Public offer agreement
on the sale of a tourism product, tourism services
This offer agreement (hereinafter referred to as Agreement) shall be concluded by the acceptance of the Customer, containing all material terms and conditions of the Agreement, without being signed by the parties. The agreement is legally binding in accordance with Article 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the parties.
The Agreement is a contract of adhesion. The receipt by the Travel Agent of the Customer's signed/completed application is deemed to be the acceptance of this offer agreement and the full and unconditional acceptance of the conditions set out below. The Agreement is considered concluded from the moment of its acceptance and is valid until the parties fulfill all their obligations under the Agreement.
1. Subject of the agreement
1.1. The Travel Agent, within the limits of its legal capacity, act on behalf of legal entities conducting tour operator activities, other service providers, as well as when interacting directly with any service providers (hereinafter all together or separately - Tour Operator) to book and sell services to the Customer, including those included in the Tourism Product (hereinafter - Tour Product), formed and provided by the Tour Operator, which are reflected in the Customer's Application (hereinafter - Application). If a legal entity is entered into the unified federal register of tour operators, then such a legal entity carries out tour operator activities in accordance with the Federal Law №132 of 24.11.1996 "On the Fundamentals of Tourist Activities in the Russian Federation".
1.2. The services included in the Tour Product, the names, scope and consumer properties of which are indicated in the Application, shall be sold (provided) by the Tour Operator to the persons listed in the Application (hereinafter referred to as the Tourists), in whose interests the Customer acts when concluding this Agreement.
1.3. The actions to be performed by the Travel Agent in the performance of this Agreement are understood to be the actions necessary for the Tour Operator to assume the obligation to sell the Tour Product, namely: providing information about the Tour Product to the Customer and/or Tourists; receiving from the Customer and/or Tourists the information and/or documents necessary to sell the Tour Product; submitting the relevant information and/or documents to the Tour Operator; receiving money from the Customer and/or Tourists in the amount of the price of the Tour Product and handing it over to the Tour Operator, as well as other actions that are necessary to sell the Tour Product by virtue of law or this agreement.
1.4. The Tour Operator assumes the obligation to sell the Tour Product to the Tourists by sending the Tour Operator (by any means stipulated in the agreement between the Travel Agent and the Tour Operator) a confirmation of the possibility of selling the Tour Product (“Booking Confirmation”). In the event that the Tour Operator does not confirm the possibility of selling the Tour Product within a reasonable time, the rights and obligations of the parties to this agreement shall terminate, with a subsequent refund of the full amount of the money transferred by the Customer to the Travel Agent within the legal deadline, unless the parties agree to modify the terms of this agreement by drawing up a new Application Form.
1.5. Booking confirmation means that the Tour Operator assumes an obligation to the Customer to provide the services included in the Tour Product to the Tourists as well as to perform other actions aimed at providing other services ordered by the Customer additionally or necessary for the implementation of the Tour Product.
1.6. In case of selling the own Tourism Product (i.e. formed by the Travel Agent), the Travel Agent shall act under the contract as the Tour Operator and shall be liable in accordance with the Federal Law №132 of 24.11.1996 "On the Fundamentals of Tourism Activities in the Russian Federation".
The RTO registry number is 023216. Financial security for the fulfillment of obligations under the Agreement on the sale of domestic and international inbound Tourism product in the amount of 500,000 (five hundred thousand rubles) is provided by: “GSK “Yugoria” JSC. The address (location) of the organization that provided financial support: 628950, Khanty-Mansiysk Autonomous Okrug - Yugra, Khanty-Mansiysk, Komsomolskaya st., 61. Postal address of the organization that provided financial support: 628950, Khanty-Mansiysk Autonomous Okrug - Yugra, Khanty-Mansiysk, Komsomolskaya st., 61.
Financial security for the fulfilment of obligations under the Agreement on sale of a tourist product for international outbound tourism in the amount of 50,000,000 (fifty million rubles) is provided by: Pomosch IC. LTD. The address (location) of the organization that provided financial support: 191124, St. Petersburg, Central district, Sinopskaya nab, 50A. Postal address of the organization that provided financial support: 191124, St. Petersburg, Central district, Sinopskaya nab, d 50A.
