This Privacy Policy governs the collection and processing of Client data by KIRA (Bacchus and Clio), a French joint-stock company, whose registered office is at 26 Boulevard Saint-Marcel 75 005 PARIS, France, with a registered capital of 8,000.00 euros, registered at the PARIS Trade and Companies Register under number 878 994 300 (hereinafter “KIRA” or “B&C“).

While providing the Site, processing Orders and providing Services, KIRA/B&C may collect and process the Personal Data of Clients and Consumers.

The confidentiality of Personal Data is of paramount importance to KIRA/B&C, which has implemented strict rules and procedures to protect it.

The Client must read this Privacy Policy regarding the use of Personal Data carefully.

The Customer is fully informed that the Personal Data submitted and collected will be subject to automated processing.

For the purposes of this Privacy Policy, the following definitions will apply to all capitalized terms in both singular and plural:

• “Account“: the Client’s account on the Site, accessible by his login and password, and containing his personal information and his history on the Site;
• “Consumer“: the consumer for whom a Client Orders Services.
• “Client“: KIRA/B&C’s Client, who orders Services, for its own benefit or for the benefit of the Consumer;
• “Order“, “Ordered“: any order of Services from KIRA/B&C by the Client;
• “Partner“: any of KIRA/B&C’s partners who participate in the provision of Services. They can be a carrier, a bar, a restaurant, a wine producer, a museum, or any other partner.
• “Party“: KIRA/B&C and/or the Client;
• “Privacy Policy“: the present document;
• “Services“: the services provided by KIRA/B&C, such as Tourist Packages. These Services can consist of private experiences, such as trips, visits, private events, visits to restaurants and/or bars, combining art, architecture, gastronomy and history;
• “Site “: the sites bacchusandclio.com and www.kira-consultants.com and their components (computer code, graphic elements, databases, documentation, etc.) published by the company KIRA/B&C, as well as any other means of displaying the site (for example a mobile application).

• ACCEPTANCE ON THE WEBSITE

The Client must read the entire Privacy Policy and accept it without reservation.

Acceptance will be expressed by ticking the box next to the following sentence, when registering on the Site : “I acknowledge having read and accepted the Site’s Privacy Policy” or a similar sentence.

Ticking this box will be deemed to have the same value as a handwritten signature.

KIRA/B&C reserves the right to modify the Privacy Policy at any time by publishing a new version on its Site, by notifying it by email or by notifying the Client’s at his or her next connection to the Site.

If the Client has not accepted the modified Privacy Policy, the Client may exercise his or her right of refusal by deleting his or her Account. Prior to such deletion, the Client may recover his data.

The applicable Privacy Policy is the last one accepted by the Customer.

The KIRA/B&C site may contain links to a third-party site. It may have a different confidentiality policy and KIRA/B&C will not be held liable for this third-party site.

• ONLINE SIGNATURE

The Client confirms that he or she accepts the Privacy Policy by signing it, when it is attached to the quotation and the general terms and conditions.

When the Client fills out a form on the Site (creation and edition of an Account, provision of information to process an Order);

When the Client registers on the Site;

When the Client provides information on Consumers;

When the Client registers to the KIRA/B&C newsletter;

When the Client places an Order on the Site;

When KIRA/B&C, or its payment provider, processes the Client’s payments;

In case of any contact with KIRA/B&C related to a problem while using the Site, while Ordering or when the Services are Provided;

When the Client uses the Site;

In case of any contact with KIRA/B&C.KIRA/B&C may collect Personal Data from the Client in different ways:

KIRA/B&C collects and processes Personal Data in order to:

• Comply with its contractual obligations towards the Client and the Consumer.
• Prevent and fight against fraud, as part of its legal obligations.
• Fight against money laundering and terrorism financing, as part of its legal obligations.

The Client may however refuse to provide some Personal Data, but it may have an impact on the proper performance of the Site or on the provision of the Services.

KIRA/B&C may collect and process the following Personal Data, if provided:

• Customer and/or Consumer contact details and information (first and last name, e-mail address, telephone number, address, age);

This information is necessary in order to properly manage Order and for the provision of the Services to the Client and/or the Consumer.

• Customer and/or Consumer (who benefits from the Services) passport number;

This information is necessary for the Services to be provided to the Client and/or the Consumer, especially for hotel reservations.

• Customer and/or Consumer preferences and requests, necessary for the Services to be provided (allergies, diets, open data);

This information is necessary for the provision of the Services to the Client and/or the Consumer.

• Site connection information (IP address, browser type, operating system, place and time of connection, terminal identifier);

This information enables KIRA/B&C to improve and personalize the Site for the Client and/or Consumer. It is not mandatory.

• Customer banking information or payment information (last 4 digits of the credit card) ;

This information is necessary to enable KIRA/B&C to process Order payments.

• Details of Site use, such as cookies (quantity of data received, pages viewed, actions performed);

This information enables KIRA/B&C to improve and personalize the Site for the Client and/or Consumer. It is not mandatory.

All transactions are processed by a payment service provider that complies its obligations, especially PCI-DSS standards in force.

KIRA/B&C will not access payment information as this information is only processed by KIRA/B&C’s payment service providers.

KIRA/B&C’s payment service providers are: Paypal, Izzetle and Stripe.

