TIN: 7703437830 | Notification of Rospotrebnadzor No. 77.01.02.000.В.036195.06.20 | No. 31787 in the Register "Tourist Assistance" |No. MT100308 in the Register of State Registration and Registration Service|No. 7703437830 in the register "Turprom"
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Contract-offer with tourists
CONTRACT-OFFER
for the provision of services for booking and paying for tour No. 1
(in accordance with the order of the Ministry of Economic Development of the Russian Federation of March 19, 2019 N 135 dated 07.10.2019)
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In accordance with Art. 434 of the Civil Code of the Russian Federation, this document is a public offer, has legal force and is equivalent to an agreement signed by the parties.
IMPERIA Limited Liability Company (hereinafter - Travel Agency), acting on the basis of Alexander Pavlov, General Director of the Charter, expresses its intention to conclude an agreement for the provision of services for booking and paying for the Tourist Product (hereinafter referred to as the Tour), as well as receipt and transfer of travel documents (voucher, air ticket, insurance) v in the interests of the Customer (a capable adult natural or legal person who has accepted this offer), on the conditions specified below. The travel agency sells the tourist product on the basis of an agreement with the Tour Operator or on the basis of a subagency agreement with an agent authorized by the Tour Operator. Wherever the text of the contract indicates the Customer, it also means third parties in whose interests the Customer acts, persons accompanying him (accompanied by him), including minors (hereinafter referred to as tourists or trip participants); Payment for the Tour by the Customer is Acceptance of this offer, that is, full and unconditional acceptance of all its conditions. Prior to acceptance by the Customer, The travel agency may withdraw the offer at any time.
1. THE SUBJECT OF THE AGREEMENT
1.1. In accordance with the Agreement, the Travel Agency undertakes to provide services for booking and paying for a range of services included in the tourist product (hereinafter referred to as the Tour) to the Tour Operator at the expense of the Customer whose consumer properties are specified by the Customer in the Booking Application submitted by him to the Agency. and also to perform other actions stipulated by the contract, and the Customer undertakes to pay for the Tourist Product.
Wherever the text of the Agreement indicates "Booking Request", it also means "Tour Order" / "Order Form"
1.2. A tourist product (hereinafter referred to as the Tour) that meets the characteristics specified by the Customer in the Booking Application is formed by the Tour Operator, details of which are specified in Appendix No. 2 to this Agreement. The tour operator is the person (executor) that provides the Customer with the services included in the tourist product / Tour, and is responsible to the Customer for the failure to provide or improper provision of the services included in the tourist product / Tour to the Customer, regardless of who should have provided or provided these services.
1.3. The complex of tourist services that make up the tourist product may include:
- accommodation services;
– transportation services, transfer;
– excursion services;
– medical insurance, insurance of expenses incurred as a result of canceling a trip abroad or changing the length of stay abroad;
– assistance in obtaining an entry visa;
– other services specified by the Customer in the Booking Application submitted to the Agency.
The ordered services included in the Tour are indicated by the Tour Operator in the documents issued to the Customer for the Tour. to the agreement).
1.4. The Travel Agency provides the Customer by e-mail with a booking confirmation or other similar document issued by the Tour Operator and confirming the Tour Operator's obligations to provide the Customer with the services specified by the Customer in the Booking Request.
1.5. The travel agency provides the Customer with reliable information about the availability/absence of free seats on the flight; about the availability/absence of vacant rooms in the hotel and (or) other facility/place of accommodation; on the correctness and relevance of the cost of the Tour as of the date the Customer deposited funds to pay for it (purchased from the Tour Operator for the Customer); on the calculation of the cost of the Tour.
1.6. Any Tourist Product/Tour requires prior booking and confirmation of the availability of such product with the Tour Operator on the date the Customer submits the Booking Request to the Travel Agency.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The agency undertakes:
2.1.1. To provide the Customer with booking and payment services, at the expense of the funds provided to the Agency by the Customer, of the Tourist Product / Tour, corresponding to the characteristics specified by the Customer in the Booking Application submitted to the Travel Agency.
2.1.2. Provide the Customer with information:
— availability/absence of free seats on the flight;
— availability/absence of vacant rooms in the hotel and (or) other facility/place of accommodation;
– on the correctness and relevance of the cost of the Tour as of the date the Customer deposited funds to pay for it (purchased from the Tour Operator for the Customer);
- about the calculation of the cost of the Tour.
The specified information is provided to the Customer by demonstrating it in a visual form when selecting and booking a tourist product by the Customer on the Internet on the website of the Travel Agency, at the request of the tourist by e-mail/message, as well as orally by phone. The customer is obliged to familiarize himself with the information provided before booking and paying under the contract. By agreeing to the terms of this Offer Agreement, as well as making a reservation and (or) payment under the agreement, the Customer confirms the receipt of the necessary and reliable information from the Agency.
2.2. The travel agency has the right:
2.2.1. Unilaterally, without acceptance, out of court, refuse to execute this Agreement in case of violation by the Customer of the procedure and terms of the full provision of funds to the Travel Agency for payment by the Travel Agency of the cost of the Tour to the Tour Operator, as well as in cases of failure to provide or untimely provision of information and documents by the Customer, necessary for the performance of the contract or violation by the Customer of other obligations established by this contract. In these cases, because the impossibility of performance arose due to the fault (as a result of action and / or inaction) of the Customer, the consequences provided for in Part 2 of Article 781 of the Civil Code of the Russian Federation arise.
