KOLSKY REGION LLC, hereinafter referred to as the "Contractor", publishes this Agreement, which, in accordance with Art. 435 of the Civil Code of the Russian Federation (CC RF) is an offer sent to any capable individual. According to paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, this Offer is public.
The contract is concluded by accepting the offer by the responding person - the Customer. The written form of the Agreement is considered to be complied with by virtue of Art. 434 of the Civil Code of the Russian Federation. In accordance with Art. 438 of the Civil Code of the Russian Federation, full and unconditional acceptance of this public offer is the fact that the Customer sends an application to the Contractor for the provision of excursion services by filling in a form on the web site or making an advance payment for the proposed service.
Carefully read the terms of this agreement before sending the Application for excursion services or making payment. By submitting an application for receiving tourist services or making payment for them (both in full and in part), you confirm your agreement with the conditions below. This Offer Agreement (hereinafter referred to as the "Agreement" and "Offer" - these concepts are identical) - is an open and public document. The current version of the Agreement is located on the Internet at: https://kolskiykray.ru/dogovor-oferta
1.1. In this Offer, the following terms are used in the following meaning:
1.1.1. Website, Site - a specialized online platform (software package), open for free visual inspection, publicly available at https://kolskiykray.ru/
, through which information about the types of services provided by the Contractor is displayed.
1.1.2. Customer - a capable individual who has reached the age of 18, who has the legal right to enter into contractual relations with the Contractor, who has accepted the offer, and is thus the Customer of the Contractor's services under the concluded offer agreement.
1.1.3. Order/Application - a properly completed request of the Customer for the services selected on the website.
1.1.4. Excursion services (Services) - a set of services provided by the Contractor to the Customer on the terms specified on the Site in the description of the Excursion.
1.1.5. Excursion - the organization of visits to places of interest (cultural monuments, museums, enterprises, terrain, etc.), conducted under the guidance of the Contractor (persons involved by him) in accordance with the terms of this Agreement and the description (program) of the excursion.
1.1.6. Payment system - a company that provides a service for accepting electronic payments in favor of the Contractor, both on the website of this company and on the website of the Contractor. Other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation and the usual rules for the interpretation of the relevant terms established on the Internet.
2. Subject of the contract
2.1. The subject of this agreement is the provision of excursion Services by the Contractor to the Customer, in accordance with the Application of the Customer and information about the relevant Service posted on the Site, in accordance with the terms of this Agreement.
2.2. Unless otherwise is not provided by this Agreement and does not follow from the essence of the obligation or the requirements of the law, the contractual rights and obligations of the Customer also apply to tourists in whose interests this Agreement is concluded.
2.3. The services provided by this Agreement are considered rendered to the Customer from the moment the excursion ends.
2.4. Separate conditions (such as the date and time of the commencement of the provision of the Services) may be agreed or changed by the Parties orally, by telephone, with mandatory confirmation of the agreements reached by an SMS message or a message to the e-mail address specified by the Customer. In the absence of objections from the Customer, sent by a response message via the same communication channel, such conditions are considered agreed / changed.
3. Rights and obligations of the parties
3.1. The contractor is obliged:
3.1.1. Provide tourist services fully according to the program chosen by the Customer. The cost of the tour is determined by the Contractor and posted on the Site, in the description of the corresponding tour.
3.1.2. Ensure the quality of the Services provided in accordance with the standards approved by the legislation of the Russian Federation.
3.1.3. Enter data about the Customer in the schedule for the organization and provision of excursion services.
3.1.4. Inform the Customer about the conditions for the acquisition and the content of the Contractor's Services.
3.1.5. Inform the Customer about the rights and obligations of third parties (organizations) directly related to the provision of services.
3.1.6. In case of a change in prices for the services rendered or a change in the terms for the provision of services for reasons beyond the control of the Contractor, inform the Customer in a timely manner.
3.1.7. Timely inform the Customer about all changes in the conditions for the provision of the Services that occurred due to a significant change in the circumstances from which the parties proceeded when concluding this Agreement or due to the occurrence of force majeure circumstances.
3.1.8. Keep confidential data about the Customer (full name, contact details, phone numbers, e-mail addresses, passport details, etc. information) and not transfer them to third parties without the prior consent of the Customer, except when it is necessary for the provision of Services under this Agreement.
3.1.9. The Contractor is not responsible for non-performance of the contract: - in the event of force majeure (natural disasters, wars, epidemics, accidents, etc.); - in case the services were not paid within the agreed terms; - for additional services not provided for by the agreement of the parties, as well as in case of independent change by the Customer of individual elements of the program (excursion program, transfer, late arrival at the place of gathering of the group, etc.), which caused additional costs on the part of the Customer; - for the safety of luggage and personal belongings of the Customer.