1.7. Before accepting this offer (before booking and payment), the customer has received all the necessary and reliable information about the tourism product/tourist services, enabling him to make the right choice: - about consumer properties (quality) of the tourism product – about the program of stay, route and conditions of travel, including information about accommodation facilities, about living conditions (location of the accommodation facility, its category) and food, services for transporting the consumer in the country (place) of temporary stay, about the availability of a guide (guide), guide-interpreter and instructor-guide, as well as additional services; - about the total price of the tourism product in rubles, the rules and conditions for the efficient and safe use of the tourism product; - about the specific third party who will provide the individual services included in the tourism product, if this is relevant in view of the nature of the tourism product; - on the rules for entering and leaving the country (place) of temporary residence, including information on the need for a visa to enter and/or leave the country (place) of temporary residence; - on the basic documents required to enter and leave the country (place) of temporary residence; - about the customs of the local population, religious rites, sacred places, natural, historical and cultural monuments and other tourist attractions under special protection and the state of the natural environment (to the extent necessary for the trip); - how to access tourist resources, taking into account the restrictive measures adopted in the country (place) of temporary stay (to the extent necessary for the trip); - about the dangers that the consumer 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, in which he may be at increased risk of infectious diseases; - about the possible risks and their consequences for the consumer's life and health in case the consumer intends to undertake a journey involving routes that pose increased risks to his or her life and health (mountainous and rugged terrain, speleological and water features, extreme tourism and sports, etc.); - on customs, border, medical, sanitary-epidemiological and other regulations (to the extent necessary for travel); - about the location, postal addresses and contact telephone numbers of public 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 consumer can apply in case of emergencies in the country (place) of temporary stay or other circumstances that threaten the safety of his life and health, as well as in cases of danger of damage to the property of the consumer; - about the address (place of residence) and contact telephone number in the country (place) of temporary stay of the head of the group of underage citizens if the tourism product includes organized departure of a group of underage citizens without accompaniment of parents, adoptive parents, guardians or tutors; - national and religious peculiarities of the country (place) of temporary stay; on providing emergency assistance from the compensation fund of the association of tour operators in the field of outbound tourism in case of impossibility of performance, non-performance or improper performance of obligations by the tour operator under the agreement on the sale of tourism product formed by the performer - member of the association of tour operators in the field of outbound tourism; - on the procedure for applying to the association of tour operators in the field of outbound tourism for emergency assistance; - on the procedure and deadlines for the customer's claims against the organization that provided the financial security to the tour operator, on the specified organization, as well as on the grounds for making payments under the tour operator's liability insurance agreement and under the bank guarantee. The specified information is provided to the Customer by demonstration in visual form when the Customer selects and books the tourism product on the Internet by including it in the text of this agreement and the Application, as well as verbally by telephone
2. Guarantees and assurances
2.1. By signing this agreement, the Customer warrants that:
- he has the necessary authority to act on behalf of and in the interests of the Tourists when concluding this agreement;
- he gives his written consent to permitted by the Federal Law of 27.07.2006. No. 152-FL "On Personal Data" processing, use and transfer (including cross-border) of his personal data and personal data of Tourists to consular, embassy services, the Tour Operator and its partners (air, railway and other carriers, insurance companies etc.) to the extent necessary to implement the services ordered;
- he has the necessary authority received from the Tourists specified in the application (a written statement-consent of each tourist or a power of attorney) to transfer and process their personal data and will acquaint them with the rights provided for by the Federal Law of 27.07.2006. No. 152-FL "On Personal Data";
- that the information provided by him about the Tourists is valid and true, and that none of the Tourists has, at the time of entering into this Agreement, any statutory restrictions on travel, including leaving the territory of the Russian Federation and entering the territory of the relevant foreign country;
- has valid passports on the date of commencement of travel, including documents for underage Tourists.
- if necessary, to have notarized consent of parents (guardians, trustees) of underage Tourists for the Tourists' departure from the territory of the Russian Federation;
- none of the Travellers has the intention to engage in remunerated activities in the country of temporary residence, will not violate the passport and visa regime of the country of temporary residence (including staying in its territory after the expiry of the visa), and has no intention to use the visa of the country of temporary residence for purposes not related to the travel.