2.2.2. If necessary (in case of receiving a relevant notice from the Tour Operator), after notifying the Customer, change the terms of the Agreement, in particular:
– reschedule the dates of the Tour;
— replace the hotel with a hotel of a similar or higher category with a similar level of service and / or a similar cost of accommodation;
– change the schedule and route of the excursion program;
— make other justified changes to the Tour program.
2.3. The customer undertakes:
2.3.1. Before booking and paying under the contract, obtain information in the amount provided for in clause 2.1.2. of the agreement, including independently familiarize yourself with information about the tourist product, about the requirements for documents and the deadlines for their submission, about the procedure for processing documents and other information posted on the official website of the Travel Agency and / or the Tour Operator, if necessary, independently obtain information of interest to the Customer from employees Travel agencies orally or by means of electronic communication.
2.3.2. Within the period established by the Travel Agency, provide funds to pay for the cost of the Tour.
2.3.3. Provide the Travel Agency with accurate information about your address, telephone and e-mail address necessary for the Travel Agency for prompt communication with the Customer.
2.3.4. Immediately bring to the attention of the Travel Agency in writing (by means of electronic communication) information about the circumstances that impede the possibility of making a trip / Tour, which, including, but not limited to, include:
— various diseases of the Customer and related medical contraindications (including in relation to different types of transportation, changing climatic conditions, peculiarities of national cuisine, the use of medicines, etc.);
- past conflict situations with government agencies, including a ban on entry into a certain state or group of countries;
- restrictions on the right to leave the Russian Federation, imposed on the initiative of the Federal Bailiffs Service, the court or other competent authorities;
— foreign citizenship of the Customer and (or) the Tour participant, the established visa regime between the country of departure and the country of which the Customer and (or) the Tour participant is a citizen, if he is not a Russian citizen;
- the need for the Customer and (or) the Tour participant to obtain special permits or approvals from third parties or competent authorities, including: obtaining an entry / exit visa, consent for the child to travel abroad, obtaining a child's own passport, permission to export weapons, permission to export of an animal, permits for the export of art treasures and other permits and approvals.
The information specified in this paragraph is provided by the Customer by filling out the data entry form when booking the tour and (or) using e-mail. The obligation to check the travel documents of the Customer (tourists), including for the presence of the necessary permit marks, as well as the obligation to verify the presence or absence of unfulfilled obligations on the territory of the Russian Federation (including obligations to comply with court decisions, pay fines and alimony) ) is assigned to the Customer. If it is impossible to fulfill the contract due to the indicated circumstances, the contract is recognized as unfulfilled due to the fault of the Customer, in connection with which, the consequences for the Customer arise, provided for in Part 2 of Article 781 of the Civil Code of the Russian Federation.
2.3.5. In a timely manner (at least one working day before the date of departure), check with the Travel Agency the time and place of receipt of documents for the trip/trip/Tour, the time and place of departure, the timing of the trip/Tour, the flight schedule, the place and time of the group gathering, etc. significant dates and times.
2.3.6. Prior to the start of the trip/Tour, obtain the documents necessary for the implementation of the trip/Tour. Documents are transmitted at the discretion of the Travel Agency by e-mail (or other means of electronic communication), or at the airport / train station, other place where the trip began with a representative of the Tour Operator._cc781905-5cde- 3194-bb3b-136bad5cf58d_ Documents are considered transferred to the Customer from the moment the information and / or documents are sent by e-mail to the e-mail address of the Customer provided by him when booking). The customer is obliged to inspect/read the specified/received documents and notify the Agency without delay/immediately about the deficiencies/inaccuracies/errors found in the documents. In case of receipt of documents for the Tour by e-mail / e-mail, the Customer is obliged to read them without delay / immediately and inform the Agency (by e-mail) about the shortcomings / inaccuracies / errors found in the documents, in the absence of such a message from the Customer, the documents are considered prepared without deficiencies , inaccuracies and / or errors, which further deprives the Customer of the right to make any claims and / or requirements related to and / or based on shortcomings / inaccuracies / errors in the documents for the Tour to the Agency.
The Customer agrees to receive the documents required to complete the trip/trip/Tour less than 24 hours before the start of the trip/trip/Tour. The travel agency is not responsible for the operation of communication channels, in this regard, the obligation to clarify the timing of receipt of documents and other significant circumstances of the Tour is assigned to the Customer.
2.3.7. Arrive at the airport (train station) in time to the meeting point established by the Travel Agency or the Tour Operator. Failure to appear (late) for departure for any reason is equated to the Customer's refusal to make a trip / Tour. Changing the dates of the trip/Tour at the initiative of the Customer is possible only upon prior written agreement with the Agency, in the absence of which the Customer will not be provided with accommodation in a hotel and (or) other facility/place of accommodation upon the Customer’s independent arrival at the hotel and (or) other facility/place placement earlier or later than the deadline.
2.3.8. Comply with the rules for the passage / transportation of passengers, hand luggage and baggage established by carriers in travel documents, as well as transport charters, codes and relevant by-laws.
2.3.9. Observe the rules for leaving Russia and entering Russia, the rules for entering the country (place) of temporary residence, leaving the country (place) of temporary residence and the rules for staying there, as well as comply with these rules in the countries of transit.
2.3.10. Comply with the legislation of the country (place) of temporary residence, respect its social structure, customs, traditions, religious beliefs.
