reservation and to notify the Company immediately of any errors, omissions and/or inaccuracies.
6.3. The Company may, without notice or compensation, temporarily or permanently close the Estate’s Website(s), the online Reservation space and/or the telephone Reservation service. The Company may not be held liable for damages of any kind arising from these changes and/or the temporary or permanent closure of all or part of its Reservation services.
7. BOOKING CONFIRMATION
7.1. As far as the Customer is concerned, the Reservation shall be deemed to have been accepted at the end of the Reservation validation process and shall constitute acceptance of the GTCS.
7.2. As far as the Company is concerned, the Reservation will only become final once the Customer has confirmed the actual payment of the price or the deposit, as the case may be.
7.3. Once payment has been received by the Company, the Booking Confirmation shall be sent to the Customer in writing (by post or e-mail) to the address indicated by the Customer in the Reservation request or delivered directly to the Customer on site. This Booking Confirmation will include, but is not limited to, the following information: the booked Services, the price, if applicable, the special terms and conditions these Services, the date of the Reservation, information on the conditions for modifying or cancelling the Reservation.
7.4. For any questions relating to their Reservation, the Customer may contact the Company’s staff directly using the contact details given on their Booking Confirmation.
8. RATES AND PRICES OF SERVICES
8.1. The Services are sold at the prices indicated in the Company’s commercial offer in force at the time of the Reservation. In the case of bed and breakfast rentals, the prices indicated by the Company in its Brochures and/or on its website may be “as of” prices and are therefore not definitive, which the Customer acknowledges. Prices are determined by a practice of yield management. They may therefore depend on several parameters such as (non-exhaustive list): the date of reservation, the date of stay, the period between these two dates, etc. and, at any time and unilaterally, may be changed by the Company without prior notice. Prior to each Reservation, the Company will confirm the applicable price according to the Services and date selected by the Customer.
8.2. The price paid by the Customer will be that of the Booking Confirmation, and in the absence of any mention(s) to the contrary, will not include:
- Any taxes that may applicable due to the geographical location of the Estate, which are expressly accepted by the Customer;
- Any cancellation insurance taken out by the Customer in relation to the Reservation;
- Transport and transfers;
- And, in general, all ancillary services and expenses of a personal nature that are not included in the description of the Services.
8.3. Prices are in euros, per person, inclusive of all taxes (V.A.T.), and are valid only for the date and duration indicated on the Booking Confirmation. Prices take into account the rate of VAT (value added tax) in force on the day of invoicing and according to the nature of the Service concerned. Any change in this rate will automatically be reflected in the prices displayed. In the event of the introduction of a new tax or a change in the system of an existing tax, the rates and/or prices will be modified under the same conditions.
8.4. All Reservations, regardless of their origin, are payable in Euros. If a rate implies that payment of the balance or all of the Services must be paid at the Estate at the time of the Customer’s arrival or departure, and if the currency of Customer is not the same as that of the Estate, the rate charged by the Estate may be different from that indicated at the time of the Reservation, taking into account any changes in exchange rates between the date of the Reservation and the date of the Service at the Estate. The Customer declares that he/she is fully aware of this situation and wishes to deal with it personally.
8.5. In the case of bed and breakfast rental, accommodation and breakfasts are free for all children up to the eve of their third (3rd) birthday on the date of arrival at the Estate, provided that:
- They have indicated this at the time of Reservation;
- The child shares the room with two (2) paying guests;
- Subject to availability of umbrella beds.
Only one accompanying child per room may be entitled to free accommodation and breakfasts.
The classic tour of the Estate is free for minors.
Minors over the age of thirteen (13) may visit the Estate on a scooter for a reduction of 50% of the price of the Service.
At the time of booking or on arrival at the Estate, the Company may ask the Customer to produce any form of identification to prove the age of the accompanying child.
9. METHODS OF PAYMENT
The Customer may use the following means of payment within the legal limits and with optimum security:
- In cash, up to the legal limit in force on the day of payment;
- By bank card (debit or credit card such as Visa, Eurocard/Mastercard, American Express, etc.);
- By bank transfer;
- By bank or postal cheque. Cheques are cashed upon receipt. Only French cheques will be accepted;
- Gift vouchers issued by the Estate.
10. BANK GUARANTEES (for bed and breakfast rentals)
When making a Reservation or arriving at the Estate, the Customer will provide the Company’s staff with his/her bank details. The Company will store this personal information securely in accordance with the Personal Date Protection Regulations. The Customer must present the card used to guarantee their Reservation. The Estate may, at its sole discretion, require the Customer to provide proof of identity in order to prevent credit card fraud.