2.2. The Customer confirms the validity period and proper execution of the documents of the Tourists handed over to the Tour Operator for the purposes of obtaining a visa for entry into a foreign country - country of temporary stay.
2.3. The Customer confirms that at the time of the conclusion of this agreement reliable information about the rules of entry into the country (place) of temporary stay for Russian citizens and the conditions of stay there, about the customs of the local population, religious rites, shrines, monuments of nature, history, culture and other objects of tourist display under special protection, the state of the natural environment is provided to him by the Travel Agent to the extent necessary for the trip.
2.4. The Customer confirms that he is aware that the money transferred by him to the Travel Agent as payment for the Tour Product shall be handed over by the latter to the Tour Operator. The customer has the right to withdraw from this agreement at any time. If the Customer unilaterally withdraws from this Agreement (in full or in part), the funds paid for the Tour Product shall be refunded to the Customer, with deduction of the costs actually incurred by the Tour Operator (executor) in the performance of this Agreement. Under the refusal to execute this agreement, the parties understand: the receipt by the Travel Agent of the Customer's written request to cancel the Application, the Customer's failure to fulfill its obligations to pay for the Tourist Product in the amount and in the manner established by this agreement, or other actions (inaction) of the Customer, indicating his refusal to execute this agreement. In all circumstances, the consular fees paid for the consideration by a foreign consular institution of the documents of Tourists submitted for obtaining visas shall not be refundable.
2.5. The customer confirms that the following information has been brought to his attention:
2.5.1. On the procedure for applying to the association of tour operators in the field of outbound tourism for emergency assistance at the expense of the reserve fund. The customer is also aware of the transfer to the association of tour operators of his right to demand payment under the tour operator's financial guarantee up to the amount of the costs incurred by the association of tour operators in providing emergency assistance to tourists.
2.5.2. On the possibility for the Customer and/or Tourist to make a written claim for compensation for real damages incurred by the Tourist as a result of non-performance by the Tour Operator of its obligations under the Agreement at the expense of the personal liability fund of the Tour Operator in the case stipulated by Federal Law No. 132 of 24.11.1996 "On the basis of tourist activities in the Russian Federation". The payment of funds to compensate for actual damages arising as a result of a non-fulfillment by the tour operator in the field of outbound tourism of its obligations under the agreement for the sale of the tourism product shall be made by the association of tour operators in the field of outbound tourism out of the personal liability fund of the tour operator, in accordance with the requirements of Federal Law № 132 of 24.11.1996 "On the basis of tourist activity in the Russian Federation".
2.5.3. On the possibility to voluntarily insure the risks related to the travel that are not covered by the financial security of the Tour Operator's liability, including in connection with improper fulfilment of the Tour Operator's obligations under the agreement.
2.5.4. The Customer and/or Tourist is entitled, among other things, to unhindered emergency medical aid; compensation for losses and compensation for moral damages in case of non-compliance with the terms of the agreement on selling the tourism product by the Tour Operator entered in the unified federal register of tour operators and/or Tourist in the manner prescribed by Russian legislation; assistance of authorities (local authorities) of the country (place) of temporary stay to obtain legal and other types of emergency assistance.
2.6. The Customer acknowledges that the impossibility of performance of this agreement due to circumstances for which neither party is responsible means any events or actions preventing the performance of the trip that are beyond the control of the Tour Operator and/or Travel Agent: - actions of consular, border and customs and other services of the Russian Federation and foreign countries (including refusals to issue entry visas, or their issuance at other times than those necessary for the trip); - illness or death of the Customer and/or the Tourist; - force majeure circumstances (clause 6.5. of the agreement).
2.11. The client acknowledges receipt of information about the terms of the voluntary insurance contract, the insurer, the organizations providing emergency and urgent medical care in the country of temporary stay and its payment, the return of the body (remains), as well as the procedure for the tourist to contact the insured event (location, contact telephone numbers of the insurer and other organizations), as well as the fact of offering him to conclude an insurance contract that ensures the payment of the amount of insurance compensation to him in the event of circumstances preventing the implementation of the trip. The consequences of refusal to conclude a contract of voluntary insurance and trip cancellation insurance are explained to the Customer.
