TERMS AND CONDITIONSTERMS AND CONDITIONS
of the Tourism Services Agreement
and the Client of the other part, hereinafter jointly and separately referred to as the Parties, have made this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Company undertakes independently or subject to third party agreements to provide to the Client a range of travel services (hereinafter referred to as “the tourism product”, “travel services” or “services”) related to transportation (transfers within the territory of the municipal resort city of Sochi and the Sochi National Park), hotel accommodation and other services — hereinafter the tourism product for the benefit of the Client or the persons specified by the Client in accordance with the conditions and within the time period as set out in this Agreement.
The description of the services and special conditions of such services, including the service level that the Company undertakes to provide to the Client are listed in Schedule 2 to this Agreement.
1.2. In accordance with article 437 of the Civil Code of the Russian Federation this document is a public Terms and Conditions and in case of acceptance of the provisions below the Client, accepting the Terms and Conditions, pays for the services in accordance with the provisions of this Agreement. In accordance with paragraph 3 of article 438 of the Civil Code of the Russian Federation, the payment for services shall be deemed to be an acceptance of the terms and conditions, which equals to entry into the Agreement on the terms set out in the terms and conditions.
1.3. The Company undertakes to hand over all the documents obtained as part of the execution of these instructions to the Customer.
2. INFORMATION ABOUT THE TOURISM OPERATOR AND ITSFINANCIAL SECURITY
2.1. Full details on the tour operator (registered number, address, the amount of financial security, the term of the agreement, the name of the organization providing the financial security) are listed in Schedule 1 to this Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES, STATEMENT OF WORKS
3.1. To get a confirmation of the list of services the Client shall place an order on www.regalrewards.ru (hereinafter referred to as the Website) through an online registration form, in accordance with the instructions published on the website, then confirm the final list of services (a package), provide his/her personal data required for the provision of the services and grant his/her consent to the processing of his/her personal data, including a transfer of this data to any third party that is a participant of the provision of the services.
The order for a travel package shall be deemed confirmed only after the Company confirms all the services. After the travel package is paid by the Client in full, the Company shall be liable to provide the travel services confirmed.
The Company undertakes:
3.1.1. To book the package of services for the Client (or for the individuals listed by the Client) in accordance with the order place by the Client on the website. The order shall contain the following:
- Last name (Family name), Name and Patronymic of the tourist(s);
- Start and end date of the services, date and time of the Client’s arrival in Sochi and that of the Client’s departure;
- The program of stay, concerts and entertainment events;
- Passport data, date of birth of the Clients (tourists);
- Estimated cost of services;
- The amount of the advance payment as a percentage of the total cost of the services listed on the website.
3.1.2. Subject to the Client’s complete payment for the tourism product, the Company shall compile a package of documents required for the packaged tour in accordance with the Federal Law “On the Fundamental Principles of Tourist Activities in the Russian Federation” and pass it to the Client by email and (or) in hard copies no later than one day (in an emergency — on the day of departure at the point of origin indicated on the itinerary) prior to the
— a voucher, the document required for the host company to provide the hotel services and other services to the tourist;
— information including the number plates and car makes of the transfer vehicles as well as names and phone numbers of the drivers;
— other documents required to provide the services.
3.1.3. The Company shall provide accurate information to the Client about the services and shall ensure that the order is executed in accordance with its terms. The Company shall also inform the Client of any terms that are essential for the provision of the services, as well as of the rules established for the excursions, the respective code of conduct and the key risk factors.
3.1.4. The Company shall provide a transfer to the Client if this service is listed in the Order.
3.1.5. The Company provides a catalogue with the accurate information related to the provision of services, a memo stating the procedure for arrivals and departures and etc. to the Client by email or in hard copies.
3.2. The Company shall be entitled:
3.2.1. The Company reserves the right to substitute hotels and (or) other services with an equivalent or that of a higher category, at any time of the services so that to ensure their proper quality.
3.2.2. To engage third parties to perform the services under this Agreement.
3.2.3. To process the Client’s personal data and transfer it to third parties, including but not limited to the transfer of the data in order to provide the proper level of services and prompt communication with the Client as part of execution of all the obligations under the Agreement.
3.3. The Client undertakes:
3.3.1. To provide such means to the Company that are essential for the delivery of the service order in accordance with the price of the service package ordered by the Client and listed in the Order. In addition, in accordance with Federal Law No.
3.3.2. To provide accurate information, documents and powers of attorney required to process all the necessary documents prior to the date of execution of this Agreement.
3.3.3. Read the Casino Terms of Entry that are published in the online account at www.regalrewards.ru and are available after the online registration.
