Moscow 2016
1. General Provisions
1.1. The present document is an official, public offer made by the Limited Liability Company "Horizont" to individuals and legal entities to enter into a services agreement on the conditions stated hereafter.
In accordance with Item 2 article 437 of the Civil Code of the Russian Federation (hereinafter - the Civil Code) this document is the public offer.
1.2. This public offer invites to conclude a Tour services contract in a special order by accepting the offer without its signin by the parties, all essential terms to the contract are included herein. The Contract is legally binding in accordance with Article 434 of the Civil Code of the Russian Federation. It is equivalent to the contract signed by the parties.
1.3. This Contract shall be considered to be concluded since it is accepted and is valid until the Parties fulfill all their obligations hereunder. Acceptance of the offer is equivalent to the conclusion of the Contract on the terms set out in the offer.
1.4. The fact confirming acceptance of the following terms and acceptance of this public offer is the payment for the excursion and other services specified in cl. 2.1 and 2.2. hereof. Cash inflows to the account of "Horizon" LLC shall be considered as payment for the services.
1.5. This offer is not irrevocable and can be withdrawn at any time until its acceptance.
1.6. Acceptance of the offer means that the Customer agrees with all the provisions of this offer. If the Customer disagrees with any clause of this offer, he can refuse to accept the Contract and conclude an individual contract with Horizont LLC on individually negotiated terms.
1.7. Limited Liability Company "Horizont", hereinafter referred to as the Contractor, represented by the Director General Olga Pudova, acting in accordance with the Company's Charter, on the one hand, and a visitor of the web-site www.meetmycountry.ru - an individual or a legal entity, hereinafter referred to as the Customer, on the other hand, have agreed as follows:
2. Subject of the Contract
2.1. The subject of this Contract is to provide excursion and other services hereinafter referred to as the Services by the Contractor to the Customer, in accordance with the conditions of this public offer.
Excursion services hereby mean the following:
1) a tour with a prior formation of a special excursion program negotiated with the Customer;
2) a standard sightseeing tour, a tour of a museum or other objects of tourist showing.
A detailed description of standard sightseeing tours offered by the Contractor is available on the Performer's web-site www.meetmycountry.ru.
2.2. Prior negotiated with the Customer the list of Services specified in cl. 2.1 includes:
a) excursion services (selection of a guide and guide services);
b) booking and purchasing tickets to museums and any entertainment programmes;
c) providing of transportation (according to the number of tourists);
d) transfers for tourists (meeting and seeing off to the train station, airport, etc.);
e) booking hotels and other places of residents;
f) business support (providing an interpreter, a personal secretary);
g) meals and catering services;
h) additional services as requested by the Customer.
2.3. Customer requirements to the selected services are reflected in the booking order of tour services (hereinafter - Order) posted on the web-site in the Customer Personal Account.
2.4. Terms of an excursion programme and other services specified in cl. 2.2. are indicated in the invoice and in the tourist voucher for rendered services provided to the Customer, after prior negotiation with the Customer
The voucher is an inseparable part of the Сontract and is provided to the Customer after the invoice is paid under cl 2.5 and 2.6. The voucher confirms payment for the services and the Customer`s entitlement to the services. The voucher can be presented both on paper and electronically.
2.5. The Contract is considered to be concluded and enters into force for the parties from the date the payment is performed by the Customer.
The date of payment is:
- the date the funds are credited to the account of Horizont LLC
- or the date of making cash payment to the Perfomer.
2.6. Payment shall be made in the 100% amount (other order of payments is possible only in exceptional cases if prior negotiated with the Contractor).
2.7. If the payment is not carried out via the on-line system on the Contractor`s website, the Customer shall send details of the payment document to the Contractor via e-mail, in order to obtain the services.
2.8. Unless otherwise stipulated by the Contract, or follows from the essence of the obligation and the requirements of the law, contractual rights and obligations of the Customer shall also be applied to third parties, on whose behalf this Contract is concluded.