The payment service providers’ general terms and conditions are available at the following addresses:

• Paypal: https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full
• Izzetle: https://www.izettle.com/fr/terminal-de-paiement/paiements-securises

Stripe: https://stripe.com/fr/privacy

KIRA/B&C may use the following cookies on the Site:

• Internal cookies with the following functions:
  • To collect traffic statistics (number of visits, page views, abandoned carts) in order to monitor and improve the quality of the Site and Services. It is possible to exclude their installation, as they are not mandatory for the provision of the Site.
  • Adapt the presentation of the Site to the Client’s display preferences. It is possible to exclude their installation, as they are not mandatory for the provision of the Site.
  • Store information entered in forms, manage and secure access to reserved and personal areas such as the Account, as well as manage the Order.

• Third-party cookies with the following functions:
  • Google Analytics (https://marketingplatform.google.com/about/) and Google NID, The purpose of these cookies is to allow KIRA/B&C to collect traffic statistics. It is possible to exclude their installation, as they are not mandatory for the provision of the Site.
  • Polylang (http://polylang.pro). The purpose of these cookies is to translate the site into several languages. It is possible to exclude their installation, as they are not mandatory for the provision of the Site.

The cookies are the following:

You can prevent cookies from being installed as follows:

• By refusing them on the appropriate banner.
• By deleting them via the appropriate option in the browser.
  • Google Chrome: Tool menu / Settings / Show advanced settings / Content settings / Allow local data storage.
  • Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
  • Mozilla Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
  • Safari: https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

Only technical cookies cannot be refused, as they are necessary for the Site to function.

The Client may accept certain cookies and to refuse others, accept all of them, or refuse all of them, but the Site may not function properly if they are functional cookies.

These cookies are installed for a maximum of thirteen (13) months.

The Personal Data collected is stored within the European Union, by a service provider that complies with industry standards in terms of computer security.

No data will be transferred outside the European Union.

Personal Data will never be disclosed or transferred to a third party without the prior consent of the Client.

KIRA/B&C may transfer Personal Data under the following conditions:

• If KIRA/B&C is purchased by a third party, in which case the Personal Data will be transferred to the buyer, who will be substituted for KIRA/B&C in the application of this Privacy Policy.
• If KIRA/B&C is required to transfer the Personal Data in response to a legal obligation.

KIRA/B&C may use the following service providers, who may have access to the Personal Data, which the Client accepts:

• Partners participating in the provision of the Services. These Partners vary depending on the type of Service, but the Client will be informed of their name at the latest before the Services are provided.
• CRM: Sellsy
  • KIRA/B&C will send the information of the Client or Consumer to manage the Services.
• Payment Service Provider : Paypal, Izzetle and Stripe
  • KIRA/B&C will send the Client’s payment information to process the payments.
• Hosting of the Site: Blue Host
  • All Personal Data may be stored on the servers of this provider.

These service providers have undertaken to KIRA/B&C to respect their legal and regulatory obligations in terms of personal data.

Personal Data may also be sent to any administrative authority upon request, or in compliance with the law or a court order.

KIRA/B&C ensures that Personal Data is stored under conditions that meet industry standards.

KIRA/B&C undertakes to comply with regulations applicable to the security of Personal Data and cannot exclude its liability in this respect.

The Site is secured by an SSL certificate.

The Site’s communications are encrypted.

KIRA/B&C ensures that its employees and service providers responsible for processing Personal Data are subject to an appropriate confidentiality obligation.

In the event of a Personal Data Breach, KIRA/B&C will inform the Client as soon as possible.

KIRA/B&C will store the Personal Data for the duration of the validity of the Account.

If the Account has not been active for two (2) years (date of last login), or in the event of deletion of the Account by the Client, Personal Data will be deleted automatically, except if it is strictly necessary to maintain KIRA/B&C’s commercial accounting and to comply with KIRA/B&C’s legal obligations (such as the limitation period).

Otherwise, Personal Data will be deleted two (2) years after the end of the Services.

In compliance with the Data Protection Act and GDPR, any data subject has the following rights for all Personal Data transmitted to KIRA/B&C:

• Right to access,
• Right to rectify and modify,
• Right to limit processing,
• Right to oppose,
• Right to port.
• Right to give instructions on post-mortem use of data.

It is possible to exercise these rights by contacting KIRA/B&C at the following contact address, with a copy of an identity document: contact@bacchusandclio.com

In accordance with its legal obligations, KIRA/B&C will comply with the request within a maximum period of one (1) month from receipt of the request.

This Privacy Policy is governed by French law.

The Privacy Policy is written in English, but the French version will be of superior value.

The Client may submit any dispute relating to the execution or interpretation of the Privacy Policy that is not amicably resolved between the Parties, to the French Data Authority.

It may also be submitted to the competent court within the jurisdiction of the Court of Appeal competent for the head office of KIRA/B&C, including in case of summary proceedings, appeal in warranty or plurality of defendants, and regardless of the country of origin of the Client.

