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PUBLIC OFFER AGREEMENT
OF THE INTERNET SERVICE RUSSIANTOUR.PRO
This Public Offer is the Internet Service Administration’s proposal to conclude the Public Offer Agreement on tourist services provision and ordering via the Internet Service russiantour.pro with any concerned person on the terms specified hereunder. This Agreement is a public offer in accordance with Article 437 of the Civil Code of the Russian Federation, which means that it contains all essential Agreement terms specifying the person’s, who is making a proposal to conclude the Agreement in full accordance with the specified conditions, with any person, who has conducted acceptance of the offer according to the Agreement conditions.
The Limited Liability Company “Komando”, represented by its General Director Sergey Vladimirovich Kidakov, according to the Charter, hereinafter referred to as the Executor, on the one side, and any person who has accepted the Offer terms, hereinafter referred to as the Customer, on the other side, both of which are referred to as the Parties, and each of them separately – the Party, have agreed to conclude the current Agreement under the conditions specified hereunder.
The digital version of the Agreement shall be considered legally equal to the written copy of the Agreement signed by the Parties and certified by seal.
The acceptance shall be recognized as full and unconditional only if the Customer has agreed with all terms of the Agreement, made reservation and / or service payment.
TERMS AND DEFENITIONS
The Executor is the owner of the online Service located on the Internet at russiantour.pro that provides tourist services to concerned persons.
The Customer is the online Service User who orders tourist services from the Executor within the terms of the Agreement and the online Service russiantour.pro.
The online Service russiantour.pro is a set of software and hardware features for PCs providing the publication of information and data for general public according to its targeted purposes through the technical devices connecting users’ PCs with the Internet. The Internet Service is available to the Users thanks to its unique URL address or letter reference. The Service is the site in the web with the following URL - russiantour.pro, according to the Agreement Provision.
The Fee is money that shall be paid to the Executor by the Customer.
The Services are the Executor’s reimbursable actions aimed to provide tourist and other related services for the Customer upon the prepaid order left by the Customer.
1. SUBJECT OF THE AGREEMENT
1.1. According to the Agreement, the Executor shall undertake the responsibility to provide the Customer with tourist services upon the received order, and the Customer shall undertake the responsibility to accept and pay for the ordered services in the amount, time and manner specified by the Agreement terms.
1.2. The Services under the Agreement terms shall be provided by the Executor according to the tourist services package selected by the Customer and the scope of additional services.
1.3. The Executor shall determine the ways of provision of the Services to the Customer on his own.
1.4. The fee amount and its payment procedure are specified in a separate section of the Agreement.
1.5. The Agreement is a public offer; therefore, in order to conclude the Agreement the Customer shall accept the current terms and conditions.
2. SERVICES PROVISION ORDER
2.1. Once the Customer has got aware of the Agreement terms and its annexes, he shall be offered an opportunity to choose a tourist services package and the scope of additional services, then to order the selected services.
2.2. The order of the selected services shall be performed through the functional technical facilities of the online Service russiantour.pro.
2.3. Upon the order placement and the confirmation, the Executor shall agree additional conditions with the Customer and provide an invoice to the Customer for the order payment. Further, the Customer shall be given an opportunity to pay for the services (acceptance) when placing his order.
2.4. The Executor shall reserve the right to provide discount to the Customer (Customers group) according to the payment date of the ordered tour (or other circumstances).
2.5. Upon the confirmation of the ordered tour by the Customer, the Executor shall provide a list of necessary documents and permits (visas) to the Customer, and the latter shall issue and receive them before the tour begins.
2.6. The Customer shall independently obtain all necessary documents and required permissions before the tour begins.
2.7. The Customer shall come to the specified location on time and on the agreed date to start the tour.
2.8. The Customer shall have enough money and personal things for the tour.
2.9. The Customer shall have the right to agree any changes in the selected tourist service package with the Executor for extra payment.