3. Rights and obligations of the parties
3.1. Contractor is required to:
3.1.1. Receive a Request from Customer and provide him with details of the planned sightseeing and other services, the arrangements for their acquisition, their price and time frame (date and route).
3.1.2. Provide Customer with the sightseeing and other services (as per dates and programmes) paid for by Customer during the life of the offer.
3.1.3. Notify Customer of changes and additions to the offer by publishing its new version on the Internet at: www.meetmycountry.ru.
3.1.4 Provide information support to Customer using email and other means available to Contractor.
3.1.5. Send Customer, once in receipt of a written Request for sightseeing and other Services, an invoice therefor.
3.1.6. Notify Customer, once in receipt of a written Request for sightseeing and other Services, of the service booking and payment time limits set by third parties engaged to render such Services where the provision of Services is impossible within the time limits set herein.
3.1.7. Deliver a voucher to Customer, subject to compliance with the terms and conditions hereof, after timely payment for the sightseeing and other services specified in the Request.
3.1.8. Timely notify Customer of change in the prices and terms of the Services ordered or in the time limits for the provision of Services for reasons beyond Contractor's control using the contact details provided by Customer when placing the Order. In the event of Customer's failure to notify the acceptance of the changes from Contractor, the Requests accepted from Customer prior to his receipt of notice of the changes shall be fulfilled by Contractor at the new price and under the new arrangements for the provision of services.
3.1.9. Perform this Contract at the original price for the services ordered and paid for in the event of failure to notify Customer of the increase in the price thereof.
3.1.10. Respond to a written complaint about the quality of Services rendered by Customer within 10 (Ten) days of receiving the complaint.
3.1.11. Render sightseeing and other Services to Customer's sightseers, always providing that documentary evidence of Customer's having paid for such services (voucher) is in place.
3.2. Contractor shall be entitled to:
3.2.1. Change the rates and arrangements for sightseeing and other services. The parties agree in this context that the new rates will not apply to Services paid for by Customer. Payment shall be made not earlier than 30 (Thirty) days prior to the commencement of tour.
3.2.2. Use third parties to provide the Services ordered in the context hereof.
3.2.3. In the event of Customer's default on any of the debts hereunder, discontinue or suspend the provision of booked services to Customer or change the terms and/or grade of the services specified in the booking Request unilaterally without prior notification. No reimbursement shall be made by Contractor for the outgoings and losses incurred by Customer due to Contractor's exercise of the rights provided for in this clause of the Contract. In this context, liability for failure to perform the obligations under the Contract shall be incurred by Customer. The date of the termination of the Contract shall be deemed to be the date of the notice to this effect given to Customer by email.
3.3. Customer is required to:
3.3.1. Give Contractor, when submitting a Request, reliable information as to: the last name, first name and patronymic, email address, telephone number and other contact details.
3.3.2. Notify Contractor of change in his contact (personal) details in writing within 24 hours of the changes.
3.3.3. Read on Contractor's website the information about the types of and the prices and terms and conditions for Services.
3.3.4. Pay for the order after its acceptance by Contractor, within the time limits stipulated upon receipt of the Request, in accordance with the payment rules posted on Contractor's website.
3.3.5. Email Contractor a copy of remittance advice within 1 (One) day after Customer's payment for services ordered.
3.3.6. In the event of failure to receive confirmation of Request registration from Contractor or the Services paid for for reasons beyond Customer's control within 2 (Two) days of Customer's dispatch of the Request, Customer is required to send Contractor a follow-up enquiry, complete with full details of his original Request. A repeat Request shall be emailed at: mmc@meetmycountry.ru.
3.3.7. In the event of early termination of the Contract, cancellation of some of the Services ordered or change in the Services ordered, reimburse Contractor for all actual expenses incurred by him in furtherance hereof, including penalties paid by Contractor to third parties.
