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Travel Services Public Offer Agreement
1.1. This document is an official offer of OOO Davranov-Travel for individuals and legal entities to conclude a travel services agreement on the conditions stated below which is published on www.davranovtravel.ru In accordance with clause 2 of article 437 of the Civil Code of the Russian Federation, this document is a public offer.
1.2. Individuals shall mean residents of the Russian Federation, including unincorporated entrepreneurs. This document shall be used by foreign residents (non-residents of the Russian Federation) subject to additional approval.
1.3. This public offer for travel services (hereinafter, the Agreement) shall be concluded in accordance with a special procedure by accepting the Agreement containing all materials conditions hereof without signatures of the parties hereto. This Agreement shall be valid in accordance with article 434 of the Civil Code of the Russian Federation as if it were signed by the parties hereto.
1.4. This agreement is a deed of adherence. Acceptance of conditions below and this public offer shall be confirmed by order of and payment for services (in accordance with clause 3 of article 438 of the Civil Code of the Russian Federation, offer acceptance means conclusion of the agreements of the conditions thereof).
1.5. This agreement shall be concluded once accepted and remain valid until the parties have fulfilled their obligations hereunder.
1.6. Davranov-Travel Closed Joint Stock Company, hereinafter, the Contractor, represented by Viktor K. Davranov, General Director, acting on the basis of the Articles of Association, on the one hand, and visitor of www.davranovtravel.ru web-site (either individual or legal entity) hereinafter, the Customer, on the other side, have agreed as follows:
2. Subject of the Agreement
2.1. The subject of the Agreement shall be rendering by the Contractor to the Customer of travel or other services on public offer conditions. Travel services mentioned herein shall mean booking of tickets, transport, accommodation, travel guide services, information and consulting on travelling, accommodation, means, sightseeing or other services, additional and/or other services required by the Customer.
2.2. The conditions hereof are fully accepted by the Customer. Complete and irrevocable acceptance of the conditions of the Agreement shall be certified by the Customer through payment for selected services. The Customer can receive the services, once they have been paid for, by sending to the Contractor invoice document details.
2.3. Unless stipulated otherwise in the Agreement or implied by the matter of the obligations or requirements by law, the Customer’s contractual rights and obligations shall also apply to tourists who benefit from the Agreement.
3. Rights and obligations of the Parties
3.1. The Contractor shall:
3.1.1. provide travel services based on the Customer’s request in accordance with the offer of the Contractor (travel package/event regulations, appendix). The fee for the services shall be determined by the Contractor;
3.1.2. ensure the quality of provided travel services in accordance with the standards approved by Russian legislation;
3.1.3. inform the Customer of the conditions for purchase and retention of the Contractor’s travel services;
3.1.4. provide information support to the Customer using e-lists and other means available to the Contractor;
3.1.5. inform the Customer of the rights and obligations of third parties (companies) directly related to provision of services, including the Tour operator, carrier, insurance company, and hosting party;
3.1.6. provide timely information to the Customer in case of an increase in the price of rendered services or changes of services periods for any reasons beyond the Contractor’s control.
3.2. The Contractor shall be entitled to:
3.2.1. cancel the Order in case it does not receive payment from the Customer for ordered services within the timeframe set in par. 5.4 or an invoice;
3.2.2. in case the Customer has provided distorted information to the Contractor when concluding the Agreement, the Contractor may terminate the Agreement unilaterally;
3.2.3. terminate relations with the Customer hereunder unilaterally in case the Customer commits a breach of the conditions of the Agreement. The Agreement is deemed to be terminated on the date of sending the relevant e-mail to the Customer;
3.2.4. deliver information to the Customer according to electronic distribution lists where the Customer’s e-mail is included.
