A CONTRACT FOR THE PROVISION OF COMPLEX TOURISM SERVICES
Individual entrepreneur Dmitry Miloserdov A., hereinafter referred to as the Contractor, registered in the Unified state register of individual entrepreneurs under №319502700039944 addresses the present Contract-offer (hereinafter - Agreement) to any person (an indefinite circle of persons) who have expressed a willingness to use the services of a Contractor.
The contract, under clause 2, article 437 of the Civil code of the Russian Federation is a public offer acceptance (acceptance) which is the Commission of acts provided for in the Treaty. 1. Definitions
1.1. the terms of the Agreement regulate the relationship between the Customer and the Contractor and contain the following definitions:
1.1.1. offer— this document (Agreement) posted on the Internet at: www.thewilds.ru.In
accordance with the Agreement, the words offer and Contract are equivalent.
1.1.2. Acceptance— full and unconditional acceptance of the offer by performing the actions specified in clause 3.1 of the Agreement.
1.1.3. the Performer is an individual entrepreneur Dmitry Alexandrovich Miloserdov, who placed the offer.
1.1.4. Customer— a legal entity or individual who has entered into a Contract by acceptance on the terms contained in the offer. 2. The subject of the contract
2.1. In accordance with the Contract the Contractor provides to the Customer a complex of tourist services in the field of domestic and inbound tourism in the Russian Federation and outbound tourism on the territory of former CIS countries (hereinafter - Services), and the Customer agrees to pay the provider's Services in the manner and on the terms stipulated in the Agreement.
2.2. Information about the list, content and consumer properties of tourist services - excursion services for guests on routes in the territory of the Russian Federation - is provided on the website: www.thewilds.ru
., as well as in a more detailed form is sent at the request of the Customer in any way convenient to the Customer.
2.3. In order to fulfill obligations under the Contract description of Service, details of the parties, the cost of Services and other necessary conditions listed in the tourist voucher (further - the Permit), which is formalized in the following way:
- The customer,,, sends the contractor a request to calculate the cost of the service by filling out the application form on the contractor's website: www.тивилды.or by contacting the Performer in any other way available (phone, messengers, social networks);
- after receiving the request to calculate the cost of travel, the Contractor contacts the Customer using any of the communication methods specified in the request and sends the Customer detailed information about the selected Service and the calculation of the cost of the Service by e-mail;
- after confirming the Customer's intention to purchase services, the Contractor sends the Customer a link to make payment for the selected Service;
- after receiving the payment, the Contractor sends the Customer a tourist ticket issued in accordance with the legislation of the Russian Federation, to the email address specified by the Customer.
2.4. Interaction between the Contractor and the Customer is carried out by e-mail correspondence: firstname.lastname@example.org, as well as by telephone conversations or by using messengers to the following phone numbers: +79688975502 // +79856640096. 3. procedure for entering into an agreement
3.1. the Agreement is considered concluded when the Customer pays the cost of the Contractor's Services in accordance with clause 6.4 of the Agreement.
3.2. by accepting the Agreement in accordance with clause 3.1 of the Agreement, the Customer guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Agreement.
3.3. The customer understands that the acceptance of the Contract is equivalent to signing a Contract on the terms set forth in the Contract.
3.4. the offer comes into force from the start date of the tour specified in Annex 1 to the Agreement and is valid for the entire period of service provision specified in Annex 1 to the Agreement.
In cases where a timely sent acceptance is received with a delay, the acceptance is not considered late, unless the Contractor immediately notifies the Customer of the receipt of the acceptance with a delay. If the Contractor immediately notifies the Customer of acceptance of an acceptance received late, the Contract is considered concluded. 4. The rights and obligations of the parties
4.1. The customer agrees:
4.1.1. Provide the Contractor with authentic, reliable and sufficient documents necessary for the provision of Services, and bear responsibility for their untimely transfer to the Contractor.
4.1.2. Timely and in full make payment for the selected Services in accordance with the Contract.
4.1.3. Observe all safety rules during the tour, respect the staff involved in organizing the Service, observe the rules of environmental protection, follow the recommendations of the group leader, take care of the rental equipment provided for use, and comply with the laws of the host country.
4.1.4. the Customer undertakes to compensate the damage caused by their illegal actions to organizations and individuals directly providing services, as well as to other tourists and any third parties in accordance with the procedure established by law.
