Last update : September 5th, 2017
These General Terms and Conditions of Use (hereinafter referred to as “GTC”) are proposed by Winalist, a limited liability company with a share capital of € 10,000 registered to the Registry of Commerce and Companies of Reims under number 825 280 027, whose headquarters office is at 44 Espace les Violettes, Mareuil-sur-Ay, 51160 AY Champagne (hereinafter referred to as “Winalist”),
Winalist is the owner and publisher of the website https://www.winalist.co, a platform made to link the wine-tourists with the professionals offering activities and/or listed on the platform
Article 1 – Object
The purpose of these GTC is to define the rights and obligations of users when using the Site and in connection with any connection made through the Site.
Article 2 – Applicability of GTCs
All access to the Site assumes the unreserved acceptance by the User of the Terms. Winalist may change these GTC at any time. When the user places a reservation on the Site, he will be invited to accept the current version of the GTC applicable on the day of his reservation. The User is nonetheless invited to regularly consult the GTC, accessible permanently from a link at the bottom of the Site. If one or more stipulations of the GTC are held to be unlawful or unenforceable or are deemed to be unlawful or unenforceable under a law, regulation or court order that has become final, they shall be deemed to be unwritten and the remaining provisions shall remain in force .
Article 3 – Use of Site
The Site allows users to search for a professional winegrower whose activity is linked to the world of wine according to different criteria, and to have access to their professional information and services possibly offered. When the professional offers services directly bookable on the Site, Winalist offers its users a service of contact with the professional service providers of wine-tourism activities referenced on the Site and making it possible to make a request for reservation of the services offered on The site by these providers (visit, tasting, oenological workshop, food pairing …).
Article 4 – Account creation
In order to make a reservation request on the Site, users must provide a certain number of mandatory personal information necessary for the creation of an account on the Site. Should a user provide false, inaccurate, obsolete or incomplete registration data, Winalist will be entitled to suspend temporarily or to permanently delete his account and to refuse him, immediately and / or for the future, access To all or part of the Site. It is the responsibility of the users registered on the Site to keep confidential their identifiers and passwords associated with the creation of their account on the Site. Winalist can not be held liable for any loss or damage resulting from the user’s proven negligence in protecting his login credentials and / or personal information related to his account.
The Operator complies with the legislation on the protection of personal data. The Site collecting personal data, it has been the subject of a prior declaration with the CNIL registered under number 2032388.
Article 5 – Activity reservation request
When the user is able to reserve a service from a referenced professional, the availability of the activity will be indicated at the time of the reservation request made by the user. Winalist offers referenced professionals all the tools to plan and update their availability. In this way, Winalist guarantees to make every effort to ensure that the availability is effective. Nevertheless, Winalist can not be held responsible for the reliability and the good maintenance of the planning of each professional. The Professional is solely responsible for any unavailability. The User agrees in this context to be contacted by the professional concerned in order to make a new reservation in the event that the professional would no longer be available at the niche initially requested by the User.
Article 6 – Reservation confirmation
Following the reservation, the user will receive a confirmation email with the confirmation and the time of appointment with the professional. The user acknowledges however that the professional can cancel the reservation or change the terms in the event of unexpected event up to 24 hours before the confirmation date confirmed. In case of cancellation, or modification of the professional passed this date, the user must contact the professional for any complaint or request for compensation. The user will also be able to cancel the booking up to 24 hours before the confirmed booking date, in particular if a modification proposed by the professional does not suit him. The user can no longer cancel his reservation from 24 hours before the confirmed booking date. The non-presentation of the user to a confirmed reservation may, if necessary, lead to the deletion of his user account and the right to access the Site, in addition to any late cancellation fees that may be required by the professional with the user .
Article 7 – Free reservation
The booking of an activity on the Site is entirely free. In the event of a paid activity, this will be paid directly to the professional on the day of its realization. The price of the services offered on the Site is given as an indication and may be subject to a different pricing as of the confirmation of the reservation by the professional. Tariffs may be applicable in the future, in particular depending on the evolution of the services offered, the evolution of the network, the technique and / or legal constraints. The user will then be duly informed by the modification of the present GTC or by the insertion of special conditions relating to the paid services.
