Public Offer Agreement
PUBLIC OFFER AGREEMENT for the Sale of a Tourist Product
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Yuzhno-Sakhalinsk
This document constitutes an official offer (a public offer) of AMIST Tour-Business Club Limited Liability Company (abbreviated name: AMIST TBC LLC), hereinafter referred to as the "Company," and contains all the essential terms for the provision of tourist services and/or tourist products by the tour operator, information on which is published on the official website of the tour operator on the information and telecommunications network "Internet" and/or on the Company's website at: www.amist.ru
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter the "Civil Code of the Russian Federation"), a public offer is a proposal containing all essential terms of an agreement, from which the will of the offering party to enter into an agreement on the terms specified in such proposal with anyone who responds to the offer is apparent.
This Agreement shall be deemed concluded from the moment of its acceptance and shall remain in force until the parties have fulfilled all their obligations hereunder. In accordance with Article 433 of the Civil Code of the Russian Federation, the Agreement is recognized as concluded at the moment the Company receives acceptance of the offer. The unconditional acceptance of the terms of this Agreement (Article 438 of the Civil Code of the Russian Federation) shall be the submission by an individual to the Company of a Booking Request for a tourist product. In this case, the individual making such acceptance becomes the Customer under the Agreement (acceptance of the offer being equivalent to entering into an agreement on the terms set out in the offer). By performing the actions of accepting this public offer Agreement, the Customer confirms their legal capacity and dispositive capacity, that the Customer has reached 18 years of age, as well as the Customer's lawful right to enter into contractual relations with the Company on their own behalf and in their own interest, as well as on behalf of and in the interest of all tourists named in the Booking Request and in this Agreement.
If the Customer does not agree with any provision of this offer, they have the right to refuse the Company's services. The Company and the Customer are hereinafter jointly referred to as the "Parties" and individually as a "Party."
Key Definitions
Tourist Product (Product, tour, journey) — a complex of transportation and accommodation services provided for a single overall price (regardless of whether the cost of excursion services and/or other services is included in such overall price) under this Agreement. This term in the Agreement may also refer to a separate tourist service and/or services which, depending on the specific terms of the request, may include: accommodation in hotels and other accommodation facilities; transportation documents (air tickets, railway tickets, etc.); meals at hotels and other accommodation facilities; transfer in the country (place) of temporary stay; excursion services; attendance at cultural, entertainment, or sporting events; vehicle rental; instructor services for various sports; guide and/or assistant services; insurance services and other services.
Tourist — a person visiting the country (place) of temporary stay under the Agreement for medical, recreational, educational, sports, professional, business, religious, or other purposes, without engaging in activities related to receiving income from sources within the country (place) of temporary stay, for a period from 24 hours to 6 consecutive months, or staying at least one night in the country (place) of temporary stay.
Customer — an individual, a tourist, or another person ordering a Tourist Product on their own behalf or on behalf of another tourist (or tourists), including the legal representative of a minor tourist.
Documents confirming the tourist's right to receive services included in the Tourist Product — a transportation document (ticket), including an electronic one, confirming the right of the Customer and/or another tourist to be transported to the destination and back, or along another route agreed by the Parties, issued on the basis of the data of an identity document of the Customer and/or another tourist; a document confirming the booking and reservation of accommodation at a hotel or other accommodation facility (voucher); a voluntary medical insurance contract (insurance policy) concluded for the benefit of the Customer and/or another tourist if such contract has been concluded by the tour operator on behalf of the insurer; as well as other documents necessary for the tourist to undertake the journey.
Company — AMIST Tour-Business Club Limited Liability Company (abbreviated name: AMIST TBC LLC), tour operator registry number in the unified federal register of tour operators: RTO 010452.
Website — the Company's official website on the information and telecommunications network "Internet" at: www.amist.ru, through which the Tourist Product is booked.
Booking Sheet — a document drawn up by the Company on the basis of the Customer's request for booking a Tourist Product (Annex No. 1), which contains information on the services included in the Tourist Product, their cost, the procedure of payment, the dates of provision, and the consumer characteristics of the Tourist Product (the program of stay, route and conditions of the journey, including information on accommodation facilities, conditions of accommodation (location of the accommodation facility, its category) and meals, services for the transportation of the tourist in the country (place) of temporary stay, the availability of an excursion guide, an interpreter-guide, an instructor-guide, and additional services).
Service Fee — funds collected unconditionally from the Customer/tourist upon the sale of a Tourist Product to them, in respect of the services provided by the Company for informational support of the Customer/tourist by means of oral and/or written consultations, through the Company's website or via other communication channels, as well as for booking, processing, modifying bookings, and selling the Tourist Product. The amount of the Service Fee for the sale of a Tourist Product consisting of excursion services is 150 (one hundred fifty) rubles; the amount of the Service Fee for the sale of a Tourist Product comprising any other services is 450 (four hundred fifty) rubles.
1. Subject of the Agreement
1.1. Under the terms of this Agreement, the Company, where it acts as a tour operator, undertakes to ensure the provision to the Customer of a complex of services included in the Tourist Product, the full list and consumer characteristics of which are specified in the Booking Sheet, or, where the Company acts as a travel agent, undertakes to select and sell to the Customer a Tourist Product in accordance with the booking request; and the Customer undertakes to pay for the Tourist Product in the amount, manner, and on the conditions established by the Agreement and the Booking Confirmation.
1.2. With regard to the relations between the Parties, the Customer acts as the representative of all persons named in the Booking Sheet and assumes all rights and obligations to comply with the terms of this Agreement.
1.3. The relations of the Parties under this Agreement shall be governed by the conditions and requirements established by the Civil Code of the Russian Federation, by Federal Law No. 132-FZ of November 24, 1996 "On the Foundations of Tourist Activity in the Russian Federation" (hereinafter the "Tourist Activity Law"), by Law of the Russian Federation No. 2300-1 of February 7, 1992 "On the Protection of Consumer Rights" (hereinafter the "Consumer Rights Protection Law"), by the Rules for the Provision of Services for the Sale of a Tourist Product approved by Decree of the Government of the Russian Federation No. 452 of July 18, 2007 (hereinafter the "Rules for the Provision of Services for the Sale of a Tourist Product"), and by other regulatory acts governing relations involving the sale of a tourist product.
2. Booking the Tourist Product and Settlement Procedure
2.1. The Customer books the Tourist Product independently on the Company's website or at the Company's office.
2.2. The Customer bears full responsibility for the accuracy and sufficiency of the information and documents provided that are necessary for booking the Tourist Product (including the indication of the correct contact telephone number and email address actually used by the Customer); should the Customer provide insufficient or inaccurate information during the booking process, no subsequent claims from the Customer will be accepted.
2.3. Upon completion of the booking, the Tour Operator provides the Customer with a duly executed Booking Sheet, which sets out the services that the Company is prepared to provide as ordered by the Customer.
2.4. Following the issuance of the Booking Sheet, the Customer shall pay for the Tourist Product in the amount and within the time limits specified in the Booking Sheet. Inasmuch as the Company, after receiving the order from the Customer, proceeds to book tickets (air and rail tickets), hotels (other accommodation facilities), and to arrange other services related to the trip, the Customer, upon entering into the Agreement, shall pay no less than 50% of the cost of the Tourist Product, unless otherwise specified in the Booking Sheet.
2.5. The total price of the Tourist Product is specified in the Booking Sheet.
2.6. If the last day of the deadline for full payment of the cost of the Tourist Product falls on a non-working day, the next working day immediately following shall be considered the last day for payment. The day on which the Customer's obligations to pay for the Tourist Product under the Booking Sheet are deemed fulfilled is the day on which the funds are credited to the Company's settlement account.