4.1.5. 3 days before departure, check with the Contractor the current information about the place of collection of the group, the time of collection and departure, and other necessary information.
4.1.6. in case of refusal of the services agreed by the Parties, notify the Contractor at least 30 calendar days before the start of the direct provision of Services.
4.2. the Contractor undertakes to:
4.2.1. Provide services that are safe for the Customer's life, health, property and environment, including the tourist product selected by the Customer.
4.2.2. fulfill their obligations in good Faith.
4.2.3. To provide the Customer with accurate information about the program of stay, location, accommodation, food, transfer, program area and other services related to the Service including, promptly inform the Customer about the place of collection, time of collection and departure, as well as to respond promptly to any questions resulting from the Customer in connection with the provision of Services.
4.2.4. Use all personal data and other confidential information about the Customer only for the provision of services under the Agreement, and do not transfer to third parties the documentation and information about the Customer that is in their possession.
4.2.5. Provide the Customer with an act of acceptance and transfer of services rendered (hereinafter referred to as the Act) within 14 working days from the end of the provision of Services.
4.2.6. Upon written request of the Customer to provide a report on the services rendered.
4.2.7. Provide The services provided for in the Agreement with the help of third parties without the consent of the Customer.
4.2.8. promptly notify the Customer of changes to the terms of Service using any means of communication agreed in advance with the Customer, as well as promptly duplicate the changes made on the Contractor's website: www.thewilds.ru
4.2.9. Accept payment from the Customer for the cost of Services and issue all necessary documents for the provision of Services.
4.3. The customer is entitled:
4.3.1. Require the Contractor to provide information on the organization and ensure proper provision of services.
4.3.2. if it is not possible for the Contractor to perform the full scope of the list of services listed in Annex 1 to the agreement, get:
- replacement of this service with an equivalent one;
- reducing the cost of the Service.
4.3.3. Refuse to perform the Contract on condition that the Contractor pays the actual expenses incurred for the provision of Services.
4.4. The contractor shall be entitled:
4.4.1. Independently determine the composition of specialists providing Services, as well as the content of the recreation program.
4.4.2. independently determine the forms and methods of providing Services, based on the requirements of the legislation, as well as specific terms of the Agreement.
4.4.3. Receive information required for the provision of Services upon written and oral request.
4.4.4. make adjustments to the Service, subject to timely informing the Customer of the changes made, and replacing the components listed in Annex 1 with equivalent ones, depending on weather conditions and other circumstances in which the implementation of the services listed in Annex 1 may endanger the life and health of the Customer (bad weather conditions, animal behavior in the wild, lack of communication with rescue services, etc.). 5. Procedure for receiving and transmitting services rendered
5.1. the Contractor provides the Customer with a Certificate of acceptance and transfer of services rendered on the last day of rendering the Service chosen by the Customer.
5.1.1.in case Of the customer's reasoned refusal to sign the Act within the period specified in clause 5.1. of this Agreement, the Contractor shall send the Act to the Customer within 14 days after the end of the term for providing the Service specified in Annex 1 to the agreement To the email address specified by the Customer, followed by sending the Act to the address (location) of the Customer at the expense of the recipient.
5.2. the Customer must sign the Act provided by the Contractor within 7 calendar days from the date of its submission. In case of a reasoned refusal of the Customer to accept the services rendered and to sign the Act within 7 working days, the Parties must draw up a bilateral act with a list of claims and the possibility of their mutual compensation.
5.3. in case of confirmation of the validity of the Customer's claims, the Contractor is obliged to eliminate the detected violations within 30 calendar days, or compensate the Customer for the cost of services not rendered to the Customer.
5.4. In the absence of a reasoned refusal of the Customer from the signing of the Act within 7 calendar days from the moment of its sending to the Contractor, the Services are considered rendered properly and the Act is signed by both Parties. 6. The cost of services and settlement procedure
6.1. the cost of Services is calculated based on the price List of the Contractor, sent to the Customer in accordance with clause 2.3 of the Agreement to the email address or otherwise, by prior agreement with the Customer and duplicated in Annex 1 to the Agreement and is an integral part of it.
6.2. payment under the Agreement is made in the following order:
- advance payment up to 30 days before the start of the tour in the amount of 50% of the tour price specified in Annex 1 to the Agreement;
- final payment no later than 14 calendar days before the start of the Service specified in Annex 1 to the Agreement.