3.3. The Customer shall:
3.3.1. make timely orders and pay for ordered travel services of the Contractor at the prices, within the timeframe, and on the conditions established by the Contractor;
3.3.2. read information on services options, prices and conditions on the Contractor’s web-site;
3.3.3. for the purpose of rendering the services, timely provide all necessary reliable details and authentic IDs of themselves and the persons to be services recipients under the Customer’s order. Any case of failure to provide or provision of incomplete package of documents shall be considered refusal from services;
3.3.4. provide to the Contractor valid mailing address, telephone number, and e-mail required for the Contractor to contact the Customer;
3.3.5. after payment for selected services, send payment confirmation to the Contractor by the specified due date. If the confirmation timeframe is not specified, it shall be one (1) day after payment for the service by the Customer;
3.3.6. in case the Contractor does not receive request registration or payment confirmation (for technical or other reasons) within three days of the Customer’s request (confirmation), the Customer shall send an additional request to the Contractor with complete details of the previous request to firstname.lastname@example.org ;
3.3.7. timely arrive at the gathering (departure) point (ensure timely arrival of accompanying tourists). The Customer shall be responsible for all expenses due to late arrival at the gathering (departure) on account of traffic interruption, traffic jams, or road traffic accidents;
3.3.8. provide to the Contractor in writing any information that certifies to obstacles hindering use of travel services, including without limitation different illnesses and related medical contraindications (relative to climate change, different means of transport, cuisine features, use of medical drugs, etc.);
3.3.9. preserve the environment, treat natural, historical, and cultural monuments in the country (place) of their sojourn with care;
3.3.10. follow internal regulations at their accommodation, fire safety and personal security rules and custom rules of conduct;
3.3.11. in case of early termination of the Agreement, refusal from certain ordered services or changes in the services scope, compensate the Contractor for all actual costs incurred to fulfil the obligations hereunder, including penalty paid by the Contractor to third parties.
3.4. The Customer shall be entitled to:
3.4.1. receive from the Contractor the services it has paid for in accordance with the conditions of the Agreement and appendices hereto (travel package regulations, instructions, official letters, etc.);
3.4.2. receive from the Contractor information on the timeframe and conditions of services;
3.4.3. as agreed with the Contractor, change or cancel ordered services. Any such change or cancellation shall be considered valid subject to written confirmation of the change or cancellation of services from the Contractor;
3.4.4. terminate this Agreement at any time subject to compliance with the refund procedure described in par. 5 hereof. The termination date shall be the date on which the Contractor has received the Customer’s written statement delivered to the Contractor’s office or by e-mail to email@example.com. The Customer shall get a refund of the portion of the payment not used to cover the Contractor’s expenses, i.e. less booking fee and actual costs incurred to fulfil this Agreement;
3.4.5. enjoy other rights stipulated by Russian legislation and this Agreement.
4. Service conditions and procedure
4.1 Travel services and prices shall be determined by the Contractor. The Contractor shall be entitled to unilaterally revise prices of services and conditions.
4.2. Once the Customer has selected required services, it shall e-mail, fax, or otherwise submit to the Contractor with the means established by the Contractor, a written request containing information required for services booking.
4.3. Services shall be sold to the Customer at two stages:
Stage 1 (the Customer purchases services from the Contractor) includes:
- acceptance by the Contractor of the Customer’s request for use of services;
- confirmation of the services request for the Customer (services booking).
Stage 2: the Customer pays for the Contractor’s services.
4.4. The Customer’s preliminary travel services request contains the following information:
travel package (sightseeing tour) description;
travel (sightseeing tour) period;
personal details of each tourist: full name; place and date of birth; nationality; gender; ID details (number, date of issue and issuing authority);
home address, telephone number, and e-mail;
4.5. Once it has received a request for booking an individual or group package, the Contractor shall reply to confirm booking of the services ordered by the Customer.
4.6. When booking the services, the Contractor shall inform the Customer in an e-mail or fax of booking and payment conditions or cancellation.
4.7. The Contractor shall retain the right to reject the Customer’s request with a relevant notice thereof by e-mail.
4.8. If the services ordered by the Customer cannot be booked, the Contractor shall notify thereof. The Customer may immediately send a booking request again.
4.9. The Contractor shall send to the Customer an invoice for booked services the Customer shall pay within the established timeframe (see par. 6.6.).
4.10. The Contractor shall book necessary ordered services within two business days after payment by the Customer. Information confirming ordered services is delivered to the Customer directly in the Contractor’s office or over the phone, by fax or in an e-mail.
4.11. If the Customer fails to pay for the services within the established timeframe, the Contractor shall retain the right to cancel the Order with a notice to the Customer.