2.12. The Customer acknowledges receipt of full and truthful information from the Travel Agent about travel conditions, services included in the tour product and their consumer properties, other tourist services provided for by the Federal Law of 07.02.1992 No. 2300-1 "On Protection of Consumer Rights", the Federal Law of 24.11.1996 No. 132-FL "On Fundamentals of Tourism Activities in the Russian Federation", The rules for the provision of services for the implementation of the tourism product, approved by Decree No. 452 of the Government of the Russian Federation of 18.07.2007 and the rules for the provision of emergency tourist assistance, approved by Decree No. 162 of the Government of the Russian Federation of 27.02.2013 and other normative legal acts.
2.13. The Travel Agent guarantees that the personal data of the Tourists: - are processed in accordance with the Russian Federation Federal Law of 27.07.2006 No. 152-FL "On Personal Data"; - received only for specific and legitimate purposes and will not be further processed in any way incompatible with those purposes; - are not excessive in relation to the purposes for which they are provided by the Tourist to the Travel Agent; - are stored in accordance with the requirements of the Federal Law on Personal Data and for no longer than necessary. In accordance with the Russian Federation Federal Law of 27.07.2006 No. 152-FL "On Personal Data", the Travel Agent implements appropriate technical and organizational measures to protect personal data received from the Customer and/or Tourists against accidental or unlawful disclosure or destruction.
3. Obligations and rights of the parties
3.1. Based on the foregoing, the Customer undertakes:
- to provide the Travel Agent with complete and truthful information and valid documents necessary for the trip in the composition requested by the Tour Operator in due time;
- to pay the full price of the Tour Product to the Travel Agent in accordance with Article 5.2. of the Agreement;
- if necessary, to ensure that the Tourists appear for an interview at the consular office of the country of temporary residence and provide all the documents necessary for obtaining a visa;
- in a timely manner (including the day before departure) to specify the time and place of departure, travel dates, vehicle departure schedule, group meeting place and time, and other relevant data;
- to notify the Tourists of the need to arrive at the place of departure (group meeting place) no later than 2.5 (two and a half) hours before the departure of the vehicle carrying out the transportation (its initial stage) to the place of temporary stay. Non-arrival of Tourists to the place of departure (group meeting place) within the specified period entails the impossibility of executing this agreement due to the fault of the Customer;
- to inform the Tourists accurately and fully about the travel conditions, the services included in the Tour Product and their consumer properties, including the information provided by the Travel Agent to the Customer and specified in Section 2 of this Agreement, as well as all the essential travel conditions specified in the Tour Product Application;
- to notify the Tour Operator and/or Travel Agent in advance in writing of the circumstances preventing the travel;
- reimburse losses incurred by the Tour Operator and/or Travel Agent caused by:
a) unlawful behaviour of the Tourists in the country (place) of temporary stay and/or in the process of transportation on the travel itinerary;
b) violation of the passport and visa regime of the Russian Federation or the country of temporary residence;
c) the invalidity of the documents or the false nature of the information provided for the purposes of the execution of this agreement;
d) violation of the guarantees given by the Customer under this agreement.