2.3.11. Observe the rules of personal safety while traveling.
2.3.12. Treat the property of third parties with due care and discretion, comply with the rules established by third parties for the use of such property, and not cause harm to the property of third parties.
2.3.13. Immediately inform the Agency, as well as representatives of the Tour Operator and the host country about the non-provision or improper provision of services included in the tourist product by third parties.
2.3.14. Independently familiarize the participants of the trip/trip/Tour specified in the contract and/or the Application for booking with the content of the contract and with all the information provided by the Travel Agency to the Customer in the event that the Customer has concluded this contract not only on its own behalf, but also on behalf of or in in the interests of other persons specified in the agreement, the Customer guarantees that he has the authority to carry out the transaction in the interests of others. The customer and tourists/participants of the trip/trip/Tour are obliged to comply with the conditions stipulated by the terms of the contract. Customer is responsible for the compliance by tourists/participants of the trip/trip/Tour with the obligations stipulated by the terms of this Agreement.
2.3.15. Ensure appropriate protection of confidential data relevant to the execution of this agreement, do not disclose to third parties the code word and / or login and / or password and / or other code / identifier, do not disclose the logins, passwords, email addresses used during booking and other information, take measures to protect the communication channels used when booking from unauthorized access by third parties.
2.3.16. In case of early termination of the Agreement by the Customer, or unilateral refusal of a part of the ordered tourist services or changes in the ordered services, compensate the Travel Agency for all actual expenses incurred in connection with the performance of obligations under this Agreement, including penalties, paid by the Travel Agency to third parties (tour operator, carrier, hotel, etc.).
2.4. The customer has the right:
2.4.1. Obtain information at the conclusion of the Agreement, in accordance with clause 2.1.2. of this Agreement.
2.4.2. Refuse to execute this Agreement subject to payment to the Travel Agency of the expenses actually incurred by it related to the fulfillment of obligations under this Agreement.
2.4.3. Demand damages and compensation for non-pecuniary damage, in the manner prescribed by the legislation of the Russian Federation, in case of non-fulfillment of the terms of this Agreement.
2.4.4. In the event that the Tour Operator fails to fulfill its obligations to provide the Customer with the services that are part of the Tourist Product/Tour, or if there are significant shortcomings in the tourist product, including significant violations of quality and safety requirements, the Customer has the right to apply with a written claim for payment of insurance compensation under the insurance contract responsibility of the Tour Operator or on the payment of a sum of money under a bank guarantee directly to the organization that provided the Tour Operator with financial security or a bank guarantee, details of which are specified in Appendix No. 2 to this Agreement.
3. PROCEDURE FOR THE PROVISION OF SERVICES. TERMS OF PAYMENT.
3.1. Before booking, the Customer selects a tourist product on the website of the Travel Agency and receives the necessary and reliable information about tourist products / Tours. The information is presented to the Customer in a visual form on the website of the Travel Agency in the relevant sections, and if necessary, the Customer can be clarified by him with the employees of the Travel Agency orally and / or by means of electronic communication.
3.2. After the Customer receives the necessary, reliable and sufficient information and selects a tourist product/Tour, the Customer fills out a special form/questionnaire (booking request) on the Travel Agency's website on the Internet. Upon receipt of the Booking Request, the Travel Agency sends the Customer a link to the Customer's Order Status Sheet using an electronic communication form.
3.3. The Customer's booking request contain the following correct information:
- Surnames and names of tourists (in Russian and (or) other transcription, which are given in the passport), their gender, date of birth, citizenship, passport number;
– dates and itinerary of the trip/Tour;
— the name and category of the accommodation facility (hotel, camping, etc.), the number of rooms booked, indicating the categories of rooms, types of accommodation and length of stay;
- type of food;
– the need to include / book in the tourist product / Tour services for the transportation of the Customer / tourists, indicating the class of service on board the vehicle;
— link to the price offer number;
– the need to include / book additional services in the tourist product / Tour (excursion program, individual transfers, VIP lounges on arrival / departure, “Marhaba” service on arrival / departure, etc.), including insurance services tourists;
— other conditions and information related to the tourist product/Tour to be booked.
The Customer is obliged to provide the Travel Agency with the specified information for the proper booking of the tourist product / Tour.
3.4. The Order Status Sheet page contains the Customer's Booking Request and information about its status. An application for booking a tourist product is an annex to this Agreement and its integral part.
3.5. After creation and payment, the Booking request receives the status "in processing". The cost of the tourist product/Tour specified in the Booking Application with the status "in processing" or "booking" is subject to clarification with the Tour Operator and (or) service providers and can be changed in accordance with Part 2 of Article 424 of the Civil Code of the Russian Federation.
3.6. The amount specified in the application is blocked on the Customer's bank card. After ordering the tour, within a few days, the Tour Operator confirms to the Agency the possibility of providing travel services that correspond to the characteristics of the Customer's Booking Application. The Agency, or its paying agent, initiates the debiting of funds previously blocked on the bank card. By the fact of payment / partial payment, the Customer confirms that he has received the relevant information and agrees with the final cost of the Tour.
3.7. In the absence of a tourist product / Tour that meets the parameters specified in the Customer's Booking Application, the Agency has the right to offer the Customer an alternative tourist product / Tour or refuse to execute the Agreement and unblock the funds on the Customer's bank card.
3.8. After the full payment by the Customer of the cost of the Tour and confirmation by the Agency of the possibility of providing a tourist product / Tour, the Customer's Application receives the statuses "confirmed" and "paid".