3.2. The contractor has the right:
3.2.1. Cancel the application for the provision of Services in case of non-receipt of an advance payment from the Customer.
3.2.2. Conclude and execute agreements with third parties directly providing services included in the complex of Excursion Services under the Agreement.
3.2.3. Provide transport services, in cases provided for by the nature and description of the Services provided.
3.2.4. Transfer the Customer depending on the specific location in the cabin of the vehicle used to provide the Services, as well as the number and location of seats. Seat numbers are not a mandatory part of the contract.
3.2.5. Cancel the booked Excursion due to the shortage of the group no later than 3 days before the start of the provision of the relevant Service. At the same time, the Contractor shall return to the Customer the prepayment made in full, without paying any compensation, or, by agreement of the parties, may offset the payment made by him against another excursion.
3.2.6. Reschedule excursions by day due to weather conditions (snowfall, ice, high cloudiness, etc.) after prior notice to the Customer.
3.2.7. Refuse to provide services due to: - violation of law and order or causing disturbance to the surrounding Customer; - being during the excursion (including appearing at the meeting place for the beginning of the excursion) in a state of alcoholic or drug intoxication by the Customer or violation of other rules of social behavior; - arrival of the Customer at the start of the Tour in an unhealthy state, with signs of SARS or with signs of fever.
3.2.8. The Contractor has the right to draw up lists of participants (with full name and signature) before providing excursion services.
3.3. The customer is obliged:
3.3.1. Timely pay for the selected Service in accordance with the prices and on the terms established by the Contractor.
3.3.2. To independently familiarize themselves on the Contractor's Website with information about the selected Excursion service (program, date, cost).
3.3.3. Provide the Contractor with genuine, reliable and sufficient personal data necessary for the provision of the Service, including accurate information about your mobile contact phone number, e-mail address, necessary for the Contractor for prompt communication with the Customer.
3.3.4. Comply with safety regulations during the provision of the Tour Service.
3.3.5. Independently ensure the safety of their minor children who take part in the Tour Services.
3.3.6. The Customer is personally responsible for the state of his health and for his safety, as well as for the state of health and safety of his minor children, but has the right to require the Contractor to comply with all safety rules.
3.3.7. Arrive at the place of commencement of provision of Services and departure of transport in time. All costs associated with being late to the place of departure, associated with a violation of the traffic schedule, traffic jams, emergency situations, the Customer shall bear on his own. Failure to appear or being late for departure is equated to a refusal to fulfill the contract.
3.3.8. Comply with the rules for the carriage of passengers, hand luggage and baggage established by the contract with the carrier, as well as transport charters, codes and relevant by-laws.
3.3.9. During the provision of the Service: respect and comply with the law, social structure, customs, traditions, religious beliefs of the place of visit; comply with the established rules for the protection of nature, historical and cultural monuments; observe the rules of personal safety; carry out personal prevention measures for infectious diseases when entering the relevant areas; 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, do not harm the property of third parties; immediately inform the Contractor, as well as representatives of the host party about the non-provision or improper provision of services included in the Tour by third parties; to familiarize other participants of the tour, attracted by the Customer, with the content of the agreement and with all the information provided by the Contractor to the Customer in the event that the Customer has concluded this Agreement not only on its own behalf, but also on behalf of or in the interests of third parties; at the same time, the Customer guarantees that he has the authority to conclude the Agreement in the interests of these persons.
3.3.10. Arrive at the place of commencement of the provision of the Services without delay. In case of a delay of more than 30 minutes, the Excursion Services are considered rendered in full and are subject to payment in accordance with the terms of this Agreement. At the same time, the Contractor has the right to start the provision of Services without the Customer. In this case, any claims regarding the provided Excursion services cannot be made by the Customer. 3.3.11. In the event that the Customer interrupts the excursion before its completion on its own initiative, regardless of the reasons, the Excursion Services are considered rendered and are payable by the Customer in full in accordance with the terms of this Agreement. In this case, any claims regarding the provided Excursion services cannot be made by the Customer.
3.3.12. Follow the rules of the tour, follow the recommendations of the Contractor in the process of conducting the tour.
3.3.13. Independently pay for services provided during the tour by third parties and not included in the Tour services.
3.4. The customer has the right:
3.4.1. Receive from the Contractor the Services approved and agreed with him, in accordance with the terms of this Agreement.