3.2. In order to properly implement the Tour Product, the Travel Agent undertakes, in accordance with the Customer's application:
- to notify the Tour Operator that formed the Tour Product about the conclusion of this agreement, by sending him the Customer's Application for the Tour Product, to agree on the conditions of the trip;
- to inform the Customer and/or the Tourists in due time of any information received from the Tour Operator regarding the ordered Tour Product;
- no later than 24 hours before the start of the trip, if the agreement is concluded earlier than 24 hours before the start of the trip, to transfer to the Customer the original contract, documents certifying the right of the Customer and / or the Tourist to the services included in the tourist product, or transportation or hotel accommodation services or other means of accommodation (hereinafter referred to as the hotel), provided by the Tour Operator separately or as part of a tourist product, documents for booking and obtaining a hotel room (voucher and others), under the conditions agreed upon with the Customer and/or the Tourist in the Agreement, as well as other documents necessary for the Customer to travel, including a ticket (electronic transport document) confirming the right to travel to and from the destination or another route agreed upon in the Agreement (if the legislation of the Russian Federation provides for the issuing of a ticket for the respective type of transport), as well as other documents necessary for the trip, provided that the Customer has paid the total price of the tour product and additional services in full and on time. When a ticket is issued electronically, the Customer will be given an extract from the automated system containing information about the transportation;
- to receive telephone messages from the Customer and / or Tourists to the telephone number of the tourist support service provided to the Customer (in Moscow);
- to immediately inform the Tour Operator about the facts of improper provision, non-provision of services included in the tour product, reported to the Travel Agent by the Customer and / or Tourists;
3.3. Violation by any of the parties of their obligations under this agreement, which entailed the impossibility of its execution, is the fault of the party that violated its obligation. Failure to perform this agreement resulting from the Customer's and/or the Tourists' failure to comply with the guarantees listed in clause 2.1. of this agreement, is the fault of the Customer.
3.4. The Customer has the right, in accordance with the procedure established by law, to entrust the performance of all or part of the actions (for example, the transfer and receipt of documents, the transfer of funds, etc.) necessary for the execution of this agreement, any of the Tourists specified in the Application for the Tour Product, and the Travel Agent undertakes to consider such a person as a proper representative of the Customer, except in cases where the Travel Agent returns funds to the Customer on the grounds provided for by law or this agreement.
3.5. The Travel Agent has the right, in cases of violation by the Tour Operator of the deadlines for issuing documents necessary for the trip (as well as in case of the impossibility (difficulty) for the Customer and / or Tourists to obtain documents from the Travel Agent), upon verbal instructions of the Customer and / or Tourists, to authorize the Tour Operator to transfer of these documents directly to the Customer and / or Tourists at the place of departure to the country (place) of temporary stay of Tourists.
3.6. Exclusively for the purpose of executing this agreement, the Travel Agent has the right to provide personal data of the Customer and / or Tourists to third parties (Tour Operator, air, railway and other carriers, consulate, embassy, insurance organizations and partners of the Tour Operator).
3.7. The other rights, obligations and guarantees of the parties are provided for by the current legislation of the Russian Federation.
4. Features of selling the Tour product
4.1. The Tourism Product sold under this Agreement and the individual services included in it, as well as the abbreviations and acronyms used to describe them, are determined by international customs and customs in the field of tourism, the rules of the country of temporary residence of the Tourists and the rules of air transportation of the Tourists included in the Tourism Product.
4.2. In accordance with generally accepted international practice, Tourists are accommodated at the hotel from 12:00 (at the time of the location of the hotel). A later check-in time (within 2-4 hours) can be set by the hotel. Check-out of Tourists from the hotel is carried out before 12:00 of the last date of stay at the hotel indicated in the Tour Operator's voucher.
4.3. The hotel category indicated on the Application and on the Tour Operator's voucher is in some cases not an official international classification and may imply a different level of service, depending on the country where the hotel is located.
4.4. The airline operating the charter flights may, without notice, transfer the passenger for transportation to another carrier, replace the aircraft or change the flight schedule.
If the Tour Operator provides a scheduled transportation services as part of the Tour Product (or a separate service), its implementation is an obligation from the transportation agreement concluded between the airline and the passenger indicated on the ticket, the responsibility for non-performance (improper performance) of which, in accordance with the Civil Code of the Russian Federation , the Air Code of the Russian Federation and Article 9 of the Federal Law “On the Basics of Tourism in the Russian Federation”, is borne by the airline-carrier. Therefore, all applications, claims related to air transportation and its shortcomings are presented by Tourists directly to the airline that provided air transportation services at a regular fare. In case of refusal of Tourists from transportation at a regular fare, the return of its cost is carried out by the Tour Operator on behalf of the airline, with deducting the amounts of fines/fees for refusal of transportation, determined by the airline in accordance with the rules for applying this fare.
