Contract offer
On the implementation of the tourism product
This document is an official offer of the tour operator Limited Liability Company “Expeditionary group” Taiga X-tour “(hereinafter referred to as the “Contractor”), for individuals and legal entities to conclude an Agreement on the implementation of tourist (hereinafter – the “Agreement”) services on the following conditions and published on the website https://tayga-x-tour.com/. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this document is a public offer.
Individuals are citizens of the Russian Federation, including entrepreneurs without forming a legal entity. For foreign citizens and legal entities (non-residents of the Russian Federation), this agreement is valid with additional approvals.
This public offer of the Agreement on the implementation of the tourist product (hereinafter referred to as the Agreement) is concluded in a special manner: by accepting this Agreement, containing all the essential terms of the Agreement, without signing by the parties. This Agreement has legal force in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the parties.
This Agreement is an agreement of accession. The fact confirming the acceptance of the conditions set out below and the acceptance of this public offer is the order for services and their subsequent payment (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the acceptance of an offer is tantamount to concluding an agreement on the conditions set forth in the offer).
This Agreement is considered concluded from the moment of its acceptance and is valid until the parties fulfill all their obligations under this Agreement.
Tour Operator Limited Liability Company Expeditionary Group Taiga X-Tour (LLC Expeditionary Group Taiga X-Tour), located at 675000, Amur Region, Blagoveshchensk, B. Khmelnitsky St., house No. 20, floor 1, registration number of the tour operator RTO 023766 (hereinafter referred to as the Contractor), represented by the General Director Shabanov Roman Nikolaevich, acting on the basis of the Charter on the one hand, and the Tourist and (or) another Customer: represented by a visitor to the site https://tayga-x -tour.com/, on the other hand, collectively referred to as the “Parties”, have entered into this agreement (hereinafter referred to as the Agreement) on the following
1. Subject of the contract
1.1. In accordance with the Contract, the Contractor undertakes to provide the Customer with a set of services included in the tourist product, the full list and consumer properties of which are indicated on the website https://tayga-x-tour.com /) (hereinafter referred to as the Tourist Product), and the Customer undertakes to pay for the Tourist Product.
1.2. Information about the Tourist to the extent necessary for the execution of the Contract is specified in booking confirmation. Information about the tour operator is specified in the annex to the Agreement.
2. The total price of the tourist product and the payment procedure
2.1. The total price of the tourist product is indicated by the Contractor on the website https://tayga-x-tour.com / and can be recalculated depending on the set of services ordered.
2.2. Payment is made by the Customer in the following order:
After the Customer has familiarized himself with all the essential conditions of the tourist product and the selection of the services of interest, the Customer turns to the Contractor to book the selected services. At the same time, the Customer is informed that from this moment he bears all rights and obligations for the services purchased, including those related to the refusal of services on his own initiative, in strict accordance with this Agreement.
Having received information from the Contractor about the availability of the application (tourist product) for payment, the Customer pays the cost of the tourist product / services.
The Customer pays 100% of the cost of services to the Contractor’s account or to the Contractor’s cashier within 1 (one) day from the moment the application is assigned the status of availability for payment. In case of non-receipt of payment in due time, the application is canceled, the provision of services is recognized as impossible due to the fault of the Customer with the application of legal consequences in accordance with the current legislation of the Russian Federation.
Settlements between the parties are made in rubles.
3. Interaction of the Parties
3.1. The Contractor is obliged to:
a) provide the Customer with reliable information about the consumer properties of the Tourist product;
b) take measures to ensure the security of information about personal data received from the Customer during the provision of services, including during their processing and use;
c) to assist, at the request of the Customer, in providing insurance services for risks associated with travel (including when traveling related to the passage of routes that pose an increased danger to life and health);
d) to provide all the services included in the Tourist Product independently or with the involvement of third parties, on which the Tour Operator is entrusted with the fulfillment of part or all of its obligations to the Customer;
e) to hand over to the Customer, no later than 24 hours before the start of the trip, documents certifying the Customer’s right to receive services included in the Tourist Product, as well as other documents necessary for making the trip, including:
electronic transportation document (ticket) confirming the right of a Tourist to be transported to the destination and back or along another route agreed in the Contract and issued on the basis of the data of the passenger’s identity document – if the legislation of the Russian Federation provides for the issuance of a ticket for the corresponding type of transportation;
document on booking and obtaining a place in a hotel or other accommodation facility (voucher) on the terms agreed in the Contract.
3.2. The Contractor has the right to cancel the booking of a Tourist Product in case of violation by the Customer of the payment procedure provided for in clause 2.2 of the Contract. The Contractor notifies the Customer about the decision made within a reasonable time.
3.3. The Customer is obliged to:
a) pay for the Tourist Product in accordance with the Contract;
b) provide the Contractor with their contact details, Tourist contact details necessary for operational communication (phone number, email address), as well as other information and documents necessary for the execution of the Contract;
c) bring to the Tourist the terms of the Contract, other information specified in the Contract and its annexes, as well as transfer the documents received from the Contractor for the trip;
d) provide, at the request of the Contractor, the written consent of the Tourist to the processing and transfer of personal data to the Tour Operator and third parties for the purposes of fulfilling the Contract;
e) inform the Contractor about the non-provision or improper provision of services included in the Tourist Product by third parties attracted by the Tour Operator.