3.4.2. Receive from the Contractor information related to the terms and conditions for the provision of the Services.
3.4.3. In agreement with the Contractor, change the quantitative and qualitative composition of third parties in whose interests this Agreement is concluded. Changes or cancellation will be considered valid upon written request of the Customer to the Contractor and subsequent written confirmation of the change by the Contractor.
3.4.4. Demand a full refund of the prepayment, subject to the cancellation of the excursion booking 7 calendar days before the declared arrival in Murmansk (or at the place where the Services begin).
3.4.5. The customer has the right to receive reference and information materials for the independent organization of their leisure and recreation in Murmansk.
3.4.6. Buy plane or train tickets to Murmansk on your own.
3.4.7. Independently book accommodation (hotels, apartments, hostels, etc.) for the duration of your stay in Murmansk, as well as independently organize transfers from the airport and railway station.
3.4.8. Require the provision of the full program of the excursion published on the Site.
3.4.9. Read this Offer Agreement before making an advance payment.
3.4.10. Request the Contractor to deliver it to any place after the provision of excursion services within the Oktyabrsky, Pervomaisky and Leninsky districts of the city of Murmansk.
3.4.11. Express your claims in writing or orally to the Contractor or one of his representatives.
4. Payment procedure
4.1. The cost of the Excursion services and the amount of prepayment is indicated in the description of the Excursion services posted on the web site. When ordering several Excursion services, their total cost, taking into account possible discounts, is calculated additionally.
4.2. The cost of the Services may change due to the provision of discounts by the Contractor. Information about current discounts is provided to the Customer and is valid at the time of payment. The cost of the Contractor's services for organizing individual excursions is agreed by the Parties individually. 4.3. Immediately after the provision of the Excursion Services by the Contractor (or on the day the Services are provided, depending on the instructions of the Contractor), the Customer pays the remaining cost of the Excursion Services or pays the full cost of the Excursion Services if the advance payment has not been made. Payment is made directly to the Contractor or his representative.
4.4. All additional costs not directly related to the provision of the Tour service (for example, tickets to museums and archaeological areas, transfers, hotels, etc.) and not included in the description of the Tour on the Site, the Customer pays on his own.
4.5. Mutual settlements between the Contractor and the Customer are made in Russian rubles. The cost of the Contractor's Services is not subject to VAT due to the application of the patent system of taxation.
4.6. Upon full or partial payment for the Services, the Customer confirms that he is fully aware, understands the terms of this Offer and accepts them.
4.7. The Customer has the right to pay the cost of services under the Agreement in any of the following ways: - transfer by the Customer of funds to the Contractor's settlement account using the details through the settlement account, bank branch or through an online bank based on the invoice issued by the Contractor; - transfer of funds by the Customer using electronic payment systems on the Contractor's website; - by transferring cash to the representative of the Contractor. The fact of payment is considered to be the receipt of the Customer's funds to the settlement account / cash desk of the Contractor.
4.8. The Contractor has the right not to start the provision of the Services in case of non-receipt of an advance payment from the Customer in the amount specified in the description of the relevant Excursion Services posted on the Site.
4.9. The Customer is responsible for the correctness of filling in the payment details, and also confirms the use of a bank card issued in the name of the Customer.
4.10. The Parties acknowledge and agree that the Contractor shall not be liable to the Customer in case of non-receipt of funds for reasons beyond the control of the Contractor, including, but not limited to: software failures or equipment failure of banks, telecom operators, payment systems and other payment intermediaries , which ensure the acceptance of payments from Customers and their transfer to the Contractor.
4.11. The Parties also acknowledge and agree that the Contractor is not obliged to start providing the Service until the prepayment is made in the amount specified in the description of the selected excursion on the Site.
4.12. The personal information provided when making an online payment (name, address, phone, e-mail, credit card number) is confidential and is not subject to disclosure. Card data is transmitted only in encrypted form and is not stored on the Contractor's Web server. The Contractor recommends checking the security of the browser for online payments, on a special page. The security of processing Internet payments is guaranteed by PJSC SBERBANK (payment service operator). All transactions with payment cards take place in accordance with the requirements of VISA International, MasterCard, MIR and other payment systems. When transferring information, special security technologies for online card payments are used, data processing is carried out on a secure high-tech server of the processing company.
4.13. The return of funds paid by the Customer under this Agreement as an advance payment for Excursion Services is carried out by the Contractor in the same way and to the same bank card with which the Customer made the payment.
5. Delivery and acceptance of services rendered
5.1 By transferring funds (in accordance with clause 4.3. of this Agreement) as payment for the remaining part of the cost of the Excursion Services, the Customer confirms the fact that the Excursion Services have been provided in full and properly.