2.7. The Company shall notify the Customer of the availability from the tour operator of a Tourist Product matching the characteristics specified in the Booking Request within 3 (three) working days from the date of conclusion of the Agreement. The Customer shall receive information on the availability of the tourist product at the Company's office, or by email, telephone, or by another method specifically indicated by the Customer. After the Customer receives such information and confirms their consent, the Booking Sheet is finalized.
2.8. The Customer's failure to pay the cost of the Tourist Product within the time limits established by the Booking Sheet shall result in termination of this Agreement. The Company shall have the right to demand from the Customer payment of the costs actually incurred in arranging the provision of the Tourist Product.
2.9. Within three working days of receipt of payment from the Customer, but no later than 24 hours before the date of commencement of the provision of services in accordance with the Booking Sheet, the Company shall send the Customer a confirmation of payment, after which the Tourist Product is deemed booked, confirmed by the Company, and paid for by the Customer.
2.10. Full payment of the cost of the Tourist Product shall be made by the Customer no later than 14 working days prior to the start of the trip, unless otherwise established by the Booking Sheet. When ordering (booking) a Tourist Product that includes attendance at sports and entertainment events, Disneyland amusement parks, theme parks, ski resort tours, or any tours during the high season — New Year, Catholic and Orthodox Christmas, spring and autumn school holidays, May holidays, the months of July, August, and September — the Company is entitled to demand full payment for the trip on earlier dates and, if the services are not paid for by the Customer within such time limits, to refuse to provide the services, returning to the Customer the portion of the funds previously received less the costs incurred prior to termination of the Agreement (in such case, the refusal to pay the cost of the tourist product within the period specified by the Company may be treated by the Company as a unilateral repudiation of the Agreement by the Customer). If the Tourist Product ordered by the Customer is to be booked on the basis of a specific tariff ("early booking," "special offer," etc.), payment for such Tourist Product shall be made in accordance with the booking conditions and the application of such tariff.
2.11. In the event of an inability to confirm the provision of the Tourist Product as requested by the Customer (where the limit of air or rail tickets has been exhausted, where there are no places at the accommodation facility, and/or due to other circumstances which prevent the provision of the complex of services within the Tourist Product), the Company shall notify the Customer of this and offer the Customer alternative options (where available) for the agreed dates of the trip and accommodation conditions, or shall terminate this Agreement in accordance with the procedure established by the legislation of the Russian Federation (hereinafter the "RF").
2.12. All changes to the booking are made on the basis of a written request from the Customer sent to the Company's email address, with the subsequent issuance by the Company of a new Booking Sheet. In such case, the Customer is obliged to compensate the Company for the actual costs incurred by the latter in connection with the performance of obligations under the previously agreed Booking Sheet and with the making of changes.
2.13. The cost of the Tourist Product is calculated on the basis of tariffs denominated in Russian rubles or in foreign currency, depending on the country of travel. The total cost of the Tourist Product under this Agreement is determined in Russian rubles at the Company's internal exchange rate published on the Company's Website on the day of booking.
2.14. A monetary obligation not performed by the Customer within the time limit specified in the Booking Sheet may, by agreement of the Parties, be indexed taking into account the exchange rate difference at the Company's internal exchange rate on the day of payment. Should the Customer not consent to the indexation of the unperformed monetary obligation, the Company shall have the right to unilaterally repudiate this Agreement.
2.15. Where, prior to full payment by the Customer of the Tourist Product, an increase in its cost occurs as a result of an unforeseen change in the cost of transportation services — including by reason of an increase in the cost of fuel, an upward change in exchange rates, the introduction of new taxes, fees, and other mandatory payments or an increase in existing ones — the Customer shall pay the Company the difference between the current cost of the Tourist Product and that previously determined in the Booking Sheet. Should such circumstances arise after the Customer has made full payment of the price of the Tourist Product, and should the Customer not consent to paying the said difference in cost, the Company shall have the right to demand the unilateral termination of the Agreement.
3. Rights of the Parties to the Agreement
3.1. The Customer has the right to:
a) necessary and accurate information about the rules of entry into and stay in the country (place) of temporary stay, the customs of the local population, religious rites, sanctuaries, monuments of nature, history, culture, and other tourist attractions under special protection, and the state of the environment;
b) freedom of movement and unimpeded access to tourist resources, taking into account the restrictive measures adopted in the country (place) of temporary stay;
c) the security of their person, of their consumer rights, and of their property, and unimpeded access to emergency medical assistance;
d) compensation for losses and reparation of moral harm in the event of non-performance or improper performance of the terms of the Agreement by the Tour Operator or by third parties engaged by the Tour Operator (excluding the carrier, the insurer, and consular institutions), in the manner and in accordance with the legislation of the Russian Federation;
e) on the occurrence of the circumstances specified above, apply to the insurer or guarantor with a written demand for the payment of insurance compensation under the contract of tour operator liability insurance, or for the payment of a sum of money under a bank guarantee;
f) assistance from the authorities (or local self-government bodies) of the country (place) of temporary stay in obtaining legal and other types of urgent assistance;
g) unimpeded access to means of communication;
h) receive a copy of the certificate of entry of the tour operator's data into the register;
i) information on the possibility of voluntarily insuring against the risks associated with undertaking the journey and not covered by the financial security of the tour operator's liability, including in connection with the improper performance by the tour operator of its obligations under the agreement on the sale of the tourist product.
3.2. The Company has the right to:
a) demand payment from the Customer for the Tourist Product;
b) reimbursement of expenses if the impossibility of performing the Agreement arose either as a result of circumstances for which the Parties to the Agreement are not responsible, or as a result of a unilateral repudiation of the Agreement by the Customer or the tourist;
c) demand from the Customer the provision of information necessary for the formation and sale of the Tourist Product;
d) engage third parties for the purpose of the latter providing services included in the Tourist Product under the Booking Sheet;
e) repudiate this Agreement in the event of the Customer's breach of obligations established by this Agreement, to the extent that performance has become impossible as a result of such breaches;
f) modify the order of provision of services within the Tourist Product, while maintaining the overall scope and quality of such services.
4. Obligations of the Parties to the Agreement
4.1. The Customer shall be obliged to:
a) provide the Company with information about themselves and/or other tourists named in the Booking Sheet, and the documents necessary for the performance of the Agreement and the formation of the Tourist Product;
b) where the Tourist Product includes the service of obtaining an entry visa, in good time (within the time limits established by the Booking Sheet or as further specified by the Company), provide the Company with all necessary documents and information. Should the Customer provide the set of documents less than 10 working days before the start of the journey, the Company shall not be liable for the timely receipt of entry visas;
c) where the tour is to a children's camp, obtain without fail from the legal representatives/parents of the minor tourist and provide to the Company the information and documents necessary for the formation and execution of the Tourist Product, including a medical certificate (in the prescribed form) indicating chronic illnesses and allergic reactions, a certificate concerning contacts with infectious patients endorsed by the SES (Sanitary and Epidemiological Service), the contact details of the legal representatives/parents and relatives of the minor tourist for prompt emergency communication, and so forth;
d) pay for the Tourist Product at the price, in the manner, and on the conditions established by this Agreement and the Booking Sheet to this Agreement;
e) no later than 24 (twenty-four) hours before the start of the tour, obtain from a person authorized by the Company, or from the Company itself, the set of documents confirming the right of the Customer (tourist/tourists) to receive the services included in the Tourist Product for undertaking the journey, verify the correctness of the data entered, and immediately notify the Company of any defects identified. If the Agreement is concluded later than 24 hours before the start of the journey, the Parties shall additionally agree on the time for the transfer of documents.
