Krasnodar
GENERAL PROVISIONS
This document is an official proposal by Gorny Gid LLC (hereinafter the “Company”) to conclude a contract on the terms set out below. The contract and the appendices which form an integral part of it are posted on the Internet on the Company’s official site https://mountainguide.ru and are provided to the Client for review as a matter of course at the time of booking, and (or) are sent to the Client by electronic and other forms of communication. In accordance with Article 435 of the Civil Code of the Russian Federation this document is an offer.
The contract is concluded by the acceptance of the Company’s offer by the person responding to the offer (hereinafter the “Client”). The written form of the contract is deemed to have been observed by virtue of Article 434 of the Civil Code of the Russian Federation.
Full and unconditional acceptance of the offer consists in the Client’s performance of acts to carry out the terms of the contract set out in the offer, including the making of full or partial payment under the contract.
The offer may be withdrawn by the Company at any time before it is accepted.
1. SUBJECT MATTER OF THE CONTRACT
1.1. The Company undertakes, on the Client’s instructions, to provide services for the booking and payment of a tourist product in the manner and within the time limits established by the contract, and the Client undertakes to pay for those services. Wherever the Client is referred to in the text of the contract, this also means the third parties in whose interests the Client is acting and the persons accompanying the Client, or accompanied by the Client, including minors. The Client’s instructions and the Client’s requirements for the tourist product are set out in the Application for the booking of a tourist product (hereinafter the “Application”), which the Client sends to the email address specified by the Company in the details of this contract or through the Company’s official site.
1.2. A tourist product meeting the Client’s requirements set out in the Application is put together by the Company, and the details of that product are contained in the appendix to the contract. The Company is the person (the contractor) which arranges for the services included in the tourist product to be provided to the Client during the journey, and is liable to the Client for the failure to provide, or the improper provision of, the services included in the tourist product, irrespective of who was to provide or did provide those services.
1.3. The set of services included in the tourist product may comprise: accommodation services; carriage services and transfers; excursion services; medical insurance; and the other services specified in the appendices to this contract.
1.4. The Company provides the Client with accurate information on the composition and characteristics of the services included in the tourist product. The services included in the tourist product are provided to the Client directly by the Tour Operator (the Company) and also by third parties — the carrier, the hotel or other accommodation facility, the insurer and the other persons providing the services included in the tourist product.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Company undertakes:
2.1.1. To provide services for the booking and payment of a tourist product in the manner and within the time limits established by this contract.
2.1.2. To provide the Client with information:
- on the consumer properties of the tourist product meeting the Client’s requirements set out in the Application;
- on the customs of the local population, on religious rites, on shrines, on the monuments of nature, history and culture and other objects of tourist interest that are under special protection, and on the state of the natural environment (to the extent necessary for making the journey);
- on the national and religious characteristics of the place of temporary stay;
- on the dangers the Client may encounter in making the journey;
- on the procedure and time limits for the Client to bring claims against the organisation which provided the Tour Operator with financial security, about that organisation, and about the grounds for making payments under the tour operator’s liability insurance contract and under the bank guarantee. The said information is provided to the Client by being included in the appendices to this contract, and also orally by telephone and (or) by sending the information to the email address given by the Client in the Application. The Client is obliged to read the information provided before booking and making payment under the contract. By expressing agreement with the terms of the offer and of the contract, and by making a booking and (or) payment under the contract, the Client confirms receipt from the Company of the necessary and accurate information.
2.2. The Company has the right:
2.2.1. To refuse to perform the contract where the Client breaches the payment procedure established by the contract, and also where the Client fails to provide, or provides late, the information and documents necessary for the performance of the contract, or breaches other obligations established by this contract, applying the consequences provided for by clause 5.4 of this contract. In the said cases the consequences provided for by part 2 of Article 781 of the Civil Code of the Russian Federation may also be applied.
2.3. The Client undertakes:
2.3.1. Before booking and making payment under the contract, to obtain the information to the extent provided for by clause 2.1.2 of the contract; and where necessary, to obtain information from the Company’s staff orally and (or) in writing by electronic or other means of communication.