3.4. The Customer has the right:
a) to obtain the documents necessary for making the trip in accordance with the Contract;
b) claim damages and compensation for moral damage in case of non-fulfillment of the terms of the Contract in accordance with the procedure established by the legislation of the Russian Federation;
c) apply to the Contractor for assistance in insuring expenses that may arise as a result of cancellation of the trip (non-departure insurance), including for reasons beyond the control of the Tourist (illness, visa refusal and other circumstances), baggage insurance, other financial risks associated with the trip and not covered by the financial ensuring the responsibility of the Tour Operator;
d) submit to the organization that provided financial support for the responsibility of the Tour Operator a claim for payment of insurance compensation under an insurance contract or payment of a sum of money under a bank guarantee, if there are grounds, in accordance with the procedure and terms established by the legislation of the Russian Federation on tourism activities;
4. Responsibility of the Parties
4.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the legislation of the Russian Federation.
4.2. The Contractor is not responsible:
for the actions of embassies (consulates) of foreign states, as well as organizations (with the exception of organizations that are attracted by the Tour Operator to provide services included in the Tourist Product, and for whose actions the Tour Operator is responsible), including for the refusal of a foreign embassy (consulate) to issue (delay) entry visas to a Tourist along the travel route, if to a foreign embassy (consulate) All the necessary documents were submitted by the Contractor or directly by the Customer in due time. In this case, the cost of the paid Tourist Product is refunded to the Customer, minus the documented expenses of the Contractor, as well as the cost of a part of the service provided by the Contractor before receiving a notice of refusal of an entry visa to the Tourist;
4.3. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if this non-performance or improper performance is the result of force majeure, that is, extraordinary and unavoidable circumstances under these conditions, which the Parties could neither foresee nor prevent by reasonable measures.
The existence of a force majeure circumstance must be confirmed by the competent authorities.
Upon the occurrence of these circumstances, the deadline for the fulfillment of obligations by the Parties under this Agreement may be changed in proportion to the time during which such circumstances will apply. If these circumstances continue for more than 14 calendar days, each of the Parties has the right to refuse to fulfill obligations under the Contract, and in this case the refund is carried out in accordance with the procedure provided for by the legislation of the Russian Federation.
5. The term of the Contract and the terms of amendment and termination of the Contract
5.1. The Contract is a public offer of the Company and comes into force from the moment the Customer makes an application for booking services on the website or at the Contractor’s office, as well as from the moment the payment is credited to the Contractor’s current account or to the Contractor’s cashier, i.e. the Customer’s acceptance, regardless of signing by the parties, and means providing the Customer with complete and sufficient information to make a booking of a tourist product/services and consent to the terms (conditions) of booking and the provisions of this agreement.
5.2. The Agreement may be amended or terminated in the cases and in the manner provided for by the legislation of the Russian Federation, including by agreement of the Parties.
Any changes to the Tourist Product, other conditions of the Booking Application are allowed by agreement of the Parties.
5.3. The Customer has the right to refuse to fulfill the obligations under the Contract, provided that the Contractor actually pays the expenses incurred by him. The Contractor has the right to refuse to fulfill obligations under the contract only on condition of full compensation to the Customer for losses.
5.4. Each of the Parties has the right to demand the termination of the Contract or its modification in the event of circumstances indicating the occurrence of a threat to the safety of the life and health of the Tourist in the country (place) of temporary stay, as well as the danger of harm to his property.
Upon termination of the Contract before the start of the trip due to the occurrence of these circumstances, the Customer is refunded a sum of money equal to the total price of the Tourist product, and after the start of the trip – its part in an amount proportional to the cost of services not provided to the Tourist included in the Tourist product.
5.5. Each of the Parties has the right to demand modification or termination of the Agreement in connection with a significant change in the circumstances from which the Parties proceeded when concluding the Agreement.
Significant changes in circumstances include:
a) deterioration of the travel conditions specified in the Contract;
b) change of travel dates;
c) unforeseen growth of transport tariffs;
d) the inability of the Tourist to make a trip due to circumstances beyond his control (illness of the Tourist, refusal to issue a visa and other circumstances).
6. The procedure and terms of filing a claim. Dispute resolution procedure
6.1. Claims in connection with the violation of the terms of the Contract are presented by the Customer to the Contractor in the manner and on the terms provided for by the legislation of the Russian Federation.
6.2. Claims regarding the quality of the Tourist Product are submitted to the Contractor in writing within 20 (twenty) calendar days from the date of termination of the Agreement and are subject to consideration within 10 (ten) calendar days from the date of receipt of claims in accordance with the procedure established by the legislation of the Russian Federation.
6.3. In case of non-settlement of disagreements in accordance with the procedure established by clause
6.2 of the Agreement, the dispute is subject to consideration in court in accordance with the legislation of the Russian Federation.
