Terms of use

Last update: 07/11/2025

1. Purpose and scope

These General Terms and Conditions of Use (the "Terms") govern access to and use of the website and digital services operated by Winalist by any individual or legal entity (the "User" or the "Visitor"). Winalist operates a platform connecting users with wine tourism professionals (the "Hosts") offering tourism experiences (the "Experiences").

These Terms of Use apply to all functionalities of the website, API, applications, and related services (collectively, the "Platform"). They are supplementary to: (i) the Partner Terms of Use applicable to hosting providers and (ii) the Privacy Policy . In the event of a conflict, these Terms of Use apply to users/visitors and the Partner Terms of Use apply to hosting providers.

When a user accesses the Platform via Apple's App Store, they are informed that Apple is considered a third-party beneficiary of these Terms and Conditions and may enforce them. This provision clarifies the relationship between Winalist and mobile users accessing the Platform through Apple's services.

2. Owner's Identity

WINALIST , a simplified joint-stock company with a capital of €24,958 , registered with the Reims Trade and Companies Register under number 825 280 027 , whose registered office is located at 17-21, Rond-point de l'Europe, 51430 Bézannes, France . Contact: https://www.winalist.com/contact

3. Role of Winalist – non-seller status

Winalist acts solely as an intermediary to connect, host, and facilitate bookings between visitors and hosts. The service agreement for the experience is concluded directly between the visitor and the host . Unless otherwise specifically agreed with the host, Winalist is neither the seller nor the customer of the experiences and does not issue invoices to visitors.

Winalist may offer additional services (online payment, customer service, translation tools, ad verification, etc.) without creating a subordinate, agency or partnership relationship with the Host.

4. Main Definitions

Experience : tourist service offered by a host and bookable on the platform (e.g. winery visit, tasting, workshop, guided tour, event, etc.).
Host : a professional who publishes and conducts experience-based advertising.
Advertisement : page detailing an experience (description, price including all taxes, availability, conditions, cancellation policy, photos, etc.).
Account : a personal space allowing you to manage your bookings, your data and your preferences.
Price shown : price including VAT set by the host for the experience.
Service : all the features offered by Winalist, including matching, booking and secure payment.
User or Visitor : any natural or legal person accessing the Platform and/or making an Experience reservation.
Platform : the entire website, API, applications and digital services operated by Winalist.
Owner : refers to the company Winalist, operator and holder of the rights to the Platform.
Cancellation policy : the set of refund and modification conditions defined by the Host for a given Experience.
Gift card : an electronic voucher issued by Winalist, allowing payment for all or part of a reservation on the platform.
Privacy policy : document describing the processing of personal data carried out by Winalist.
Payment provider : third-party service responsible for the secure processing of payments made on the Platform.

5. Accessibility, registration and account

Use of the Platform is reserved for adults (18 years and older) with legal capacity. Users can make a reservation by creating an Account or as a guest . In the latter case, certain features (such as managing booking history or posting reviews) may be unavailable. When creating an Account, the User must provide accurate, current, and complete information, maintain the confidentiality of their login credentials, and remains responsible for all transactions made through their Account, except in cases of fraud, which must be reported without delay.

Winalist may make access conditional upon reasonable technical or security checks and may temporarily suspend all or part of the Platform for reasons of maintenance, security, integrity or improvement of the service, subject to informing Users.

6. How advertisements work and are ranked

Listings are created and managed by the hosts , who assume full responsibility for them (legality, safety, suitability, availability, and accuracy of information). The order in which listings are displayed may depend on factors such as relevance to the search (keywords, location), availability , perceived quality (reviews/ratings, acceptance rate), listing completeness (content/images), and past performance .

Relative importance of parameters : relevance and availability are paramount; perceived quality and completeness are important; past performance is secondary. These parameters are dynamic and include no hidden payments; sponsored placements, where applicable, are clearly identified .

7. Booking process and proof

Before payment, the User can view the details of their reservation and its total price. Confirmation is completed by double-clicking and constitutes an electronic signature: (i) validation of the shopping cart, (ii) acceptance of the General Terms and Conditions of Use and the specific terms of the Listing, (iii) entry and validation of payment. Confirmation emails , receipts, and computer logs kept by Winalist serve as proof of transactions, unless proven otherwise.

8. Secure payment. Secure payment

Payments are processed by third-party payment providers (e.g., Stripe). Credit card information does not pass through Winalist's servers. The booking is confirmed only upon receipt of payment. If payment fails, the sale is cancelled. Additional checks may be carried out as part of our fraud prevention measures.

