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Home > General
Terms and Conditions
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We provide our customers with clarity and confidence. From the moment you buy
your dream trip, we offer peace and satisfaction.
The "Weekend Break", "Week & Break", "Week and Break" and "Vini Pass" service marks and website are owned by
Vini Spiritus, a company registered with the Registre du Commerce de Bordeaux
(France) (Registration N° 488.495.748).
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Contact us:
By Email: contact@weekendbreak.fr
By mail:
Week End Break Wine Travel Agency
380 bis avenue Gustave Eiffel
33260 La Teste de Buch (FRANCE)
By phone : +33.826.307.401
Wine Travel Agent
Week End Break is a french wine travel agency. As such, it cotises at APS, the corporate
funding for guarantee. This is for you a true guarantee for your stay: you are
sure to be compensated no matter what happens to our company, even in the case
of failure of our services before or during your stay.
APS (Association Professionnelle de Solidarité du tourisme)
15 Avenue Carnot - 75017 Paris
Tel.: 01.44.09.25.35
Fax.: 01.44.09.88.00
www.tourisme-aps.com
Weekend Break has a travel agent's license (License No. LI 033060006) issued by
the Préfecture de Bordeaux, France. This license assures you that Weekend Break
and its manager have the ability (including financial, professional, and
statutory competence) to offer tourist packages.
GENERAL CONDITIONS OF SALE
[This translation is provided for your convenience, but the French-language
version will control.]
I - FIELD OF APPLICATION
The programs described on the site weekendbreak.fr are offered by VINI
SPIRITUS, SARL with issued capital of 9,840 €. Its headquarters are
located at La Teste de Buch (33260), 380 bis avenue Gustave Eiffel. Weekend Break is registered in
the Register of Trade and the Societies of Bordeaux (Registration Number 488
495 748).
These general conditions of sale apply to all offerings on the weekendbreak.fr
site.
Weekendbreak.fr offers "packages" online, including accommodations and
activities.
These general terms and conditions of sale provide the terms on which VINI
SPIRITUS WINE TRAVEL AGENCY provides products and services to its customers.
Confirming a command or a reservation by following the "double-clicking" as
provided in Law 2004-575 for trust in the digital economy, constitutes the
customer's acceptance (without exception) of the general and specific
conditions of sale.
These general conditions will control if there is a conflict with any other
document.
These general terms and conditions as well as the contract made by ordering a
vacation package online are governed exclusively by French law.
Any litigation relating to the interpretation of these general terms and
conditions or the contract will be resolved exclusively in French courts.
Nevertheless, the parties agree to try to reach an amicable resolution of any
difficulties or of disputes concerning the interpretation, execution, or
termination of the parties' contract before starting any legal action.
II - DESCRIPTION OF TERMS OF SALE FOR WEEKEND BREAKS
Each weekend break pack is offered on these general terms and conditions of sale,
for an inclusive price for a visit to a wine region, including one or more
nights, a visit to a wine cellar, meal(s) at restaurants, and recreation, such
as golf or a spa. Advices are given to hire a car (with or without driver).
The sale of weekend breaks is subject to the provisions of Decree No.94-490 of
June 15, 1994, as applied under Article 31 of Law No. 92-645 of June 13, 1992
setting the conditions of operation for the organisation and sale of travel and
break packages .
Vini Spiritus holds a travel agency license issued by the Prefect of Gironde
(License No. 06030006).
In accordance with Article 104 of Decree No. 94-490 of June 15, 1994, Article
95 to 103 of this law are reprinted below:
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Article 95
Subject to the exclusions mentioned in the second paragraph parts (a and b)
from the article 14 of the aforementioned law of July 13th, 1992, any offer and
any sale of benefits of trips or stays require the delivery of appropriate
documents which comply with the rules defined by the present title.