4.5. The Travel Agent hereby warns the Customer that the Tour Operator may, in exceptional cases, replace the accommodation facility specified in the Application and / or voucher with an equivalent in cost and category (without additional payment from the Customer). Such a replacement is beyond the control of the Travel Agent and does not give him the right to require the Tour Operator to refuse such a replacement, while the Tourist has the right to present a claim to the Tour Operator related to the quality of the Tour Product. However, the Travel Agent will take all possible measures to protect the interests of the Customer and Tourists.
5. Price and payment procedure
5.1. The cost of the Tourism Product and the term of its payment are agreed by the Parties in the Application for the Tourism Product. If the Customer expresses its intention to conclude medical and / or property insurance contracts with the assistance of the Tour Operator and / or Travel Agent, the cost of the Tour Product will include the amount of insurance premiums under such contracts.
5.2. Payment in the amount of 100% of the cost of the Tourism Product is made in Russian rubles. If the cost of the tour product is set by the Tour Operator in foreign currency, payment is made in Russian rubles at the exchange rate set by the Tour Operator on the date when the Customer transfers the corresponding amount of money to the Travel Agent.
5.3. If this is provided for by the contractual relationship between the Travel Agent and the Tour Operator, from the moment the Customer transfers the money to the Travel Agent for the Tour Product, the Travel Agent transfers it to the Tour Operator minus the remuneration provided by the Tour Operator for the Travel Agent. The money received by the Travel Agent from the Customer as payment for the Tour Product is the property of the Tour Operator.
In other cases, the cost of the Tour Product is determined by the Travel Agent depending on the volume of services booked and is paid by the Customer based on the cost of the booked Tour Product.
5.4. In the event of a change in the cost of the Tourism Product when drawing up a new Application for the Tourism Product upwards, the Customer is obliged to make an additional payment for the Tourism Product in the amount at the time of the preparation of the new Application.
5.5. Violation by the Customer of the above procedure for paying the cost of the Tourism Product entails the cancellation of the Application, the non-issuance (retention) by the Tour Operator of the documents necessary for the trip / for the provision of services and is considered by the parties as the impossibility of executing this agreement, which arose through the fault of the Customer, using the provisions of Part 2 of Art. 781 of the Civil Code of the Russian Federation consequences.
6. Responsibility of the Parties
6.1. The parties to this agreement shall be liable under the laws of the Russian Federation and this agreement for the non-performance or improper performance of their obligations.
6.2. Responsibility to the Customer and / or Tourists for the failure to provide or improper provision of services included in the Tour Product is borne by the Tour Operator (executor). The Tour Operator ensures the provision to Tourists of all the services included in the Tour 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 Tourists or the Customer, except for cases for which the law establishes that the person who is the direct executor is responsible services included in the Tour Product (or to be provided in connection with the sale of the Tour Product). The Travel Agent is liable for non-performance or improper performance of the obligations imposed on it by this Agreement to the extent limited by the instructions of the Tour Operator, the law and this Agreement.
6.3. Proper fulfillment by the Tour Operator, entered in the unified federal register of tour operators, of the obligation to sell the Tour Product is ensured by an insurance contract for its liability to the Customer and / or Tourists, or a bank guarantee, the details of which are indicated in the Application for the Tour Product. The specified methods of ensuring the fulfillment of the obligations of the Tour Operator (financial security) give the Customer and / or Tourists the right to apply with a demand for the payment of the relevant amounts of money directly to the organization that provided the financial security (to the insurer or guarantor) specified in the Application for the Tour Product. The basis for the payment of the relevant funds is the fact of establishing the obligation of the Tour Operator to compensate the tourist and (or) another customer for real damage resulting from the Tour Operator's non-performance or improper performance of obligations under the contract for the sale of a tourism product, if this is a material violation of the terms of such an agreement. A material breach of the terms and conditions of an agreement for the sale of a tourism product is a breach that causes the tourist and/or other customer such damage that he/she is substantially deprived of what he/she was entitled to expect when the agreement was concluded. Significant breaches by the Tour Operator of the agreement for the sale of the tourism product include failure to fulfil the obligations to provide the tourist and/or other customer with the transportation and/or accommodation services included in the tourism product; the presence of significant defects in the tourism product, including significant violations of the quality and safety requirements of the tourism product.
