The text hereafter, the Public Offer Agreement addressed to any person, is the official public offer to make a contract on rendering services according to par. 2 Article 437 of the Civil Code of the Russian Federation . The Agreement is deemed to be concluded and comes into force from the moment you performing the actions covered by the Offer and confirms your unconditional adhesion to all the terms and conditions of the Offer, without any exceptions or restrictions. THE PUBLIC OFFER for sale of hotel services
1. GENERAL PROVISIONS Individual Entrepreneur, Gerasimok Vladimir Mihailovich, hereinafter referred to as the “Provider”, enters into this Agreement with any person, hereinafter referred to as the “Client”. This Agreement is a contract of providing services concluded by public offer and regulates the order of services and the obligations arising as a result of this between the Provider and the Client. The text of this Agreement is available at http://www.artisthostel.ru/contract-offer/
2. SUBJECT OF THE PUBLIC OFFER AGREEMENT
2.1. The subject of the Offer is reservation and sale of hotel services to the Client under the terms of the Offer and in accordance with the tariff plans published at http://www.artisthostel.ru/
3. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Client has the right to
3.1.1. Make an order for reservation hotel services using the Internet, phone call and other means specified by http://www.artisthostel.ru/ At the same time the Client acknowledges that by ordering and using the Provider’s service, he unconditionally accepts the terms and conditions of this Public Offer Agreement regardless of how the order was made.
3.1.2. Cancel the order or change the order only after coordination with the Provider in writing. 3.1.3. Choose the order payment method proposed at the website. 3.1.4. Verify information presented at the booking confirmation or application before booking hotel services. The Client is fully responsible for the accuracy and relevancy of the data he used when ordering.
3.2. The Provider has the right to
3.2.1. Demand from the Client to adhere the compliance with all order procedures and booking of hotel services strictly according to the rules specified by the website http://www.artisthostel.ru/ in this Public Offer Agreement. Regardless the actions the Client committed, the Provider will be responsible for the proper performance of actions and procedures only committed according to full compliance with these rules.
3.2.2. Demand from the Client full agreement with the terms of the Public Offer Agreement. Without agreement with the terms of the Public Offer Agreement to refuse the Client in rendering of service.
3.2.3. Retain or require full-cost payment of all fines (cost of the first night in a hotel or the total amount of the stay) in accordance with conditions specified in the order, in case of changes or order cancellation or no-show. The Client hereby acknowledges the Provider’ actions completely legally valid and has no claims.
3.2.4. Turn on and turn off the server, make preventive measures on the server and other equipment used in rendering services at a convenient time, informing the Clients online http://www.artisthostel.ru/
3.2.5. Provide the Client with information about hotels, rules and conditions of living in them, and methods of payment. In case of payment of the order through a payment terminal to provide the Client with information on the amount of payment agreed with the payment systems involved in the process of booking hotel services. 3.2.6. Demand the payment for the first night or the total cost of the order, depending on the conditions of booking. 3.2.7. Use of third parties to receive payments for services.
3.2.8. In exceptional cases, to replace the hotel room, confirmed earlier, by a room of the same or higher class at no additional charge.
3.3. The Client is obliged to:
3.3.1. Agree to the terms and conditions of the Public Offer Agreement.
3.3.2. Not to proceed to checkout unless you have read the rules of living in the Provider’s hotels. If the Client has started to checkout, the Provider shall be entitled to assume that the Client has carefully read and agreed to the terms and conditions of the Public Offer Agreement.
3.3.3. Provide the necessary personal information in the registration and order (name, phone number, e-mail).
3.3.4. Specify and check the correctness of all information required for order. In case the Client refuses to provide the necessary information, the Provider has the right to define an order.
3.3.5. Pay the total cost of the first night or the total cost of the order by the methods of payment, presented at http://www.artisthostel.ru/ and within the time specified by the Provider when your order processing.
3.3.6. In case of payment by a credit card for the order via the Internet, the Client should use only his own card. To prevent any fraud, the Provider checks the payment and if necessary, contacts the Client to resolve any possible issues. . If the client is not available or the matter remains unresolved, the Provider reserves the right to cancel this order and money will be refunded to the bank card of its owner.
3.3.7. In case of cancellation of the order promptly notify the Provider by phone. 8(800)700-79-90 or 8(495)544-97-78 (with further written confirmation by e-mail firstname.lastname@example.org). Cancellation is considered accepted on the date the Provider receives written confirmation of the cancellation.
3.4. The Provider is obliged to:
3.4.1. Provide the necessary information and instructions for order to the Client. The exhaustive information is considered information published by the Provider on the website http://www.artisthostel.ru/
3.4.2. Provide information about hotels and methods of payment services to the Client. The exhaustive information is considered information provided by the hotels and agreed with them.
3.4.3. Confirm the possibility of providing the Client with hotel services and their price not later than 3 business days from receipt of the order.
3.4.4. If it is impossible to book on conditions declared by the Client, inform the Client about it and offer the booking for alternative conditions.
3.4.5. Accept payment for services from the Client (using third parties) after proper ordering and successful booking of hotel services.
4. Rules of order cancellation, changes or money refund to the Client
4.1. The Client has the right to cancel the order at any time, in accordance with the cancellation deadline. For that it is necessary to call the office and inform about cancellation, provide the reservation number, dates of stay and guests’ names. If you cancel the room in accordance with the rules of the punitive penalties, you will get a refund in full. Cancellation of booking with refund should be made up to 5 days prior to date of arrival. Late cancellation (less than 5 days prior to arrival) or no show to the hotel brings with it charging the Client in favor of the Provider’s penalty in the amount of the first night’s stay of the reservation.