11. PAYMENT OF SERVICES
The Services and any taxes payable by the Customer in respect of the Reservation are payable in full on the date of the Reservation is made.
Payment shall be considered final and the Reservation confirmed once the Company has received the price or the deposit, as the case may be.
12. CANCELLATION OF RESERVATION BY THE CUSTOMER
12.1. In accordance with Article L.221-28 12° of the French Consumer Code, the Customer has no right of withdrawal, which he expressly acknowledges. The Contract shall therefore be definitively concluded as soon as the Customer makes the Reservation in accordance with these GTCS. Except as otherwise expressly provided in writing (specific to certain reserved fares), the conditions for cancelling a Reservation are set forth in paragraph 12.2 below.
12.2. As a penalty clause, failure to comply with the Contract by cancelling all or part of the Reservation, at the request of the Customer will result in the Customer being liable to pay a lump sum, the amount of which will be determined according to the circumstances and procedures set out below. Any total or partial cancellation at the request of the Customer must be notified to the Company in writing (letter or e-mail).
For Services (excluding the sale of products and the rental of bed and breakfast):
- If the cancellation is made more than forty-eight (48) hours prior to the arrival date: The Reservation will be cancelled free of charge except for the flat fee charge by the third party booking provider.
- If the cancellation is made less than forty-seven (47) hours prior to the arrival date: The Company will charge the Customer one hundred percent (100%) of the total price, including taxes, of the booked Services.
For the sale of products :
- If the cancellation is made more than seven (7) days prior to the delivery date: The cancellation of the Reservation will be made without any cost or compensation, except for the flat fee charge by the third-party booking provider.
- If the cancellation is made between the sixth (6th) day and the third (3rd) day prior to the delivery date: The Company will charge the Customer for thirty percent (50%) of the total price, including taxes, of the booked Services.
- If the cancellation is made less than two (2) days prior to the delivery date: The Company will charge the Customer one hundred per cent (100%) of the total price, including taxes, of the booked Services.
For the rental of bed and breakfast :
- If the cancellation is made more than fifteen (15) days prior to the arrival date : The Reservation will be cancelled without charge or compensation of any kind, except for the flat fee charge by the third party booking provider.
- If the cancellation is made between the fourteenth (14th) day and the seventh (7th) day prior to the arrival date: The Company will charge the Customer thirty percent (30%) of the total price, including taxes, of the booked Services.
- If the cancellation is made between the sixth (6th) day and the third (3rd) day prior to the arrival date: the Company will charge the Customer fifty percent (50%) of the total price, including taxes, of the Services booked.
- If the cancellation is made less than two (2) days prior to the arrival date: the Company will charge the Customer one hundred percent (100%) of the total price, including taxes, of the booked Services.
12.3. As payment for the Services booked by the Customer was made in full at the time of the Reservation and collected by the Company, the Company undertakes to return, in accordance with the above cancellation terms and conditions, the amount of the sums that would be due to the Customer after deducting the lump sum withheld in respect of the Customer’s cancellation.
12.4. Any sums returned by the Company to the Customer will be credited to the Customer’s bank account as soon as possible after the Company receives the cancellation request (unless the Customer requests a credit).
12.5. In any case, in the event of cancellation or no-show by the Customer, the Company may put the booked Services back on sale, without any right to reimbursement or compensation. In the event of no-show by the Customer, the Company will put the bed and breakfast Services back on sale at twelve (12:00) noon on the day following the date of arrival indicated in the Reservation.
13. MODIFICATION TO THE RESERVATION BY THE CUSTOMER
13.1. Any request by the Customer to change the Reservation shall be the subject to the condition that the Booking Confirmation expressly mentions the possibility of changing the Reservation. Otherwise, the Reservation shall be deemed not to be changeable.
13.2. Any modification at the Customer’s initiative will only be taken into account by the Company, in compliance with the GTCS, (i) if it is notified in writing (letter, email), (ii) within the limits of the availability of the Service and (iii) subject to compliance with the conditions and deadlines set out in article 12.2 above, depending on the Service.
13.3. The Company will endeavour to accommodate the Customer’s request(s) for change(s) as far as possible. However, the Company cannot be held liable if the changes requested by the Customer cannot be accommodated.
13.4. The Customer may not transfer his/her Reservation to a third party, under any circumstances and under any pretext, whether free of charge or in return for payment.
