for tourist product
Petrozavodsk Date: (dd) ____________ (month) 20 (yyyy)
SIVER Limited Liability Company, registration number in the Federal Registry of Tour Operators RTO 018127, hereinafter referred to as Contractor, represented by CEO Elena V. Fomkina, acting pursuant to the Articles, AND ______________________________________________, hereinafter referred to as Customer, have entered into this Contract as follows:
1.1. The Contractor agrees to sell a tourist product (a number of tourist services) to the Customer according to its standard programs or upon Customer's individual request subject to the terms and the scope of services specified in Annex 1 hereto, and the Customer agrees to accept and pay for the provided tourist product.
1.2. For the purposes of conclusion and execution of this Contract, the Customer is both a person applying for a tourist product for her/his own purposes, as well as any person ordering a tourist product on behalf of any Tourist, including a legal representative of any minor Tourist.
1.3. The list of Tourists, to whom tourist services are provided, is contained in Annex 2 hereto.
2. COST AND PAYMENT
2.1. The cost of the tourist product shall be based on the list, scope and quality of services provided under Annex 1 hereto, which shall contain the corresponding calculation.
2.2. If, upon this Contract conclusion, the Parties agree to change any parameters of services included in the standard tourist product of the Contractor (expand or reduce the list and scope of services, change the quality and duration of services), the relevant supplement shall be made in writing and become part hereof.
2.3. The cost of the tourist product under this Contract shall be (see Annex 1).
2.4. The tourist product shall be prepaid in the amount of __________________________.
2.5. 100% payment for the tourist product must be made prior to the provision of the service __________________________.
2.6. If, during the Contract and initiated by the Customer (Tourists) or for reasons depending on the Customer (Tourists), any change in any parameters of services listed in Annex 1 hereto takes place, which results in any increase in the cost of the tourist product, the corresponding extra payment must be made by the Customer (Tourists) according to the fees of the Contractor.
2.7. If the Customer (any of Tourists) cancels this Contract, any funds paid by the Customer for the relevant part of the tourist product shall be refunded less any actual costs incurred by the Contractor hereunder. Any actual costs shall include, among others, any contractual obligations of the Contractor before any third parties and the amount of penalty and (or) reimbursement of any losses payable by the Contractor to its counterparties.
The refund shall be made on the basis of a written application in the following sequence: issue consideration within 2 weeks and actual incurred costs and losses of the Contractor.
3. RIGHTS AND OBLIGATIONS OF PARTIES
3.1. The Contractor shall:
3.1.1. Select, compile and sell a tourist product, as well as provide relevant services to the Customer (Tourists).
3.1.2. Provide the Customer and (or) Tourists, to the extent necessary for the use of the tourist product, with complete and reliable information about:
126.96.36.199. Consumer properties (quality) of a tourist product.
188.8.131.52. Total price of a tourist product, rules and conditions of its effective and safe use.
184.108.40.206. A specific third party, who will provide certain services included in the tourist product, if it matters, based on the nature of the tourist product.
220.127.116.11. Local customs, religious rites, shrines, natural landmarks, history, culture and other tourist attractions, which are under special protection, as well as about the local environment.
18.104.22.168. Rules of access to tourist attractions.
22.214.171.124. Potential risks and their effects on tourist life and health in case of exposure to any life and health hazards due to the nature of the tourist product (mountains and rough terrain, caves and water bodies, extreme tourism and sports, etc.).
126.96.36.199. Other essentials of a tourist product.
3.1.3. Inform the Customer and (or) Tourists about any circumstances impeding the execution of this Contract (in whole or in part) within 24h day from the receipt by the Customer of information about the occurrence of such circumstances.
3.1.4. Deal with any Customer's and (or) Tourists' claims within 10 (ten) days from the date of receipt.
3.1.5. Refund any payment for a tourist product, if it is impossible to execute this Contract through the Contractor's fault within one week from the date of receipt of a reasonable claim.
3.1.6. Notify Tourists in writing or by contact telephone about all changes to the content of a tourist product and the terms of this Contract.