In these GTC and any other related contractual documents, capitalized terms shall have the following definition, in both the singular and plural:

• “Client“: B&C’s client, who Order the Services;
• “Order“, “Ordered“: any order of Services from B&C by the Client;
• “Account“: the Client’s account on the Site, accessible by his or her login and password, and containing his or her personal information and his or her history on the Site;
• “Tourist Package“: any Service combining “at least two different types of travel services for the purpose of the same trip or holiday stay, exceeding twenty-four hours or including one night” in compliance with Article L211-2 of the French Tourism Code.
• “Partner“: B&C’s partners, who participate in the provision of the Services. They can be a carrier, a bar, a restaurant, a wine producer, a museum, or any other partner.
• “Party“: B&C and/or the Client;
• “Privacy Policy “: B&C’s privacy policy, accessible on the Site;
• “Services“: the services provided by B&C, such as Tourist Packages. These Services can be private experiences, such as trips, visits, private events, visits to restaurants and/or bars, combining art, architecture, gastronomy and history;
• “Site “: the sites kira-consultants.com and www.bacchusandclio.com and their components (computer code, graphic elements, databases, documentation, etc.) published by KIRA/B&C, as well as any other means of displaying the site (for example a mobile application).

The Client is invited to read these GTC carefully, print them and/or save them on a durable medium.

• Signature of the GTC on the bacchusandclio.com site

This Article applies when the GTC are accepted by the Client on the Site.

• Application and Change of the GTC

KIRA/B&C reserves the right to change the GTC at any time by publishing a new version of the GTC on the Site, by notifying the Client by email or at his/her next connection to the Site.

The Client will be invited to accept the modified GTC.

In the absence of acceptance of the modified GTC, the Client may exercise his or her right of refusal by deleting his or her Account on the Site.

The GTC applicable to the use of the Site are those in force at the date of use.

The GTC applicable to an Order are those in force on the date of the Order.

These GTC are applicable regardless of the country of origin and country of visit of the Client.

The GTC are applicable for the entire duration of use of the Site by the Client.

In case of translation into another language, the French version shall be deemed of superior value.

The GTC may be supplemented, for certain specific Services, by Special Conditions (“SP”) that derogate from the present GTC.

Legal information of the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in these GTC, the Privacy Policy and the legal notices of this Site.

• Acceptance of the GTC

Registration on the Site and its use, as well as any Order, implies that the Client has accepted the GTC without reservation.

Acceptance shall be expressed by ticking the box next to the following sentence when registering on the Site and before validating an Order, “I acknowledge that I have read and accepted all the general terms and conditions of the Site” or another similar sentence.

Any person for whom the Services are Ordered is also considered to have accepted the GTC, as the signatory provides his or her consent, subject to his or her prior authorization.

Ticking this box will be deemed to have the same value as a handwritten signature.

• Online signature of the GTC

This Article is applicable when the GTC are attached to the quotation issued by KIRA/B&C or B&C.

By signing the quotation, the Client confirms that (s)he read and accepted the GTC without reservation.

• Provisions of the French Tourism Code

These GTC are subject to the provisions of the French Tourism Code. Articles L211-1 to L211-14 of the Tourism Code are only applicable to Services that are considered Tourist Packages. For any Services that is not a Tourist Package, these Articles do not apply.

• Precontractual information

The GTC, and where applicable the SP, completed with the quotation, the Order receipt and the description page of each Service, constitute the necessary pre-contractual information required by the Tourism Code. These documents become contractual upon confirmation of the Order.

KIRA/B&C, as well as all its Partners, will ensure the proper execution of the Services. Assistance will be provided to the Customer if necessary.

• Legal Capacity

Acceptance of these GTC, use of the Site, and any Order implies that the Client has the necessary legal capacity to do so.

The Client must be over eighteen (18) years of age and have the legal capacity to contract.

If KIRA/B&C is informed that a Client does not have the legal capacity to enter into a contract, his or her Account may be immediately closed, without notice and without engaging the liability of KIRA/B&C. Any Order placed without legal capacity may also be cancelled under the same conditions.

• Compliance with regulations

The Site complies with French regulations. Therefore, KIRA/B&C cannot be held responsible, if a Client located outside of French territory consults the Site, or Orders Services, in the event of non-compliance with applicable foreign regulations.

In particular, the Client must be aware of the applicable local and national laws. KIRA/B&C cannot be held liable in the event of failure to comply with such laws.

• General Terms

The Services may include, without limitation:

• Travel, including transportation and accommodation;
• Visits;
• Catering, tasting or gastronomic services;

These Services may include, but are not limited to, meals in restaurants, visits to bars and wineries, and combine art, architecture, gastronomy and history.

They may be offered as is or created with the Clients.

Each part of the Services is offered and provided by KIRA/B&C’s Partners. The Client is informed of the Partner who will provide the Services prior to signing the contract.

Some Services are considered Tourist Packages, and others are not.

Under the French Tourism Code, KIRA/B&C, its Partners and the Client are jointly responsible towards the Consumer, for the proper performance of the Services constituting a Tourist Package, and must provide assistance to the Client in case of difficulty. If the Service is not a Tourist Package, the Partner will be solely responsible for it, which the Client accepts.

If the Client Orders several Services independently, (s)he must ensure that they are compatible with each other.

The Client must inform KIRA/B&C, in writing and at the latest at the time of the Order, of any special request made by Consumer that may have an impact on how the Service is provided (reduced mobility, wheelchair, animal, transport of specific luggage, etc.).

The Client must ensure that (s)he can receive the Service, and, in case of doubt, must contact KIRA/B&C beforehand with any questions.

Certain Services may not be offered to disabled persons or persons with reduced mobility. KIRA/B&C will inform the Client before any Order, and the Client must also inform the Consumer.

Minors must be accompanied by a responsible adult.

The Client must provide KIRA/B&C with the required information (surname, first name, etc.) of the Consumers for whom the Service is provided.