2.3.2. To pay the price of the contract in good time in accordance with section 3 of the contract.
2.3.3. To provide the Company with the set of documents necessary for the performance of the contract within the established time limits. The Client is notified of the particular set of necessary documents and of the time limit for their submission by the inclusion of a list of such documents in the booking Application and (or) by the posting of the corresponding information on the Company’s site. By making a booking and (or) payment under the contract the Client confirms their consent to the provision of the corresponding information.
2.3.4. To provide the Company with accurate information about their address, telephone number and email address, which the Company needs in order to contact the Client promptly.
2.3.5. To notify the Company in writing in good time of circumstances preventing the journey from being made, which include, but are not limited to: illnesses of any kind suffered by the Client and the medical contraindications associated with them, and the need for the Client to obtain special permits or approvals from third parties or from the competent authorities. The information referred to in this clause is submitted by the Client by email or by other means of communication. Where performance of the contract becomes impossible in connection with the said circumstances, the contract is deemed not to have been performed through the fault of the Client.
2.3.6. In good time (and no later than the day before departure) to check with the Company the time and place of departure, the dates of the journey, the schedules of flights and trains, the place and time at which the group assembles, and other material information.
2.3.7. Before the start of the trip, to obtain the documents necessary for making the journey. The documents are transferred by electronic means of communication. The Client is obliged to read the content of the documents received and to notify the Company without delay of any errors discovered. The Client agrees to receive the documents necessary for making the journey no later than 24 hours before the start of the journey. The Company is not responsible for the operation of the communication channels, and accordingly the obligation to check the time limits for receiving the documents rests with the Client.
2.3.8. To arrive in good time at the airport (or the station) at the meeting place set by the Company. Failure to appear, or lateness, for departure for any reason is treated as the Client’s refusal to perform the contract. The dates of the trip may be changed only by prior written agreement with the Company, in the absence of which the Client will not be provided with hotel accommodation if the Client arrives at the hotel independently earlier or later than the agreed date.
2.3.9. To observe the rules for the carriage of passengers, hand luggage and baggage established by the contract with the carrier, and also by the transport charters and codes and the corresponding subordinate legislation.
2.3.10. To observe the legislation of the place of temporary stay and to respect its social order, customs, traditions and religious beliefs.
2.3.11. To observe the rules of personal safety during the journey.
2.3.12. To treat the property of third parties with due care and prudence, to observe the rules for the use of such property established by third parties, and not to cause damage to the property of third parties.
2.3.13. To inform the Company, and also the representatives of the receiving party, immediately of any failure by third parties to provide, or any improper provision by third parties of, the services included in the tourist product.
2.3.14. To acquaint the participants in the journey named in the Application with the content of the contract and with all the information provided by the Company to the Client, where the Client has concluded this contract not only in their own name but also in the name of or in the interests of other persons named in the contract; in doing so the Client warrants that they hold the authority to enter into the transaction in the interests of others. The Client and the tourists are obliged to comply with the terms provided for by the terms of the contract. The Client undertakes to the Company to answer for the tourists’ compliance with the obligations provided for by the terms of this Contract.
2.3.15. To ensure the proper protection of the confidential information relevant to the performance of this contract, not to disclose the email addresses used in booking or other information, and to take measures to protect the communication channels used in booking against unauthorised access by third parties.
2.4. The Client has the right:
2.4.1. To receive, on conclusion of the contract, the information provided by the Company in accordance with clause 2.1.2 of the contract.
2.4.2. To refuse to perform this contract on condition that the Client pays the Company the expenses it has actually incurred in connection with the performance of its obligations under this contract.
2.4.3. To claim compensation for losses and compensation for moral harm where the terms of the contract are not fulfilled, in the manner established by the legislation of the Russian Federation.
3. PROCEDURE FOR THE PROVISION OF SERVICES. PAYMENT TERMS
3.1. The Client selects a tourist product on the Company’s official site https://mountainguide.ru and receives the necessary and accurate information about the tourist products. The information is presented to the Client in a clear form on the Company’s site in the corresponding sections and, where necessary, can be clarified with the Company’s staff directly and (or) by email.
3.2. Having selected a tourist product and received the necessary and accurate information, the Client sends the Company an Application for the provision of a tourist product by email or through the Company’s site.
3.3. The Client’s Application must contain the following information:
- the surnames and first names of the tourists, their sex, date of birth, passport number and registered address;
- the dates and route of the journey;
- whether additional services need to be included in the tourist product;
- other terms and information relating to the tourist product.
