General Terms and Conditions of Sale – Château d’Yquem Tours

Last updated [30/07/2024]

 

The purpose of these General Terms and Conditions of Sale (hereafter referred to as “GTCS”), on the one hand, is to inform any potential buyer acting as a consumer (“You” or the “Customer”) of the terms and conditions in which the company Château d’Yquem (hereafter referred to as “Château d’Yquem” or the “Seller”) conducts the sale of private guided tours of Château d’Yquem via its website www.reservation.yquem.fr (the “Website”) and, on the other hand, to outline the rights and obligations of the Customer and Château d’Yquem (jointly referred to as the “Parties”) in the context of such sales. These GTCS apply to all sales of Tours offered by Château d’Yquem on its Website (“Bookings”) without restriction or reservation.

 

The Customer declares that they are at least 18 years old and have the legal capacity to book Château d’Yquem tours, as outlined in Article 2 of these GTCS.

To make a Booking on the Website, the Customer must accept these GTCS without reservation. The GTCS applicable to the Booking are those accepted by the Customer when they confirm their Booking on the Website.

 

Château d’Yquem reserves the right to make any changes to the GTCS as it sees fit, these terms and conditions applying only to Bookings made after this change.

These GTCS are accompanied by the Website’s legal notice.

 

 

Article 1 – Identity of the Seller

 

Name: The Château d’Yquem Company

Head office address: Château d’Yquem, 33210 Sauternes, France

Listed on the Bordeaux Trade and Companies Register under number: B384 809 281

Telephone: + 33 5 57 98 07 07

 

 

Article 2: Tours – Prices and Terms of Payment

 

2.1       Description of Tours

 

The Customer may select one or several Tour packages listed on the Website (“Tours”).

 

All Tour packages are private and guided and end with a tasting of one or several vintages (depending on the package). Only visitors aged 18 or over on the day of the Tour may take part in the tasting.

 

The Customer may book a Tour for themselves and up to five other people, with the maximum number of visitors limited to six per Tour. The Customer must select the date of the tour from the availability calendar displayed on the Website.

 

In line with Article L. 111-1 of the French Consumer Code, the Customer may consult the key features of the Tour(s) they wish to book on the Website before they place their order.

 

Château d’Yquem does not provide transport. Return trips to the Tour location are the full and sole responsibility of the Customer who shall also bear the cost. As such, no compensation may be claimed by the Customer if they cannot attend the Tours on the dates agreed.

 

 

For any questions regarding Tours, the Customer may contact the Château d’Yquem team:

  • Phone: + 33 5 57 98 07 07 Monday to Friday, 9 am to 12.30 pm and 1.30 pm to 5.30 pm (UTC+2 excluding bank holidays, free service + price of the non-surcharged call)
  • By email: visites@yquem.fr

 

 

2.2      Tour prices

 

Tour prices and the terms and conditions of sale are those detailed on the Website in force on the day the Customer’s order is placed. Tour prices displayed on the Website are firm. The price of each Tour is indicated per person, in euros (€) and inclusive of VAT.

 

In addition, subject to the provisions of the rules in force, Château d’Yquem reserves the right, which the Customer accepts, to modify its prices at any time, without any further procedure other than posting the changes on the Website. However, these changes will not have an impact on the Booking that the Customer confirmed before the changes come into force.

 

 

 

2.3       Bookings and payment

 

The Customer must be at least eighteen (18) years old to make a Booking on the Website.

 

Once the Customer has selected their Tour, they may check the details of their upcoming Booking and correct any errors.

 

The Customer will be asked to fill out the information required to process their Booking, then select their payment method from among the following options:

 

  • Payment by bank card: the Customer will need to provide their payment details (Visa, Mastercard or American Express);

 

For the Booking to be valid, the Customer shall be asked to tick the box next to the message “By ticking the following box, I state that I have understood and agree to the General Terms and Conditions of Sale” before clicking to confirm their Booking.

 

Once the payment is accepted, Château d’Yquem will send the Customer an email confirming their Booking and payment, including an invoice containing the link to these General Terms and Conditions of Sale. It is the Customer’s responsibility to ensure that the email address they provide for the Booking is correct.

 

The Customer is responsible for saving and printing their proof of Booking and payment if they wish to keep a record of the transaction.

 

Château d’Yquem reserves the right to suspend or cancel Tour Bookings by any means necessary whatever the nature, in the event of non-payment or partial payment of any sum due by the Customer, a payment issue, or fraud or attempted fraud relating to the use of the Château d’Yquem website.