3.9. The Tour Operator's obligation to provide the Customer with a tourist product / Tour booked under this Agreement does not arise until the Customer fully pays the cost of the Tour. Until the full payment by the Customer of the cost of the Tour, the Travel Agency has the right to refuse to execute this Agreement at any time. By paying under the contract (full or partial), the Customer confirms the fact of receipt of the necessary and reliable information, the fact of familiarization with the text of the Booking Application, the fact of receipt of information about the place and time of receipt of the documents necessary for the consumption of services included in the tourist product / Tour.
3.10. All types of payments under this Agreement are made in rubles.
3.11. Settlements between the Travel Agency and the Customer are made using payment cards. The Travel Agency has the right to require the Customer to pay by the method specified by the Agency. The travel agency is not responsible for errors made by the Customer when paying, for the actions of banks and other organizations. The date of payment is the date of receipt of the payment to the settlement account of the Agency.
The obligation to pay under the Agreement may be fulfilled by the Customer personally, or by imposing the obligation to pay on a third party (including in accordance with Article 313 of the Civil Code of the Russian Federation). Payment under the Contract by a third party confirms the assignment by the Customer to the third party of the corresponding obligation to pay and the consent of the Customer and the third party with such payment. The Customer and the third party are not entitled to refer to the third party's lack of intention and (or) authority to make payment under the Contract.
3.12. In the event of an unexpected increase in transport tariffs and (or) fuel surcharges, and / or with the introduction of new and (or) an increase in existing taxes and fees, and (or) with an increase in foreign exchange rates against the ruble of the Russian Federation, a shortage of the minimum number of Tour participants ( for a group and (or) sightseeing Tour), including when the specified circumstances occur after the Customer fully provides the Travel Agency with funds to pay the Tour Operator for the cost of the Tour, the Travel Agency recalculates the cost of the Tourist Product / Tour with an additional payment at the expense of the Customer of the difference in price. The Customer, who did not agree with the change in the price of the Tour, has the right to refuse to execute the Agreement, subject to payment to the Travel Agency of the actually incurred costs for the execution of this Agreement.
3.13. The travel agency has the right to cancel a booking if:
– failure to provide the Customer with the documents necessary for registration of the Tour;
– lack or delay in providing funds to pay the cost of the Tour to the Tour Operator;
— lack of information confirming the intention of the Customer to make the Tour.
Documents for the Tour are executed by the Tour Operator only in case of full and timely (in good faith) making by the Customer of all payments stipulated by this Agreement.
3.14. Detailed description of payment methods and used payment systems on the page"PAYMENT"
4. CANCELLATION OF TOURS ON THE INITIATIVE AND / OR FAULT OF THE CUSTOMER.
4.1. Cancellation (refusal) of the booked and confirmed Tours and / or termination of the Agreement on the initiative and (or) fault of the Customer entails the Customer's obligation to compensate for the expenses actually incurred by the Travel Agency in the amount depending on the specification of the Tour (Booking Application) and the term for canceling the Tour .
The expenses actually incurred by the Agency, subject to compensation (reimbursement) by the Customer, include, among other things, paid penalties that the Agency paid to the Tour Operator or that were withheld by the Tour Operator from the amounts returned by it to the Travel Agency in connection with the cancellation of the Tour and / or termination of the Agreement on the initiative and (or) the fault of the Customer.
4.2. In case of refusal (cancellation) of previously booked and confirmed Tours and / or termination of the Agreement on the initiative and / or fault of the Customer, especially if the Tour terms include in full or in part the periods: from April 28 to May 04 , from October 30 to November 10, from December 25 to January 10, as well as during other periods of the "high season" caused by other holidays in Russia and (or) in the country of temporary residence in which the Tour is booked, the Customer is obliged compensate (reimburse) the Agency for actually incurred expenses, including the costs of payment by the Agency to the Tour Operator of penalties, which may be 100% of the cost of the Tour, regardless of the period of its cancellation and (or) termination of the Agreement.
4.3. Cancellation by the Customer of an Application for booking a Tour, which includes only transportation services (air, railway and other types of tickets) and / or insurance services, is carried out in accordance with the cancellation conditions of the Carrier and / or the Insurer.
4.4. Refunds to the Tourist in the cases stipulated by the contract, minus the actual expenses incurred by the Travel Agency (including possible fines of the Tour Operator, etc.), are made to the Tourist's bank account within 30 working days (depending on the bank that issued the card to the Tourist).
5. TERM OF THE CONTRACT.
5.1. This Agreement comes into force from the moment of acceptance of the offer and is valid until the Customer receives the documents for the Tour.
6. AMENDMENT AND TERMINATION OF THE AGREEMENT.
6.1. This Agreement may be amended or terminated by agreement of the Parties or on other grounds provided for by the current legislation of the Russian Federation or this Agreement.
6.2. Each of the Parties has the right to demand a change or termination of this Agreement in connection with a significant change in the circumstances from which the Parties proceeded when concluding the Agreement. Significant changes in circumstances include:
– deterioration of travel/Tour conditions;
– change of the terms of the trip/Tour;
— unforeseen growth of transport tariffs;
– the impossibility of the Customer making a trip due to circumstances beyond his control (illness of the Customer, refusal to issue a visa and other circumstances).
6.3. Each of the Parties has the right to demand in court a change or termination of the Agreement in the event of circumstances indicating the occurrence in the country (place) of temporary residence of the Customer of a threat to the safety of his life and health, as well as the danger of causing harm to his property.