6.4. The requirement of the Customer and / or Tourists to pay money from financial collateral must be presented to the insurer or guarantor in writing, in accordance with the rules of Art. 17.5 of the Federal Law "On the basics of tourism activities in the Russian Federation" dated November 24, 1996, No. 132 - FL, during the period of validity of the financial collateral specified in the Application for Tourism Product.
6.5. The parties are released from liability for non-performance or improper performance of obligations under this agreement, if this non-performance or improper performance is the result of the occurrence of force majeure circumstances confirmed by the competent authorities (extraordinary and unforeseeable circumstances under the given conditions), which the parties could neither foresee nor prevent by reasonable measures. In the event of such circumstances, by agreement between the parties, the period of fulfilment of the obligations under the agreement may be changed in proportion to the time during which such circumstances will be in effect. Each of the parties has the right to refuse to fulfil its obligations under the agreement in accordance with the procedure stipulated by the legislation of the Russian Federation, if these circumstances will last for more than 14 calendar days.
7. Insurance
7.1. When selling a tourism product, the Tour Operator included in the unified federal register of tour operators, acting as an insurance agent on behalf and at the expense of the insurer, has the right to conclude with the Tourist or other Customer in favor of the Tourist a contract of voluntary insurance of property interests of the Tourist in accordance with Article 17 of FL-132 of 24.11.1996 "On the basis of tourist activities in the Russian Federation". (hereinafter referred to as the Voluntary Insurance Contract).
7.2. Information on the insurers on whose behalf the Tour Operator (Travel Agent) concludes voluntary insurance contracts is available on the official websites of the Tour Operator in the information and telecommunication network "Internet".
7.3. In case of refusal to conclude a voluntary insurance contract, the costs of providing emergency and urgent medical care in the country of temporary residence are borne by the Customer and / or the Tourist independently, and the costs of returning the body (remains) are borne by persons interested in returning the body (remains).
7.4. An agreement, a policy of medical and other types of insurance is a document certifying the existence of a separate agreement between the Customer and / or the Tourist following the trip and the insurer. If the Customer is insured against other risks (insurance against the impossibility of making a trip, property insurance, liability insurance, etc.), then the reimbursement of expenses incurred is carried out according to the rules of these types of insurance.
8. Conditions for changing and terminating the contract
8.1. 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, such as deterioration in the travel conditions specified in the agreement and application; change in the timing of the trip; unforeseen growth of transport tariffs; the impossibility of the tourist making a trip due to circumstances beyond his control (illness of the tourist, refusal to issue a visa and other circumstances).
8.2. If the Agreement is terminated due to a material change of circumstances or in case of refusal of the Tour Product, the losses and costs are reimbursed according to the actual costs incurred by the Travel Agent.
9. Submitting claims
9.1. Complaints about the quality of the Tour Product formed by a tour operator entered in the unified federal register of tour operators in accordance with Article 10 of the Federal Law "On the basis of tourist activity in the Russian Federation" of 24.11.1996, № 132 - FL must be submitted by the Customer and/or the Tourists directly to the Tour Operator in writing.
Complaints about the quality of the Tour Operator's Tour Products must be submitted by the Customer and/or the Tourists directly to the Tour Operator in writing.
9.2. If the claim is not related to the quality of the Tour Product, but is due to requirements for the Travel Agent, it must be presented in writing to the Travel Agent's postal address within 20 days from the date of expiration of the agreement and is subject to consideration by the Travel Agent within 20 days from the date of receipt of claims.
Bank details
Beneficiary: V AND P POWER SYSTEMS LIMITED
Registration № 1442255
Address: FLAT/RM 1803 18/F LUCKY CENTRE NO.165-171, WAN CHAI ROAD, WANCHAI, HONGKONG
Account No.: 40807156801000167139 (CNY)
BANK: PJSC BANK ZENIT
SWIFT CODE: ZENIRUMM
Correspondent bank: Bank of China
Correspondent bank account: 30109156600000000001
Correspondent bank SWIFT: BKCHRUMM
Director – LI HUA XIN
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