 

NB:

 

It should be reiterated that purchases made via the Website are reserved for private individuals for their personal use only (or as gifts).

 

 

Article 3: Tour Terms and Conditions

 

 

All holders of a Booking made in the context of Château d’Yquem’s packages are prohibited from using it for promotional or sales purposes under penalty of possible legal action. In particular, without the specific agreement of Château d’Yquem, any sale, resale or exchange of Tour Bookings is strictly prohibited subject to the penalties outlined in the French Penal Code.

 

All Tour Bookings are valid for single use only. Any duplication or reproduction of Booking confirmations is prohibited. Only the first person to present proof of the Tour Booking will be admitted to Château d’Yquem. They will be presumed to be the rightful holder of the Booking. Château d’Yquem is not obliged to check the identity of the person showing the Booking in order to ensure that the same person made the payment, nor to verify the authenticity of the Booking confirmation presented.

 

It should be noted that Château d’Yquem Tours are walking tours and pets are not allowed.

 

 

Article 4: Exchange, modification or cancellation of Tours

 

Customer’s obligations

Tour bookings and sales fall under the sale of leisure services and, in line with Article L 221-28-12 of the French Consumer Code, do not give rise to any right of withdrawal.

 

Any change in time and/or cancellation must be sent in writing to the following email address: visites@yquem.fr The total amount of the tour will be invoiced for cancellations requested less than three working days before the reserved date and time. If a credit card payment is refused, the Booking will be cancelled.

 

In the event of late arrival of the Customer, the total amount of the visit will be invoiced and Château d’Yquem cannot guarantee that it will be possible to reschedule or honour the Booking.

The number of people is determined at the time of booking and no additional persons shall be accepted on the day of the visit.

 

Seller’s obligations

The Tour start and end times may be subject to change. Any Tour delays or changes to timings by Château d’Yquem shall not entail the cancellation of Tour bookings, nor justify the claiming of indemnities, penalties or fees of any kind whatsoever. In the event of the cancellation or change of the order by Château d’Yquem, including in the event of exceptional circumstances (such as the unexpected closure of Château d’Yquem) or the application of any government measure, Château d’Yquem shall inform the Customer via the Website and send a notification email to the address provided at the time the Booking is made, as soon as they become aware of any event that may totally or partially impact Tours.

In the event of a total cancellation, the price of the Tour shall be refunded to the Customer within three months of the scheduled date of the Tour, upon presentation of the Booking confirmation and the payment method used by the Customer to book the Tour on the Website.

 

Château d’Yquem shall respond in writing within fifteen days of receiving the refund request.

 

 

Article 5: Archiving and proof of the contract

 

The Customer agrees that communication between the Parties shall take place by email. The storage of the Booking, confirmation and acceptance of the Booking in Château d’Yquem’s IT system and any communication between the Parties shall be considered to be proof of a sales contract.

 

The computer records stored in the IT systems of Château d’Yquem and its partners shall be considered to be proof of communication of Bookings and payments made between the Parties.

 

The storage duration of the Customer’s personal data is specified in Yquem’s privacy policy. The Customer  may view the details of their previous Bookings by emailing visites@yquem.fr.

 

Article 6: Liability

 

The Customer remains the sole judge of the adequacy and suitability of the Tours they book on the Website.

 

Château d’Yquem shall not be held liable for the obligations contained in these GTCS in the event that the non-performance of its obligations is attributable to the actions of a third party, to the fault of a Customer, or to the occurrence of a force majeure event as defined by French law.

 

It is hereby reiterated that prior to their Booking, the Customer declares that they are at least 18 years old and have the legal capacity to agree to these General Terms and Conditions of Sale. In no case shall Château d’Yquem be held responsible for verifying the legal capacity of visitors and Customers viewing its Website. Consequently, if someone without legal capacity were to book a Tour on the Website, their legal representatives shall be fully responsible for the Booking and shall agree to pay the price in full.

 

Château d’Yquem reserves the right to refuse any order by a Customer who does not respect the GTCS and/or laws and regulations in force in France or in the Customer’s country of residence.

 

In application of the rules on the fight against money laundering, the Customer declares that:

  • the source of payments made to Château d’Yquem to purchase Tours is legal and does not come from an activity that goes against national and international regulations relating to financial transactions;
  • they did not derive any direct or indirect benefit from a false justification of the income of the perpetrator of a crime or misdemeanour, nor did they assist in an operation involving the investment, concealment or conversion of the direct or indirect proceeds of a crime or misdemeanour.