3.3.4. To pay for the services ordered in accordance with this Agreement and following the procedure set out at the Company’s website.
3.3.5. children under 14 years of age are allowed in a transfer vehicle only if accompanied by a parent or a legal guardian
3.3.6. children under 10 years of age are allowed in a transfer vehicle only if they have a birth certificate and are accompanied by a parent, a legal guardian or any other person in possession of a passport and a notarized permission for the named adult to travel with the child.
3.3.7. To reimburse any damage inflicted to the Company or any third parties at the place of temporary stay that resulted from illegal, intentional, reckless or accidental actions (article 393 of the Civil Code of the Russian Federation).
3.3.8. Pick up the set of documents required for the packaged tour at the Company’s office or at the hotel at such a time as agreed by the parties. The documents shall be received not earlier than 2 weeks and not later than 1 day prior to the date when the packaged tour starts.
3.3.9. The Client shall have the right to receive the set of documents in person or through a representative acting under a power of attorney testifying his/her right to receive the respective documents and this power of attorney shall be executed in accordance with the provisions of the Russian legislation.
— any cancellations of the packaged tour are allowed not later than 15 days prior to the commencement date of the services as provided at the Company’s website. Any cancellations of the packaged tour 14 days or less prior to the commencement date of the services are subject to a booking fee in the amount of 100% of the total cost of the packaged tour for the entire period, and the tourist services are deemed to be rendered in full and shall be payable in the amount of 100% of the cost for the entire period.
4. PAYMENT PROCEDURE
4.1. The preliminary cost of the tourism product is determined by the Parties on the basis of the tourist services included in the tourist product, and is indicated as 100% of the total cost of the complex of services in rubles in the booking module on the Company’s website.
4.2. The payment shall be made in rubles by a bank transfer (plastic cards) through the electronic payment system integrated into the website. The services shall be considered paid once the execution of this transfer is confirmed by the financial establishment serving the Client.
5. AMENDMENTS AND EARLYTERMINATION OF THE AGREEMENT
5.1. The Client shall have the right to withdraw from the agreement subject to the following:
— any cancellations of the packaged tour are allowed not later than 15 days prior to the commencement date of the services. Any cancellations of the packaged tour 14 days or less prior to the commencement date of the services are subject to a booking fee in the amount of 100% of the total cost of the packaged tour for the entire period, and the tourist services are deemed to be rendered in full and shall be payable in the amount of 100% of the cost for the entire period.
5.2. Date of cancellation of the Order shall be determined in accordance with the rules of cancellations on the Company’s website.
6. LIABILITY OF THE PARTIES
6.1. The Company shall be liable:
6.1.1. To the Clients for any actions (or inaction) of a third party, in case the liability of the third party to the Clients is not envisaged in the federal laws and other norms and regulations of the Russian Federation.
6.1.2. For the performance of its obligations subject to the full payment for the tourism product by the Client.
6.2. In case the
- cancel the booked services and get a refund of the advance payment;
- accept the changes and pay the additional amount within three days.
6.3. The Company shall not be liable:
6.3.1. for failure to conform to the expectations of Client and his/her the mismatch services, including the service level expectations of the Client’s unreasonable and subjective evaluation.
6.3.3. For any issues that the Client might have with the border, customs, police and other state authorities, except for the cases when the Company fails to process the required documents in a proper way.
6.3.5. In case of loss or theft of personal belongings (luggage) of the Client; for loss of documents by the Client and any costs related thereto. The Company is exempt from any cost related to treatment, as well as to transportation in the event of the Client’s death.
6.3.6. For any violations of the passengers’ code of conduct by the Client followed by the Client’s removal from the flight.
6.3.7. The Parties shall not be liable for
6.3.8. The Client shall be liable for the accuracy of the information stated in the passport and in any other documents required for the provision of services.
7.1. This Agreement is deemed by the Parties to be the Power of attorney empowering the Company to carry out such activities that will ensure the delivery of the Client’s instructions under this Agreement.
7.2. The Parties agree that email correspondence will be an official means of information transfer under this Agreement.
8. DISPUTE RESOLUTION
8.1. All disputes and controversies arising out of or related to this Agreement shall be settled by negotiations. If the negotiations produce no results a complaint procedure in writing shall be initiated under this Agreement. Any matters that are not stipulated in this Agreement shall be subject to the current legislation of the Russian Federation.
The Client’s complaint shall contain: surname, name, patronymic and place of residence of the Client, name of the Company and the Client. A copy of the payment document shall be attached to the complaint. In case the above documents are not provided the Company reserves the right to leave the complaint without consideration.