3.3.8. In the event of no-show by Customer or Customer's sightseers, the Request shall be deemed fulfilled by Contractor after 1 (One) hour and no refund shall be issued.
3.3.9. If applicable, Customer undertakes to provide Contractor prior to the commencement of performance hereunder with the number of sightseers, as well as all the information pursuant to cl. 4.4 hereof.
3.4. Customer shall be entitled to:
3.4.1. Receive from Contractor the Services paid for by him as provided for herein and in the voucher.
3.4.2. Change or cancel the Services ordered by arrangement with Contractor. The changes or cancellation will be deemed valid upon written acknowledgement of the change in or cancellation of Services by Contractor.
3.4.3. Terminate this Contract at any time in compliance with the refund rules set out in cl. 5 hereof. The termination date of the Contract shall be deemed to be the date of Contractor's receipt of Customer's written application at Contractor's office or Contractor's email address: mmc@meetmycountry.ru.
3.4.4. Send Contractor a written complaint about the quality of Services, if any, within 20 (Twenty) days of rendition of Service.
4. Arrangements for the provision of services
4.1. Sightseeing and other Services and the prices thereof shall be determined by Contractor. Contractor shall have discretion to change the prices of Services and the arrangements for the provision thereof.
4.2.1 Having selected the Services needed, Customer shall send Contractor a written Request complete with all the details necessary for booking Services by email or by filling in the form on Contractor's website at www.meetmycountry.ru.
4.2.2. The Request may be sent in 2 (Two) months before the scheduled date of Service.
4.3. The sale of Services to Customer shall be made in two stages:
Stage one (purchase of Contractor's Services by Customer) comprises the following steps:
- Contractor's receipt of Customer's Request for Services and finalization of the arrangements for the Services requested;
- acceptance of Customer's Request for Services (booking of Services).
Stage two: Customer's payment for Contractor's Services.
4.4. Having reviewed the programme, the price and the date of Services, Customer shall fill in a special form (Request) on Contractor's website at www.meetmycountry.ru in Customer's Personal Area or shall email a Request with the following details:
1) last name, first name and patronymic (if any);
2) email address;
3) telephone number and such other contact details as may be necessary for communications with Customer;
4) date of tour or other services from the list of Services specified in cl. 2.1 and 2.2;
5) whether Customer is the recipient of Services or represents third parties (sightseers);
6) number of persons;
7) children, if any, and their age.
4.5. Upon receipt of booking Request from Customer, Contractor shall send a response regarding the possibility of booking the Services being ordered by Customer.
4.6.1. In the context of booking Services, Contractor shall notify Customer by email of the reservation made and of the terms of payment therefor or cancellation thereof.
4.6.2. Acceptance of Customer's Request for Services (booking of Services) shall be made by Contractor not earlier than 30 (Thirty) days prior to the date of receipt of Service, unless other time limits are specified by the third party engaged to provide Service.
4.7. Contractor reserves the right to reject Customer's Request with email notification to him.
4.8. Should it prove impossible to book the Services requested by Customer, Contractor shall notify him thereof. Customer can re-request the booking of Services right away.
4.9. Contractor shall send Customer a bill for Services booked by him, which Customer shall pay within the prescribed time limits.
4.10. Contractor shall make the necessary booking of the Services ordered within 3 (three) working days of Customer making the payment, unless other time limits are specified by the third party engaged to provide the Service, following which Contractor shall email Customer a confirmation of the Services ordered.
4.11. If Customer fails to pay for Services within the prescribed time limits, then Contractor reserves the right to cancel the order with no notice to Customer.
5. Arrangements for cancellations of and changes to services booked
5.1. Customer's cancellation, in whole or in part, of booked and paid-for Services specified in cl. 2.1 and 2.2, whatever its payment status, shall be deemed to be order cancellation and requires the payment to Contractor of the costs actually incurred by him in furtherance hereof, as well as the payment of liquidated damages to Contractor.