For tickets for travel by airline or other common carrier without any
accompanying benefits included with the transportation, the seller issues to
the purchaser one or several tickets of passage for the entirety of the trip
issued by or on behalf of the carrier. For transport, the name and address of
the carrier for which tickets are issued, must be mentioned disclosed.
Separately invoicing: the various elements of a tourist fixed-rate package does
not relieve the seller from its obligations under this title.
Article 96
Before a contract can be formed, the seller must provide the consumer a written
disclosure, bearing the seller's corporate name, address and the indication of
its administrative approval of financial year, that provides material
information on prices, dates and other essential elements of the benefits
provided with the travel of accommodations such as:
1° The destination, the means, characteristics, and categories of transport
used;
2° The type of accommodation, its condition, quality, facilities, and
tourist classification under the custom or legal requirements of the
destination country;
3° The meals furnished;
4° A description of the route (for trips with more than one stop);
5° The administrative and health requirements for entry into another
country and the consequences of not satisfying these requirements.
6° All visits, excursions and other services included in the fixed rate (or
available for an additional fee);
7° The minimum or maximum size of the group that will travel. If the trip
or stay is subject to a minimum number of participants, the deadline for
informing the consumer of cancellation of trip or stay (which cannot be less
than twenty-one days before departure);
8° The amount or percentage of the price to be paid as down payment at the
time of the contract as well as the schedule for payment of the balance;
9° The modalities of review of prices such as envisaged by the contract in
accordance with the article 100 of the present decree
10° The contractual conditions under which the contract may be cancelled;
11° The statutory conditions for cancellation as provided in articles 101,
102, and 103 below.
12° Summaries of the risks covered and the coverage provided in any
insurance policy covering consequences of the professional civil liability of
the travel agencies of trips and the civil liability of associations and
non-profit-companies and of local tourism bureaus
13° Information concerning any trip-insurance available to cover certain
tri cancellations or other specific risks, particularly the expenses of
repatriation in case of accident or illness.
Article 97
The foregoing information disclosed to the consumer binds the seller, unless
the seller specifically reserves the right to change certain elements. The
seller must, in that case, state clearly the conditions in which such
modification can be made and the elements that can be changed. In any case,
such reserved rights must be disclosed in writing to the consumer before the
contract becomes effective.
Article 98
The contract between the seller and the purchaser must be in writing, with a
copy sent to the purchaser, and must be signed by both parties. The contract
must include the following provisions:
1° The name and the address of the seller, his guarantor and his insurer as
well as the name and the address of the organizer;
2° The destination(s) of the trip and, where the trip will involve
different destinations, the different periods and their dates;
3° The means, characteristics and categories of the used transportation
that will be used, and the dates, times, and places of departure and return ;
4° The type of accommodation, its condition,, quality, its main
characteristics, its tourist classification according to the custom or
requirements of the destination country ;
5° The number of meals provided ;
6° The itinerary for multi-destination trips ;
7° The visits, excursions or other services included in the inclusive price
for the trip or package ;
8° The total price of benefits invoiced as well as an indication of any
possible review of this invoicing under the provisions of article 100 below ;
9° An indication, if applicable, of any charges or taxes with certain
services such as taxes for landing, disembarkation or embarkation in seaports
and airports, taxes on accommodations or other services that are not included
in the inclusive price of or provided benefits ;
10° The schedule and methods of payment for the price; in any case, the
last remittance by the purchaser cannot be less than 30 % of the price of the
trip or stay and must be made at the time of delivery of documents allowing to
accomplish trip or stay ;
11° The particular conditions requested by the purchaser and agreed to by
the seller ;
12° The methods by which the purchaser can assert against the seller a
claim for non-performance or poor execution of the contract, which claim must
be addressed, by registered letter with acknowledgement of receipt to the
seller in the shortest possible time, and signalled written, possibly, to the
organizer of trip and to the contractor of the services concerned ;
13° The deadline for informing the purchaser of cancellation of the trip or
stay by the seller if trip or stay is linked to a minimal number of
participants, in accordance with the dispositions of 7° of the article 96
above ;
14° The conditions of cancellation of contractual nature ;
15° The conditions of cancellation envisaged in articles 101, 102 and 103
mentioned below ;
16° Summaries concerning covered risks and total amount of guarantees under
insurance covering seller's professional civil liability ;
17° Provisions of insurance policies covering consequences of certain cases
of cancellation subscribed by the purchaser (policy number and name of
insurer), as well as those concerning covering certain particular risks,
notably expenses of repatriation in the event of accident or illness; in that
case, the seller must provide the purchaser written specification of the
covered risks and the excluded risks ;
18° The deadline for informing the seller if the buyer cancels the contract
;
19° A commitment to provide to the purchaser, in writing, at least, ten
days before the date the departure date, the following information:
a) The name, address and the telephone number of the local representative of
the seller, or the names, addresses and telephone numbers of local
organizations likely to help the consumer in case of difficulty, or the
seller's telephone number to call in case of emergency ;
b) For travel by minors and for trips abroad, a telephone number and an address
for direct contact with the child or the representative at the place of his
stay .