3.2. The Contractor may:
3.2.1. Request documents and information from the Customer and (or) Tourists in the amount necessary for the formation, compilation and sale of a tourist product and the execution of this Contract.
3.2.2. Cancel this Contract, request termination of this Contract or amendment of its terms on the grounds prescribed in the laws of the Russian Federation.
3.3. The Customer shall:
3.3.1. Make timely and full payment for a tourist product, including any extra payment due to any increase in the cost of a tourist product as specified herein.
3.3.2. Provide the Contractor with reliable and sufficient details and documents necessary for the execution of this Contract.
3.3.3. Follow the rules of personal safety and property security in the process of using the services included in a tourist product.
3.3.4. Take good care of any property of third parties (owned by any counterparties of the Contractor) involved in the provision of services hereunder.
3.3.5. Provide the Contractor with the Customer's (authorized person from among Tourists) contact telephone number for prompt resolution of any issues related to the ordered tourist product at any time.
3.3.6. Carefully study the terms of this Contract and the features of a tourist product, and inform Tourists about the content, as well as provide Tourists with all the details obtained from the Contractor in connection with a tourist product. Observe the terms of this Contract for its successful fulfilment. The terms of this Contract apply to all Tourists specified in Annex 2 hereto. The Customer shall act in the name and on behalf of all persons specified in Annex 2 hereto, be responsible for the timeliness and completeness of all terms contained herein and shared with these persons, as well as for the completeness and accuracy of information provided to the Contractor in connection with this Contract.
3.3.7. Immediately (within 24 hours), inform the Contractor in writing of any non-provision or improper provision of any services specified herein.
3.4. The Customer and (or) any Tourists specified in Annex 2 hereto shall be entitled to:
3.4.1. Top quality services included in the scope of a tourist product.
3.4.2. Clarification of any provided information, amendments or termination of this Contract to the extent permitted under applicable law.
3.4.3. Compensation of losses to the extent permitted under applicable law, in case of any default (improper performance) by the Contractor hereunder.
3.4.4. The conclusion of voluntary personal or property insurance contract for the period of tourist services provision.
3.5. The parties agree that, due to any reasons beyond their control and preventing the provision of any tourist service within a tourist product, the Contractor may, with the approval of the Customer (Tourists), replace the relevant service. If, as a result of such replacement, the cost of a tourist product grows, the Contractor may charge extra payment from the Customer (Tourist). If, as a result of such replacement, the cost of a tourist product decreases, the corresponding difference shall be refunded to the Customer (Tourist).
3.6. If there are any minors in the group of Tourists, the Parties shall assume the following additional obligations:
3.6.1. The Customer shall execute and provide the Contractor with all documents required by law and connected with the provision of tourist services for minors as specified herein.
3.6.2. The Contractor shall arrange, subject the laws in effect, transportation of minors, as well as monitor the compliance by its counterparty carriers with the requirements adopted for the transportation of minors in the process of providing tourist services.
4.1. The Contractor's responsibilities:
4.1.1. The Contractor shall be responsible for the proper fulfilment of obligations hereunder, subject to the full and timely payment by the Customer for a tourist product.
4.2. The Contractor assumes no responsibility to the Customer (Tourist):
4.2.1. For any impossibility to provide services due to unreliability and insufficiency of details and documents, as well as their untimely provision by the Customer (Tourists).
4.2.2. For reimbursement to the Customer (Tourists) of any expenses beyond the scope of services provided by, or agreed with the Contract.
4.2.3. For the safety of any property owned by the Customer (Tourists), except when such responsibility is directly specified in the laws of the Russian Federation.
4.2.4. For any losses of the Customer (Tourist) connected with their action (omission, negligence, imprudence), including due to alcohol or drug abuse.
4.2.5. For the quality and safety of goods and services purchased by the Customer (Tourist) on their own (or provided to the Customer (Tourist) by any third parties free of charge), as well as for any losses and damage inflicted on the Customer (Tourist) due to the purchase of such goods and services.
4.3. The Customer's (Tourist's) responsibility:
4.3.1. The Customer (Tourist) shall be responsible for the timeliness and reliability of information provided to the Contractor.