The Company shall not be liable for the operation of communication channels; accordingly, the obligation to clarify the timing of receipt of documents rests with the Customer.
f) bring to the attention of the tourists named in the Booking Sheet information regarding the need to:
• observe local customs, traditions, and religious beliefs; show friendliness towards the local population and respect their way of life; be patient, refrain from being rude, raising one's voice, or demeaning the dignity of the local population; respect local customs and traditions, refrain from displaying arrogance and contempt for the local culture, and not engage in offensive remarks regarding the leaders of the country of stay;
• not appear in public places or in the streets in a state of alcoholic or narcotic intoxication, nor consume alcoholic beverages in places not designated for such purposes; smoke only in specially designated areas;
• preserve the surrounding natural environment and treat with care the monuments of nature, history, and culture in the country (place) of temporary stay;
• comply with the rules of entry into the country (place) of temporary stay, of departure from the country (place) of temporary stay, and of stay there, as well as in countries of transit;
• not export, without special permission, weapons, paintings, articles of precious metals and stones, or medicines containing narcotic substances. The transport across the border of articles produced from animals of rare and endangered species of wild fauna is prohibited. Categorically refuse requests from random citizens to carry someone else's belongings through inspection points, and not accept — including for a reward — letters, parcels, baggage, or other items for transmission from unfamiliar persons;
• comply with the rules of personal safety while traveling. To prevent theft, deposit valuables and money in places specially designated for this purpose by the administration of the accommodation facility (and immediately report to the police any crimes committed against the Customer and/or the tourists or their property);
• comply with the rules of conducting excursions and other rules and recommendations for tourists (vacationers) published on the Company's website www.amist.ru;
• be informed of the requirements applicable to passports, including the necessary remaining validity period of a passport for obtaining a visa; be informed that the embassy (consulate) of a foreign state (the country of stay or transit) has the right to refuse to issue an entry visa to any citizen without explanation, to demand additional documents, or to require the personal presence of the tourist at the consular institution;
• be informed of the rules for departure from the territory of the Russian Federation and from foreign states, and for entry into the territory of the Russian Federation and foreign states, by adults and minor children;
• be informed of the particularities and rules of border, customs, and regime control in the Russian Federation and foreign states;
• be informed of the obligation to observe customs and border rules.
g) in the event of non-provision or improper provision of services included in the Tourist Product, immediately notify the Company thereof;
h) obtain from the parent/legal representative of a minor tourist a written undertaking, according to which the minor tourist will, throughout the journey, comply with the rules of personal safety, including the prohibition on unauthorized departure from the territory of the children's camp/other accommodation facility, on independent bathing without the permission of group leaders (shift, camp), on extortion, threats, theft, the infliction of moral or physical harm on other tourists, and the infliction of material damage to the premises or territory of the place of rest and/or other facilities; that throughout the journey the minor tourist will be part of the group and, for the sake of personal safety, will obey their group leader (shift, camp); will not consume alcoholic beverages, narcotic substances, or smoke either within the territory of the accommodation facility or beyond it.
i) given that, in accordance with the provisions of the Air Code of the Russian Federation and the Federal Aviation Rules No. 82, charter flights are operated in accordance with a charter flight schedule (timetable), and given that under the rules of charter transportation the time indicated in the timetable, on the air ticket, and in other documents is not guaranteed and does not constitute an essential term of the Agreement, and given that the air carrier may, without notice, replace the aircraft or change the time of departure — the Customer, the tourist, and other tourists travelling jointly are obliged to monitor up-to-date information on the time of the flight's departure both on the Company's website and on the website of the airport of departure. Such information is to be monitored both within the 24 hours preceding the start of the journey and the issuance of travel documents, and thereafter;
j) notify tourists of the need to arrive in good time, no later than 3 (three) hours before the time of departure of the means of transport, at the place of registration in order to undergo the established inspection procedures, baggage handling, and the requirements relating to border, customs, immigration, sanitary-quarantine, veterinary, phytosanitary, and other types of control in accordance with the legislation of the Russian Federation, as well as at the boarding location. The failure of tourists to appear (delay) at the time of departure for any reason whatsoever shall be deemed equivalent to the Customer's repudiation of the Agreement. A change of trip dates is possible only by prior written agreement with the Company; in the absence of such agreement, accommodation at the hotel (other accommodation facility) will not be provided to tourists who arrive at the accommodation facility independently earlier or later than the agreed time.
k) bring to the Company's attention information on circumstances that prevent the tourists from making use of the services included in the Tourist Product under the Booking Sheet (medical contraindications; conflict situations with state authorities of the Russian Federation and foreign states; restrictions on the right to leave the Russian Federation imposed by Russian state authorities; obligations not performed under court order; the obtaining of permissions or approvals from third parties — consent for the departure of minor citizens of the Russian Federation; permission to export weapons and ammunition; permission to export paintings and articles of precious metals; a doctor's prescription or report concerning medicines containing narcotic substances; permission to export animals, etc.); provide the necessary and accurate set of documents in good time; provide general information of personal data (citizenship; full name; year, month, day, and place of birth; address of place of residence; series, number, date of issue of the passport, name of the issuing authority, division code; marital, social, and property status; education; profession; income; place of work/study, telephone number; email address, as well as other general information necessary for the formation of the Tourist Product by the Company);
l) acquaint the tourists/legal representatives of the tourists in full with the terms of the contracts concluded with the insurance company (where such are concluded) and with the carrier (the rules for the carriage of passengers and baggage by the carrier, the tariffs and conditions of their application, and the conditions of service on board the aircraft may be reviewed by the Customer on the official website of the carrier on the information and telecommunications network "Internet");
m) bring to the attention of tourists information that, if a tourist has not used a booked passenger seat on any segment of the carriage route, the Customer/tourist is obliged to notify the carrier of their intention to continue the carriage on subsequent segments of the route. If the Customer/tourist fails to notify the carrier of the intention to continue the carriage, the carrier shall have the right to cancel the booking on every subsequent segment of the carriage route without notice to the Customer (the "NO SHOW" rule);
n) acquaint the tourists with the rules of fire safety, of accommodation, and of conduct in hotels (accommodation facilities), and notify them of the need to comply with the recommendations and instructions of the group leader or the representative of the Company/tour operator; compensate for damage caused to the hotel (accommodation facility), restaurant, museum, transportation or other enterprise; vacate the accommodation facility (place) on the last day of the stay before check-out time, pay the bills for services provided at the accommodation facility and not included in the Tourist Product, and pay for any other additional services obtained in the country (place) of temporary stay and not included in the list of services specified in the Booking Sheet and forming part of the Tourist Product;
o) notify tourists of the need to observe the rules of personal hygiene and to undertake measures for the prevention of infectious and parasitic diseases (prior to the trip, it is necessary to consult a physician or the appropriate health system services). For the purpose of general protection against certain diseases, the Company recommends that tourists (based on the data of the World Health Organization) be vaccinated against diphtheria, typhoid, whooping cough (in children), measles, tetanus, hepatitis A, polio, and hepatitis B. Should even the slightest signs of illness appear (nausea, vomiting, dizziness), the tourist is obliged to immediately consult a physician. After the trip, it is recommended to consult a physician and have a blood test;
p) where the Customer/tourist is a foreign national, a stateless person, or a non-citizen of Latvia, Lithuania, or Estonia, they are obliged to apply independently to the consular institution of the country of which they are a citizen, and/or to the consulate of the country of temporary entry, in order to obtain information regarding the need for a visa for entry into the country of temporary stay or for a transit visa through the territory of the Russian Federation. The presence of a duly issued visa does not guarantee the Customer/tourist entry into the territory of a foreign state;
q) bring to the attention of the tourists, their parents/legal representatives, information on the particularities of the provision of services within the Tourist Product to minor tourists at children's camps:
• on the terms of this Agreement;
• on the fact that, in the event of breach of discipline and rules of conduct in the camp (the consumption of alcoholic beverages, the use of narcotic substances, smoking, hooliganism and other unlawful actions against other vacationers or camp staff, the infliction of damage on the equipment and territory of the camp, etc.), the camp administration reserves the right to return the minor tourist home and to terminate the tourist trip prematurely. Such circumstances are to be certified by an act signed by the group leader and the instructor. The parents/legal representatives of the minor tourist shall undertake, at the Company's request, to pay the costs associated with returning the minor home. Should the legal representatives refuse to reimburse such costs, those costs shall be borne by the Customer;
• if, through the fault of the minor tourist, damage is caused to property, equipment, or the territory of the camp, the parents/legal representatives of the minor tourist shall undertake, at the Company's request, to pay the costs associated with the restoration of the property, equipment, or territory of the camp. Should the legal representatives refuse to reimburse such costs, those costs shall be borne by the Customer;
• if knowingly false information regarding the state of health of the minor tourist is provided by the parent/legal representative of the minor tourist to the Customer/Company, as a result of which there is a deterioration in the health of the minor tourist or of other participants of the shift residing in the territory of the camp during such period, then all costs associated with medical care, both for the minor tourist himself/herself and for others, shall be borne by the Customer. Where medical contraindications concealed by the Customer or the parents/legal representatives of the child, and/or such as are inadmissible for rest in a children's collective, are discovered in the minor tourist, the Tour Operator shall be entitled to unilaterally terminate the Agreement and to interrupt the tourist trip;
• if the minor tourist systematically violates the rules of conduct in the camp, the camp administration shall be entitled to take a decision on the early termination of the tourist trip and the return of the minor tourist to their place of permanent residence;
• all costs of restoring the damage caused or replacing the spoiled equipment of the camp, including the costs of returning the minor home earlier than scheduled, and all penalties associated with the early return, shall be paid by the parents/legal representatives — that is, by the persons who signed the agreement for the benefit of the minor tourist — or by the Customer;
• in the event of early termination of the stay of the minor on the grounds set out in this sub-clause (q), the Company shall immediately contact the Customer and agree on the procedure for the return of the minor to their place of permanent residence. The Customer shall undertake to compensate the Company for all costs associated with the early return of the minor tourist to their place of permanent residence and to ensure that they are met by the parents/legal representatives on the day of the tourist's arrival (or independently and at their own expense to organize the transfer of the tourist from the main place of stay). In such case, no refund shall be made to the Customer for the cost of the unused part of the Tourist Product.