The Client is obliged to submit the said information to the Company when booking.
3.4. The Company informs the Client of the status of the Application by sending the corresponding information to the Client’s email address.
3.5. Within 3 working days the Company informs the Client whether it is possible to provide the services for the booking and payment of a tourist product corresponding to the characteristics set out in the Application.
3.5.1. Where there is no tourist product corresponding to the Client’s requirements set out in the Application, the Company has the right to offer the Client an alternative tourist product or to refuse to perform the contract.
3.5.2. Where a tourist product corresponding to the Client’s requirements set out in the Application is available, the Company issues the Client with an invoice for payment. The invoice for payment is sent to the Client’s email address.
3.6. The Client makes payment in the manner and within the time limits set out in the contract. The minimum advance payment is made in the amount of 30% of the tourist product. Full payment of the price of the contract must in any event be made by the Client no later than 10 (ten) days before the start date of the journey and, where the invoice specifies a different time limit or the Company sends a corresponding demand, within a different and possibly shorter time limit.
3.7. The obligation to provide the tourist product under this contract does not arise until the price of the contract has been paid in full (and, where the price of the contract is increased, until the additional payment has been made). Until the Client has paid for the services in full, the Company has the right to refuse to perform the contract at any time. By making payment under the contract, in full or in part, the Client confirms the fact of receipt of the necessary and accurate information, the fact of having read and agreed to the text of the Application, and the fact of receipt of information about the time at which the documents necessary for consuming the services included in the tourist product will be received.
3.8. All types of payment under this Contract are made in roubles. Where the cost of the tour is stated in euros or US dollars, the invoice is issued at the exchange rate of the Central Bank of the Russian Federation on the day of payment plus 4.5%. We reserve the right to issue an invoice for an additional payment if the exchange rate at the time the money is credited to the account differs by more than 2% from the rate on the day the invoice was issued.
3.9. Settlements between the Company and the Client are made using payment cards, by bank transfer, or by the Client paying the money in at the cash desk of an authorised bank.
3.10. In the event of an increase in transport tariffs and (or) the introduction of new taxes and charges or an increase in existing ones and (or) a change in national currency exchange rates, including where the said circumstances arise after the Client has paid for the Contract in full, the price of the contract is recalculated and the Client pays the difference in price.
4. TERM OF THE CONTRACT.
4.1. This contract comes into force from the moment of signing and is valid until the end date of the journey.
5. AMENDMENT AND TERMINATION OF THE CONTRACT
5.1. This contract may be amended or terminated by agreement of the parties or on other grounds provided for by the applicable legislation or by this contract.
5.2. Either party has the right to demand the amendment or termination of the contract in connection with a material change in the circumstances from which the parties proceeded when concluding the contract. Material changes of circumstances include: a deterioration in the conditions of the journey, a change in the dates of the journey, an unforeseen increase in transport tariffs, and the impossibility for the Client to make the trip owing to circumstances beyond their control (the Client’s illness and other circumstances). Where the contract is amended or terminated on the said grounds, the consequences provided for by the applicable legislation of the Russian Federation apply.
5.3. Either party has the right to demand the amendment or termination of the contract through the courts where circumstances arise which show that a threat to the safety of the Client’s life and health, or a danger of damage to their property, has arisen in the place of the Client’s temporary stay. The existence of circumstances showing that a threat to the safety of the Client’s life and health, or a danger of damage to their property, has arisen in the place of the Client’s temporary stay is confirmed by the corresponding decisions of the federal state authorities, the state authorities of the constituent entities of the Russian Federation and the local self-government bodies, taken in accordance with federal laws. Where the contract is terminated before the start of the journey in connection with the occurrence of circumstances showing that a threat to the safety of the Client’s life and health, or a danger of damage to their property, has arisen in the place of the Client’s temporary stay, the money is refunded in the manner established by the legislation of the Russian Federation.