The Client must inform KIRA/B&C if the Service provided is not compliant with its Order.

Services are provided under a best-efforts obligation. KIRA/B&C will make its best efforts to ensure that the Service fits the Client’s expectations, but unforeseen circumstances may arise.

• Specifications of the Services

The Services’ description and schedule is provided by KIRA/B&C.

KIRA/B&C describes the specifications of the Services on the basis of the information at its disposal or provided by its suppliers. However, these may vary marginally without constituting contractual inexecution.

The schedule is provided for information purposes only and may change depending on the circumstances arising while providing the Services, such as climatic hazards, fortuitous events or security requirements. In case of delay, KIRA/B&C will not be held responsible and change the schedule, if possible. This will not be a cause for cancellation of the Service. If the Service has to be cancelled, the “Cancellation by KIRA/B&C” Article of the GTC will apply.

The visual elements (photographs, videos, illustrations) illustrating the Services on the Site do not constitute contractual documents and are presented only for illustration purposes and not for information. They should not be considered a determining element to place an Order. KIRA/B&C cannot be held liable if the Services are not identical in all respects to those described at the time of the Order.

KIRA/B&C can change the price, the characteristics of the Services, the opening and closing dates of the hotels, the itineraries, as well as the minimum number of persons required for the Service. KIRA/B&C will inform the Client of it.

Some Services may be cancelled if there is an insufficient number of participants. In this case, the “Cancellation Policy” Article will apply.

The Client is responsible for ensuring that the Services fit his/her expectations and needs.

KIRA/B&C will not be liable if the Services do not fit the Client’s expectations and needs.

• Availability of Services

Prior to the Order, KIRA/B&C will inform the Client on whether the Services are available. KIRA/B&C has no obligation to ensure the availability of the Services prior to any Order.

If, exceptionally, a Service becomes unavailable after the Order, the “Cancellation by KIRA/B&C” Article will apply.

• Administrative Formalities

All Clients must comply with applicable police and health regulations at all times during the trip.

Clients must ensure that they have completed all necessary police, customs and health formalities.

KIRA/B&C does not provide any assistance in doing so.

The Client should contact the appropriate services of his/her country of origin and/or destination, under his/her own responsibility, in order to know the formalities to be carried out.

If the Client travels with a minor, (s)he must make sure that (s)he has all the necessary authorizations and documentation for this purpose. If the minor is travelling alone, (s)he must have an authorization to leave the territory (CERFA n°15646*01 to be downloaded from the website: https://www.formulaires.modernisation.gouv.fr/gf/cerfa_15646.do), an identity document or a passport.

KIRA/B&C will not be held liable if the Client has not taken care of all the necessary formalities before departure or during the stay, if the Client has provided false information (especially identity information) and for all the consequences (delay, refusal to board, ban on entering the territory).

The Client will be solely responsible of it, and will bear all the consequences (such as expenses incurred), without any reimbursement being due by KIRA/B&C, and without replacement Service being provided.

KIRA/B&C informs the Client of the hotel category communicated by its Partner. It can be a hotel, a bed and breakfast, or any other type of hotel.

The hotel category varies depending on the applicable classification in the Partner’s country.

The price is calculated on the basis of the number of nights, the latter being defined as between the evening (variable time) and the morning (variable time).

The Client is informed of the address of the booked accommodation prior to the Order.

Each Partner has its own arrival and departure policy, which will be provided to the Client at the time of the Order.

The Partner is also in charge of room allocation. The Client is informed of the available choices (such as individual or multi-bedrooms), but KIRA/B&C does not warrant that this choice will be available. If the Client wishes to change his room type, this can only be done subject to availability, and a supplement may be invoiced by KIRA/B&C or directly by the host.

The Service ordered is standard. Supplements are ordered at the discretion of the Client and will be invoiced by the Partner, directly to the Client. KIRA/B&C provides no guarantee of their price.

The accommodation Package may include breakfast, lunch or dinner, which may vary depending on the Partner. The Client will be informed of it by KIRA/B&C prior to the Order. The Client must inform KIRA/B&C or its Partner of any allergies or diet at the time of the Order. If no information is provided at the time of the Order, KIRA/B&C and its Partner will only have to make their best-efforts to take this into account, without any guarantee. Failing this, the meal provided will be standard and cannot take into account the requests of the Client.

KIRA/B&C will not be liable for the Client’s personal effects, as well as for any valuables and identity documents present in his luggage. KIRA/B&C is under no obligation to monitor these items, which are not insured in the event of theft or damage. The Client is invited to keep his/her valuables safe, not to leave them in an open room, and to ensure their safety.

In the event of a reduction in the number of overnight stays due to the Client, no reimbursement or compensation will be due by KIRA/B&C.

KIRA/B&C provides the location of Client pick up prior to the Order and in the Order summary.

The place of pick-up will be clearly indicated, and the Client be invited to present him/herself.

If the Client is not present at the scheduled time, the Order will not be reimbursed, and no compensation will be due by KIRA/B&C.

If the scheduled method of transport is unavailable, KIRA/B&C may replace it with another equivalent method of transport. KIRA/B&C has not obligation to provide a specific method of transport, and only undertakes to provide the transport service, via its Partners. This does not constitute cancellation from the Partner, and does not entitle the Client to any reimbursement or compensation from KIRA/B&C.

The Client’s luggage must be of a standard size. Any bulky or special luggage, not previously declared and accepted by KIRA/B&C, may be refused.