Article 99
The purchaser can transfer his contract to a transferee who fulfils the same
conditions as the purchaser to perform trip or stay, as long as this contract
produced no effect.
Unless there is a provision more favourable to the purchaser, the transferring
purchaser is required to inform the seller of his decision by registered letter
with acknowledgement of receipt no later than seven days before the beginning
of trip. When it involves a cruise, the notice must be provided no less than
fourteen days before the beginning of the trip. This transfer is not subject to
a prior approval of the seller.
Article 100
When the contract includes an express provision for changes of price, within
the terms envisaged in the article 19 of the aforementioned law of July 13th,
1992, the seller must mention the definite conditions of change, both in
increase and in decrease, of prices, including notably the sum of transport
charges and any accruing taxes, currency fluctuations that can have an impact
on the price of trip or stay, the part of the price to which the variation may
apply, [and] a reference list of currencies used in determining the contract
price.
Article 101
When, before the departure of the purchaser, the seller believes he must modify
one of the essential elements of the contract such as a significant increase in
price, the purchaser can, without prejudice to any other right to damages, and
after being informed by the seller by registered letter with acknowledgement of
receipt:
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cancel his contract and receive an immediate refund, without penalty, of sums
previously paid ;
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accept the modification or trip of substitution offered by the seller; an
endorsement to the contract specifying the modifications is then signed by the
parties; any reduction in value shall be deducted from any amounts still owed
by the purchaser and, if the amount already paid by the purchaser exceeds the
price of changed performance, the overpayment must be refunded to him before
the date of departure.
Article 102
If (as envisaged in article 21 of the aforementioned law of July 13th, 1992)
before the departure of the purchaser, the seller cancels the trip or sojourn,
he must inform the purchaser by registered letter with acknowledgement of
receipt; the purchaser, without prejudice to recovery of damages, shall
immediately be refunded by the seller and without penalty all previously paid
sums; the purchaser shall be given an allowance at least equal in value to the
penalty that he would have been required to pay if he had cancelled the trip or
stay at that time.
The provisions of this article under no circumstances prohibit conclusion of an
amicable agreement by the purchaser to accept a substitute trip or stay offered
by the seller.
Article 103
When, after the departure of the purchaser, the cannot provide a major part of
the services envisaged in the contract representing a non-negligible percentage
of the price paid by the purchaser, the seller must immediately take the
following measures without prejudice to any right to recover damages:
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offer benefits in exchange for the envisaged benefits by providing a
alternative benefit and, if benefits accepted by the purchaser are of lower
quality, the seller must reimburse him, on his return, for the difference in
value ;
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or, if he can offer no replacement or if the replacement is refused by the
purchaser for valid reasons, to provide travel vouchers to the purchaser, at no
additional charge, to assure his return under substantially identical
conditions to the place of departure or another place accepted by both parties.