6.3. The contractor shall be entitled at any time to unilaterally change the cost of Services. These terms and conditions shall enter into force from the moment of their placement, in the manner established for the placement of the offer.
6.4. the Customer is entitled to pay the cost of services under the Agreement in any of the following ways:
- the Customer transfers funds in the currency of the Russian Federation (ruble) to the Contractor's Bank account. In this case the Customer's obligations regarding payment under the Agreement are considered fulfilled from the date of receipt of funds to the Contractor's current account;
- transfer of funds by the Customer using the following electronic payment systems: Visa, MasterCard, MIR;
- transfer of cash by the Customer to the Contractor. 7. Personal data
7.1. to fulfill the terms of the Agreement, the Customer agrees to provide and agrees to the processing of personal data in accordance with Federal law No. 152-FZ of 27.07.2006 "on personal data" on the terms and for the purposes of proper performance of the Agreement. "Personal data" means personal information that the Customer provides about himself / herself in order to make an acceptance.
7.2. the Contractor guarantees confidentiality with respect to the Customer's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons observe the confidentiality of personal data and the security of personal data when processing them. 8. Liability of the parties
8.1. The parties bear responsibility for nonperformance or improper performance of its obligations under the Contract in accordance with the Contract and Russian legislation.
8.2. The penalty under the Agreement is paid only on the basis of a reasonable written request of the Parties.
8.3. payment of the penalty does not release the Parties from performing the obligations stipulated in the Agreement.
8.4. Responsibility Of The Customer:
8.4.1. the Customer is responsible for providing the Contractor with truthful information about themselves and their health status, as well as about physical characteristics that may lead to any deviations from the program provided in the service chosen by the Customer.
8.5. Responsibility Of The Contractor:
8.5.1. The contractor is responsible for inadequate information about Services and Contractor, including for damage of life, health and property of the Customer due to failure to provide him with full and reliable information; for the implementation of the tourist product, which contains shortcomings, including for violation of requirements to quality and security of the tourism product; for violation of terms of Services and other terms of the Contract; for damage to life and health of the Customer and his property due to weaknesses in the tourism product.
8.5.2. The contractor shall be released from liability for nonperformance or improper performance of its obligations if he proves that the failure or improper fulfillment of obligations occurred due to force majeure or as a result of Customer's breach of the established rules of use of the results of the Services.
8.5.3. the Contractor is not responsible for the provision of services under the contract of carriage concluded with the Carrier for the purpose of delivering the Customer to the place where the Service begins (air flight Moscow-Barnaul/Gorno-Altaisk-Moscow). The cost of transportation is included in The cost of services under the Contract. In accordance with the current legislation of the Russian Federation and the terms of the contract of carriage, responsibility for the performance of obligations arising from and related to passenger transportation is the responsibility of the Carrier.
8.5.4. the Contractor is not responsible for non-compliance of the Services with the customer's unreasonable expectations and their subjective assessment.
8.5.5. the Contractor is not responsible for material and moral damage caused to the Customer due to non-compliance with personal security measures by the Customer; in case of damage, loss, theft of personal baggage, valuables and documents of the Customer during the trip, or other damage caused to the Customer by third parties. 9. Grounds and procedure for changing and terminating the agreement
9.1. the Contractor may at any time unilaterally (out of court) make changes to the terms of the Agreement, as well as to the procedure for providing Services. Changes to the terms of the Agreement come into force from the moment of their placement, in the manner established for the placement of the offer.
9.2. Each of the parties to the Agreement has the right to request its modification or termination in connection with significant changes in the circumstances from which the parties proceeded at the conclusion of the Agreement. Significant changes in circumstances include:
- deterioration of the terms of Service;
- changing the terms of Service provision;
- unexpected increase in transport tariffs of Carriers;
- the Customer's inability to use the Services due to circumstances beyond their control (illness, visa refusal, and other circumstances confirmed by relevant documents);
- the Contractor's inability to provide The services stipulated in the Contract due to force majeure.
9.3. the Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for in the Agreement and the law.
9.4. unilateral termination of the Agreement is made only at the written request of the Parties within 7 calendar days from the date of receipt by the Party of such request.
9.5. The customer is entitled to terminate the Contract unilaterally in the following cases:
9.5.1. The refusal of the stay unilaterally. In this case, such a refusal must be made in the form of a written application signed by the person who purchased the Ticket or its authorized representative, and sent by the Customer by email to email@example.comили submitted to the Contractor's office during business days and hours.