The presence of circumstances indicating the occurrence in the country (place) of temporary stay of the Customer of a threat to the safety of his life and health, as well as the danger of causing harm to his property, is confirmed by the relevant decisions of the federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities adopted in in accordance with federal laws.
If this Agreement is terminated before the start of the Tour due to the occurrence of circumstances that indicate a threat to the safety of his life and health in the country (place) of temporary stay of the Customer, as well as the danger of causing damage to property, the Tour Operator shall return to the Customer an amount equal to the price of the Tourist Product / Tour , and after the start of the trip - its part in the amount proportional to the cost of services not provided to the Customer.
6.4. In the event of a change or termination of the Agreement and (or) the Customer’s refusal to execute the Agreement and (or) the Customer’s refusal from the confirmed Tourist Product / Tour and (or) cancellation of the order by the Customer, and (or) if it is impossible to execute the contract due to circumstances for which none of of the parties is not responsible, the Customer is obliged to reimburse the Travel Agency for the costs incurred by the Travel Agency during the execution and in connection with the execution and / or termination of this Agreement. The expenses of the Travel Agency, in this case, are understood to be the expenses actually incurred by the Agency aimed at the execution of this Agreement, including the funds transferred by the Agency to the Tour Operator and other persons until the receipt from the Customer of a notice of amendment or termination of the Agreement and (or) the Customer's refusal from execution of the Agreement and (or) refusal of the Customer from the confirmed Tourist Product/Tour, as well as the costs of the Travel Agency associated with the payment the expenses of the Travel Agency related to the execution and / or termination of this Agreement.
6.5. Late or incomplete payment and (or) late or incomplete provision by the Customer of funds under this Agreement, failure to provide the documents and / or information required by the Travel Agency and / or information required for the execution of this Agreement, are considered by the Parties as the impossibility of executing the agreement due to the fault of the Customer with the application of the consequences provided for in Part 1 of this Agreement. 2 article 781 of the Civil Code of the Russian Federation.
6.6. The travel agency has the right to withhold the amount of expenses due to it, incurred by it during the execution and in connection with the execution and / or termination of this Agreement, from the funds provided by the Customer in pursuance of this Agreement.
6.7. The travel agency has the right to unilaterally change the terms of this agreement. Changes take effect from the moment they are posted on the website.
The Parties, in order to properly fulfill this clause of the Agreement, recognize scanned documents (scanned copies of documents) and / or electronic correspondence.
The consent of the Customer with the changes proposed by the Travel Agency, obtained using the electronic form of communication, is equated to the execution by the Parties of a new Booking Application or making changes on paper. The performance by the Customer of actions for the execution of the Agreement means the consent of the Customer with the changed terms of the Agreement and with the changes proposed by the Agency. The Agency has the right to demand that the Contract be amended on paper.
7. RESPONSIBILITY OF THE AGENCY, TOUR OPERATOR AND CUSTOMER. PROCEDURE FOR SUBMISSION OF CLAIMS.
7.1. The Tour Operator shall be liable to the Customer for non-fulfillment or improper fulfillment of obligations under the Agreement (including responsibility for failure to provide or improper provision of services included in the tourist product/Tour, regardless of who should have provided or provided these services).
7.2. If there are any comments regarding the quality of services included in the Tourist Product/Tour, the actions of third parties directly providing services to the Customer, the Travel Agency recommends that the Customer immediately contact the Tour Operator and representatives of the host country/company on the ground, by phone numbers indicated in the voucher and ( or) program of stay, and (or) memo.
7.3. If the problem situation that has arisen is not resolved on the spot, claims to the quality of the Tourist product / Tour are presented by the Customer to the Tour Operator in writing within 10 days from the end of the Tour and are subject to consideration within 10 days from the date of receipt of the claim.
7.4. Information on the procedure and terms for the Customer to submit claims to the organization that provided the Tour Operator with financial security, information on the grounds for making payments under the Tour Operator's liability insurance contract and (or) under a bank guarantee, is contained in the annex to this Agreement. The Customer owns information about the association of tour operators in the field of outbound tourism (Association "TURPOMOSCH").
7.5. This agreement establishes a mandatory pre-trial procedure for settling disputes. In case of disagreement under the Agreement between the Customer and the Travel Agency, the dispute is resolved in a pretentious manner by sending claims and responses to claims.
7.6. If the dispute is not settled in a pretentious manner and / or as a result of negotiations, the dispute is resolved in court at the location of the Travel Agency (contractual jurisdiction).
7.7. The Tour Operator and (or) the Agency shall not be liable to the Customer for losses incurred and other negative consequences arising from:
- due to the unreliability, insufficiency and (or) untimely provision by the Customer of the information and documents necessary for the execution of the Agreement;
— as a result, if the Customer is unable to use the Tourist Product/Tour or individual services due to the actions of Russian and (or) foreign customs services, Russian and (or) foreign border control, Russian and (or) foreign immigration services, or actions of other official bodies and (or) the authorities of Russia and (or) foreign countries;
– due to any actions/inaction of embassies, consulates related to the refusal to issue a visa, delay in issuing a visa, other actions;
— due to the absence of the necessary documents from the Customer (foreign passports, permits, approvals, visas);
- due to the cancellation or change in the departure time of flights and (or) trains;
- as a result, if the Customer is unable to travel due to the presence in the territory of the Russian Federation of unfulfilled obligations, including obligations to pay alimony, fines, unfulfilled court decisions;
- due to the restriction of the Customer's right to leave the Russian Federation by the competent authorities;
- due to loss, loss, theft of personal luggage, valuables and (or) documents of the Customer during the trip;
– in the event that, due to the lack of proper documents or violation of the rules of conduct in public places, by decision of the authorities or responsible persons, the Customer is denied the opportunity to leave the country or enter the country, or the opportunity to fly on an air ticket or stay in a booked hotel / hotel / other place (means) of accommodation;
— in case the Customer is late for check-in of a flight or to the place of departure of another vehicle that provides services that are part of the Tourist Product/Tour (transfer, excursion, cruise).