The Company will not address any of the Client’s complaints related to the quality of the services provided that are based on the Client’s personal assessment. Any complaints and claims that the Client submits past the time limits set out in the Agreement will not be accepted by the Company.
8.2. In case the Company violates significant conditions specified in the Application, the Client shall have the right to bring a claim against the Company within 10 days after the expiry of the term for the provision of services. Claims are subject to review by the Company within 10 business days of receipt.
8.3. Conditions of payment of insurance indemnity to the Client and (or) to other insurance customers under the insurance contract of the tour operator’s civil liability is appended in Schedule 2 to this Agreement.
9. TERM OF THE AGREEMENT
9.1. This Agreement shall be deemed executed since the date of payment for the services and shall continue until the services under this Agreement are fully rendered.
9.2. This Agreement is available on the Company’s website and can be changed by the Company at any time. For any Clients who have paid for the service before such changes were made, the current version of the agreement posted on the site until the date of payment for the services by the Client shall be applicable. Within 2 business days following a request by the Client in writing, the Company shall provide the Client with a certified hard copy of the Terms and Conditions that was in force at the time when the agreement was executed.
ADDRESSES AND BANK DETAILS OF THE COMPANY:
Full Company’s Name: Limkited Liability Company
Short Company’s Name: “V Sochi” LLC
Registered address: 26/2 Konstitutsii SSSR Street, office 13 354000, Sochi
Business address: 21 Olympiyskiy Prospect,
Postal address: P/O box 11, Post office No. 349, Sochi, Krasnodar Region, 354349
Correspondent account: 30101810600000000602
Current account: 40702810030060002212
to the Terms and Conditions of the Tourism Services Agreement with
Limited Liability Company “V Sochi”.
Tour operator “V Sochi” LLC (Registered number: MBT 016800).
Extract from agreement No.10067740032101902307 of the tour operator’ civil liability insurance:
Term of the agreement: from 4 April, 2016 through 3 April 2017.
“BIN Strakhovanie” LLC, located at 4 Sharikopodshipnikovskaya Street, building 1, Moscow is the Insurer under the agreement above.
Collateral: 500 000 (five hundred thousand) rubles.
1. The grounds for indemnity payment under the contract of the TOUR OPERATOR’s civil liability insurance.
1.1. If an insured event occurs the Insurer shall make an indemnity payment under the TOUR OPERATOR’s civil liability insurance contract following a written request by the tourist and (or) any other customer.
1.2. The grounds to make an indemnity payment under the TOUR OPERATOR’s civil liability insurance contract shall be the fact establishing that the TOUR OPERATOR shall indemnify the tourist and (or) any other customer for the actual damages incurred as a result of
2. An event shall be deemed an insured event if, including but not limited to:
2.1. it is established and supported with documents that the Policy holder shall indemnify the Beneficiary for the actual damages incurred as a result of
2.2. An event shall be deemed an insured event if:
— the fact of actual damages incurred by the Beneficiary and the amount thereof is established by an effective court ruling;
— the documents, listed in article 9.3 — 9.4 of the Insurance contract are provided to the Insurer at the time of application for the indemnity payment.
2.3. the liability of the Policy Holder to indemnify the actual damages to the Beneficiary shall be proved with:
an effective court ruling;
voluntary decision by the Policy Holder following an approval by the Insurer;
A material breach of the tourism product sales agreement is a breach that entails such a damage to the tourist and (or) the customer of the tourist product that he/she is largely deprived of what he/she was entitled to expect under the agreement.
Material breach of the agreement by the Policy Holder are as follows:
significant deficiencies of the tourist product, including material breach of the law requirements to the quality and safety of the tourist product;
2.5. The actual damage caused to the Beneficiary is in a cause and effect relation to the
2.6. A written notice, a statement of claim or a request to make an indemnity payment under this Agreement are filed by the Beneficiary against the Policy Holder and (or) the Insurer during the term of the Agreement.
2.7. The obligation of the Policy Holder to indemnify the actual damage is deemed established during the term of the Agreement if during the term of the Agreement the Beneficiary:
— filed a statement of claim on recovery of the actual damage, a written complaint to the Policy Holder or jointly to the Policy Holder and the Insurer;
or filed a request to the Insurer for an indemnity payment.