The contractor reimburses the Customer for the cost of the paid Trip, minus the actual costs incurred at the time of receipt of the written application from the Customer. Expenses include the Contractor's expenses incurred for the preparation of the tour and for the formation of the content of Services, including booking, current advertising and office expenses (including employee salaries); penalties paid by the Contractor (compensation for losses) issued by organizations that directly provide services; costs incurred when refusing travel documents (train, bus, plane, etc.); expenses related to the payment of contracts for the organization of the tour with third parties; the cost of preparing a holiday program.
9.5.2. Of violation of terms of Services, or untimely delivery of Services by the Contractor under the Contract for more than 7 days.
9.6. the Contractor has the right to terminate the Agreement unilaterally in the following cases:
9.6.1. Violation by the Customer of payment terms or late payment by the Customer for services under the Agreement. 10. Dispute Resolution
10.1. In case of disagreement, the Parties are obliged to take all possible measures to resolve the situation by reaching new agreements.
If it is impossible to resolve disputes, the Parties have the right to resort to the claim procedure for resolving disputes. The dispute may be submitted to the arbitration court of the Mozhaisk district at the address: 12, Yartsevskaya str., building 1, 121351, Moscow.
10.2. After the parties take measures for pre-trial settlement after thirty calendar days from the date of sending the claim.
10.3. Disputes arising out of the Agreement are resolved in court in accordance with the law. 11. Force majeure
11.1. The parties are relieved from responsibility for complete or partial failure to fulfill obligations hereunder if the default resulted from actions of force majeure, namely: fire, flood, earthquake, strike, war, acts of public authorities or other circumstances beyond the Parties ' circumstances.
11.2. A Party that cannot fulfill its obligations under the Agreement must notify the other Party in writing in a timely manner, but no later than 3 calendar days after the occurrence of force majeure, providing supporting documents issued by the competent authorities.
11.3. The parties acknowledge that the insolvency of the Parties is not a force majeure event. 12. Other terms and conditions
12.1. The Contractor notifies the Customer of the following rules required for performance during the entire period of Service provision specified in Annex 1 to the Agreement:
During their stay on the route, tourists are required to comply with generally accepted rules of conduct, not to perform actions that contradict the norms of morality and legislation of the host country, take care of the property provided for the duration of the route, show courtesy and respect for the guides and members of the accompanying group, observe their own safety measures, constantly be part of their group, observe fire safety measures, rules of behavior on water and in other extreme conditions, and protect the environment. In case of injury, illness, or conflict, the tourist must immediately inform the group leader. During your stay on the route, you must not be in a state of alcohol, drug or other intoxication. If the Customer provides deliberately false information about the state of their health and physical fitness, as a result of which the health of the tourist or other group members will deteriorate (for example, due to infectious diseases), then all expenses related to this medical care, both the tourist and other group members will be charged to the Customer's account. In case of illness, injury, etc., the Performer will arrange first aid and medical assistance to the tourist. If necessary, the tourist is taken to a trauma center or hospital. Please note that material compensation for injuries caused by the Performer is not paid, but is carried out in accordance with the tourist's insurance policy.
12.2. the Contractor notifies the customer of the Following: during the agreed route, the Contractor exercises the maximum possible control over the safety of the tourist by informing the emergency services about the location of the group, attracting experienced qualified instructors to accompany the group (during rafting, climbing on a glacier and passing trails of increased complexity) and guides (during their stay on the wild part of the route). In addition, the Contractor helps the Customer with issues related to insurance for the duration of their stay on the route.
12.3. The parties do not have any associated verbal agreements. The content of the Contract text fully corresponds to the actual will of the Parties.
12.4. The parties acknowledge that if any provision of the Agreement becomes invalid during the validity period, due to changes in legislation, the remaining provisions of the Agreement binding on the Parties during the term of the Contract. 13. List of applications
13.1. Appendix #1-the Contractor's price List to the Agreement.
13.2. Appendix #2-Act of delivery and acceptance of services rendered (form). 14. Addresses and details of the parties
14.1. Contractor: place of registration-Moscow region; postal address-ul.Warriors-Internationalists, 21, kv / of. 191, Moscow region, Lyubertsy; tel. - +79688975502; e-mail - firstname.lastname@example.org; TIN-323212926150; OGRNIP-319502700039944; p/s-b 40802810702140002080 JSC Alfa-Bank C / s 30101810200000000593; BIC 044525593.