4.2. The Company shall be obliged to:
a) at the request of the Customer, in good time book the Tourist Product and, provided that the Customer makes proper and timely payment for the Tourist Product in accordance with the Booking Sheet, ensure that tourists are provided with the services included in the Tourist Product;
b) with the consent of the Customer/tourists and on their behalf/on behalf of the tourists, conclude insurance and carriage contracts by purchasing an insurance policy and a railway (air) ticket in accordance with the rules established by the insurance company and the carrier. Information on the carrier, the time of departure, the tariffs, and the rules of carriage is set out in the ticket, which constitutes the agreement between the Customer/tourist and the carrier. Where the legislation of the country (place) of temporary stay establishes requirements for providing a guarantee of payment for medical assistance to the tourist, the Company shall, on behalf of the Customer/tourist, issue or assist in issuing a medical insurance policy. Information on the insurance company, on the necessary actions in the event of an insured event, and on the addresses and telephone numbers of representatives of the insurance company is set out in the insurance policy, which constitutes the agreement between the Customer/tourist and the insurance company. The Company recommends, in order to avoid losses caused by an unforeseen cancellation of the trip or a change in the dates of the journey, that tourists obtain trip cancellation insurance. In the event of an insured event arising from an unforeseen cancellation of the trip (hospitalization of the Customer/tourist not associated with a chronic illness; refusal to issue an entry visa), the Customer is obliged to immediately notify the insurer in writing of the occurrence thereof. The Insurance Rules (guarantee of payment for medical assistance, unforeseen trip cancellation) may, at the Customer's request, be provided by the Company in writing, or the Customer may review them on the insurer's Internet website;
c) where necessary, render assistance to the Customer/tourists in obtaining entry/transit visas. The Tour Operator shall not be liable for the actions of the embassies (consulates) of foreign states or other organizations, except for organizations engaged by the Company to provide services included in the Tourist Product, including for the refusal of a foreign embassy (consulate) to issue (or for delay in issuing) entry visas to tourists along the route of the journey, where all necessary documents have been submitted to the foreign embassy (consulate) by the Company or directly by the Customer/tourist within the established time limits. In such case, the Customer shall be refunded the cost of the paid Tourist Product less the documented expenses of the Company and the part of the work performed (the services rendered) by the Company up to the moment of receipt of the notice of refusal of an entry visa to the tourists;
d) provide the Customer with the necessary and accurate information:
• on the consumer characteristics of the Tourist Product, on the rules and conditions for its effective and safe use;
• on the rules for entry into the country (place) of temporary stay and for departure from the country (place) of temporary stay;
• on the principal documents necessary for entry into the country (place) of temporary stay and departure from the country (place) of temporary stay, including information on the need for a visa for entry into and/or exit from the country of temporary stay;
• on customs, border, medical, sanitary-epidemiological, and other rules (to the extent necessary for undertaking the journey);
• on the specific third party that will provide separate services included in the Tourist Product, where this is significant given the nature of the Tourist Product;
• on the customs of the local population, religious rites, sanctuaries, monuments of nature, history, culture, and other tourist attractions under special protection, the state of the environment, and the national and religious peculiarities of the country (place) of temporary stay;
• on the dangers that the Customer/tourist may encounter while undertaking the journey, including the need to undergo prophylaxis in accordance with international medical requirements;
• on the location, postal addresses, and contact telephone numbers of the state authorities of the Russian Federation, of the diplomatic missions and consular institutions of the Russian Federation located in the country (place) of temporary stay, to which the Customer/tourist may turn in the event of emergency situations or other circumstances threatening the safety of their life and health, as well as in the event of the danger of harm to the property of the Customer/tourist, in the country (place) of temporary stay;
• on the procedure and time limits for the submission of demands for the payment of insurance compensation under the contract of tour operator liability insurance, or of demands for the payment of a sum of money under a bank guarantee;
• on the terms of the voluntary insurance contract under which the insurer is obliged to make payment and/or to reimburse the costs of paying for emergency and urgent medical assistance rendered to the tourist in the country of temporary stay, including the medical evacuation of the tourist within the country of temporary stay and from the country of temporary stay to the country of permanent residence, and/or the return of the body (remains) of the tourist from the country of temporary stay to the country of permanent residence; on the insurer; on the organizations that, under the contract concluded with the insurer, organize the provision of emergency and urgent medical assistance in the country of temporary stay, including medical evacuation, payment thereof, and the organization of the return of the body (remains) of the tourist; as well as the procedure for the tourist's recourse in connection with the occurrence of an insured event (the location and contact telephone numbers of the insurer and other organizations), where the voluntary insurance contract is concluded for the benefit of the tourist by the executing party on behalf of the insurer;
• on the need for the tourist to pay independently for emergency and urgent medical assistance rendered to them in the country of temporary stay, including the medical evacuation of the tourist within the country of temporary stay and from the country of temporary stay to the country of permanent residence; on the return of the body (remains) of the tourist from the country of temporary stay to the country of permanent residence at the expense of the persons interested in the return of the body (remains), should the tourist not have a voluntary insurance contract (insurance policy) under the terms of which the insurer is obliged to make payment and/or to reimburse the costs of paying for emergency and urgent medical assistance rendered to the tourist in the country of temporary stay, including medical evacuation and/or the return of the body (remains); as well as on the requirements of the legislation of the country of temporary stay in respect of insurance conditions, where such requirements exist;
• on the possibility for the tourist to voluntarily insure the risks associated with the non-performance or improper performance by the Company/tour operator of its obligations under the Agreement, as well as other risks associated with undertaking the journey and not covered by the financial security of the tour operator's liability that is the executing party under the Agreement;
• that, upon crossing the state border, a minor citizen of the Russian Federation travelling jointly with at least one parent may leave the Russian Federation on the basis of their own foreign passport. Where a minor citizen of the Russian Federation leaves the Russian Federation without being accompanied by parents, adoptive parents, guardians, or trustees, they must have with them, in addition to the passport, the notarized consent of the named persons for the departure of the minor citizen of the Russian Federation, indicating the duration of the departure and the state(s) which they intend to visit;
• on the inadmissibility of unilateral changes by the Customer to the program of the journey under the Tourist Product;
• that during transfers, check-in for a flight (departure from a flight), and accommodation at the hotel (other accommodation facility), the services of a guide or escort are not provided.