Article 8 – Professional Referencing
The referencing of the professionals on the Site is carried out by Winalist on the basis of the information available publicly or following the information provided by the professional who has made the process of registering on the Site and having accepted Winalist’s referencing conditions. The classification of the professionals and the proposed activities is carried out taking into account the preferences and choices of the users on the Site. The highlighting of certain professionals on the Site, especially on the homepage may however be related to the nature of the subscription subscribed by these when they request to refer to the Site.
Article 9 – Online reviews
Article 10 – Responsability
Winalist will use its best endeavors to guarantee uninterrupted access to the Site, but under no circumstances will it be held liable if, in the event of unavailability due to maintenance operations or the failure of the Internet network or for any reason other than His will, the user can not access the Site. In addition, as a mere intermediary, Winalist can not be held liable for acts carried out by the referenced professionals arising from its mere provision of relation including any damage caused to the user during the realization of the Activity reserved with the professional concerned. Finally, as part of the simple provision of access to the Site, Winalist acts as a technical service provider and can under no circumstances be held liable for acts of use or exploitation of the Site by the user Or made from the identifiers of the user. Winalist can not be held responsible for the breach of any of its contractual obligations due to the occurrence of a case of force majeure or caused by the user himself or by a third party, within the limit allowed by The applicable law.
Article 11 – Intellectual property
Winalist remains exclusively the owner of all trademarks, photographs and logos and any other material reproduced on the Site belonging to Winalist and which can not be used by the user without Winalist’s prior written consent. Any extraction, reproduction, representation, adaptation, modification, translation, transformation, dissemination, integration into other material, decompilation, commercial exploitation or not of all or part of the elements of the Site, data and databases which can be collected and Processed by the Site, is strictly prohibited. The content provided by the user on the Site or created by the latter remains its property and remains under its exclusive responsibility. The user however authorizes Winalist to use the content provided on its various communication media such as newsletters sent to users of the Site or on social networks. The user acknowledges that the contents he / she publishes and which will be accessible via the Site will not infringe the rights of third parties, and that it is authorized to reproduce them and / or distribute them to the public on the Internet.
Article 12 – Personal data
In order to make a reservation request the user will have to create an account on the Site, the user will be asked to provide a certain number of personal data (surname, first name, email, telephone, date of birth, Ip, password) and accepts that some of its data are communicated to the professional concerned (name, first name, email, telephone) by a reservation request in order to confirm and organize the activity. In accordance with the law of 6 January 1978 relating to data processing, files and freedoms, as amended, the user is informed that Winalist collects and processes his personal data in order to enable him to process and To execute its reservation request (s) placed on the Site and to put it in contact with the referenced providers. The user has the right to oppose, access, rectify and delete personal data concerning him, as well as a right of opposition for legitimate reasons, which he can exercise under the conditions provided for By submitting a complaint to Winalist via this contact form.
Article 13 – Customer Service
For any request for information, clarification or any complaint, the Customer may contact Winalist, in order to allow Winalist to try to find a solution to the problem by sending a message to Winalist via this contact form. The user acknowledges, however, that Winalist is only able to deal with claims related to its contacting service. Any claim bearing the performance of the services may be best transmitted by Winalist to the professional concerned but must ultimately be exercised directly with the professional concerned.
Article 14 – Applicable Law and Disputes
These GTC are governed by the laws of France. Conflict of law rules are excluded for the full and unrestricted application of French law, except where applicable provisions of the country of residence of the user would require the application of other rules and Such provisions can not be excluded by contract. In the event of a dispute, the user has the possibility to resort to a conventional mediation procedure or any other alternative dispute resolution. The European Commission is setting up an online dispute resolution platform to which the user can refer here: http://ec.europa.eu/consumers/odr/. In the absence of an amicable agreement or obtained after a mediation, disputes will be subject to the non-exclusive jurisdiction of the courts of Paris, France. However, this clause does not prevent the user from exercising his rights in the jurisdiction on which his principal place of residence
These GTC are governed, interpreted and applied in accordance with French law.
In the case of the writing of the present GTC in several languages or of translation, only the French version will be authentic.