05 57 40 14 53
GENERAL TERMS AND CONDITIONS OF SALE - Individuals: 6 April 2024
1 - INTRODUCTORY PROVISIONS
Unless otherwise stipulated in writing and signed by the parties, these General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply in their entirety to all offers of services and to all services on the Castegens site (hereinafter referred to as "The Battle") such as access to the Parc Aliénor and to the Battle of Castillon show (hereinafter referred to as "The Services") sold by the Castillon 1453 Association (hereinafter referred to as "The Vendor") to individuals or groups of individuals dealing directly with the Association and numbering less than 20 people (hereinafter referred to as "The Customers"). They constitute the essential and determining conditions and prevail over any document issued by the Customer or leaflets and catalogues issued by the Vendor, which are for information purposes only. Consequently, any order for Services from the Vendor implies the Customer's unreserved acceptance of the GCS. The Vendor may amend the GCS at any time. The fact that the Vendor does not take advantage, at a given time, of any clause in the GTCS, shall not be interpreted as a waiver of its right to take advantage of all the clauses at a later date. If one of the clauses of the GCS is null and void or annulled for any reason whatsoever, the other clauses will not be affected and the Parties will negotiate in good faith to modify the annulled clause. In the General Terms and Conditions of Sale, the term "Tickets" refers to tickets for admission to the shows and events offered at Parc Aliénor.
2 - ORDERING SERVICES (HEREINAFTER REFERRED TO AS THE ORDER)
2.1. Placing the Order Orders are placed : At the Seller's counter, located at 7 Allée de la République, BP 89, 33350 Castillon-la-Bataille. - by telephone on +33 (0) 5 57 40 14 53 from 9:30 a.m. to 5:00 p.m., Monday to Friday (normal call charges apply); via the Vendor's website, which can be accessed at https://www.batailledecastillon.com (hereinafter referred to as the Website). In the Order, the Customer shall specify the date of the Services, the number of Access Tickets requested and their delivery address (postal address and e-mail address), as well as the names of the beneficiaries of the Access Tickets.
Online ordering procedure on the Website The Order is placed in French or English. To this end, the Customer chooses the Services, for a given date, and places them in their basket. Once they have clicked on "Order", they enter their details in the fields provided (it is always possible to return to the previous stage in order to change the details provided), and then check the Order, including the description, price and payment details for the Services, as well as any handling fees and the delivery details for the Access Passes, before confirming it. The Vendor will acknowledge receipt of the Order by e-mail, attaching the e-tickets (there is no obligation to print the tickets; they can be presented to the access control on a smartphone).
2.2 Effect of the Order :
The Order shall be binding on the Customer, who may only cancel or modify it in accordance with the conditions set out in the GTCS. The Vendor shall be bound by the Order once it has been confirmed in writing (hereinafter referred to as the Confirmation) by the Vendor, by electronic means. Once the Customer's Order has been confirmed, the Customer may contact the Seller on +33 (0) 05 57 40 14 53.
3 - PRICES
The prices of the Services are those indicated on the Seller's leaflets and/or brochures and/or on the Website. They are expressed in €uros and include VAT. They do not include the cost of dispatching Access Passes (if required), or the Customer's personal expenses in the Aliénor park. When the price is conditional on the age of the children, the age of the children taken into account is that of the first day of the Services. Proof of the age of the children may be requested at any time by the Vendor's staff. In the absence of such proof, the adult rate will be applied.
4 - PAYMENT TERMS
Counter orders Payment is made at the time of the Order by credit card, cheque made payable to the Seller, holiday vouchers or in cash. Remote ordering (telephone, fax, e-mail, website) Payment is made by credit card at the time of the Order, using a secure procedure.
5 - ISSUE OF ADMISSION TICKETS
Once the Order has been paid for in full, the Access Passes and Exchange Vouchers will be, at the Customer's option :
- Or sent immediately by e-mail (e-ticket), in the case of an internet or telephone purchase;
- Or sent by post within a maximum of 7 working days, subject to payment of the applicable administration costs, to the address indicated by the Customer and validated by the Seller when allocating a reservation number, in the case of a telephone purchase;
- Or collected from one of the Seller's counters.
In the event of loss or damage to Access Tickets, the Customer shall inform the Vendor as soon as possible and collect regenerated tickets from the Vendor's ticket office on the day of entry to the Battle site.
6 - TERMS AND CONDITIONS
Access passes are dated and valid only for the date they specify. The Aliénor hostel is accessible to Customers with an Access Pass on the same day as a park ticket or from 8pm with a ticket for the show only. Restaurant tickets are only accepted at the hostel in the Parc Aliénor. They are only valid for the duration of the current season. Pets are not allowed on the site so as not to disturb the animals present on the show site. Each ticket for a paying show is allocated a specific seat. Children with free admission who are seated on the lap of their carer throughout the performance will also need a ticket (to be requested on site before access control). Seats must be taken by 10pm at the latest in July and August. After this time, tickets will not be accepted.
The "Pack" preferential rate applies only to the purchase of grouped products. The standard rate applies to all individual purchases.
Tickets for the Parc Aliénor are valid from 5.00 pm to 9.00 pm, tickets for the Auberge from 7.00 pm to 9.00 pm (only available with a ticket for the park from 5 pm or with a ticket for the show from 8 pm), tickets for the show from 9.00 pm (opening of the grandstands) starting at 10.00 pm in July and August (10.30 pm on the first weekend).
7 - CLAIMS
Any complaint relating to the Services must be sent to the Vendor by registered letter with acknowledgement of receipt, accompanied by all supporting documents, the Access Passes, including the number of Customers. This must be done within 15 days of the Services being carried out. Any consumer may have recourse, free of charge, to a mediation procedure with : Médiateur du Tourisme et du Voyage - BP 80 303 - 85 823 Paris Cedex 17 - in accordance with the procedures set out on the site ''www.mtv.travel/'' within ninety (90) days of the complaint being made to the Vendor and within a maximum period of one year from the written complaint being made to the Vendor.