e) no later than 24 hours before the start of the journey, transfer to the Customer/tourist the documents certifying the right of the Customer/tourist to the services included in the Tourist Product (voucher, ticket, and others), as well as other documents necessary for the Customer/tourist to undertake the journey. The provision of such documents to the Customer/tourist at a later time is possible only with the consent of the Customer/tourist;
f) bring to the Customer's attention complete and accurate information about the organization directly providing the services where, under the Agreement, the Company is selling a Tourist Product formed by a third party.
5. Liability of the Parties
5.1. The Parties shall bear liability for the non-performance or improper performance of their obligations under the Agreement in accordance with the legislation of the Russian Federation.
5.2. The Customer shall bear liability:
a) for the timely payment of the Tourist Product at the price and on the terms specified in the Booking Sheet and the Agreement;
b) for the accuracy of the information and documents transferred to the Company for the performance of the Agreement on the sale of the tourist product;
c) for the Customer's/tourists' compliance with the legislation of the country (place) of temporary stay and with the rules of entry into the country (place) of temporary stay, of departure from the country (place) of temporary stay, and of stay there, as well as in countries of transit;
d) for damage caused to a third party through the fault of the Customer/tourist;
e) for the Customer's/tourists' possession of documents necessary for the trip (including a valid foreign and general passport with a sufficient validity period), of the necessary endorsements in the documents (Ministry of Internal Affairs stamps, etc.), of the visas necessary for entry, and for the absence of unredeemed visas which prevent entry, the absence of unperformed obligations on the territory of the Russian Federation, the consent for a minor tourist to leave, and so forth.
5.3. Where the Company is the executing party under the Agreement (the tour operator that has formed the Tourist Product), it shall be answerable to the Customer/tourist for the actions (or inaction) of third parties providing services included in the Tourist Product. Where the Tourist Product has been formed by a third party (the tour operator), then such third party shall be the executing party under the agreement and shall bear liability before the Customer/tourist for the actions (or inaction) of third parties providing services included in the Tourist Product.
5.4. The Company shall not be liable for non-performance of the Agreement through the fault of the Customer/tourists (failure to make a flight/train/other transportation, the absence of documents necessary for undertaking the journey, refusal to issue a visa, failure to pass customs and passport control, breach of the rules of travel and of the carriage of baggage (animals), breach of the laws of the country of stay, breach of the rules of personal safety, etc.). All matters relating to the travel of the Customer and the carriage of baggage (animals) shall be resolved in good time and in the appropriate manner by the Customer/tourist and the person providing such service. All matters relating to the insurance of life and health of the Customer/tourist shall be resolved in good time between the Customer and the person providing such service.
5.5. The Company shall, in accordance with the Consumer Rights Protection Law, bear liability:
• for the provision of inadequate information about the Tourist Product and about the Company/tour operator, including for harm caused to the life, health, and property of the Customer/tourist as a result of the failure to provide them with complete and accurate information;
• for the sale of a Tourist Product containing defects, including for breach of the requirements as to the quality and safety of the Tourist Product;
• for breach of the time limits for the provision of services and of other terms of the Agreement;
• for the inclusion in the Agreement of terms that diminish the rights of the tourist as compared with the conditions established by federal laws, the Rules for the Provision of Services for the Sale of a Tourist Product, and other regulatory legal acts of the Russian Federation.
5.6. The Company shall not be liable for:
5.6.1. the non-correspondence of the tourist services provided to the subjective expectations and assessments of the Customer/tourist;
5.6.2. the actions of consular services (including refusal to issue or untimely issuance of an entry or transit visa), of customs and immigration authorities (deportation);
5.6.3. the actions of the border service (including refusal to allow departure from the Russian Federation in cases where: the tourist has been granted access to information of particular importance or top-secret information classified as state secret; the tourist is called up for military service or is referred for alternative civilian service; the tourist is detained on suspicion of having committed a crime or has been engaged as an accused; the tourist has been convicted of having committed a crime; the tourist evades the performance of obligations imposed on him by a court — information may be obtained by telephone from the Federal Bailiff Service; the tourist has provided knowingly false information about themselves when processing documents for departure from the Russian Federation);
5.6.4. the Customer's/tourist's breach of customs formalities, of the rules of travel and of carriage of baggage, as well as of the particularities of conduct in the country of temporary stay, etc.;
5.6.5. the Customer's/tourist's refusal of part or all of the services included in the Tourist Product, or the Customer's/tourist's expenses for additional services not provided for in the Booking Sheet, as well as for the Customer's/tourist's unilateral change to the program of the journey;
5.6.6. losses caused to the Customer/tourist in connection with their culpable acts/omissions, which include in particular: failure to appear, or being late, at the place of provision of a service included in the Tourist Product; the untimely or insufficient provision to the Company of the documentation necessary for processing the documents granting the right of entry/exit; the breach of the legislation of the Russian Federation and of the country of stay, including customs, border, sanitary, and quarantine rules; being in a state of alcoholic or narcotic intoxication and the consequent inability to make use of the services within the Tourist Product; refusal of medical insurance.
5.7. The Customer is hereby informed that, in accordance with the legislation of the Russian Federation, the conclusion of a contract of carriage (air carriage) of a passenger is evidenced by a ticket. The contract of passenger carriage is a contract of adherence; therefore, the Customer/tourist is notified of the obligation to comply with all rules of air and rail carriage and to obey all requirements imposed by the carrier, the crew of the aircraft, the security services of the airline and the airport, and the railway terminal upon undertaking the carriage. Air tickets purchased on the basis of charter tariffs shall, in the event of the passenger refusing the flight, be cancelled in accordance with the carrier's internal aviation rules. The time and the airport of departure of the aircraft do not constitute an integral part of this Agreement and may not be essential terms thereof in the sale of the Tourist Product. Liability for the non-performance or improper performance of the terms of the contract for the air carriage of a passenger and baggage (or rail carriage) is borne by the carrier; proper evidence of the conclusion of the agreement between the Customer/tourist and the carrier is the ticket. Accordingly, the Customer/tourist shall be entitled to direct a complaint directly to the air (rail) company or other carrier that provided the carriage services. The ticket must be retained pending the submission of any claims.
5.8. The Company shall not be liable for harm caused to the health and/or property of the Customer/tourist by third parties. The Company shall not be liable for harm caused to the health and/or property of the Customer/tourist as a result of the non-performance or improper performance by the insurance company of obligations under the insurance contract concluded with the Customer/tourist. In accordance with the legislation of the Russian Federation, the insurance company shall bear liability in such case; proper evidence of the conclusion of the agreement between the tourist and the insurance company is the insurance policy. Accordingly, all statements, complaints, and claims of the Customer/tourist relating to the occurrence of an insured event and to the non-performance or improper performance by the insurance company of obligations assumed by it under the insurance contract shall be brought by the Customer/tourist directly against the insurance company that issued the insurance policy. The insurance policy, as well as any documents confirming the occurrence of the insured event and the amount of expenses incurred by the Customer/tourist in connection with the occurrence of the insured event, must be retained pending the submission of claims to the insurance company.