14. POSTPONEMENT OF THE SERVICE
If the Estate is not available, in the event of force majeure, a technical problem and/or for any other reason, the Company may postpone the Service(s) under the same conditions as for the Reservation. The Parties at no additional cost to the Customer will agree the postponement date. If the Customer refuses the postponement, the stay will be cancelled and any deposit paid will be returned to the Customer without further compensation.
In the event of work being carried out on the Estate, resulting in its closure, the provisions of this paragraph shall apply.
15. CONDITIONS FOR STAYING ON THE ESTATE
15.1. Estate’s internal rules – Instructions
The Customer accepts and undertakes to comply with the internal rules of the Estate (hereinafter referred to as the “Internal Rules”), in particular, with regard to access to the various services and areas of the Estate, which he declares to have read prior to making the Reservation.
The Customer also undertakes to comply with all the instructions displayed on the Estate or given by the Estate staff in order to respect the whole of the Estate and in particular the crops, equipment and buildings and to protect the safety of persons (hereinafter referred to as the “Instructions”).
In the event that the Customer fails to comply with one or more of the provisions of the Internal Rules or the Instructions, the Company will ask the Customer to leave the Estate without any compensation or refund. If the Customer has already made payment, the Customer shall remain liable for all sums due in respect of his/her Reservation, as well as any taxes and/or ancillary Services due in respect of his/her Service.
The Estate is a non-smoking area. The Customer will be held responsible for any direct and/or indirect consequential damage resulting from smoking on the Estate and will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original state.
15.2. Pets
Pets are not allowed on the Estate, with the exception of assistance dogs such as guide dogs for the blind.
15.3. Availability of bed and breakfast
Booked rooms are available to Customers from 2 p.m. (two o’clock p.m.) to 6 p.m. (six o’clock p.m.). Late arrivals are subject to an extra charge (50 euros for arrivals after 6 p.m. and before 8 p.m. and 100 euros after 8 p.m.). Bed and breakfast must be vacated by 11 a.m. (eleven o’clock a.m.) on the day of departure at the latest. Exceeding these times may result in an additional charge being made by the Company to the Customer, according to the rates in force.
Rooms are allocated to Customers by name and on a personal basis. They may not be rented or sublet them to a third parties.
16. LIABILITY
16.1. The Services comply with current French legislation. The Company cannot be held liable in the event of non-compliance with the legislation of a third country.
16.2. The Company cannot be held responsible for failure to performance a Service in the event of force majeure, the action of a third party or the action of the Customer.
16.3. The photos in the Brochures and on the Estate’s Website are not contractual. They have an indicative value. The Customer may not make any claim on this basis.
16.4. The Customer is solely responsible for any direct or indirect damage to property and/or personal injury caused during their visit to the Estate. By accepting the GTCS, the Customer declares that he/she has taken out a civil liability insurance policy with a reputable and solvent company for the entire duration of the Contract, for any damage that he/she may cause during or as a result of the performance of the Contract.
16.5. The Customer is entirely responsible for any personal effects left in the Estate’s bed and breakfast or in the Estate’s areas. The Estate cannot be held responsible for the loss, theft, deterioration or damage caused to the said effects.
16.6. The Company shall not be held liable for any indirect damage arising from the GTCS, in particular loss of business, damage to third parties, damage caused by the Customer or by its partners.
16.7. Any Reservation or payment that is irregular, invalid, incomplete or fraudulent for any reason attributable to the Customer will result in the cancellation of the Reservation at the Customer’s expense, without prejudice to any civil or criminal action against the Customer.
17. PERSONAL DATA – CONFIDENTIALITY
17.1. As part of performance of the Contract, the Customer is informed of the automated processing of personal data carried out by the Company.
The Company points out that the information collected at the time of the Reservation (data relating to the Customer’s identity, contact data, financial data, commercial data, health and well-being data, etc.) will be used in particular (without this list being exhaustive) for the following purposes :
- Manage Reservation requests;
- Securing payment transactions for Services;
- Manage the purchase of gift vouchers, gift boxes and products (non-exhaustive list);
- Manage the Customer’s stay or visit to the Estate;
- Carry out the services and activities offered by the Estate,
- Improving the Services;
- Manage any complaints related to the Reservation.
This data will only be kept for as long as is necessary for the purposes for which it is to be used.
Access to personal data is strictly limited to employees authorised to process such data in the course of their duties, and to the Company’s service providers and subcontractors. Data may also be disclosed to the competent authorities, at their request, or in order to comply with other legal obligations.
Apart from the cases set out above, the Company will not sell, rent, transfer or give access to third parties to the data without the Customer’s prior consent, unless it is obliged to do so for a legitimate reason.