7. Final provisions
7.1. The Agreement is drawn up in 2 copies having equal legal force, one copy for each of the Parties.
7.2. All appendices, as well as amendments (additions) to the Agreement are an integral part of it.
7.3. In everything else that is not regulated by the Agreement, the Parties are guided by the legislation of the Russian Federation.
7.4. Other terms of the Agreement:
When concluding a contract on the sale of a tourist product, the Contractor provided the Customer with information about the consumer properties of the Tourist product
About all third parties who will provide individual services included in the Tourist Product, if it matters, based on the nature of the Tourist Product
About customs, border, medical, sanitary-epidemiological and other rules (to the extent necessary for making a trip)
About the customs of the local population, about religious rites, about shrines, monuments of nature, history, culture and other objects of tourist display that are under special protection, the state of the environment
About the national and religious peculiarities of the country (place) of temporary stay
On the procedure for access to tourist resources, taking into account the restrictive measures taken in the country (place) of temporary stay (to the extent necessary for making a trip)
About the dangers that a Tourist may encounter when making a trip, including the need to undergo prevention in accordance with international medical requirements
About possible risks and their consequences for the life and health of the consumer if the Tourist intends to make a trip associated with the passage of routes that pose an increased danger to his life and health (mountainous and impassable terrain, speleological and water bodies, extreme types of tourism and sports, and others)
About the location, postal addresses and contact phone numbers of state authorities of the Russian Federation, diplomatic missions and consular institutions of the Russian Federation located in the country (place) of temporary stay of the Russian Federation, located in the country (place) of temporary stay, to which a Tourist can apply in case of emergency situations in the country (place) of temporary stay or other circumstances threatening the safety of his life and health, as well as in cases of danger of causing damage to the Tourist’s property
About the procedure and deadlines for submitting to the organization that provided financial support for the responsibility of the Tour Operator a claim for payment of insurance compensation under the Tour Operator’s liability insurance contract or a claim for payment of a sum of money under a bank guarantee
About the address (place of stay) and contact phone number in the country (place) of temporary stay of the head of a group of minors in the event that the Tourist product includes an organized departure of a group of minors unaccompanied by parents, adoptive parents, guardians or trustees
About the possibility of a Tourist to voluntarily insure the risks associated with non-fulfillment or improper fulfillment by the contractor of its obligations under the contract, as well as other risks associated with the trip and not covered by the financial security of the responsibility of the tour operator
On the transfer to the association of tour operators in the field of outbound tourism of the Customer’s right of claim for payment of insurance compensation under the contract of liability insurance of the tour operator to the insurer or on payment of a sum of money under a bank guarantee within the amount of expenses incurred by the association of tour operators in the field of outbound tourism when providing emergency assistance to a Tourist
8. Details and signatures of the Parties
| Artist: |
| Limited Liability Company
“Expedition group “Taiga x-tour” Address, location: 675000, Amur region, Blagoveshchensk g, B.Khmelnitsky str., house No. 20, floor 1 Postal address: 675000, Amur region, Blagoveshchensk g, B.Khmelnitsky str., house No. 20, floor 1 INN/KPP: 2801234942 / 280101001 Current account: 40702810830560000046 Correspondent account: 30101810145250000411 BIC: 044525411 Branch “Central” of VTB Bank PJSCMoscow Email address: Roman1981blg@yandex.ru Phone: +79145944893 General manager ____________/Shabanov R.N. (signature) M.P. (if available) |
Customer:
I have read and agree with the terms of the Contract, the terms of the Contract are clear and beneficial to me. The documents that are an annex to this Agreement, received full information about the purchased tourist services (-a).
Application
to Agreement
Information about the Tour Operator
1. Information about the Tour Operator:
| Full name | Limited Liability Company “Expedition Group “Taiga x-tour” |
| Abbreviated name | Taiga x-tour Expedition Group LLC |
| Address, location | 675000, Amur region, Blagoveshchensk, B.Khmelnitsky str., house No. 20, floor 1 |
| Postal address | 675000, Amur region, Blagoveshchensk, B.Khmelnitsky str., house No. 20, floor 1 |
| Registry number | RTO 023766 |
| Phone/fax | +7(914)5944893 – phone |
| Email address/website | Roman1981blg@yandex.ru / www.taiga-x-tour.com |
| Operating mode | 09.00 – 18.00 |
2. Information about the organization(s) that provided the Tour Operator with financial support for the responsibility of the tour operator:
| n/a no. | Name organizations, who provided financial support for the responsibility of the tour operator | Type of financial support for the responsibility of the tour operator | Number, date and validity period of the tour operator’s liability insurance contract and/or the bank guarantee agreement | The amount of financial support for the responsibility of the tour operator (for each of the organizations that provided financial support) | Address/mailing address | Website/address/email |
| 1. | Helios Insurance Company LLC | Tour operator’s civil Liability insurance contract | No. 650-0002848-08214 dated 31/05/2022
from 03/06/2022 to 02/06/2023 |
500,000 rubles | 350015, Krasnodar Krai, Krasnodar, Novokuznetsk str., 40 | company@skgelios.ru |