5.9. The Customer is informed that, in the immediate vicinity of the hotel (accommodation facility), construction and engineering works may be carried out, communications and equipment may be erected/located, shops, restaurants, clubs, discotheques, parking lots, and other organizations, lighting masts may be present, and pedestrian, motor, or rail roads may pass through, etc., as a result of which undesirable noise effects, visual effects, odors, vibrations, etc., may arise; and inasmuch as such phenomena are outside the sphere of competence of the Company, the Company shall not be liable for them.
6. Force Majeure
6.1. A Party shall not be liable to the other Party for failure to perform obligations under this Agreement caused by circumstances arising beyond the will and desire of the Parties, which could not have been foreseen or avoided, including a declared or de facto war, civil unrest, epidemics, blockade, strikes, acts of terrorism, restrictions on transportation, embargoes, earthquakes, floods, tsunamis, fires, typhoons, snowstorms, other natural disasters, the adoption of legislative acts that impede the performance of the Agreement, etc. (force majeure).
6.2. The Party that fails to perform its obligation as a result of force majeure shall, within two days of the commencement of the force majeure circumstances, notify the other Party of the impediment and its effect on the performance of obligations under the Agreement.
A document issued by the relevant competent authority shall constitute sufficient evidence of the existence and duration of force majeure circumstances.
A failure to give notice or untimely notification of the occurrence of force majeure circumstances shall deprive the Party affected by them of the right to subsequently rely upon them as a ground for relief from liability under the Agreement.
7. Conditions for Modification and Termination of the Agreement
7.1. The Agreement may be modified or terminated in the cases and in the manner provided for by the legislation of the Russian Federation, including by agreement of the Parties.
7.2. The services included in the Tourist Product, and the process of their provision, must be safe for the life, health, and property of the tourist and for the environment, and must not cause harm to the material and spiritual values of society or to the security of the state.
In the event of the occurrence of circumstances indicating that, in the country (place) of temporary stay of the tourists, there has arisen a threat to the safety of their life and health, as well as a danger of harm to their property, the Customer/tourist and/or the Company shall have the right to demand, in court proceedings, the termination of the Agreement or its modification.
The existence of such circumstances is confirmed by the relevant documents of the competent authorities of the country (place) of temporary stay.
7.3. Each of the Parties shall have the right to demand the modification or termination of the Agreement in connection with a substantial change of circumstances on which the Parties proceeded when entering into the Agreement.
Substantial changes of circumstances include: a deterioration of the conditions of the journey specified in the Agreement and the Booking Sheet; a change in the dates of the journey; an unforeseen increase in transportation tariffs; the impossibility for the Customer/tourist to undertake the trip due to circumstances beyond their control (illness of the Customer/tourist, refusal to issue a visa, and other circumstances).
7.4. Upon termination of the Agreement in connection with substantial changes of circumstances, compensation for losses shall be made in accordance with the actual costs incurred by the Company, with regard also to the retention of the cost of the Service Fee.
7.5. The Customer shall have the right to repudiate the Agreement subject to payment to the Company of the costs actually incurred by the Company, as well as the payment of the corresponding Service Fee.
7.6. Modifications to the terms of the Agreement, save in the cases provided for by the Agreement, shall be made by drawing up a single written document (or by the exchange of written documents) signed by an authorized representative of the Company and by the Customer.
7.7. Notwithstanding the status of the Booking Sheet, in the event of the Customer's breach of the order and time limits for payment under this Agreement, the failure by the Customer to provide valid documents and information necessary for the sale of the Product, the impossibility for the Customer/tourist to undertake the trip due to circumstances beyond their control (illness, refusal to issue an entry visa, etc.), the failure of the tourist to appear at the place of departure of the means of transport, or any other unilateral repudiation of the Agreement by the Customer, the Company shall have the right to unilaterally repudiate the Agreement, and the Customer shall be obliged to compensate the documented expenses of the Company incurred in performing obligations under the Agreement and the Booking Sheet, as well as to pay the Service Fee.
7.8. Notwithstanding the status of the Booking Sheet, the Customer shall have the right to repudiate this Agreement or the ordered and confirmed Tourist Product, subject to the payment to the Company of the corresponding Service Fee and of the costs actually incurred by the Company in performing obligations under the Agreement and the Booking Sheet up to the moment of receipt of written notice from the Customer of the cancellation of the request. Refunds of payment for an air ticket (charter flight) shall not be made, including in the event of termination on the carrier's initiative of the contract of air carriage of the Customer/tourist in connection with the Customer's/tourist's breach of the rules of conduct on board the aircraft, creating a threat to the safety of the aircraft's flight or a threat to the life or health of other persons, as well as failure of the Customer/tourist to comply with the orders of the aircraft commander. Refunds of payment for an air ticket on a regular flight shall be made in accordance with the rules established by the air carrier. Refunds of a railway ticket purchased on an individual tariff shall be made in accordance with the rules established by the railway agency or by the railway agency of the country of purchase. No refunds of payment shall be made for a railway ticket purchased on a group tariff. The cost of insurance and of visa fees (consular fees) is not subject to refund. By "actual costs incurred," the Parties mean the obligations of the Company, both performed and undertaken but not yet performed, towards third parties for the payment of services within the Tourist Product specified in the Booking Sheet.
7.9. The date of cancellation of the Tourist Product, as well as of modification/termination of this Agreement, shall be deemed to be:
7.9.1. the date of receipt at the Company's office of a written application from the Customer on a working day as established by the Company's internal labour regulations (Monday to Friday from 09:00 to 18:00, Saturday from 10:00 to 15:00);
7.9.2. in the event of receipt of a written application from the Customer outside working hours or on a day off/public holiday as established by the Labour Code of the Russian Federation, the Government of the Russian Federation, and by the Company's internal labour regulations (Saturday-Sunday) — the next working day immediately following the day off shall be considered the date of registration of receipt of the application.
7.10. Should the Customer/tourist make use of an alternative service offered to them by the Company in lieu of the one that was not provided, the Company's obligations under the Agreement shall be deemed properly performed.
8. Procedure and Time Limits for the Submission of Claims by the Customer to the Company
In the event of the Company/tour operator's breach of the terms of the Agreement, disputes:
8.1. Claims relating to the quality of the Tourist Product shall be submitted to the Company in writing within 20 days of the date of the end of the journey and shall be considered within 10 days of the date of receipt of the claims, in accordance with the Rules for the Provision of Services for the Sale of a Tourist Product.
8.2. Claims that do not meet the requirements of clause 8.1 of the Agreement, and claims associated with the existence of queues, poor weather conditions, changes to schedules, and other reasons that prevented the Customer/tourist from inspecting tourist resources, as well as claims associated with the subjective views, assessments, and expectations of the Customer regarding the country and place of stay, shall not be considered.
8.3. In the event that disagreements are not resolved by negotiations, the dispute shall be subject to consideration by a court in accordance with the legislation of the Russian Federation.
9. Procedure for Payment of Insurance Compensation Under the Tour Operator Liability Insurance Contract, or Payment of a Sum of Money Under a Bank Guarantee
9.1. The basis for payment of insurance compensation under the contract of tour operator liability insurance, or for payment of a sum of money under a bank guarantee, is the fact of actual damage being caused to the Customer/tourist as a result of the tour operator's failure to perform its obligations under the agreement on the sale of the tourist product, in connection with the cessation of tour operator activities by reason of the impossibility for the tour operator to perform all obligations under the Agreement. The date of the insured event shall be deemed to be the day on which the tour operator publicly declared the cessation of tour operator activities by reason of the impossibility for the tour operator to perform all obligations under agreements on the sale of the tourist product.
By "actual damage" subject to compensation under the insurance compensation under the contract of tour operator liability insurance, or under the bank guarantee, the Parties mean the expenses of the Customer/tourist for payment for transportation and/or accommodation services under the agreement on the sale of the tourist product.