KIRA/B&C will not be liable for the Client’s personal effects, as well as for any valuables and identity documents present in his luggage. KIRA/B&C is under no obligation to monitor these items, which are not insured in the event of theft or damage. The Client is invited to keep his/her valuables safe, not to leave them in an open room, and to ensure their safety.

KIRA/B&C only has an obligation, as far as possible and traffic permitting, to schedule a departure at the announced time. KIRA/B&C will not be held responsible in case of late arrival from the Client, which does not give the right to any reimbursement or indemnity from KIRA/B&C. If a combined Service is provided, KIRA/B&C will provide its best efforts to adapt the schedule in case of a transport delay.

The Services may include any visit to places such as museums, wineries or any other visit.

The Services are provided at a specific date and time.

KIRA/B&C’s Partners are committed to providing quality Services. However, KIRA/B&C does not warrant that the Service will meet the Client’s expectations. KIRA/B&C is only under a best-efforts obligation to ensure that the Service fits its description.

If the Client is not present at the scheduled time, the Order will not be reimbursed, and no compensation will be due by KIRA/B&C.

These Services include restaurants, wine tastings in wineries, and bars.

The Client must inform KIRA/B&C of any specific request or specificities (allergies, diet, etc.) at the time of the Order. KIRA/B&C will provide its best efforts to meet the needs of the Client, without guaranteeing it.

These Services are provided at a specific date and time. The Client is informed of it at the time of Order.

The specifications of the Service are described prior to the Order but may vary depending on the availability of the involved parties. KIRA/B&C may change the Service as a result.

KIRA/B&C’s Partners are committed to providing quality Services. However, KIRA/B&C does not warrant that the Service will meet the Client’s expectations. KIRA/B&C is only under a best-efforts obligation to ensure that the Service fits its description.

If the Client is not present at the scheduled time, the Order will not be reimbursed, and no indemnity will be due by KIRA/B&C.

If the Client wishes to Order a customized Service, (s)he is invited to contact KIRA/B&C’s customer service department with his/her request.

KIRA/B&C and the Client will discuss it and set up a Service that fits the Client’s request.

This Service may be subject to special financial conditions, which will be validated by the Client at the latest at the time of the Order.

The Client may then Order the customized Service from KIRA/B&C, via the Order process described in the GTC.

This Service may be a Tourist Package if it meets the criteria of Article L211-2 of the French Tourism Code. Otherwise, it will be governed by the provisions of the GTC applicable to standard Services.

Order Method

The Client may Order Services on the Site or by any other method offered by KIRA/B&C.

• Order via online signature

KIRA/B&C can issue a quotation, to which the GTC are attached, after having discussed the needs of the Client.

The Client must then return the signed quotation to KIRA/B&C, with the payment or deposit, if it is a Tourist Package.

The Order is complete when KIRA/B&C receives the Client’s payment, except if the Service is a Tourist Package, in which case the Order is complete upon receipt by KIRA/B&C of the deposit.

The contact details and information provided by the Client must be up to date and real. If this is not the case, KIRA/B&C cannot be held liable if this impacts the Services or in case of an error from the Client.

• Order Mistake

KIRA/B&C shall under no circumstances be held liable for any error made by the Client while choosing the Service, for any typing errors made by the Client while placing the Order, or for any other erroneous information provided by the Client, nor for any consequences resulting therefrom.

• Order Refusal

KIRA/B&C reserves the right to refuse any Order for legitimate reasons, especially in case of payment problems, provision of incomplete and/or inaccurate information by the Client, abnormally large Orders compared to Orders usually placed by the Client or Orders placed in bad faith.

• Order Cancellation

Orders may only be cancelled as stated in the “Cancellation Policy” section of these GTC.

• Change of Order

The modification of an Order may be subject to an administrative fee of 150.00 euros.

Any Client who wishes to change an Order must contact KIRA/B&C’s customer service department, who will provide, if necessary, a change Order quotation, to be accepted by the Client.

KIRA/B&C is under no obligation to accept any change to an Order, which the Client accepts.

Certain Services may not be modified. In this case, the Article “Cancellation Policy” will apply.

• Archival

KIRA/B&C will archive the Orders and invoices on a reliable and durable support constituting a faithful copy. The computerized registers will be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.

Price and Payment Method

• Price

Unless otherwise stated in writing, KIRA/B&C’s prices are in euros, all taxes included (VAT included).

The price of Service is displayed per person, unless otherwise stated prior to the Order.

The prices are firm as of the Order by the Client, and include the costs applicable to the Order, such as transport taxes, exchange rates and tourist taxes.

In case of a variation of the applicable taxes, as stated in Article L211-12 of the French Tourism Code, it will be fully and immediately passed on to the price of the Order, including in the event of a prior Order, which the Client accepts. This price may change at the latest twenty (20) days before the date of the Service, and the Client shall be informed at the email address used for the Order.

KIRA/B&C will indication the proportion of the price subject to these changes prior to the Order.

Any optional supplement will be invoiced in a complementary manner, which the Client accepts. The prices of supplements are provided to the Client and validated by him/her prior to any supplement order.

KIRA/B&C reserves the right to pass on any change in the VAT rate to the price of the Services.

KIRA/B&C also reserves the right to change its prices at any time. Nevertheless, the price in force on the day of the Order will be the only one applicable to the Client.