2.10. The Executor shall provide the following services to the Customer according to the selected tourist service package:
2.10.1. the Customer’s movement along the tour route in comfortable vehicles according to the tour plan;
2.10.2. to provide a guide-interpreter for the group;
2.10.3. to provide transfer from the arrival station to the hotel and back at the end of the tour;
2.10.4. consultancy support for the Customer during the tour;
2.10.5. the sightseeing activities according to the tour plan. Additional tour trips shall be possible in case of extra paid orders but only if they do not affect the overall tour schedule.
2.10.6. a guest SIM-card.
2.10.7 additional services provided by the selected tourist service package.
2.11 The following services shall not be included in the service prices under the Agreement:
2.11.1 transfer to the place of the tour start and back;
2.11.2 additional services that shall not be included into the selected tourist package and the list of additional services (upon the Executor’s discretion);
2.11.3 meals for the Customer during the tour, unless such meals are provided by the tour details. The Executor shall provide tea or coffee breaks to the Customer at the stops and it shall not depend on the selected tourist package.
2.11.4 the legal (concerning the tour performance) and medical assistance (except for health insurance cases in the respective institutions).
3.1. To conclude the Agreement, the Customer shall carefully read the Agreement terms and its annexes, agree with the Agreement terms and its annexes through an advance order followed by his payment of the selected services.
3.2. To accept the Agreement is to order services through the Internet Service russiantour.pro and pay for them.
3.3. All digital documents, notifications and expressions of will, formalized or conducted remotely through the Internet Service and within the Agreement terms, are recognized by the Parties as performed in the simple written form in a proper manner.
3.4. Acceptance term of the Agreement shall not be limited or determined independently by any of the Parties.
3.5. The Agreement shall be valid only if the Customer accepts its conditions - the Agreement acceptance execution.
4. FINANCIAL TRANSACTIONS
4.1. The services cost shall depend on the tour and additional services selected by the Customer according to the Agreement.
4.2. The list of all suggested tours and additional services shall be specified at the Website russiantour.pro pages, in particular: russiantour.pro/tour/.
4.3. The payment under the Agreement shall be considered as the full prepayment. The payment shall be performed within three banking days from the moment when the Executor provides an invoice.
4.4. The Executor shall reserve the right to offer a ten-percent discount from the ordered tour price to the Customer, if the tour payment is performed by the Customer forty-five calendar days prior to the start date of the ordered tour. The Executor shall have the right to provide additional discounts to the Customer.
4.5. The payment under the Agreement shall be performed in the Customer's currency.
4.6. The payment shall be performed according to the invoice, through money transfer to the Executor’s bank account, using the payment system at the website or using any other way according to the Parties’ agreement, in full accordance with the current legislation of the Russian Federation.
4.7. The Customer shall pay all bank commissions when transferring money to the Executor.
4.8. If the Customer refuses to accept the ordered services, the money paid by the Customer shall be return back to him only in the following situations:
4.8.1. If the Customer refuses to accept the services in at least ten working days before the tour begins. The Executor shall return the total amount for the ordered services to the Customer, except for the bank commissions for money transfer paid by the Customer.
4.8.2. If the Customer has refused to accept the services less than ten days before the tour beginning, the Executor shall return only the cost of additional services to the Customer, except for the money transfer commissions to the Customer. The tour cost shall not be paid back;
4.8.3. If the Customer refuses to receive the services during the tour, the Executor shall return only the cost of the unused additional services to the Customer, except for the money transfer commissions to the Customer.
4.9. The Executor shall specify the tour name and content, as well as the scope of the additional services in the ordered tour invoice.
5. SERVICES ACCEPTANCE AND TRANSFER PROCEDURE
5.1. The Parties shall sign the transfer and acceptance certificate of the provided services in digital or written form upon provision of the services to the Customer by the Executor.
5.2. The moment of signing this Act from the Executor’s part shall be considered the termination moment of the information services provision to the Customer.