The payment of insurance compensation under the contract of tour operator liability insurance, or the payment of a sum of money under a bank guarantee, shall not deprive the Customer/tourist of the right to demand from the tour operator the payment of fines, penalties, compensation for lost profits, and/or moral harm, in the manner and on the conditions provided for by the legislation of the Russian Federation.
9.2. In cases where the tour operator fails to perform its obligations under the Agreement before the Customer/tourist and there are grounds for the payment of insurance compensation under the contract of tour operator liability insurance, or for the payment of a sum of money under a bank guarantee, the Customer/tourist or their legal representative shall, within the limits of the size of the financial security of the tour operator's liability (Annex No. 2), have the right to submit a written demand for the payment of insurance compensation, or for the payment of a sum of money, directly to the organization that provided the financial security.
The Customer's/tourist's demand for the payment of insurance compensation or for the payment of a sum of money under a bank guarantee, addressed to the organization that has provided financial security for the tour operator's liability, shall specify: the surname, first name, and patronymic of the tourist, as well as information on the Customer; the date of issue, the period of validity, and other particulars of the document submitted as financial security for the tour operator's liability; the number of the Agreement and the date of its conclusion; the name of the tour operator; information on the circumstances (facts) evidencing the tour operator's failure to perform obligations under the Agreement; the amount of actual damage caused to the tourist in connection with the tour operator's failure to perform obligations under the agreement on the sale of the tourist product; where the demand for the payment of a sum of money is presented under a bank guarantee to the guarantor, the particulars of a document evidencing the tour operator's refusal to voluntarily satisfy the demand for compensation of the actual damage incurred by the Customer/tourist as a result of the tour operator's failure to perform obligations under the Agreement, and/or the number and date of the legally effective court decision on compensation by the tour operator of the said actual damage.
To the demand for payment of insurance compensation or for payment of a sum of money under a bank guarantee, the Customer/tourist shall attach: a copy of the passport or other identity document in accordance with the legislation of the Russian Federation, with presentation of the originals of the said documents; a copy of the Agreement with presentation of its original where the agreement is concluded on paper; documents confirming the actual damage incurred by the Customer/tourist as a result of the tour operator's failure to perform obligations under the Agreement; the Agreement in the form of an electronic document on an electronic data carrier, where the agreement is concluded in the form of an electronic document.
The expenses incurred by the Customer/tourist that are not caused by the tour operator's failure to perform its obligations under the Agreement in connection with the cessation of tour operator activities, by reason of the impossibility for the tour operator to perform all obligations under agreements on the sale of the tourist product, shall not be reimbursed by the insurer or guarantor.
For the performance of its obligations to provide financial security for the tour operator's liability, the insurer or guarantor shall not have the right to require the submission of any other documents save those provided for in this clause.
A written demand for the payment of insurance compensation under the contract of tour operator liability insurance, or for the payment of a sum of money under a bank guarantee, may be submitted by the Customer/tourist to the insurer or guarantor that has provided financial security for the tour operator's liability, within the limitation period in respect of grounds that arose during the period of validity of the financial security of the tour operator's liability.
The insurer or guarantor shall be obliged to satisfy the Customer's/tourist's demand for the payment of insurance compensation under the contract of tour operator liability insurance, or for the payment of a sum of money under a bank guarantee, no later than thirty calendar days after the day of receipt of such demand together with all the necessary documents provided for in this article.
In cases where more than one Customer/tourist simultaneously submits to the insurer or guarantor demands for the payment of insurance compensation under the contract of tour operator liability insurance or for the payment of a sum of money under a bank guarantee, and the total amount of funds payable exceeds the amount of the financial security of the tour operator's liability, the satisfaction of such demands shall be made in proportion to the sums of money specified in the demands relative to the size of the financial security of the tour operator's liability. The Tour Operator Liability Insurance Rules approved by the insurer or by an association of insurers must contain provisions on the procedure for payment of insurance compensation in such cases.
10. Other Conditions
10.1. The execution of the Booking Sheet and the payment by the Customer of the cost of the Tourist Product shall mean that the Customer, in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data," gives the Company their consent, under which the Company has the right, in the interests of the Customer/tourist, to process their personal data by means of mixed (including automated) processing, to systematize, store, distribute, and transfer such data with the use of the public access network "Internet" to third parties (air carriers, insurance companies, foreign tour operators, hotels, transportation companies, etc.), including with the use of cross-border data transfer to the territory of foreign states that do not provide adequate protection of the rights of personal data subjects; and also guarantees the consent of the persons specified in the Booking Sheet to the processing of the listed personal data, for a period of three years; has been informed and has informed the tourists of the right to withdraw such consent to the processing of personal data by giving written notice thereof to the Company.
In the event of the withdrawal of consent by the Customer/tourist, the Company shall be obliged to cease processing the personal data and to destroy the personal data within a period not exceeding three working days from the date of receipt of such withdrawal.
10.2. The Parties to this Agreement recognize the legal force of documents (the Booking Sheet), text notices, and messages directed by the Parties to each other to the contact email addresses specified by the Company on the Website and by the Customer in the Booking Sheet (referred to as the "communication channels"). Such notices and messages shall be deemed equivalent to messages and notices made in simple written form and sent to the postal addresses of the Company and the Customer. Should there arise any disagreements between the Parties as to the facts of dispatch and receipt of messages, of the time of their dispatch, and of their content, the Parties have agreed to consider the records of the Company's technical service to be reliable and final for resolving disagreements between the Parties.
10.3. The Agreement shall enter into force from the moment of acceptance of its terms by the Customer and shall remain in force until the date of the end of the journey indicated in the Booking Sheet, as well as until the date of completion of final settlements.
Annexes
1. Booking Sheet
2. Information about the Tour Operator
3. Form of Refusal of Voluntary Insurance
4. Consent to the Provision of Personal Data
CEO: Ipatova Tatiana Nikolaevna
Annex No. 1 to the Agreement — Booking Request
Date: \_\_\_/\_\_\_/20\_\_
Information about the Tourists
(In Russian and/or English)
| Surname, first name, patronymic (where available) of the tourist | Sex (M/F) | Date of birth | Passport details (passport of a citizen of the Russian Federation and/or foreign passport) depending on the country of visit |
|---|---|---|---|
Total: \_\_ adults, \_\_ children under 18 years of age
Program of Stay and Route of the Journey
Country, city/resort:
Dates of stay, number of nights/days: start/end:
\_\_/\_\_/\_\_ — \_\_/\_\_/\_\_
\_\_/\_\_/\_\_ — \_\_/\_\_/\_\_
Accommodation Facility
| Name (location of the accommodation facility) | Category of the accommodation facility | Check-in and check-out dates | Room category | Type of accommodation in the room (number of persons per room) | Meal category |
|---|---|---|---|---|---|
Information on Carriage Services
| Route | Class of service | Flight number | Date/time | Notes |
|---|---|---|---|---|
Customer Carriage Services in the Country (Place) of Temporary Stay
| Tourists' full names | Carriage route | Type of transfer (where applicable) | Category of vehicle / type of transport |
|---|---|---|---|
Excursion Program
(Including information on the availability of an excursion guide and/or interpreter-guide and/or instructor-guide)
11. Other Additional Services
| Name of the service | Characteristics of the service |
|---|---|
12. Total Price of the Tourist Product in Rubles
Total price: amount in figures: \_\_\_ amount in words: \_\_\_
13. Information on the Voluntary Insurance Contract for the Benefit of the Tourists
The Customer has been fully informed of the consumer characteristics of the Tourist Product and of the additional information specified in the annex to this Booking Request.