• Deals

KIRA/B&C can offer last minute promotions and sales. Rates may therefore vary, for identical Services, in case of bookings at different periods.

No refund of the difference will be provided to the Client who has placed an Order at a higher price, which the Client accepts.

• Payment

The Client may pay by credit card, bank transfer or by any other method of payment offered by KIRA/B&C. The Client warrants to KIRA/B&C that it is the holder of the payment method used for the payment of the Order and that it has sufficient funds to cover the payment of its Order in full.

Unless specifically agreed by KIRA/B&C, the Order will not be considered complete until payment has been received in full by KIRA/B&C. If full payment has not be made by the Client, no Services shall be provided to the Client. KIRA/B&C cannot be held liable in this respect.

Payment must be made at the time of validation of the Order by the Client.

If it is impossible to debit or collect the sums due in settlement of the Order, for any reason whatsoever, the Order may be cancelled, without prejudice to the damages that KIRA/B&C may request to compensate for its loss.

Payments by credit card are made via secure transactions provided by a payment service provider who complies with industry standards.

KIRA/B&C has no access to any data relating to the Client’s method of payment with the exception of the last digits of the bank card. Payment is made directly to the bank or payment service provider receiving the Client’s payment.

• Payment Schedule

The price must be paid in full at the time of the Order, except if the Order includes Tourist Packages.

If Tourist Packages are included, a deposit must be paid at the time of the Order, the amount of which is indicated prior to the Order, and the balance no later than thirty (30) days before the date of the Service.

If the Order of the Tourist Package takes place less than thirty (30) days before the date of the Service, the price must be paid in full at the time of the Order.

If the balance of the price of the Tourist Package is not paid as scheduled, KIRA/B&C has no obligation to provide the Service, which will be automatically cancelled, and “Cancellation Policy” Article may apply, which the Client accepts. The refund may then be reduced by the cancellation fees. KIRA/B&C cannot be held responsible in this respect.

• Late Payment

Any late payment may cause the invoicing of late payment penalties without any prior formal notice being necessary. The rate of these penalties is equal to three times the legal interest rate and is applicable from the first day of delay. A sum of forty (40) euros may also be invoiced for collection costs.

The charging of interest for late payment and administrative collection costs does not preclude KIRA/B&C, at its discretion, from taking legal action to obtain additional damages.

In the event of a payment incident, KIRA/B&C reserves the right to cancel the Order immediately and without formal notice, without the Client being able to claim any compensation or KIRA/B&C being held liable.

Cancellation may be subject to cancellation fees, except in cases where KIRA/B&C cannot invoice such cancellation fees to comply with applicable laws.

The cancellation request must be sent to KIRA/B&C’s customer service department by the Client, and will be deemed to have been received on the first working day that follows its receipt.

The Services not used by the Client (whether due to non-presentation or incomplete use of the Service), for any reason, are not reimbursed and no compensation is provided.

Any reimbursement will be sent to the Client within fourteen (14) days from written confirmation of reimbursement by KIRA/B&C.

• Cancellation by KIRA/B&C

If KIRA/B&C cannot provide the Services, KIRA/B&C may cancel the Services, in whole or in part.

KIRA/B&C will inform the Client at the latest, in compliance with applicable legislation:

• Twenty (20) days before the start of the Service if it last longer than six (6) days,
• Seven (7) days before the start of the Service if it lasts between two (2) and six (6) days,
• Forty-eight (48) hours prior to the start of the Service if it is less than two (2) days.

As an exception to the above, if KIRA/B&C is prevented from providing the Service due to exceptional and unavoidable circumstances, KIRA/B&C will inform the Client as soon as it is possible.

The Client will be reimbursed in full of the amount of the cancelled Services.

No additional compensation is due to the Client.

• Change of Services by KIRA/B&C

KIRA/B&C may also change the Services, after the Order, due to external circumstances and if it is impossible to provide them due to unforeseen circumstances.

The Service may be change due to the period, the attendance or decisions of the Partner on site.

In this case, KIRA/B&C will make its best efforts to offer an equivalent alternative. This will not constitute a change of any of the essential specifications of the Service.

The Client may refuse the modification, at the latest seven (7) days from the proposal to replace the Service, and to request a full refund of the cancelled Service. If the Client does not expressly refuse, the Client shall be deemed to have accepted the change.

If it is impossible to replace the Service, the “Cancellation by KIRA/B&C” Article will apply.

• Cancellation of Tourist Packages by the Client

In compliance with Article 211-14 of the French Tourism Code, the Client may request to cancel his/her order, if the Service is a Tourist Package, at any time before the date of the Service.

All sums paid for the Order will be reimbursed, with the deduction of cancellation costs specified in this Article, unless a specific insurance policy has been taken out by the Client. This refund will be issued to the Client.

The cancellation costs shall be as follows:

Full reimbursement if the cancellation takes place more than sixty (60) days prior to the date of the Service, less any irrecoverable ticket or reservation fees.

Fifty (50)% of the total amount will be retained if the cancellation takes place between sixty (60) and thirty (30) calendar days before the date of the Service, if the Services provided are provided to private groups and therefore cannot be remarketed to a third party.

No refund will be made if the cancellation is requested thirty (30) days or less than thirty (30) calendar days from the date of the Service.

• Cancellation of Services other than Tourist Packages by the Client

Orders for Services other than Tourist Packages can be cancelled in the following manner.