5.4. Where the contract is amended or terminated and (or) the Client refuses to perform the contract and (or) refuses the Company’s services, and also in the cases listed in clause 7.1 of the contract and (or) where performance of the contract is impossible owing to circumstances for which neither party is responsible, the Client is obliged to reimburse the Company for the expenses incurred by the Company in performing the contract, including the money transferred or to be transferred by the Company to service providers, tour operators and other persons. Late or incomplete payment of money by the Client under this contract, and failure to submit the documents required by the Company and necessary for the performance of the contract, are treated by the parties as impossibility of performance of the contract through the fault of the Client, with the application of the consequences provided for by part 2 of Article 781 of the Civil Code of the Russian Federation.
5.5. Where the Contract is terminated at the Company’s initiative, the sum paid is refunded to the Client in full.
5.6. Where the Contract is terminated at the Client’s initiative without regard to the circumstances set out in clause 5.2, the Company refunds to the Client the money paid under the contract less the expenses incurred in connection with the performance of this contract. The amount of the deduction is determined according to the time remaining before the start of the tour.
% of the cost of the tour deducted Cancellation period
0% More than 30 days
30% From 30 to 21 days
50% From 20 to 8 days
100% 7 days or fewer
5.7. Amendments and additions to the contract may be made by the parties signing supplementary agreements or Applications.
5.8. Amendments to the contract are made by the exchange of documents using electronic means of communication. The Client’s agreement to the amendments proposed by the Company, received using electronic means of communication, is equivalent to the parties completing a new Application or making the amendments on paper. The performance by the Client of acts to carry out the contract signifies the Client’s agreement to the terms of the contract and to the amendments proposed by the Company. The Company has the right to require the amendment of the contract to be made on paper.
6. LIABILITY. PROCEDURE FOR SUBMITTING CLAIMS
6.1. Liability to the Client for the failure to provide, or the improper provision of, the services included in the tourist product rests with the Company (the Tour Operator), details of which are contained in the Appendix to this contract. The Company (the Tour Operator) is liable to the Client for the failure to perform, or the improper performance of, its obligations under the contract for the sale of a tourist product concluded between the client and the tour operator.
6.2. Should there be any comments about the quality of the services provided during the journey and listed in the Application, or comments about the acts of the third parties directly providing services to the Client, the Client is advised to contact the (Company) Tour Operator and the local representatives of the receiving party immediately, on the telephone numbers given in the appendices to the contract, and in the information sheet.
6.3. Where the problem that has arisen is not settled on the spot, claims about the quality of the tourist product are submitted by the Client to the Company (the Tour Operator) in writing within 20 days of the date on which the contract ends, and are considered within 10 days of the date on which the claims are received.
6.4. Information on the procedure and time limits for the Client to bring claims against the organisation which provided the Tour Operator with financial security, and information about the grounds for making payments under the tour operator’s liability insurance contract and under the bank guarantee, are contained in the appendix to this contract.
6.5. This contract establishes a mandatory pre-trial procedure for the settlement of disputes. Where disagreements arise under the contract between the Client and the Company, the dispute is resolved through the claims procedure, by the sending of claims and of replies to claims.
6.6. Where agreement is not reached out of court, the dispute is resolved in court in accordance with the legislation of the Russian Federation.
6.7. The Company is not liable to the Client for expenses incurred by the Client, for the failure to provide services to the Client, or for other adverse consequences arising:
- as a result of the inaccuracy or insufficiency of, or delay in, the Client’s provision of the information and documents necessary for the performance of the contract;
- as a result of the cancellation of flights or trains or a change in their departure times;
- as a result of the loss, mislaying or theft of the Client’s personal baggage, valuables or documents during the trip;
- as a result of a gross breach by the Client of the safety rules on the route, including driving a vehicle in a state of intoxication;
- where, as a result of the absence of proper documents or a breach of the rules of conduct in public places, the Client is refused the opportunity to fly on an air ticket or to stay in a booked hotel.
6.8. Losses caused to the Client as a result of the cancellation of flights, trains, vessels and other means of transport, or of a change in their departure times, are the responsibility of the carrier in accordance with Russian and international transport legislation. A contract for the carriage of a passenger by air or rail — an air ticket, a railway ticket or another transport document issued in the Client’s name — is an independent contract between the Client (the passenger) and the carrier. As regards the quality of the services provided by the carrier, the Client has the right to bring claims directly against the carrier.
6.9. Where the Client’s acts have caused damage to the Company or to third parties, losses are recovered from the Client in the amounts and in the manner provided for by the applicable legislation.