7.8. For losses caused to the Customer due to the cancellation or change in the departure time of flights, trains, ships, and other vehicles, the carrier is liable in accordance with Russian and international transport rules. The contract for air or rail carriage of a passenger - air ticket, railway ticket, other transportation document issued in the name of the Customer - is an independent contract between the Customer (passenger) and the carrier. For the quality of services provided by the carrier, the Customer has the right to make claims directly to the carrier.
7.9. If the actions and / or inaction of the Customer caused losses to the Agency and / or third parties, and / or caused losses, the Customer shall be charged losses in the amount and in the manner prescribed by the current legislation of the Russian Federation.
7.10. The customer is responsible for the availability of the documents necessary for the trip (including a valid foreign and general passport with a sufficient validity period), permit marks in the documents, the presence of the necessary visas for entry and the absence of outstanding visas that prevent entry to the country or countries, the absence of unfulfilled obligations on the territory of the Russian Federation.
The customer is obliged to have and ensure that other participants of the trip / tourists have at the time of the start of the trip the relevant documents that allow them to freely cross the border of the Russian Federation and enter the country of temporary residence.
The Customer is responsible for ensuring adequate protection against unauthorized use by third parties of confidential data relevant to the execution of this Agreement, which include, among other things: code word, logins used during booking, passwords, e-mail addresses. Any actions using the specified data are recognized as the actions of the Customer himself.
7.11. The travel agency is responsible to the Customer:
– only in cases of untimely booking with the Tour Operator and (or) payment to the Tour Operator, at the expense of funds provided to the Agency by the Customer, the cost of the Tourist Product/Tour corresponding to the characteristics specified by the Customer in the Booking Application submitted to the Agency, which led to the impossibility of making a trip/Tour by the Customer ;
- only in cases of non-submission and (or) untimely submission, and (or) submission to the Customer of incorrect (erroneous) information specified in sub-clause 2.1.2., clause 2.1. section 2 "RIGHTS AND OBLIGATIONS OF THE PARTIES" of this Agreement, which led to the impossibility of making a trip / Tour by the Customer.
8. FORCE MAJEURE.
8.1. The Agency is released from liability for partial or complete failure to fulfill obligations under this Agreement if such failure occurred as a result of force majeure circumstances, including earthquakes, floods, tsunamis, fires, typhoons, snow drifts, military operations, mass diseases, strikes, transportation restrictions , the prohibition of trade operations with certain countries, terrorist acts and other circumstances beyond the control of the Agency. In the event of force majeure circumstances, each of the Parties has the right to refuse to perform the Agreement with the application of the consequences provided for in clause 6.4. actual agreement.
9. OTHER CONDITIONS OF THE AGREEMENT.
9.1. This agreement comes into force from the moment of the funds transferred by the Customer and / or a third party authorized by him to the Travel Agency to the settlement account.
9.2. Before concluding the Contract, the Customer confirms and warrants that, before preparing and submitting the Booking Request to the Agency, he was fully and properly provided and/or aware of the following information:
- about the mode of operation, about the company name (full and abbreviated), about the location and powers of the Agency;
- about the Tour Operator (on entering information about the Tour Operator that formed the tourist product/Tour into the Unified Federal Register of Tour Operators (full and abbreviated names, address (location), postal address and registry number of the Tour Operator); on the availability of a valid contract of liability insurance of the Tour Operator, or bank guarantee (on the amount of financial security, number, date and period of validity of the Tour Operator's liability insurance contract or bank guarantee, name, address (location) and postal address of the organization that provided the financial security);
- that the person providing the Customer with tourist services is the Tour Operator, about the possibility of the Customer to apply with a written request for the payment of insurance compensation under the Tour Operator's liability insurance contract or for the payment of a sum of money under a bank guarantee directly to the organization that provided the Tour Operator with the Tour Operator's liability insurance contract or bank guarantee;
- on the procedure and terms for the Customer to present claims against the Tour Operator;
- on the procedure and terms for the Customer to submit claims for the payment of insurance compensation under the Tour Operator's liability insurance contract or claims for the payment of a sum of money under a bank guarantee, as well as information on the grounds for making such payments under the Tour Operator's liability insurance contract and a bank guarantee;
– about consumer properties (quality) of the Tourist product/Tour – the program of stay, route and travel conditions, including information about accommodation facilities, accommodation conditions (location of the accommodation facility, its category) and meals, transportation services of the Customer in the country (location) temporary stay, availability of a guide (guide), guide-interpreter and instructor-guide, as well as additional services;
— about the total price of the Tourist Product/Tour in rubles, about the rules and conditions for the efficient and safe use of the Tourist Product/Tour;
- about a specific third party that will provide individual services included in the Tourist Product / Tour, if it matters, based on the nature of the Tourist Product / Tour;
- that the Agency is not responsible for possible inaccuracies in hotel and other advertising brochures that are made without its participation;