Contractor's actually incurred costs shall be deemed to be any expenses that are documented, including fines, charges, liquidated damages and penalties payable to Contractor's subcontractors upon cancellation of Services booked and paid for.
5.2. Customer must immediately notify Contractor of any cancellation of or change in the order in writing and incur penalties upon cancellation of/change to services booked pursuant to cl. 5.4 hereof. Absent such notification, Contractor shall make no refund.
5.3. An order can be cancelled not later than 12 (Twelve) hours prior to the provision of services ordered. The timestamp of notification of order cancellation to Contractor by Customer shall be the date and time of Contractor's receipt of Customer's written or electronic notice with a request for order cancellation in whole or in part.
5.4. Upon Customer's cancellation of an order paid, Contractor shall make deductions as follows:
- for [cancellations] 15 (Fifteen) days prior to the date of Service provision, Contractor shall make a full refund to Customer;
- 15 (Fifteen) days to 24 (Twenty-Four) hours prior to the date of Service provision, Contractor shall make a full refund to Customer, net of the amount of expenses actually incurred by him in furtherance hereof;
- 24 (Twenty-Four) to 12 (Twelve) hours prior to the date of Service provision, Contractor shall make a full refund to Customer, net of the amount of expenses actually incurred by him in furtherance hereof, including the costs of tour guidance at the minimum rate for 2 (Two) hours of guide services;
- in the event that third parties set a period of payment for Services booked by Customer in excess of 15 (Fifteen) days prior to the date of Service provision, Contractor shall notify Customer in writing of the procedure for cancellation of a paid order;
- where Customer cancels transport services or airport transfer less than 48 hours prior to the time of service provision, no refund shall be made to Customer.
5.4.1. Sightseeing attraction tickets are non-returnable. The price of sightseeing attraction tickets shall not be refunded to Customer in the event of cancellation of a booked and confirmed tour less than 15 (Fifteen) days prior to its date.
5.4.2. In the event of cancellation of any tour after 18.00 on the day preceding the tour (late cancellation), Contractor shall provide Customer with a refund net of the amount of expenses actually incurred by him in furtherance hereof, including the costs of tour guidance at the minimum rate for 2 (Two) hours of guide services, up to 50% of the amount paid.
5.5. Customer shall be entitled to change the order at the booking stage in his Personal Area on Contractor's website. In the event of a change to an order confirmed but not paid within the grace period, Contractor shall be entitled to cancel the order if Customer's changes make it impossible to fulfil the order.
5.6. If changes to a confirmed order reduce the order amount, Contractor shall refund Customer the difference between the order amounts.
6. Payments
6.1. A quote for Services shall be given by Contractor on his website at www.meetmycountry.ru. The prices quoted are for reference only and are subject to change by Contractor based on the package of Services ordered. The total charge for Services shall be notified to Customer upon his request, as well as in the confirmation (bill) issued to him.
6.2. Settlement of accounts between Contractor and Customer shall be in roubles.
6.3. No credit transfer shall be made without a bill issued by Contractor.
6.4. Credit transfer shall be made by Customer to Contractor's transactional account within 5 (Five) banking days of Contractor's issue of a bill for Services. The payment shall be made when Customer's funds are credited to Contractor's transactional account. The booking of Services in this context shall be made within twenty-four hours of the credit of funds to Contractor's transactional account, save as otherwise provided in paragraph 3.1.6. hereof.
6.5. Customer shall pay for the Services booked in cash or by credit transfer in accordance with the legislation of the Russian Federation and by arrangement with Contractor.
6.6. Services shall be rendered to Customer subject to an advance payment of the full price of the Service chosen (other payment arrangements can be made exceptionally, subject to the express approval of Contractor).
6.7. Contractor shall recalculate the charge for Services upon prior notification to Customer, and Customer shall pay the difference, in the event of a change in the service charge for the following reasons: increase in transport tariffs; introduction of new or increase in the existing taxes, levies and other statutory charges; other circumstances beyond Contractor's control.