5. Conditions for cancellation or change of booked services
5.1. The Customer may terminate the Agreement before the journey by sending an e-mail thereof to the Contractor and subject to reimbursement of the Contractor’s and host’s costs.
5.2. The Customer shall immediately notify the Contractor of any cancellation or change in booking in writing before the period when a cancellation (change) fee is charged (see par. 5.5.).
5.3. Cancellation shall be valid only if confirmed by the Contractor in writing. The cancellation date shall be any business day from 10.00 to 18.00 when the Contractor actually receives and confirms cancellation.
5.4. The Customer shall not be entitled to a compensation for unused services in case of refusal from certain services or late arrival. The Contractor shall be entitled without being bound to maintain correspondence with the Customer on any issues arising during fulfilment of the Agreement, in particular in the course of claims procedure, by using the Customer’s address, telephone number, and e-mail indicated herein.
In order for the Customer to avoid financial loss in case of an unforeseen refusal from paid for services, the Contractor recommends to the Customer to conclude a relevant insurance agreement with an insurance company at own discretion.
5.5. In case the Customer refuses from the Contractor’s services, the following refund rules shall apply:
- refund of 100% of the fee for the services by the Contractor to the Customer cancelled up to 10 days before the service period;
- refund of 50% refund of 100% of the fee for the services by the Contractor to the Customer cancelled two days before the service period;
- no refund for the services cancelled one day before the service period.
The hosting party will not make a compensation, rescheduling or refund for travel packages for the period from June 01 through September 30 and public holidays cancelled by the Customer later than 20 business days before the travel date due to peculiarities of customer service in these periods.
6.1. Preliminary estimate of the services shall be indicated by the Contractor in price lists, special offers on the Contractor’s website at www.davranovtravel.ru
6.2. The prices in price lists and special offers are for information only and are subject to change by the Contractor depending on the service package. A final price shall be specified by the Customer upon request and in a confirmation e-mail (payment slip).
6.3. Settlements between the Contractor and the Customer shall be in Russian rubles.
6.4. Wire transfer shall be to the Contractor’s settlement account within one banking day of the invoice issued by the Contractor. The payment is considered made once the Customer’s funds are credited to the Contractor’s settlement account. In this case services shall be booked within two days of actual crediting of funds to the Contractor’s settlement account.
6.5. The Customer shall pay for booked services in any method which is not prohibited by Russian legislation and has been approved by the Contractor.
6.6. Services shall be rendered to the Customer subject to prepayment of the amount making at least 100% of the price of the service.
6.7. The Contractor shall review the price of services with a prior notice to the Customer and the Customer shall make additional payment in case the price changes due to an increase in transport tariffs and introduction of new or increase of current taxes, dues, and other mandatory payments; other obligations beyond the Contractor’s control.
6.8. After payment for the services on or on the day following the payment date, the Customer shall e-mail to the Contractor payment confirmation with payment details in accordance with the Contractor’s requirements. Payment for the service is considered confirmed once the Contractor’s bank notifies that the funds are credited to the account.
7. Special conditions and liability of the Parties
7.1. The Customer shall be responsible for correct and timely payments, service requests e-mailed to the Contractor, adherence to instructions, regulations, and requirements applicable to rendered services and e-mailed to the Contractor and/or posted via the website, correct contacts, including mailing address and e-mail, personal details and ID; support of conditions for rendering the service on site.
7.2. The Contractor shall be responsible for the quality and timely provision of services subject to the Customer complying with established rules and requirements.
7.3. The Contractor shall not be held liable for non-provision of services if the Customer fails to meet the payment rules, service request generation and sending rules or in case of any technical, organizational, mail, financial, or other reasons beyond the Contractor’s control that might hinder rendering go the services. Payment for the services made by the Customer is cancelled in this case pursuant to the cancellation conditions described in par. 5 hereof or is refunded to the Customer less expenses and/or loss of the Contractor. In case the Customer refuses from the travel package or commits other actions resulting in the Contractor’s loss, the Contractor may demand from the Customer a compensation of financial damage or lost profits.