6.10. The Client is responsible for ensuring proper protection against the unauthorised use by third parties of the confidential information relevant to the performance of this contract, including the Company’s email addresses. Any acts using the said data may be deemed to be acts of the Client.
7. FORCE MAJEURE CIRCUMSTANCES
7.1. The Company is released from liability for partial or complete failure to perform its obligations under this contract if such failure has occurred as a result of force majeure circumstances, including earthquakes, floods, tsunamis, fire, typhoons, snowdrifts, military action, mass illness, strikes, restrictions on transport, prohibitions on trading operations with particular countries, acts of terrorism and other circumstances beyond the Company’s control. Should force majeure circumstances arise, either party has the right to refuse to perform the contract, with the application of the consequences of clause 5.4 of this contract.
8. OTHER TERMS OF THE CONTRACT
8.1. All appendices and additions to this contract form an integral part of it.
8.2. Before booking and making payment under the contract the Client has read the information provided by the Company in accordance with clause 2.1.2 of this contract, and also the information:
- on the schedules of the carriers’ flights and trains and the time and place at which the group assembles;
- on the conditions of accommodation and meals at the accommodation facility and on the procedure for the provision of services;
- on the rules of conduct during the tourist trip;
- on the state of the natural environment at the place of the holiday and on the particular features of the weather conditions;
- on the sanitary and epidemiological situation in the place of temporary stay;
- on the dangers that may be encountered in making the journey.
8.4. The Client is warned of and agrees that in exceptional cases the Tour Operator may replace services included in the tourist product with equivalent services without charging the Client any additional payment.
8.5. By agreeing to the terms of the offer, the Client and the participants in the trip named in the contract, in the booking application and in the appendices to it give their consent to the processing of personal data, which include: surname, first name and patronymic, date and place of birth, sex, passport series and number and other passport details; address of residence and registered address, home and mobile telephone numbers, email address; biometric data; information (including the address, work telephone number, position and dates of employment) about the current place of work and previous places of work; information about the state of health; and any other data which the Client has communicated on conclusion of the contract or in the course of its performance. The Client is obliged to obtain, and warrants that they hold, the authority to submit the personal data of the participants in the trip named in the contract and in the appendices to it. On conclusion of the contract the Client confirmed their authority to submit the said personal data. The Client is obliged to reimburse any expenses connected with the Client’s lack of the corresponding authority, including losses connected with sanctions imposed by the supervisory authorities. The processing of personal data is carried out by the Company (the Tour Operator) and (or) by the service providers for the purposes of performing the contract (including, depending on the terms of the contract, for the purposes of issuing travel documents, booking rooms at accommodation facilities and with carriers, transferring data to the consulate of a foreign state, resolving claims should they arise, and submitting information to the authorised state bodies, including at the request of the courts and the internal affairs authorities) and includes the collection, systematisation, accumulation, storage, clarification (updating, alteration), use, dissemination, depersonalisation, blocking and destruction of personal data. The Client has been informed that their personal data may be processed both by automated and by non-automated methods of processing. The Client agrees that the Company (the Tour Operator) has the right to entrust the processing of the Client’s personal data to another person. The Client consents to the cross-border processing of their personal data. This consent is valid for an indefinite period. The consent ceases to have effect on the basis of a written statement which is signed by the Client and handed over, or sent by registered letter with acknowledgement of receipt, to the Company (the Tour Operator) and to the service providers. The Client consents to the processing of their personal data up until the Client hands over a statement withdrawing consent to the processing of personal data. The rights of a personal data subject have been explained to the Client and are understood by them.
9. COMPANY DETAILS:
Gorny Gid Limited Liability Company
Actual address: 350059, Krasnodar Territory, Krasnodar, Tikhoretskaya St., building No. 5/1, premises 5/2
Registered address: 350059, Krasnodar Territory, Krasnodar, Tikhoretskaya St., building No. 5/1, premises 5/2
Telephone: +7(906)4333-557, +7(918)340-07-03
INN: 2310194039
KPP: 231001001
OGRN: 1162375032710
Settlement account in roubles: 40702810326150000705
Bank name: Bank “ROSTOVSKY” BRANCH OF JSC “ALFA-BANK”
Correspondent account: 30101810500000000207
Bank BIC: 046015207