Customer: \_\_\_\_\_\_\_\_\_\_\_
Performed by: \_\_\_\_\_\_\_\_ / Sautchenkova T.A. /
Annex to the Booking Request — List of Information Brought to the Customer's Attention
| Information brought to the Customer's attention | Yes | No |
|---|---|---|
| On the consumer characteristics of the Tourist Product, on the rules and conditions for its effective and safe use | ||
| On the rules of entry into the country (place) of temporary stay and of departure from the country (place) of temporary stay | ||
| On the principal documents necessary for entry into the country (place) of temporary stay and for departure from the country (place) of temporary stay, including information on the need for a visa for entry into and/or exit from the country of temporary stay | ||
| On customs, border, medical, sanitary-epidemiological, and other rules (to the extent necessary for undertaking the journey) | ||
| On the customs of the local population, religious rites, sanctuaries, monuments of nature, history, culture, and other tourist attractions under special protection, the state of the environment, and the national and religious peculiarities of the country (place) of temporary stay | ||
| On the procedure of access to tourist resources taking into account the restrictive measures adopted in the country (place) of temporary stay (to the extent necessary for undertaking the journey) | ||
| On the dangers that the Customer may encounter while undertaking the journey, including the need to undergo prophylaxis in accordance with international medical requirements | ||
| On the location, postal addresses, and contact telephone numbers of the state authorities of the Russian Federation, of the diplomatic missions and consular institutions of the Russian Federation located in the country (place) of temporary stay, to which the Customer may turn in the event of emergency situations or other circumstances threatening the safety of their life and health, as well as in the event of the danger of harm to the property of the Customer | ||
| On the terms of the voluntary insurance contract under which the insurer is obliged to make payment and/or to reimburse the costs of paying for emergency and urgent medical assistance rendered to the tourist in the country of temporary stay, including medical evacuation and the return of the body (remains) of the tourist; on the insurer; on the organizations that organize the provision of emergency and urgent medical assistance; as well as the procedure for the tourist's recourse in connection with the occurrence of an insured event, where the voluntary insurance contract is concluded for the benefit of the tourist by the executing party on behalf of the insurer | ||
| On the need for the tourist to pay independently for emergency and urgent medical assistance rendered to them in the country of temporary stay, including medical evacuation and the return of the body (remains) at the expense of the persons interested in the return of the body (remains), should the tourist not have a voluntary insurance contract (insurance policy), as well as on the requirements of the legislation of the country of temporary stay in respect of insurance conditions, where such requirements exist | ||
| On the possibility for the tourist to voluntarily insure the risks associated with the non-performance or improper performance by the Performing Party of its obligations under the agreement, as well as other risks associated with undertaking the journey and not covered by the financial security of the tour operator's liability | ||
| Other information |
By signing this Annex to the Agreement, the Customer confirms that they have been familiarized with the said information and have received the corresponding materials.
Customer: \_\_\_\_\_\_\_\_\_\_\_ / "\_\_" \_\_\_\_\_ 20\_\_
Annex No. 2 to the Agreement — Information About the Tour Operator
1. Information About the Tour Operator
| Field | Value |
|---|---|
| Full name | AMIST Tour-Business Club Limited Liability Company |
| Abbreviated name | AMIST TBC LLC |
| Address | 693000, Russian Federation, Sakhalin Oblast, Yuzhno-Sakhalinsk, 113 Mira Avenue, Office 30A |
| Postal address | 693000, Russian Federation, Sakhalin Oblast, Yuzhno-Sakhalinsk, 113 Mira Avenue, Office 30 |
| Registry number | RTO 010452 |
| Telephone/fax | (4242) 46-2888 |
| Email / Website | info@amist.ru, www.amist.ru |
| Working hours |
Information About the Organization that Provided the Tour Operator with the Civil Liability Insurance Contract
| Field | Value |
|---|---|
| Type of financial security of the tour operator's liability | Civil liability insurance for non-performance or improper performance of obligations under the agreement on the sale of the tourist product |
| Amount of financial security | 500,000 rubles |
| Date and term of validity of the tour operator liability insurance contract | 01/06/2020 to 31/05/2021 |
| Civil liability insurance contract for non-performance or improper performance of obligations under the agreement on the sale of the tourist product | No. 67/20 of 10.04.2020 |
| Validity period | until 31.05.2021 |
| Name of the organization that provided the financial security of the tour operator's liability | OJSC "DalZhASO" |
| Address (location) | Khabarovsk, 38A Pushkina Street |
| Postal address | |
| Website | |
| kirilina_t@dalgaso.ru |
By signing this Annex to the Agreement, the Customer confirms that they have been familiarized with the said information.
Customer: \_\_\_\_\_\_\_\_\_\_\_ / "\_\_" \_\_\_\_\_ 20\_\_
8. Company Details
AMIST Tour-Business Club Limited Liability Company
(abbreviated name: AMIST TBC LLC)
Location: Yuzhno-Sakhalinsk, 113 Mira Avenue, Office 30
Postal address: Yuzhno-Sakhalinsk, 113 Mira Avenue, Office 30
Tel./Fax: +7 (4242) 436333, 462888
Email/Website: www.amist.ru
Settlement account: 40702810100000001060
Bank: Iturup Bank (LLC), Yuzhno-Sakhalinsk
INN: 6501109786
KPP: 650101001
BIK: 046401772
Correspondent account: 30101810300000000772
12. Customer's Warranties
I hereby confirm that I have been familiarized with: the terms of the agreement, the existing limitations, the rules for application of the carriage tariff, including the conditions of the non-refundable air ticket tariff (unless otherwise specifically indicated), the rules for application of the accommodation tariff, including the possible amounts of retention; the recommendations on processing insurance and the conditions of insurance.
I have information on the rules of entry and transit and undertake to ensure that Clients have all necessary documents.
The Customer consents to the receipt of advertising and other information, including information about the services of the Agency and its partners, via electronic communication networks, including by means of telephone, facsimile, mobile radiotelephone communication, as well as by postal items and by other means.
Consent to the Processing of Personal Data
The Customer, as well as the persons specified in the Agreement and the Annexes thereto, express their written consent to the processing of personal data, which include: surname, first name, patronymic, date and place of birth, sex, citizenship, and nationality; series, number of passport, persons entered into the passport, and other passport details; address of residence and registration, home and mobile telephone, email address; marital, social, and property status (including information on real estate and on the ownership of a vehicle); profession; information (including address, work telephone, position, period of work) on the current place of work and on previous places of work; on the state of health; and any other data that the Customer reported upon entering into or in the course of performing the agreement.
The Customer is obliged to obtain, and warrants the existence of, authority to provide the personal data of the persons specified in the Agreement and the Annexes thereto. Upon entering into the agreement, the Customer confirmed their authority to provide the said personal data. The Customer is obliged to compensate any expenses associated with the Customer's lack of the appropriate authority, including losses associated with sanctions imposed by inspecting authorities.
The processing of personal data is carried out by the Agency and/or the service providers for the purpose of performing the agreement (including, depending on the terms of the agreement, for the purpose of processing travel documents, resolving claim issues should they arise, providing information to authorized state authorities (including upon request from courts and bodies of internal affairs)) and includes: collection, systematization, accumulation, storage, refinement (updating, modification), use, distribution, anonymization, blocking, and destruction of personal data.
The Customer is informed that their personal data may be processed both by automated and by non-automated means of processing. The Customer agrees that the Agency shall be entitled to entrust the processing of the Customer's personal data to another person. The Customer consents to the cross-border processing of their personal data.
This consent is valid for an indefinite period. The validity of the consent shall cease on the basis of a written application, signed by the Customer and delivered, or sent by registered mail with acknowledgment of receipt, to the Agency and to the service providers. The Customer consents to the processing of their personal data until the moment when the Customer delivers the application withdrawing the consent to the processing of personal data.
The rights of the personal data subject have been explained to the Customer and are clear to them.
The addresses and passport details of the Customer and of the participants of the trip are specified in the Agreement and in the Annexes thereto.