6.8. Having made payment for Services, Customer shall on the day of payment email Contractor without fail details of the payment made, specifying payment particulars, in the format required by Contractor. The payment for Service shall be deemed confirmed upon receipt of notice from Contractor's bank that the funds have been credited to his account.
6.9. Customer can pay for Service online through Contractor's website at www.meetmycountry.ru, with no evidence of payment required in this case.
7. Ad hoc terms and liability of the parties
7.1. Customer shall be responsible for the correctness and timeliness of payments made by him, requests emailed to Contractor for Services, compliance with the guidelines, provisions and requirements covering Services rendered, as emailed by Contractor to Customer at his email address and/or published online, and for the correctness of the contact information provided: postal and email address, personal data, including passport details; maintenance of the infrastructure for the delivery of the Service involved on location.
7.2. Contractor shall be responsible for the quality and timeliness of Services rendered, provided Customer complies with the rules and requirements in place.
7.3. Contractor shall be liable for the actions of third parties engaged to provide Services hereunder within the limits of the obligations arising from the contracts made by and between Contractor and the third party.
7.4. Contractor shall not be liable for non-provision of Services in the event of Customer's breach of Contractor's rules for payment and the generation and sending of requests for Services, or where there are technical, organizational, mail-related, financial and other factors beyond Contractor's control that prevent the provision of Services. Any payment made by Customer in the above context for Services shall be cancelled pursuant to the cancellation arrangements set out in cl. 5 of the Contract or refunded to Customer, net of the expenses and/or losses incurred by Contractor. In the event of Customer cancelling Services or taking other steps resulting in losses for Contractor, Contractor can seek direct and consequential damages from Customer.
7.5. Contractor shall not be liable for Customer's failure to receive Services in the following circumstances:
7.5.1. Customer has paid for Service, but no remittance advice is received by Contractor within the prescribed time limits as required pursuant to cl. 6.8. hereof;
7.5.2. The email address specified by Customer in the request email address has an error or is unavailable at the time of notification;
7.5.3. The request sent by Customer is not on the prescribed form or is sent with technical irregularities, with address errors, or contains viruses, or is rejected by email servers;
7.5.4. Customer or his representatives take the wrong steps rendering it impossible to provide them with the Services ordered, cannot receive the Services ordered due to problems they encounter (no network access, time constraints, sickness or other factors hindering or preventing them from taking the required steps).
7.6. Should Customer fail to receive the Services paid for in whole or in part for reasons described in cl. 7.5, the payment made by him shall not be refunded or applied towards other Services. On Contractor's side, Services shall be deemed rendered but not received by Customer - either through his fault or that of third parties, or due to force majeure.
7.7. Contractor shall not be liable for technical, organizational, mail-related, financial or other problems of Customer and/or his [Internet service] provider and/or other factors preventing the timely receipt of the Services ordered due to the above problems. No advance payment made in this context shall be refunded or applied towards other Services.
7.8. Contractor shall not be liable for damage caused by Customer to third parties engaged for the provision of Services hereunder or for damage caused to Customer by a third party.
7.9. Unless the parties agree otherwise, Customer shall be granted non-exclusive, non-transferable and revocable right to use Contractor's information with respect to Services and the subject matter hereof for own purposes. The information sent to Customer as part of Contractor's Services is meant for Customer only, may not be disclosed to third parties, replicated, distributed, transmitted or published in electronic, paper or other form without Contractor's authorization or separate arrangements with him. For any authorized use of Contractor's information, Customer is required to give a reference therein to Contractor's details: OOO Gorizont, http://meetmycountry.ru, email: mmc@meetmycountry.ru.
7.10. Customer accepts the responsibility and risks associated with the use of the Internet, including responsibility for assessing the accuracy, completeness and usefulness of any and all information, as well as the quality and properties of Services rendered to Customer through Contractor.