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III - CAPACITY
The customer represents that he has the full legal capacity to enter into a
contract and to use the site weekenbreak.fr in accordance with these general
conditions of sale.
The customer acknowledges that he is financially responsible for the use of the
site both by himself and by minors in his care except for use that does not
result from the customer's fault, error, or negligence.
IV - SIGNING OF ORDERS AND CONTRACT PROCESSING
To place an order, the customer must identify himself.
To this effect, the customer must complete, according to the directions that
are provided online, a form (available online) to provide information necessary
for identification, including the customer's last name, first name, postal
address, and e-mail address.
By choosing a break package, the customer acknowledges his approval and
acceptance of the general conditions of sale.
Every offer and order on this site is subject to availability. Once an order is
received, VINI SPIRITUS WINE TRAVEL AGENCY will email the customer a confirmation of the order's
receipt. This notice confirms that order has been received but does not
necessarily mean that the requested service is available.
If the requested break package is unavailable, VINI SPIRITUS WINE TRAVEL AGENCY will contact the
customer to offer him a different date, on which the package is available, or
an alternative offering, or cancellation of the order.
V - PRICE AND CONDITIONS OF REGULATIONS
All prices are shown in euros (no VAT) and are in effect as of the time
that the order is placed. Other currencies are given only as an indication of
price.
Prices shown do not include transportation to the departure point or any
additional products or services.
Payment must be made by bank cards (Credit card, Visa, Eurocard Mastercard, American Express, Aurore) or using Paypal,
and the customer must provide (security provided by encryption SSL), the card
number, its expiration date, and its control code (which appears on the back of
the card).
Only reservations submitted in accordance with these rules will be accepted and
considered as firm orders.
An order can be validated and confirmed only after the validation and approval
of the payment by the customer's bank.
VI - AVAILABILITY OF OFFERS
Detailed descriptions of offers on this weekenbreak.fr website identify the
features that are included in the price.
Detailed descriptions (including date, timetables, length), photographs, and
other type of information, are given solely for illustration and do not mean
that VINI SPIRITUS has the specific offering still available.
Information on this site is updated of liquid by VINI SPIRITUS WINE TRAVEL AGENCY according to
information issued by its suppliers.
Nevertheless, if a break package is not available despite confirmation of
reservation, VINI SPIRITUS WINE TRAVEL AGENCY will inform the customer as soon as possible.
The unavailability of the product is not the responsibility of VINI SPIRITUS
WINE TRAVEL AGENCY and does not render it liable for any damages to the customer. The customer
will be able to find another date of availability for the same benefits.
VINI SPIRITUS WINE TRAVEL AGENCY selects its suppliers in offering these break packages with great
care. VINI SPIRITUS WINE TRAVEL AGENCY society reserves the right to terminate its relations with
one or more of its suppliers during the length of validity of a package and it
does so with a view to assuring the best possible service. If this happens,
VINI SPIRITUS WINE TRAVEL AGENCY will do its best to offer a package that is substantially
identical to the one that the customer initially selected.
VII - RESPONSIBILITIES
VINI SPIRITUS is responsible to the purchaser for proper performance of its
obligations under the contract, which VINI SPIRITUS may perform by itself or
through other contractors, without prejudice to the customer's right against
VINI SPIRITUS WINE TRAVEL AGENCY .
Nevertheless, in accordance with the provisions of article L121-20-3 of the
code of consumption, VINI SPIRITUS WINE TRAVEL AGENCY will not be responsible if non-performance
or poor performance of the contract is attributable to either the customer or
to unforeseeable and insurmountable conditions caused by third parties (other
than contractors of VINI SPRIRITUS WINE TRAVEL AGENCY ), or to force majeure.
VINI SPIRITUS WINE TRAVEL AGENCY is insured by AVIVA for personal and property damage and
intangible injuries resulting from its professional activities for a total
amount of 6.100.000 € (six million, one hundred thousand euro) per
incident.