The Client may request to cancel his/her order, if the Service is not a Tourist Package, at any time before the date of the Service.

Refund will be made as detail below, without any other compensation. Cancellation entails reimbursement as detailed below, without any other compensation. This refund will be issued to the Client.

Refund will be processed as follows:

Full reimbursement if the cancellation takes place more than thirty (30) days prior to the date of the Service, less any irrecoverable ticket or reservation fees.

In case of cancellation earlier between thirty (30) and ten (10) calendar days prior to the date of the Service: fifty (50)% of the total amount paid by the Client for the cancelled Service will be refunded.

In case of cancellation between ten (10) calendar days and three (3) calendar days prior to the date of the Service: twenty five (25)% of the total amount paid by the Client for the cancelled Service will be refunded.

No refund will be granted for cancellations less than three (3) calendar days before the date of the Service.

In compliance with regulations, the Tourist Package Services may be transferred by the Client to a third party, without any modification of the contract. The other Services cannot be transferred to a third party.

If a Client makes such a request, (s)he must inform KIRA/B&C’s customer service department in writing, no later than seven (7) days before the date of the Service, in order to confirm whether this change is possible. If a Service was due to be provided to an adult, it cannot be provided to a minor as a replacement.

An administrative fee of 150.00 euros will be charged to the Client, as well as any additional costs incurred by KIRA/B&C as a result.

The Client and the assignee shall be jointly and severally liable for the payment of this fee, and for the balance of the Order, if any.

Customer service can be reached:

At the following address: contact@bacchusandclio.com

On the phone, from 8am to 8pm CET, at the following numbers:

• • Franck Ramage: +33 6 68 25 07 96
  • Charlotte King: +33 7 78 82 12 19

• Site Liability

KIRA/B&C may not be held liable for any direct or indirect damage resulting from the visit of a Client or that of a third party to the Site, or from the use or impossibility of using the Site.

This limitation of liability concerns any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of opportunity.

KIRA/B&C will also not be liable for damage caused by malicious software, viruses or by any inaccuracy or omission of information on the Site, unless said damage results from a deliberate act or gross negligence on the part of KIRA/B&C.

KIRA/B&C does not guarantee the accuracy of the Site and declines all responsibility for any error or other inaccuracy relating to the information and description of the Services on the Site (including, without limitation, prices, availability, photographs, characteristics, inclusions and exclusions, general service descriptions, notices and ratings, etc.).

• Sale of Services

KIRA/B&C will only be liable for direct damage caused to the Client while providing the Services.

KIRA/B&C shall not be held responsible for indirect damage caused to the Client while providing the Services.

This limitation of liability concerns any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of chance.

In all cases, KIRA/B&C’s liability, with the exception of bodily injury, or intentional or negligent damage, in the context of damage suffered during the performance of Services, cannot exceed the value of the Order.

KIRA/B&C shall not be liable for damages caused by the fault of the Client or a third party, or in the event of force majeure.

• Special Liability for Services

The Client must comply with the rules of each Partner (accommodation, carrier, restaurants, bars, etc.), as well as the standard rules of behavior. Failing this, KIRA/B&C may terminate the Service, without any reimbursement or compensation, including if additional Services (such as return transportation) were scheduled.

KIRA/B&C may refuse any Client whose conduct or behavior is likely to impact the proper performance of the Service.

KIRA/B&C will not be held responsible in the event of an incident occurring over the course of services purchased directly from a third party by the Client or resulting from a personal initiative of the Client.

The Partners providing the Services are independent third parties and not employees of KIRA/B&C. KIRA/B&C cannot be held responsible for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of the Partners or for any personal injury, death, property damage or other damage or costs resulting from the Services. The present Article will apply only within the applicable legal limit, if Tourist Packages are Ordered.

This Article applies only if Services are Ordered on the Site.

• Site

The Site is freely accessible and free to use for any Client.

Each Client may only create one Account on the Site.

Access to the Site may be restricted at any time to allow maintenance, repair or updating of the Site.

KIRA/B&C does not have any quality of service obligation for its Site, and will make its best-efforts to ensure that it is accessible.

KIRA/B&C ensures the secure use of the Site. However, given the nature of the Internet, KIRA/B&C cannot guarantee absolute security of the Site and is only bound by a best-efforts obligation.

• Website Content

The content of the Site is developed by KIRA/B&C or its Partners.

It is provided for information purposes only and does not commit KIRA/B&C in any way whatsoever.

KIRA/B&C will not be held liable, in any way whatsoever, if the Client takes action on the basis of the contents of the Site.

• Login and Password

The Client will create an Account, by choosing his login (email address) and a password.

The Client must also provide the information necessary for KIRA/B&C to properly execute its obligations, including any information relating to a third party benefiting from a Service.

This Account will be used by the Client to access his account on the Site and to Order on the Site.

The Client must provide a strong and sufficiently complex password. KIRA/B&C will not be liable in the event of third-party access to the Account, by a brute force attack.

• Use of the Account

The Client is responsible for the security and use of his login and password. The Client must ensure that they are used in compliance with these GTC.

KIRA/B&C will not be liable in the event of unauthorized use of the Account by a third party, and will not be held liable in the event of damage caused by such use.

If the Client notices that his/her Account is compromised or used without authorization, or any other security flaw related to his/her Account, (s)he must inform KIRA/B&C as soon as possible.

KIRA/B&C will not be liable if it is impossible for the Client to access the Site.