9. Billing and taxation – reminder

The host is solely responsible for issuing the sales invoice on behalf of the visitor for the experience, at the displayed price including VAT . Unless a billing agreement has been reached between the host and Winalist, the invoice is not issued by Winalist. Prices must include VAT , and the host is responsible for applying, collecting, and remitting any applicable taxes.

10. Right of withdrawal and cancellation

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to leisure services provided on a specific date or during a specific period . Therefore, any cancellation request from the Visitor is subject to the cancellation conditions of the relevant Listing (defined by the Host and available for review before purchase). If the cancellation complies with the applicable conditions, Winalist will issue a refund according to the terms of the Listing. Otherwise, no refund will be issued, unless agreed upon by the Host.

If the host cancels a confirmed reservation, the visitor is fully refunded for the amounts paid for the experience; alternative solutions may be offered where possible.

11. Gift cards

Gift cards are vouchers usable on the Platform according to the conditions specified at the time of purchase and reiterated in the electronic confirmation (validity period, any exclusions, possibility of combining offers, terms of use, etc.). They allow their holder to pay for all or part of an Experience booking on the Platform, up to their face value.

Gift cards are valid for the period indicated at the time of purchase and can only be used at participating establishments. In case of loss, theft, or expiration, no replacement will be possible.

Gift cards are refundable in accordance with the 14-day legal withdrawal period stipulated by the Consumer Code, applicable only to purchases made remotely by a consumer and provided that the gift card has not been used, in whole or in part. After this period, or from the first use of the gift card, it is no longer refundable or exchangeable for cash or any other means of payment.

To exercise their right of withdrawal or request a refund, consumers can contact customer service via the online form: https://www.winalist.com/contact .

11 bis. Specifics of Winalist gift boxes

Winalist gift boxes are single-use vouchers allowing their recipient to book one (1) experience from a selection of eligible offers, without any visible monetary consideration.

They are issued by Winalist as part of a multi-use voucher offer as defined by tax regulations, but their use is limited to a single booking.

Once a gift box has been used to book an experience, it is automatically considered used, even if the value of the chosen experience is less than the indicative value of the gift box. No partial refunds, credits, or cashback will be given, unless required by law.

If the chosen experience exceeds the indicative value of the gift box, the recipient will, where applicable, have to supplement the difference by an additional means of payment according to the conditions displayed at the time of booking.

Gift boxes are valid until their expiry date indicated at the time of purchase and their validity cannot be extended. In case of loss, theft, damage, expiry, or misuse, they cannot be replaced or refunded, unless otherwise provided by law.

Gift boxes are refundable in accordance with the right of withdrawal stipulated by the Consumer Code: the consumer has 14 days from receipt of the purchase confirmation email to exercise their right of withdrawal, provided the box has not been used. After this period, or from the first use, the gift box is no longer refundable.

For any cancellation or assistance request concerning a gift box, the recipient or the buyer can contact customer service via the dedicated form: https://www.winalist.com/contact .

Before making any reservation, the beneficiary is invited to carefully consult the specific conditions of the Experiences offered (periods, times, minimum age, conditions of access, etc.).

12. User content (reviews, photos, texts)

Visitors may post ratings and comments about their experience. Content must be honest, relevant , and not infringe on the rights of third parties or applicable laws. Visitors grant Winalist a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, reproduce, modify, translate, use, and distribute this content (including for promotional purposes related to the Platform) for the full legal term of copyright protection. Winalist reserves the right to moderate and remove any manifestly illegal content, content that violates the Terms of Use or any other applicable standards, and to block or restrict accounts in cases of abuse.

Any manipulation of the rating system (fake reviews, incitement to hatred, intimidation, exchange of reviews, etc.) is prohibited.

13. Acceptable Use

The following actions are prohibited, without this list being exhaustive: (i) use of the Site for illegal purposes or purposes contrary to the Terms of Use, (ii) violation of the rights of third parties, (iii) scraping, robotization or overloading of systems, (iv) introduction of malicious software, (v) attempt to circumvent security measures, (vi) circumvention of the Platform to finalize a pending request outside of Winalist.

14. Reporting illegal content – DSA

Any user can report any content they deem illegal or contrary to the Terms of Use through the contact channels. Winalist acknowledges receipt of the report and reviews it. If Winalist decides to remove, restrict, or terminate content or an account, the author will receive a notification explaining the reasons, specifying the contractual or legal basis, the relevant facts, and the internal appeal procedure . The user can file a complaint with customer service; an out-of-court dispute resolution body may be offered when required by law.