4.3.2. The Customer (Tourist) shall assume liability for the damage caused to the Contractor through default or improper performance by the Customer (Tourist) hereunder.
4.3.3. The Customer (Tourist) shall be liable for any damage caused to any property of third parties (counterparties of the Contractor) involved in the provision of services hereunder.
4.4. Any responsibility issues of the Parties not covered herein shall be resolved subject to the laws in effect.
4.5. Any unforeseen force majeure circumstances, i. e., natural disasters, epidemics, hostilities, terrorist acts, strikes, and other uncontrolled and unavoidable phenomena and events that make it impossible to fulfill this Contract, shall release the Parties from mutual obligations hereunder without any compensation for the inflicted damage.
4.6. Any mutual claims of the Parties hereunder shall be resolved amicably at first instance. In case of failure to reach any agreement on a dispute, the Customer (Tourist) shall make a written claim to the Contractor and attach necessary documents. The claim shall be made by the Customer (Tourist) within 20 (twenty) days after the provision of tourist services. The Contractor shall deal with the claim within 10 days from the date of its receipt. Any further dispute shall be taken to court as prescribed by law.
5. AMENDMENT AND TERMINATION
5.1. This Contract can be amended and terminated on the grounds and in the manner prescribed by applicable law and the Contract.
6. FINANCIAL PROTECTION
6.1. Financial protection: tour operator civil liability insurance contract.
Amount of financial protection (insurance amount): ₽500,000
Contract: N 090/17-49 of September 15, 2017
Period of financial protection: from 26/11/2017 through 25/11/2018
Insurer providing financial protection: GUIDE Insurance Company PJSC
Address (location) of the insurer: Lit. A, Ligovsky Ave. 108, St. Petersburg
BRANCH: Anokhina Str. 12, Petrozavodsk
6.2. The Customer (Tourist), within the limits of the specified insurance amount, may bring a claim on the insurance policy directly to the Insurer at the specified address within the limitation period established by the laws of the Russian Federation.
The covered reasons shall be the recognition by the Insurer or the court of the occurred insured event.
The insured event shall be the incurrence of the Contractor's liability to compensate the Customer (Tourist) any real damages resulting from any default or improper performance hereunder, provided that such default or improper performance occurred during the insurance contract.
The event shall be deemed insured if:
- the liability of the Contractor to compensate for any real losses to the Customer (Tourist) is confirmed by court or a voluntary decision of the Contractor as consulted with the Insurer;
- failure to perform or improper performance hereunder shall constitute a material breach of this Contract;
- real losses incurred by the Customer (Tourist) are directly linked to the failure or improper performance of the Contractor's obligations hereunder.
Dealing with the insurance claim, the Insurer must have a claim (application), which contains:
- full tourist's name, as well as information about any another Customer;
- date of issue, validity period and other details of the insurance contract;
- reference and effective date of the sale contract for tourist product;
- name of the Contractor;
- details of any circumstances confirming default or improper performance by the Contractor hereunder;
- reference to the circumstances that served as the basis of the insurance claim;
- amount of money payable to the Customer (Tourist) due to any default or improper performance by the Contractor hereunder.
The following documents must be attached to the claim (application):
- copy of the applicant's ID;
- copy of this Contract with all annexes;
- documents confirming real losses suffered by the Customer (Tourist).
7.1. This Contract takes effect when signed by the Parties and shall be valid until the Parties fulfill their obligations in full.
7.2. Annex 1 with the description of a tourist product, and Annex 2 with the list of Tourists, as well as any other additions, supplements and annexes agreed and signed by the Parties shall be made part of this Contract.
Addresses and details of Parties:
SIVER LLC Travel Company
registered address:Apt. 2, Nekrasova Str. 25, Petrozavodsk
principal place of business: Kuybysheva Str. 10, Petrozavodsk
tel./fax (8142) 594078, mobile 8911 414 44 01
Bank account 40702810125000174646
Karelian branch N 8628 of Sberbank of RUSSIA, Petrozavodsk, Republic of Karelia
Corr. acc. 30101810600000000673
CEO: Elena V. Fomkina