5.2 If the Customer, through no fault of the Contractor, interrupts the excursion before its completion, the excursion services are considered rendered in full and are subject to payment in accordance with the terms of this Agreement. Claims of the Customer regarding the Tour services in this case are not accepted.
5.3 If the Contractor interrupts the tour before its completion due to its own fault, the Tour services are considered not provided and the Contractor, at the request of the Customer, undertakes to return to the Customer the funds paid by the Customer under this Agreement for the provision of Tour services within 10 calendar days from the date of receiving the relevant request.
6. Responsibility of the Parties and the procedure for the return of funds
6.1. In case of non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
6.2. In the event of the Contractor's unilateral refusal to conduct an excursion or the Contractor's failure to appear at the place of the excursion, regardless of the reasons, the Excursion services are considered not provided. The Contractor, at the same time, refunds the funds to the Customer, at the written request of the Customer, in the amount of the advance payment, if any, was made by the Customer. The Contractor also has the right to offer to provide the Customer with an excursion similar to the Order at other times agreed by the Parties.
6.3. In the event of the Customer's unilateral refusal to execute this Agreement, the amount of the advance payment made by the Customer is refunded in full, based on the Customer's written request, minus the commission of the Acquirer Bank's payment system and the costs actually incurred by the Contractor related to the organization of the Services.
6.4. In the cases provided for by this Agreement or business practices, when it is necessary to send the Contractor a request for the return of funds in the amount of the advance payment made, be guided by the following procedure: the request for the return of funds is sent by e-mail firstname.lastname@example.org; in the return request, the Customer indicates his contact details (namely: last name and first name, passport details, contact phone number, email address, name of the excursion, reason for the return, amount of the return, date of payment, bank card details from which the payment was made) . In case of non-compliance with the requirements specified in this paragraph, the Contractor has the right to refuse to return the funds. Return and transfer of funds, if it is assigned by this Agreement or the law to the Contractor, is carried out within 10 days.
6.5. The Parties are released from liability for failure to fulfill obligations under the Agreement if this is caused by force majeure circumstances (force majeure) in accordance with Part 3 of Article 401 of the Civil Code of the Russian Federation. In the event of the occurrence of force majeure circumstances, the deadlines for the fulfillment of obligations established by the Agreement shall be extended for the period during which the force majeure circumstances are in force. The parties agreed that force majeure circumstances, in particular, but not limited to, include: natural disasters (storm, earthquake), military operations, mass diseases, strikes in the industry or in the region, actions and decisions of state authorities that objectively prevent fulfillment of obligations under the Agreement.
6.6. The Party for which it became impossible to fulfill obligations due to the occurrence of force majeure circumstances is obliged to notify the other Party about this (including by electronic means of communication) no later than 1 (One) calendar day from the moment the force majeure circumstances occurred.
7. Responsibility of the Parties and the procedure for the return of funds
7.1. The relations of the Parties under this Agreement are governed by the legislation of the Russian Federation.
7.2. In the event of disputes and disagreements under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations. As part of the pre-trial settlement of the dispute, the Parties undertake to comply with the claim procedure. The claim is sent to the e-mail address used by the Party in the framework of the execution of this Agreement.
7.3. A written claim to the quality of the Services shall be submitted by the Customer to the Contractor no later than 20 (twenty) days from the end of the excursion and are considered within 10 (ten) days after receipt. During this time, the parties inform each other about the decision.
7.4. If any disputes, disagreements or claims arising from this Agreement or in connection with it, including those relating to its execution, violation, termination or invalidity, cannot be resolved by the Parties in a pre-trial procedure, the dispute of the Parties shall be considered in accordance with the current legislation of the Russian Federation in a judicial proceeding.
7.5. In the part not regulated by the Agreement, the relations of the Parties are regulated by the legislation of the Russian Federation.
7.6. In case of difficulty in interpreting the terms of the Agreement, they are interpreted in accordance with the current legislation of the Russian Federation, taking into account the initial interests of the Parties when concluding the Agreement.
7.7. If any term of this Agreement is invalid in the remainder of this Agreement, this Agreement shall continue to operate as if it did not contain this term.
8. Payment details of the Contractor
LLC KOLSKY REGION
Jur. address: 183052 Murmansk region, Murmansk, st. Shabalina 4, apt. 40
Bank details MURMANSK BRANCH N8627 PJSC SBERBANK account 40702810541000003362 code: 30101810300000000615 BIC: 044705615
Phone: +7 (921) 155-96-52