7.4. The Contractor shall not be held liable if the Customer does not receive the service in case:
7.4.1. the Customer has paid for the service but the Contractor has not received a payment confirmation from the Customer by due date;
7.4.2. the e-mail specified by the Customer in the request contains a mistake or is unavailable as at the mail distribution date;
7.4.3. the format of the request submitted by the Customer is incorrect or has been sent with technical violations, has errors in addresses, virus content, or is blocked by mail servers;
7.4.4. the Customer or its representatives commit erroneous actions which make rendering of ordered services impossible, cannot receive ordered services due to own problems (no network access, shortage of time, illness or other reasons which hinder or make required actions impossible).
7.5. In case the Customer fails to receive fully or partially paid for Services from the Contractor for the reasons set forth in par. 7.4, payment will not be refunded or used to pay for other services. The Contractor deems the services rendered but not accepted by the Customer through its fault or fault of third parties or due to force majeure.
7.6. The Contractor shall not be liable for any technical, organizational, postal, financial, or other issues, the Customer and/or its providers and /or other causes which prevent timely receipt of ordered services. The prepayment in this case shall not be refunded or used to pay for other services.
7.7. Unless the Parties agreed otherwise, the Customer shall have non-exclusive, non-transferrable, and reversionary right to use the Contractor’s information relative to services and subject of the Contract for own needs. The information sent to the Customer as part of the services rendered by the Contractor shall be used by the Customer only and cannot be transferred to third parties, reproduced, distributed, forwarded, or published in electronic, paper, or other form without an official notice to the Contractor or additional agreements. In case of any permitted use of the Contractor’s information, the Customer shall indicate in this information a link to the Contractor’s details as follows: ZAO Davranov-Travel, www.davranovtravel.ru, e-mail: firstname.lastname@example.org.
7.8. The Contractor shall not be directly liable for the content of the information delivered to the Customer, direct or indirect damage caused to the Customer resulting from its use, non-use, misuse, or impossibility of use.
7.9. The Customer shall undertake responsibility and risks related to Internet use, including liability for assessment of the accuracy, completeness, and usefulness of any information, as well as properties and qualities or the services rendered to the Customer by the Contractor.
7.10. The Contractor shall not be liable for the quality of public channels or services that render access for the Customer to services. The services hereunder shall apply to all Customers.
7.11. Amendments to the conditions of the Agreement relative to each Customer shall be made as separate agreements or additional agreements thereto.
7.12. Force majeure (fire, military actions, resolutions of supreme government authorities, strikes, etc.) which may prevent fulfilment of the obligations hereunder shall be indemnification of the parties.
8. Dispute resolution
8.1. The parties shall make every effort to settle any difference or dispute due to default on or improper fulfilment of this Agreement by amicable negotiation or agreement.
8.2. In accordance with art. 10 of the Russian Law on the Foundations of Touristic Activity in the Russian Federation, the Customer may file a written claim regarding the quality of travel services to the Contractor no later than 20 days after end of the journey and considered within 10 days after receipt. During this time the parties shall inform each other of the decision made.
8.3. The claims to the Contractor related to the services shall be considered only once the Customer presents relevant financial documents that confirm payment for the services, sent requests, correspondence, and all required documentation, including any that might be requested by the Contractor.
8.4. If amicable agreement cannot be achieved by negotiation, disputes shall be considered and resolved by the State St. Petersburg Arbitration Court.
9. Conclusion, amendment, or termination of the agreement
9.1. The Agreement shall be considered concluded when payment is credited to the Contractor’s settlement account.
9.2. This Agreement shall be concluded for an indefinite period and may be terminated by either party.
9.3. The Customer shall be entitled, at any time, to unilaterally refuse from the Contractor’s services. In case of unilateral refusal from the Contractor’s services without the Contractor violating its responsibilities, payment shall be refunded.
9.4. The Contractor shall retain the right to amend or complement any conditions hereof at any time. All amendments in this case shall be published on the Contractor’s web-site. In case the amendments are unacceptable for the Customer, the Customer shall within 14 days after published amendments notify the Contractor thereof. If there is no notice, the Customer is considered to keep contractual relations.
9.5. In all aspects not governed by the Agreement, the Parties shall be guided by current Russian legislation.
Registered address and details of the Contractor
of 231, 1 st, Karavannaya strit, St. Petersburg 191186
tel. (812) 312 46 62,
tel/fax (812) 571 86 94