8 - MODIFICATIONS AND CANCELLATIONS BY THE CUSTOMER - CANCELLATION INSURANCE
Access Tickets delivered to the Customer or collected on site cannot be refunded, exchanged or postponed. If the request for modification concerns a reduction in the number of people requesting the Services or the cancellation of one or more of the Services ordered, the modification will be considered as a cancellation within the meaning of the following paragraph. Cancellation or no-show by the Customer on the day in question: in the event of cancellation of all or part of the Order by the Customer, for whatever reason, the Customer may not claim any refund from the Vendor. With regard to Catering Services for which a reservation has been made, if the Customer does not arrive at the restaurant at least half an hour before the start time of the show, the Customer may be redirected by the Vendor's staff to another catering outlet; in this case, if the price of this catering outlet is lower than the price of the original restaurant, no refund will be made.
Cancellation may be requested under the following conditions: in the event of serious temporary illness or incapacity, permanent incapacity, serious accident or death; material damage or burglary requiring the customer's presence; serious damage to the insured's vehicle occurring within four hours of departure; summons to a make-up exam as part of higher education; obligation to attend notified by the customer's employer; birth of the insured's child; general transport strike; theft of tickets and associated reservations.
RIGHT OF WITHDRAWAL ARTICLE L 221-28 (12°) OF THE CONSUMER CODE The Right of Withdrawal cannot be exercised for contracts for: the provision of accommodation services, other than residential accommodation, the transport of goods, car hire, catering or leisure activities that must be supplied by a specific date.
9 - MODIFICATION AND CANCELLATION BY THE SELLER
The Vendor may at any time cancel or modify the Services offered in its brochures and on its Website. If, prior to the date on which the Services are to be performed, the performance of one of the essential Services (i.e. access to the Castegens site and catering services) of the Order is rendered impossible as a result of an external event that the Vendor is obliged to deal with, the Vendor shall notify the Customer as soon as possible and propose a modification to the Order by letter, e-mail or telephone. The Customer may then : - either request the cancellation of the Order, without penalty or costs and with full reimbursement, by registered letter with acknowledgement of receipt sent to the Vendor within twenty days of the date initially agreed for these services, - or accept the modification proposed by the Vendor. The Customer shall inform the Vendor of this choice in writing as soon as possible. If, during the Customer's visit to the Castegens site, one of the Services in the Order cannot be carried out by the Vendor for an unjustified reason other than force majeure, the Vendor will, as far as possible, offer the Customer a Service to replace the Service not carried out. In the event of the cancellation, by the Vendor or the organiser of this event, of a performance of the Battle, (with or without the constraint of a prefectoral decree, in the event of rain the show is maintained) on the express condition that the cancellation takes place before half of the performance of the Battle has elapsed, the tickets for the show will be reimbursed in full on request. This request must be made in writing, accompanied by supporting documents, within 30 days of the cancellation, failing which the request will not be accepted.
10 - INTELLECTUAL PROPERTY
The Seller retains full and complete ownership of its intellectual property rights. The Customer shall refrain from copying or imitating them, directly or indirectly. Any reproduction of the brand and identification signs belonging to the Seller is subject to prior written approval by the Seller.
11 - PERSONAL DATA
Subject to the Customer's acceptance at the time of the Order, this personal data is processed by computer in order to provide information to Customers about the Vendor's services and offers. This personal data may also be transmitted to the Vendor's partners, where this is useful for the performance of the Services, in particular to the Vendor's partner responsible for registering bookings via the Internet. In accordance with legal provisions, Customers have the right to access, rectify and object to their personal data. This right may be exercised: By registering free of charge on a telephone anti-solicitation list; By writing to the Vendor at the following address: Association Castillon 1453, 5 Allée de la République BP 89, 33 350 Castillon-la-Bataille, stating their full name and address...
12 - LIABILITY
The Vendor shall under no circumstances be held liable in the event of non-execution or poor execution of the Order attributable to the Customer or to the unforeseeable and insurmountable act of a third party.
13 - FORCE MAJEURE The Vendor's obligations shall be automatically suspended, without the Vendor being liable for any non-performance whatsoever, in the event of force majeure and, in general, in the event of an event beyond its control preventing the normal performance of the Order. The Vendor shall inform the Customer of the occurrence of such an event by e-mail or telephone, specifying the Services concerned. If the force majeure event or its consequences continue for more than 20 days from the date of the e-mail or telephone call, either Party may cancel that part of the Order which the Vendor is unable to fulfil, by registered letter with acknowledgement of receipt, without such cancellation giving rise to any compensation, penalty or indemnity whatsoever.
14 - SELLER'S INSURANCE
The insurance contract covering the consequences of the Seller's professional civil liability covers the following risks: bodily injury, material and immaterial damage combined for a value of €16,000,000, subject to the following limits: €5,150,095 for material damage and €1,545,028 for consequential immaterial damage.
15 - CONTACT DETAILS
Vendor and organiser: Association Castillon 1453, BP 89, 7 Allée de la République, 33350 Castillon-la-Bataille, declaration of creation: n° W335003227 dated 14/11/2015 (Libourne sub-prefecture), SIREN 815 034 251, entertainment entrepreneur licences: 1-L-R-21-010529, 2-L-R-21-001158 and 3-L-R-21-001159 Insurer: Groupama Centre-Atlantique - 2 avenue de Limoges - CS 60001 - 79044 Niort Cedex9.
16 - DISPUTES
The GCS and the execution of Orders are governed by French law.