However, KIRA/B&C may, at any time, close and delete the Account without having to notify the Client, in case of a violation of the provisions of the GTC, without any compensation being due to the Client. KIRA/B&C cannot be held liable in this respect. However, KIRA/B&C may hold the Client liable and claim damages in this respect if the Client has not complied with the present GTC.

• Security

The Client must not, without limitation:

• Act in a way that could compromise the operation of the Site,
• Attempt to access a third party’s Account,
• Attempt to access the servers (outside normal use of the Site) or computers on the KIRA/B&C network,
• Attempting to upload viruses, Trojan horses, or any other invasive or illegal programs to the Site or its servers,
• Extract data from the Site without prior written authorization from KIRA/B&C,
• Use the Site in an unlawful manner or in violation of these GTC or any applicable law.
• Account Data

The Client must provide real information on his/her Account, which will be used by KIRA/B&C to execute its contractual obligations.

In compliance with the “Personal Data” Article, the Client may also request the deletion of his Account, under his right of access and rectification from GDPR. In this case, the Client’s data will be deleted by KIRA/B&C.

The texts, images, domain names, trademarks, designs, models, patents, software, databases, used by KIRA/B&C, as well as the Services, are:

• the property of KIRA/B&C, or ;
• if applicable, the property of a third party having granted a user license to KIRA/B&C.

These elements are protected worldwide.

The present GTC do not grant any intellectual property rights to the Client, who may not copy any of KIRA/B&C’s elements, in whole or in part, without KIRA/B&C’s prior written consent.

Any partial or total reproduction of these elements may constitute an infringement. KIRA/B&C reserves the right to take any action that may be necessary to enforce its rights and to repair its prejudice.

The collection and processing of Personal Data is governed by the Privacy Policy, available at the following address: 50 avenue du Lazaret, 17000 La Rochelle, France.

The Client must read and accept it.

It can be either accepted by the Client when registering on the Site, or by signing it electronically with the quotation and the GTC.

The Client is invited to take out an insurance policy covering its liability relating to the Services.

Insurance may be offered by KIRA/B&C through its insurance Partner. The conditions of the insurance and guarantees will be provided to the Client before any Order, as well as its rates and conditions.

The insurance is a separate contract from the Order, and cannot be reimbursed in the event of cancellation of the Order, for any reason whatsoever.

• Mediation

In compliance with articles L612-1 et seq. of the French Consumer Code, the Client, a consumer, may, in case of a dispute with KIRA/B&C, request the free intervention of the following mediation service: Centre de Médiation et d’Arbitrage de Paris (CMAP) http://www.cmap.fr/offre/un-consommateur/, if (s)he has received no response from KIRA/B&C after a reasonable period of one (1) month :

• By email : consommation@cmap.fr
• By mail : CMAP 39 avenue Franklin D. Roosevelt 75008 PARIS, France

The Client, acting as a consumer, remains free to accept or refuse to use mediation and, if (s)he chooses to use it, each Party is free to accept or refuse the solution proposed by the mediator.

• Entire Agreement

These GTC prevail over any other stipulation potentially applicable to the relationship between KIRA/B&C and the Client. These GTC cancel and replace any previous commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.

• Exclusivity

No exclusivity is agreed to by the Parties by the acceptance of these GTC. The Parties remain free to contract with third parties of their choice.

• Survival

The end of these GTC, for any reason whatsoever, shall not apply to clauses whose nature or content require their maintenance.

• Severability

If any provision(s) of these GTC is/are held to be invalid or declared as such pursuant to any law, regulation or final decision of a competent court, it/they shall be deemed to be unwritten. The other stipulations will retain their full force and scope.

• Non-waiver and tolerance

KIRA/B&C’s failure to claim a breach of any of its obligations by the other Party under these GTC shall not be construed as a waiver of such obligation in the future and shall not have the effect of granting the other Party any vested rights.

A default or delay in exercising its right shall not be construed as a waiver of such right by KIRA/B&C.

• Independence

Neither Party may make commit the other Party. Furthermore, each Party shall remain solely responsible for its acts, allegations, commitments, benefits and personnel.

• Proof

The Parties agree that all electronic communications, including e-mail, shall be have full value of proof.

In particular, the Client acknowledges the probatory value of KIRA/B&C’s automatic recording systems and, unless he/she can prove it has been tempered with, he/she waives the right to contest them in the event of a dispute.

• Force Majeure

While executing its contractual obligations, KIRA/B&C will not be held liable in the event of failure to perform its obligations due to any event of force majeure.

For the purposes of the present GTC, force majeure is understood as any unforeseeable, irresistible event external to the Parties within the meaning of French law and jurisprudence. This includes, without limitation: strikes without notice, terrorism, technical incidents, bad weather and epidemics.

In the event of the occurrence of a case of force majeure, this will have the effect of suspending the execution of KIRA/B&C’s obligations, which will do its best to limit the consequences and resume the execution of the GTC as soon as the event or circumstances of force majeure disappear or cease.

• Applicable laws and disputes

The law applicable to the present contract is French law, regardless of the Client’s country of origin.

The GTC are written in English, but the French version shall be of superior value.

Any dispute relating to the execution or interpretation of these GTC, which is not amicably resolved between the Parties, will be submitted to the competent court of KIRA/B&C’s head offices, including in matters of summary proceedings, appeal in warranty or plurality of defendants, and whatever the country of origin of the Client.