— on the rules of entry into the country (place) of temporary residence and departure from the country (place) of temporary residence, including information on the need for a visa to enter the country and (or) leave the country of temporary residence;
— on the basic documents required for entry into the country (place) of temporary residence and exit from the country (place) of temporary residence;
- about the customs of the local population, about religious rites, shrines, monuments of nature, history, culture and other objects of tourist display that are under special protection, the state of the natural environment (to the extent necessary for making a trip);
- on the procedure for access to tourist resources, taking into account the restrictive measures adopted in the country (place) of temporary stay (to the extent necessary for making a trip);
— about the dangers that the Customer may encounter when traveling, about the need to undergo prophylaxis in accordance with international medical requirements, if the consumer intends to travel to a country (place) of temporary residence, where he may be at increased risk of infectious diseases;
— about the possible risks and their consequences for the life and health of the Customer in the event that the consumer intends to make a trip associated with the passage of routes that pose an increased danger to his life and health (mountainous and difficult terrain, speleological and water objects, extreme types of tourism and sports and others);
- on customs, border, medical, sanitary-epidemiological and other rules (to the extent necessary for the trip);
— about the location, postal addresses and contact phone numbers of the state authorities of the Russian Federation, diplomatic missions and consular offices of the Russian Federation located in the country (place) of temporary stay, to which the Customer can apply in the event of an emergency in the country (place) of temporary stay situations or other circumstances that threaten the safety of his life and health, as well as in cases of danger of causing harm to the property of the consumer;
- about the address (place of stay) and contact phone number in the country (place) of temporary stay of the head of the group of underage citizens if the Tourist product / Tour includes an organized departure of a group of underage citizens without parents, adoptive parents, guardians or trustees;
- about the national and religious characteristics of the country (place) of temporary residence;
- about the rules of stay and about the security conditions in the country of temporary residence, the main features of the host country;
- on the requirements of the embassy (consulate) for issuing a visa and the validity of foreign passports;
- on the schedule of flights and trains of carriers, the time and place of the group's gathering, the procedure and terms for issuing visas by consulates of foreign states;
- on the terms of the contract of carriage, on the conditions for the return and exchange of tickets, that a ticket for a charter flight is not subject to exchange and return, and its cost is not refundable;
- on the conditionality of the classification of accommodation facilities and the features of accommodation facilities in the country of temporary residence;
- about the check-in time at the hotel and check-out from the hotel;
- on the requirements imposed by the authorized bodies on entry and exit documents, including the need for a child at any age to have his own foreign passport;
— on the need to purchase medical insurance and on the conditions / rules of insurance;
- on the terms of the insurance contract, on what events are and are not insured events, on the territory of the insurance contract;
- on the conditions of accommodation and meals in the accommodation facility, on the procedure for providing excursions;
- about the rules of conduct during a tourist trip;
- about possible difficulties associated with ignorance of the language of communication of the host country;
- on the state of the natural environment in the place of rest and on the specifics of weather conditions;
- about the sanitary and epidemiological situation at the venue of the Tour;
- about the dangers that you may encounter when traveling,
in this connection, there is no need to additionally inform the Customer.
Before signing this Agreement, the Customer agrees to receive documents for the Tour at a later date than twenty-four hours before the start of the trip.
The customer also confirms that before signing this Agreement, he was fully provided with information in accordance with Article 14 of the Federal Law "On the basics of tourism activities in the Russian Federation", Art. 9, 10 of the Law of the Russian Federation "On Protection of Consumer Rights", which is completely clear and understandable to the Customer.
The Customer is warned and agrees that in exceptional cases it is possible for the Tour Operator to replace the services included in the tourist product (including the replacement of the accommodation facility, carrier, aircraft type) with similar services without charging any additional payment from the Customer.
9.3. The Travel Agency strongly recommends that the Customer insure expenses that may arise as a result of an unexpected cancellation of a trip/Tour abroad or a change in the length of stay abroad ("non-departure insurance").
This type of insurance will significantly reduce the degree of negative consequences if it is impossible for the Customer to make a trip for reasons beyond his control (illness (during hospitalization), refusal to issue a visa and other circumstances recognized as insured events).
9.4. The travel agency has the right to record telephone conversations with the Customer.
9.5. Турагентство вправе направлять Заказчику сообщения рекламно-информационного характера посредством e-mail и sms-рассылок с информацией о скидках, акциях, изменении стоимости туров и т .P. The frequency of mailings is determined by the Travel Agency independently, unilaterally.
9.6. Customer agrees to check information about him in the federal database of unreliable clients, as well as to transfer information about him to this database in case of violation of the terms of this agreement.
9.7. The customer undertakes:
- in case of violation of the terms of this agreement,
- in case of incorrect or disrespectful (including "you") treatment of by representatives / operators of the Call Center / consultants / partners of the Travel Agency, etc.