The Company undertakes to ensure the security and confidentiality of the Customer’s personal data by implementing appropriate technical and organisational measures to prevent their loss, accidental destruction, misuse and any unauthorised access.If the data is transferred outside the EU, the Customer will be informed and the safeguards put in place to protect the data (for example, the external service provider’s adherence to the Privacy Shield, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, CNIL certification, etc.).
In accordance with the current regulations, Customers have the right to access, rectify, delete and transfer their personal data, as well as the right to oppose the processing of their data for legitimate reasons. All requests should be sent to the following address: reservation@chateaudauzac.com for Services other than bed and breakfast rentals and hospitality@chateaudauzac.com for bed and breakfast rentals. In the event of complaint(s), the Customer may lodge a complaint with the French Commission Nationale de l’Informatique et des Libertés (CNIL).
17.2. The information provided by the Customer, as part of their Reservation and the provision of Services will remain strictly confidential.
18. INTELLECTUAL PROPERTY
The content of the Brochures and of the Estate’s Website, and more generally, the elements belonging to the Company or its assigns, such as photographs, images, literary texts, artistic works, trademarks, graphic charters and logos, are the property of the Company and its partners and are protected by French and international laws relating to property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. Any use not expressly authorised in writing and in advance by the Company is prohibited and constitutes an infringement.
19. FORCE MAJEURE
Force majeure refers to any event beyond the control of the Parties which is both unforeseeable and insurmountable and which prevents either the Customer or the Company from performing all or part of its obligations under the Contract. Cases of force majeure or fortuitous events are those generally recognised by French case law.
Neither Party shall be liable to the other for failure to perform its obligations due to an event of force majeure. It is expressly agreed that force majeure shall suspend the performance of the Parties’ mutual obligations and that each Party shall bear the costs arising therefrom. The Parties shall use their best endeavours to prevent or mitigate the effects of the non-performance of the Contract caused by an event of force majeure; the Party wishing to invoke an event of force majeure shall immediately notify the other Party of the beginning and end of such event. If the event of force majeure continues for more than one (1) month, either Party may terminate the Contract without compensation.
20. CLAIM(S) – APPLICABLE LAW – JURISDICTION
20.1. Complaints relating to the non-performance and/or poor performance of the Contract must, in order to facilitate their processing, be made in writing (by post or e-mail) and addressed to the Estate. The cost of sending the complaint (by post or e-mail) shall be borne by the Customer. No complaints or disputes will be accepted by telephone. In order to facilitate the processing of complaints, it is advisable to send complaints within eight (8) days of the date on which the Service to which the complaint relates was provided.
In accordance with articles L. 611-1 and seq. of the French Consumer Code, the Company informs the Customer of the possibility of having recourse, in the event of dispute(s) relating to these GTCS, to a conventional mediation procedure or to any other alternative dispute resolution method. After reffering the matter to the Company and in the event of a negative response or failure to respond within sixty (60) days of the complaint, the Customer may refer the matter to a mediator whose contact details are as follows: by post to the following address ____________. Within twelve (12) months of the complaint, a referral may be made to the mediator.
20.2. All disputes relating to the Reservation, the provision of the Services and/or in connection with these GTCS, concerning their validity, interpretation, execution, their resolution, consequences and/or consequences that cannot be resolved amicably between the Company and the Customer, shall be submitted to the competent courts of ordinary law.
20.3. Applicable law is French law. These GTCS are written in both English and French. Only the French text will be binding in case of dispute.
20.4. Any clause of these GTCS that is declared void or unlawful by a competent judge would be deprived of effect, but its invalidity may not affect the other stipulations, nor affect the validity of the GTCS in their entirety or their legal effects.
21. ENTIRETY
The Contract expresses the entire obligations and commitments of the Parties. No general or special conditions communicated by the Customer may be incorporated into these GTCS. The Parties may only amend or supplement the Contract by means of an amendment signed by them.
In case of contradiction(s) between the Booking Confirmation and the GTCS, the provisions appearing on the Booking Confirmation will be the only applicable for the obligation in question.
22. COMPANY’S CONTACT DETAILS
The Company’s contact details are as follows:
- Telephone number: +33 (0)5 57 88 98 51 or +33 (0)5 57 88 32 10 (cost of a local call for France and an international call for abroad);
- Email: contact@chateaudauzac.com or reservation@chateaudauzac.com ;
- Address: 1 Avenue Georges Johnston – 33460 LABARDE.