VIII - MODIFICATION OF THE DATE OF STAY
Any request to change the dates of a break package must reach VINI SPIRITUS by
electronic mail at least thirty one calendar days before the scheduled beginning
date for the break package.
There are associated costs to be paid when changing the date.
The customer can then request a new date; VINI SPIRITUS WINE TRAVEL AGENCY will try to satisfy
this new request. If the date that the customer requests is not available, VINI
SPIRITUS WINE TRAVEL AGENCY will contact the customer to propose alternative dates.
Possible additionnal costs linked to such demand will be charged.
No request for cancellation or modification of stay received less than thirty one
calendar days before the scheduled beginning date for the break package will be
honoured.
We cannot offer refunds for any unused break packages, regardless of the
reason.
IX - LENGTH OF VALIDITY OF WEEKEND BREAK OFFERINGS
Weekend break packs must be used within six, twelve or eigtheen months from the date of order (to be choosen when purchasing). Given this
length of validity of weekend breaks, the customer is specifically informed
that the content of benefits can be changed by VINI SPIRITUS WINE TRAVEL AGENCY or its suppliers
and may not be available for the entire one-year period.
After the one-year period expires, VINI SPIRITUS WINE TRAVEL AGENCY will have no obligation to
provide service or to issue any refund.
X - PPROTECTION OF PERSONAL DATA
In accordance with the Computer and Freedom Law of January 6th, 1978, the
customer has a right of access, correction, modification, and abolition
concerning the data about the customer. This can be done by application either
online or by post.
The information that the customer provides when placing an order will be not be
given to any third parties, except the providers of services that the customer
ordered, except on express request of the customer.
The customer must check the appropriate box to allowing or not allow VINI
SPIRITUS WINE TRAVEL AGENCY to transmit these data.
This information will be treated as confidential.
XI - INTELLECTUAL PROPERTY
All documents, information, texts, graphs, pictures, sounds or photographs, and
other contents shown on the weekendbreak.fr site are protected by copyright and
other intellectual property laws, and are owned entirely and exclusively by
VINI SPIRITUS WINE TRAVEL AGENCY .
Consequently, it is strictly forbidden to reproduce, copy, represent, change,
transmit, publish, adapt, or otherwise use or exploit by any means whatsoever,
all or part elements mentioned before, without the prior written agreement of
VINI SPIRITUS WINE TRAVEL AGENCY .
XII - RESTRICTIONS
Certain offered activities require that the customer be of suitable age and in
proper health. It is the customer's obligation to assure that he or she is in
appropriate physical condition to participate in these activities.
In particular, wine-tasting is available only to adults.
VINI SPIRITUS WINE TRAVEL AGENCY and its partners reserve the right to require proof of the
customer's age for these purposes.
These conditions apply for every offering on the weekendbreak.fr site.
Our contractors reserve the right to refuse the requested performance if the
customer does not fulfil the required conditions.
Any refusal on behalf of a partner to perform for the reasons stated above will
not be considered to be any form of discrimination and will not be the
responsibility of VINI SPIRITUS WINE TRAVEL AGENCY or the concerned supplier.
The performance of certain activities is subject to weather conditions or to
good working condition of certain equipment.
Due to the nature of certain activities, some of our contractors can ask you to
sign a waiver of responsibility or to provide a deposit.
XIII - FORCE MAJEURE
The parties' obligations will not be applicable or will be suspended if their
execution became impossible due to an act of force majeure, such as: act of
public potency, hostilities, war, natural disaster, fire, strike, criminal
acts.
Each party must inform the other as soon as possible of the occurrence of a
force majeure event that will prevent it from carrying out all or part its
contractual obligations.
Parties must use all efforts to prevent or reduce the effects of a
non-performance of the contract caused by an event of force majeure; the party
seeking to invoke an event of force majeure must notify the other party without
delay of the beginning and end of this event. Without such notice, the party
will not be relieved of his or her responsibility.
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