7.11. Contractor shall not be liable for the quality of public communication channels or the functions enabling Customer's access to his services. The terms and conditions hereof shall be binding upon all Customers.
7.12. Force majeure (fire, hostilities, government decisions, industrial action etc.) preventing performance hereunder shall release the parties from liability.
8. Execution, amendment and termination of the Contract
8.1. This Contract shall be deemed concluded when the payment is credited to Contractor's transactional account or the payment is made online through Contractor's website at http://meetmycountry.ru,.
8.2. This Contract has no time limit, shall remain in effect until the parties have fulfilled their obligations and may be terminated by agreement between the parties.
8.3. Customer shall be entitled to cancel Contractor's Services at his discretion at any time. In the event of Customer's cancellation of Contractor's Services without cause, the payment made shall be refunded pursuant to clause 5.4 hereof.
8.4. Contractor reserves the right to amend any of the terms and conditions hereof at any time. All changes shall then be published on Contractor's website at http://meetmycountry.ru. In the event that Customer rejects the changes, he must notify Contractor thereof within 14 (Fourteen) days of publication of the changes. Absent notification, Customer shall be assumed to continue in the contractual relationship.
8.5. Beyond the scope hereof, the parties shall be governed by the Russian Federation legislation in effect.
9. Miscellaneous
9.1. Contractor shall be excused for non-performance in whole or in part under the Contract if due to an event of force majeure, including, but not limited to, fire, snowdrift, hostilities or carriage restrictions that can affect performance hereunder.
9.2. A defaulting Party must notify the other Party of the nature of the force majeure preventing the performance of the Contract and the start and end dates thereof.
9.3. The Parties will make every effort in order to reach agreement through negotiation; should it prove impossible to reach agreement through negotiation, the disputes shall be referred to a court of general jurisdiction or to an arbitrazh [commercial] court pursuant to the legislation of the Russian Federation.
9.4. No claim lodged against Contractor in connection with the provision of Services shall be reviewed unless Customer provides appropriate financial instruments evidencing the payment made for Services, Voucher, dispatched requests, correspondence and all necessary paperwork, including that requested by Contractor.
9.5. Beyond the scope hereof, the relationship between the parties shall be subject to the legislation of the Russian Federation.
10. Consent to the processing of Customer's personal data
10.1. Pursuant to the Federal Law of 27.07.2006, No 152-FZ, "On personal data security", Customer gives his written consent to the processing of personal data, which include: the last name, first name and patronymic, the date and place of birth, sex, citizenship and nationality; the passport series and number, the persons listed in the passport and other passport details; residence and domicile addresses, home and mobile numbers, and email address; any other details that Customer disclosed when entering into or in the course of performance of the Contract.
10.2. Personal data processing shall be undertaken by Contractor in furtherance hereof and shall include the collection, collation, accumulation, storage, updating (refreshing, modification), use, dissemination, anonymization, blocking and destruction of personal data. Customer has been notified that his personal data can be processed with or without automation. Customer agrees that Contractor shall be entitled to outsource the processing of Customer's personal data, subject to non-disclosure of Customer's personal data. Customer agrees to cross-border processing of his personal data. This consent shall have no time limit. The consent shall be revoked by a written instrument, to be signed by Customer and hand-delivered or sent by registered post with advice of delivery to Contractor. Customer agrees to the processing of his personal data until Customer hands in an instrument of revocation of consent to personal data processing. Customer has been briefed on and understands the rights of personal data subject.
11. Address and bank details of the Performer
Horizont LLC
TIC 7728784410, KPP 770801001
OGRN 1117746757864
Legal address: 2nd Krasnoselsky Lane, 2, suite 304, Moscow, 107140, Russia.
Account No. 40702810600000017768
Corr. acc.: 30101810400000000555
BIC: 044525555
Bank: Promsvyazbank PJSC Moscow