- in case of violation of confidentiality conditions
- in case of dissemination of false information about the company
- when committing any other actions damaging the business reputation of the Travel Agency
liquidate the damage caused and pay (at the request of the Travel Agency) compensation
10. INFORMATION ON THE ASSOCIATION OF TOUR OPERATORS IN THE FIELD OF OUTGOING TOURISM THAT PROVIDES EMERGENCY ASSISTANCE TO TOURISTS:
NameAssociation "Association of tour operators in the field of outbound tourism "TURPOMOSHCH"
Address (location) 101000, Moscow, st. Myasnitskaya, house 47, office 424, of. 539
Postal address101000, Moscow, st. Myasnitskaya, house 47, office 424, of. 539
Website, emailhttp://www.russiatourism.ru; e-mail: secretary@tourpom.ruhttp://www.tourpom.ru
Phone and fax+7 (495) 607-77-71; +7 (495) 981-51-49; 8-800-100-41-94
The association of tour operators in the field of outbound tourism ensures, in the manner established by the Government of the Russian Federation, the provision of emergency assistance to tourists in cases of impossibility of fulfillment, non-fulfillment or improper fulfillment by the tour operator of obligations under the contract for the sale of a tourist product.
Emergency assistance refers to actions to organize the evacuation of a tourist from a country of temporary residence (including payment for transportation and (or) accommodation services) carried out by an association of tour operators in the field of outbound tourism
11. PRIVACY
11.1. Any information relating to the conclusion and execution of this Agreement, including commercial activities, commercial and technical knowledge and solutions, the software used, which became known to the Customer, is confidential and is not subject to disclosure to third parties.
11.2. The Customer undertakes not to disclose by any means (make it available to any third parties, except when the third parties have the appropriate powers by virtue of a direct indication of the law) the confidential information of the Travel Agency, to which he received access when concluding this Agreement and in the course of fulfilling obligations arising from from the Agreement.
11.3. The customer must ensure confidentiality on the part of tourists, or other persons involved by him in connection with the conclusion and execution of this Agreement, and is responsible for their confidentiality in relation to the information received.
11.4. The confidentiality obligations of the Parties (Clause 11.1. -11.3.) are fulfilled by the Parties within the term of this Agreement and within five years after its termination.
12. PROTECTION OF PERSONAL DATA
12.1. The Customer, as well as the participants of the trip specified in the Agreement and its annexes, by the execution of this Agreement express their consent to the processing of their personal data, which include: last name, first name, patronymic, date and place of birth, gender, citizenship and nationality; series, passport number, persons entered in the passport, other passport data; address of residence and registration, home and mobile phone, e-mail address; family, social, property status (including information about real estate, about the presence of a car); profession; information (including address, work phone, position, terms of work) about the current place of work and previous places of work; on the state of health, any other data that the Customer provided at the conclusion or during the execution of the Agreement. The Customer is obliged to obtain and guarantees that he has the authority to provide personal data of the participants of the trip specified in the Agreement and its annexes. When concluding the Agreement, the Customer confirmed his authority to provide the specified personal data. The Customer is obliged to reimburse any costs associated with the lack of appropriate authority from the Customer, including losses associated with the sanctions of the inspection authorities. The processing of personal data is carried out by the Travel Agency and (or) the Tour Operator and (or) service providers in order to fulfill this Agreement (including, depending on the terms of the agreement, for the purpose of issuing travel documents, booking rooms in accommodation facilities and with carriers, transferring data to consulate of a foreign state, resolving claims issues when they arise, providing information to authorized state bodies (including at the request of courts and internal affairs bodies) and includes the collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution , depersonalization, blocking, destruction of personal data.The Customer is informed that his personal data can be processed both by automated and non-automated processing methods.The Customer agrees that the Agency and (or) the Tour Operator has the right to entrust the processing of the Customer's personal data to another person . The Customer agrees to the cross-border transfer / processing of his personal data (transfer of personal data by a travel agency across the State Border of the Russian Federation to a legal entity of a foreign state). This consent is valid for an indefinite period. The consent is terminated on the basis of the application Customer sent to the Travel Agency via electronic communication. The customer agrees to the processing of his personal data up to the delivery by the Customer of an application to withdraw consent to the processing of personal data . The customer is explained and understands the rights of the subject of personal data.
The travel agency undertakes to ensure the confidentiality and security of the received personal data of the subject (Customer) during their processing.
13. DETAILS OF THE TRAVEL AGENCY
Federal network online travel agencies "Empire Tour" Federal Group of Companies (VIM)
Central office:
LLC "EMPIRE" (EMPIRE LTD.)
Legal address: 123112, Moscow, Presnenskaya embankment, 12
Фактический адрес: 123112, г. Москва, Пресненская набережная, д. 12, _cc781905- 5cde-3194-bb3b-136bad5cf58d_ office 4402, item 1
(MIBC Moscow-City, Federation-West tower)
TIN: 7703437830 KPP: 770301001 OGRN: 5177746252426
POINT OF PJSC BANK "FC OTKRITIE" MOSCOW
R/C: 40702810901500017345 C/C: 30101810845250000999
Тел.: 8-800-222-07-17 WhatsApp: 8-994-7777 -007
Email: mail@empiretours.online
Website: EmpireTour.online (empiretours.online)
General Director - Alexander Alexandrovich Pavlov
$$$:
Beneficiary customer:
EMPIRE Ltd.
address:
nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA
account number:
40702840601500003700
Beneficiary bank:
BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)
City, country:
BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA
SWIFT: JSNMRUMMXXX
€€€:
Beneficiary customer:
EMPIRE Ltd.
address:
nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA
account number:
40702978401500002954
Beneficiary bank:
BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)
City, country:
BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA
SWIFT: JSNMRUMMXXX
¥¥¥:
Beneficiary customer:
EMPIRE Ltd.
address:
nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA
account number:
40702156001500000343
Beneficiary bank:
BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)
City, country:
BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA
SWIFT: JSNMRUMMXXX