 

The Customer is committed to respecting the applicable laws and regulations fighting against corruption.

 

In addition, the Customer declares having understood and undertakes to respect the applicable road traffic regulations in France, particularly the provisions relating to blood alcohol content, it being specified that breathalyzers will be made available to the Customer during Tours.

 

The Customer undertakes to deal with any misbehaviour on behalf of their guest(s) and shall bear the full responsibility for any incidents that may be attributable to their guest(s) during the Tours.

 

No alcoholic beverages shall be served or consumed other than those selected by Château d’Yquem.

 

 

 

 

Article 7: Information – Claims

 

For all requests for information or other claims relating to the General Terms and Conditions of Sale on the Website, the Customer may contact Château d’Yquem:

  • By phone: + 33 5 57 98 07 07 Monday to Friday, 9 am to 12.30 pm and 1.30 pm to 5.30 pm (UTC+2 excluding bank holidays, free service + price of the non-surcharged call)
  • By email: visites@yquem.fr

 

It is specified that in the event of inappropriate behaviour of the Customer towards staff of Château d’Yquem or members of the Customer Service team (violent, defamatory, shocking, insensitive comments, etc.), Château d’Yquem reserves the right to change the Customer’s contact person, report the Customer to the Customer Service team, ignore the Customer by blocking their number and/or deleting them from their customer database.

 

 

Article 8: Personal data

 

The Customer’s personal data shall be processed by Château d’Yquem for the purposes of managing the Website and Bookings.

 

For more information on how Château d’Yquem processes the personal data of its Customers and on Customers’ rights regarding personal data protection, please see Yquem’s confidentiality policy “Politique de confidentialité – Yquem” available on its Website.

 

NB: It is the Customer’s responsibility to keep their contact details up to date. Château d’Yquem cannot be held responsible for any errors in the email address required to obtain confirmation of the Tour Booking.

 

 

Article 9: Force majeure

 

The Seller’s fulfilment of all or part of their obligations will be suspended in case of an Act of God or force majeure that hinders or delays their fulfilment. The Seller cannot be held liable for this suspension.

 

 

Article 10: Intellectual property

 

The Château d’Yquem brand, as well as all intellectual property rights attached to the Website are and shall remain the exclusive property of Château d’Yquem. All operating rights are reserved exclusively.

 

Under these conditions, it is prohibited to reproduce, use or share, in any capacity whatsoever, even partially, intellectual property rights without the prior written agreement of Château d’Yquem. The Château d’Yquem brands and logos are registered trademarks. Therefore, any reproduction constitutes a counterfeit.

 

 

Article 11: Disputes – Applicable law

 

These GTCS are governed by and subject to French law. They are written in French. In case of translation into other languages, the French version shall prevail in the event of a dispute.

 

In case of a dispute relating to the Booking on the Website and following the failure to respond to a written claim by the Customer to Customer Service within one (1) year or in the absence of a response from customer service within a reasonable timeframe of one (1) month, the Customer may, if they so wish, resort to any alternative method of dispute resolution, including mediation, such as via the European Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr who will try to reach an independent, impartial, amicable resolution to the dispute. The Customer reserves the right to accept or refuse the recourse to mediation and, in the case of the latter, each party is free to accept or refuse the solution proposed by the mediator.

 

In case of failure to reach an amicable resolution or mediation, any disputes arising from the purchase and sale operations concluded in application of these GTCS concerning their validity, interpretation, performance, termination or their consequences which could not be amicably resolved between the Seller and the Customer shall be submitted to the competent courts under the rules of common law.

 

 

Article 12: Miscellaneous

 

12.1 Partial non-validity

If one or several provisions in these GTCS are considered to be invalid or declared as such by law, a rule, or following a definitive decision by a competent court, the other stipulations shall retain their full force and scope.

 

12.2 Non-waiver

If one of the Parties does not claim a breach of any of the obligations referred to in these GTCS from the other Party, this shall not be interpreted as a waiver of the obligation in question.

 

12.3 Severability

The General Terms and Conditions of Sale, a summary of the Booking sent to the Customer and the Booking confirmation email form a contractual whole and constitute the entirety of contractual regulations between the parties. They constitute the only contractual documents enforceable against the parties, excluding any other document or photographic evidence of Products which have indicative value only.