4.2. When changes are made in the order, relating to the terms and conditions of service (change of accommodation object, date of commencement or termination of service, etc.), these changes are considered to be a new order for a reservation of hotel services, the primary order will be canceled. The date of order change or cancellation is the date the Provider receives appropriate written statement from the Client.
4.3. If a guest stays in the hostel less than the planned and paid period of residence, payment for unperformed services is refunded only if a guest has notified in advance about it not later than 5 days prior to the scheduled check-out. In other cases, no refund is given.
4.4. For refund the Client must complete an “Application on refund”, and send it along with a copy of the passport to the email address email@example.com. The originals of the letters on the refund and a copy of the passport are sent to the address: 111558 Moscow, Stalevarov Street, Building 22, Block 2, app.74. Refund will be given to the bank account of the Client, (from which the payment was made) specified in the application, within 10 (ten) working days from receipt of an “Application on refund» by the Company. Refunds can not be given to another person. The buyer has the right to ask any questions by phone 8(800)700-79-90.
4.5. For refund credited to the Company’s account by mistake, through payment systems, the Client must make a written application and a copy of the passport and checks / receipts confirming erroneous crediting of money. The application should be sent to the following address: 111558 Moscow, Stalevarov Street, Building 22, Block 2, app.74, or by e-mail firstname.lastname@example.org. After receipt of a written application with a copy of the passport and checks / receipts, the Company shall refund up to ten (10) working days from the date of receipt of application to the account of the Client, written in the application. In this case, the refund amount will be equal to the value of the order.
4.6. Time limit for consideration of the application and refund to the Client begins to run from the date of receipt of the application by the Company and calculated in working days, excluding holidays / weekends. If the application is received after 6.00 pm of working day or holiday / weekend, moment of receipt of the application is considered the next working day.
5. Liability of the Parties and Dispute Settlement
5.1. The Client acts for all the persons stated in the order (booking) and is liable to the Provider for the truthfulness of their data, fulfillment of the agreement obligations, including those to pay for the services rendered and possible punitive penalties.
5.2. The Provider shall not bear any responsibilities in case of failure to properly render services on his part or on the part of third persons arising from lack, incorrectness and/or insufficiency of data and documents, provided by the Client, or arising from violations of the Public Offer Agreement terms by the Client.
5.3. The Provider shall not bear any responsibilities for failure to accommodate the Client on the first day of check-in it was requested and as a result a possible no check-in to the hotel.
5.4. The Provider shall not bear any responsibilities if he fails to fulfill the Client’s subjective evaluation of the services. 5.5. The Parties will make effort to agree on controversial issues via negotiations. If it is impossible to agree via negotiations, the disputes will be referred to the Arbitration Court of Moscow.
5.6. In all other cases not provided for herein, the Parties shall be governed by applicable law of the Russian Federation. All the disputes arising from the Public Offer Agreement shall be subject to consideration in the courts of the Russian Federation in accordance with applicable law of the Russian Federation.
6. Force majeure
6.1.The parties shall be released from the terms of this agreement due to force-majeure circumstances beyond the Parties’ control. In such case timing for the implementation of obligations of the present Public Offer Agreement shall be extended for a period equal to that during which such circumstances and their consequences will remain in force without payment of damages.
6.1.2. Force majeure circumstances include natural disasters, fire, military actions of any kind, sudden currency fluctuation, coups, severe measures taken by the public authorities or municipal services, communications and electricity blackout, influence of software of a destructive nature, abusive activity of third persons, aimed to get illegal access and/or to break and put out of action software and/or hardware complex of the Parties, acts of terrorism, and other circumstances, making impossible proper execution of provisions hereto by the Parties.
6.2. The Party to whom it becomes impossible to meet its obligations undertakes to immediately advise the other party of the commencement and cessation of the abovementioned circumstances (not later than 5 working days) in written form.
6.3. In the case of a dispute about the beginning, duration and end of the force majeure, the competent authority’s opinion at the location of the Party will be an appropriate and sufficient evidence of the beginning, duration and end of such circumstances.
6.4. Failure to notify or untimely notification deprives the Party of the right to refer to any of the above circumstances as a reason relieving from liability for non-performance of any obligation of the Public Offer Agreement.
6.5. If the impossibility of complete or partial performance of an obligation lasts for more than 30 calendar days, each of the parties shall have the right to cancel the contract totally or partially upon written notice to the other party.
7. Modification and Termination of the Agreement
7.1. This Agreement shall enter into force from the date of booking the services by the Client and shall be valid permanently.
7.2. The Client has the right to deny service to the Provider at any time. The Client’s denial shall entail termination of all the responsibilities of the Provider of the date of such denial.
7.3. The Provider has the right to unilaterally cancel the Public Offer Agreement without giving explanation.
7.4. The Client has the right to unilaterally cancel the Public Offer Agreement according to order cancellation rules (cancellation with refund 5 days prior to check-in).
7.5. The Provider may amend this Public Offer Agreement and its Annexes, add new Annexes without a prior notice to the Client. The Client, being aware of such possible amendments, hereby does agree that they will be made. If the Client continues using the Provider’s services after such amendments, it shall mean that the Client agrees to the amendments.
8.1. The Client is guaranteed confidentiality of the data provided for the purpose of reservation of hotel services.
9. The Provider’s details Individual Entrepreneur Gerasimok Vladimir Mihailovich Lefortovskoye OSB № 6901 Moscow ITN: 772065154020
Bank: OJSC “Sberbank of Russia”,
Moscow BIC: 044525225
Natural Person State Registration Certificate as an individual entrepreneur Series 77 № 010320068 dtd. 31.08.2009 Reg. number: 309774624301015