5.3.The Transfer and Acceptance Certificate of the provided services shall be considered as signed by the Customer and the services shall be considered as accepted in full extent with no claims, unless the Customer sends a written motivated disclaimer at the Executor’s address within three calendar days from the termination date of the provided services.
6.1. The Parties have agreed that the Customer shall arrange the life and health insurance for him (his family) before the provision of tourist services starts (before arriving to the Russian Federation).
6.2. The Customer shall undertake the responsibility to execute all necessary actions to be entitled to stay on the territory of the Russian Federation when receiving the tourist services (visa).
6.3. The Customer shall execute other actions necessary for providing the tourist services by the Executor on the territory of the Russian Federation. The mandatory and permitting documents list shall be provided by the Executor after the ordered services are fully prepaid.
7. FORCE MAJEURE
7.1. The Online Service Administration shall not be liable for partial or full noncompliance of the Agreement provisions, if such noncompliance has become a result of force majeure occurred after publication of the Agreement being the result of acts of God that could not be foreseen or prevented.
7.2. The following events making provision of the Agreement impossible shall be related to force majeure: earthquakes, floods, other natural disasters, fires, nuclear and other industrial accidents as well as strikes, hostilities, civil disorders or authority acts interfering execution of the Agreement conditions. All other obstacles regardless of their nature or characteristics shall not be considered as force majeure, except for the obstacles that shall be specifically recognized by the Parties as caused by force majeure circumstances.
8.1. For non-compliance or improper compliance of the Agreement terms the Parties shall be liable in accordance with the country’s current legislation.
8.2. The Executor shall be liable only to the extent provided by current legislation of the Russian Federation and by the Agreement.
8.3. The Executor shall not be liable and shall not return money paid for the tours, provision of which is impossible because of the Customer’s non-performance of his commitments (no insurance, visas, etc.).
8.4. The Customer shall be liable for violating the Agreement terms and conditions at the rate of damage and lost benefit.
9.1. According to the Agreement the Executor shall grant the Customer guarantee for all bindings, which the Executor undertook.
9.2. The extra liability extent and liability limitation shall be regulated by the Agreement annex.
9.3. The Executor shall guarantee to provide high-quality tourist services, as well as extra related services, planned in the relevant prepaid tour.
9.4. The Services Provision shall be executed in strict compliance with the current legislation of the Russian Federation and the Executor shall guarantee the full scope of the Customer’s rights provided by the current legislation of the Russian Federation and international agreements.
10.1 All disputes and (or) disagreements derived from the Agreement or according to the Agreement, whether it is possible, shall be solve through negotiations between the Parties.
10.2. If the Parties fail to solve the dispute through negotiations, it shall be solved in full accordance with the legislation of the Executor.
11.1 The Customer transmits personal data and other information that may be needed for the Executor to provide the services under the Agreement, to the Executor.
11.2 The order of the personal data collecting, holding and transmitting shall be regulated by the Provision of Personal Data Confidentiality – russiantour.pro/________________ .
12.1. The Agreement shall enter into force since the moment of its acceptance by the Customer and be valid during the services provision period.
12.2. Early termination of the Agreement shall be executed by sending the respective notification to the Executor by the Customer, and according to the current legislation of the Russian Federation.
12.3. The Agreement offer shall be relevant from its publication moment at the Internet Service webpages and shall be in force for an unlimited period of time.
13. FINAL PROVISIONS
13.1. The current document is a full arrangement between the Customer and the Executor. The Executor shall not take any conditions and bindings regarding the Agreement subject, except for the specified in the Agreement.
13.2. Text of the Agreement can be found at the following address – russiantour.pro/___________ .
13.3. The Agreement is a public offer that contains all essential terms, conditions and addressed to an undetermined range of individuals.
13.4. The Parties shall notify each other within a five days period on any change of their requisites. The Executor shall execute the specified notice through publication of the relevant information at his website.
Publication Date: 03.03.2017
Published by the Administration of the Internet Service russiantour.pro