15. Customer Service. Customer service

16. Personal data and cookies

The processing of personal data is governed by the Privacy Policy ; the use of trackers and similar technologies by the Cookie Policy . These documents form an integral part of the General Terms and Conditions.

17. Access to third-party resources

The Platform may contain links to or integrate third-party services (mapping, analysis, payment, etc.). Winalist disclaims all liability for the content, availability, and compliance of these third-party services, which are subject to their own terms and conditions.

18. APIs and development tools

Access to the API (where applicable) is subject to these Terms of Use and, where applicable, to specific terms. The User understands and agrees that Winalist cannot be held liable for damages caused by third-party integrations or the use of the API.

19. Intellectual Property

The Platform and its content (texts, graphics, logos, trademarks, software, databases, etc.) are protected by applicable laws. Unless expressly authorized, any reproduction, representation, adaptation, or exploitation is prohibited . Winalist's trademarks and distinctive signs are the property of Winalist; those of third parties remain the property of their respective owners.

20. Responsibility

Winalist acts as a technical intermediary and does not directly provide the Experiences. Therefore, Winalist cannot be held liable for any bodily injury, property damage, or intangible losses incurred during an Experience, as these services are provided under the sole responsibility of the Host.

Each host is solely responsible for complying with their legal, administrative, and tax obligations, particularly regarding professional liability insurance covering all activities offered . Winalist does not verify the existence or validity of hosts' insurance policies and cannot be held liable under any circumstances for a lack of insurance, insufficient coverage, or any loss not covered by the policy.

In the event of an incident, accident, or damage occurring during an Experience, the Host remains solely liable to the Visitor and/or third parties. Winalist assumes no obligation for repair, compensation, or warranty regarding such events, except in cases of gross negligence or proven willful misconduct on its part.

Winalist is not a party to the Experience Agreement between the Visitor and the Host and does not guarantee the existence, quality, or suitability of the Experiences. Subject to mandatory legal provisions, Winalist's liability is limited to direct, foreseeable, and proven damages resulting from a proven breach of its obligations, excluding any indirect damages (loss of opportunity, loss of profit, damage to reputation, etc.). In any event, and except in cases of personal injury or gross negligence/willful misconduct, Winalist's total liability to a User shall not exceed the total amount paid to Winalist by that User during the twelve months preceding the event giving rise to the claim.

The platform may be unavailable in the event of maintenance, breakdown, force majeure, cyberattack or events beyond Winalist's control.

21. Mediation and resolution of consumer disputes (EU/FR)

If a written complaint to Customer Service remains unanswered, the consumer may use the services of an accredited consumer mediator in France or the European online dispute resolution (ODR) platform, free of charge. Practical information (mediator contact details and a link to the ODR platform) is available upon request and/or on Winalist's dedicated legal page.

22. Applicable law – competent jurisdictions – language. Applicable law – competent jurisdictions – language

These terms and conditions are governed by French law . Jurisdiction is determined by the general rules of consumer law. The French version of these terms and conditions shall prevail.

23. Amendments to the general terms and conditions

Winalist may update these Terms of Use. The "Last Updated" date will be changed accordingly. Continued use of the platform after the effective date of the changes constitutes acceptance of the updated Terms. Users may cease using the platform at any time.

24. Miscellaneous provisions. Miscellaneous provisions

Partial invalidity : The invalidity of one clause does not affect the validity of the others. No waiver : Winalist's failure to exercise a right does not constitute a waiver of that right. Assignment : Winalist may assign this agreement subject to the User's rights; the User may not assign their rights without prior written consent. Accessibility : Winalist strives to make the content accessible; any accessibility issues can be reported to Customer Service.

Appendices by jurisdiction (informative summary)

A. United Kingdom (UK)

British consumers have a right of withdrawal for distance contracts, with the exception of leisure services provided on a specific date. Refunds, where applicable, are issued via the original payment method and within the statutory time limits.

B. Brazil

Brazilian consumers have a right of withdrawal for contracts concluded remotely, which does not apply to dated experiences where the law provides otherwise. Other Brazilian consumer rights remain applicable.

C. Australia

Nothing in these Terms and Conditions excludes, limits, or modifies the inalienable rights provided by Australian Consumer Law. To the extent permitted by law, Winalist's liability is limited to replacing the service or refunding its cost.

These Terms of Use govern the use of the Platform by Users/Visitors. They do not affect the specific contractual obligations of Hosts, which remain subject to the Partners' Terms of Service.