3. The procedure for indemnity payment under the contract of the TOUR OPERATOR’s civil liability insurance.
3.1. In case of
3.2. The application filed by the tourist and (or) any other customer shall include:
3.2.1. Surname, name and patronymic of the tourist as well as information about another customer (if the tourism product sales agreement was executed by another customer);
3.2.2. date of issue, validity term and other characteristics of the document, provided as the TOUR OPERATOR’s collateral;
3.2.3. number of the tourism product sales agreement and the date of its execution;
3.2.4. Name of the TOUR OPERATOR that has been provided with the collateral;
3.2.5. Information about the circumstances (facts), testifying to the
3.2.6. A reference to the circumstances that served a reason for the tourist and (or) any other customer to apply to the insurer or the underwriter;
3.2.7. The amount of funds to be paid to the tourist and (or) any other customer in connection with the
3.3. The tourist and (or) any other customer shall send a request alongside with the documents as follows:
3.3.1. A passport copy or any other identity document in accordance with the Russian legislation (on original shall be also demonstrated);
3.3.2. A printed copy of the Terms and Conditions or the Terms and Conditions sealed and signed by the tour operator;
3.3.3. Documents in confirmation of the actual damages inflicted to the tourist and (or) any other customer in connection with the
3.4. The request to get an indemnity payment shall be files to “BIN STRAKHOVANIE” LLC at the following address: 4 Sharikopodshipnikovskaya Street, building 1, Moscow.
4. Insurance Exception:
4.1 Under these Regulations, the fact of establishing the Policy Holder’s liability to indemnify the Beneficiary as follows shall not be considered an insured event:
4.1.1. damage caused by the Policy Holder that is released of liability for the
4.1.2. damage caused by the Policy Holder as a result of
a) the impact of a nuclear explosion, radiation or radioactive contamination;
b) unlawful actions (or inaction) of state authorities, local authorities and their officials, including those resulting from any documents or statutes enacted by these authorities and officials;
c) military actions and manoeuvres or any other military measures;
d) civil war, public unrest of any kind or strikes, an act of terrorism;
e) confiscation, requisition, arrest or destruction of property by order of state authorities;
f) Beneficiaries’ intentional actions aimed at the occurrence of the insured event, including an agreement between the Policy Holder and the Beneficiary.
4.2. In accordance with these Regulations, the Policy Holder shall not indemnify for the following:
4.2.1. expenses incurred by the Beneficiary that are not caused by the requirements for the quality of the tourist product, usually applicable to a tourist product of this kind;
4.2.2. fines, penalties, and percentages for the use of borrowed money and other payments due to the Beneficiary;
4.2.3. loss of profits by the Beneficiary;
The indemnity payment under the Insurance Contract does not deprive the Beneficiary of the right to apply to the Policy Holder and seek a compensation for loss of profits and (or)
4.2.5. damage resulting from spreading of information that constitutes a secret protected by law, or distribution of any other confidential information by the Policy Holder;
4.2.6. expenditure in excess of the amount of the compensation envisaged in the legislation of the Russian Federation;
4.2.7. expenses incurred by the Beneficiary as a result of
4.2.8. expenses associated with the upgrade of the tourism product, specified in the tourism product sales agreement, if such expenses were not approved by the Policy Holder and (or) are not related to any breach of the obligations by the Policy Holder under the tourism product sales agreement;
4.2.9. expenses resulted from loss of documents required for travelling and vacation by the Beneficiary, provided that these documents were not stolen;
4.3. The occurrence shall not be deemed an insured event if the tourism product sales agreement between the Policy Holder and the Beneficiary that is an object of the property claims is deemed invalid in accordance with the Russian legislation.
4.4. The Insurance Contract may include other exceptions that are in line with teh legislation of the Russian Federation.
5. Refusal to make an indemnity payment
5.1. The Insurer is entitled to refuse to make an indemnity payment if the Policy Holder:
5.1.1. has not notified the Insurer (or it’s representative) about an occurrence with characteristics of an insured event and if it is not proved that the Insurer was aware of the insured event in due time, or if
5.1.2. prevented the Insurer or its representatives from establishing the circumstances, characteristics and the amount of the inflicted damage;
5.1.3. had an opportunity to, but did not document and (or) did not provide the documents and information requested by the Insurer required to establish the reasons and the characteristics of the insured event as well as its relation to the consequences or deliberately provided false documents and information.
5.2. The Insurer shall be entitled to deny the indemnity payment in cases envisaged in the legislation of the Russian Federation.
5.3. The denial by the Insurer to make an indemnity payment can be contested by the Policy Holder and (or) the Beneficiary in accordance with the procedure set out in the Russian legislation.
6. Dispute resolution
6.1. Any disputes between the parties related to the Insurance Contract shall be settled by negotiations. In case the negotiations produce no results the disputes shall be settled in a court.
6.2. The actual damage claim for the damage resulting from the