General terms and conditions

AGREEMENT

 

Ost Travel Vita limited liability company, registration number of the tour operator series РТО №021168, the legal entity under the laws of the Russian Federation, represented by the Director General Denisova V.I., acting on the basis of the Charter, hereinafter referred to as the “Seller” and the company,  the legal entity under the laws of, hereinafter referred to as the “Buyer”, represented by the Director, acting on the basis of the Charter, on the other hand, hereinafter referred to as the “Parties”, have concluded this Agreement as follows:

 

1. The Subject of the Agreement

 

1.1. The Buyer is obliged to pay and accept, and the Seller is obliged to provide travel services (tour) on the tour from___  to ___  in accordance with the conditions specified in the official proposal, which is an integral part of this agreement.

 

2. Accommodation and other services

 

2.1. The Seller provides to the customers of the Buyer an accommodation in hotels of the corresponding category, as well as other travel services as requested by the Buyer.

 

3. The minimum number of tour participants

 

3.1. The number of people in the Buyer’s group is determined by a minimum of 20 people. For groups with fewer number of participants, the contracting parties determine the cost of the tour by separate agreement. For a group with 20 or more paying tour participants, the 21st free bed space in a single room is provided for the driver or group leader.

 

4. Rights and obligations of the Parties

 

            4.1. Rights and obligations of the Seller

4.1.1. The Seller provides the Buyer with complete and reliable information about each tour, its name, cost, route and travel period, living conditions, meals, transport services and an excursion program. The specified information is submitted to the Buyer in writing, in the form of an official proposal. By signing this agreement, the Buyer confirms the complete and exhaustive acquisition of information of the above information and materials.

4.1.2. After the Buyer pays the full cost of the tour, in accordance with the official proposal received and accepted by him, as well as the fulfillment of other conditions of this agreement, the Seller is obliged to to provide the Buyer with a tourist voucher for the services provided, as well as to fulfill in all parts the paid travel services included in tour. A voucher sent by e-mail is a full document giving the right to receive the above-mentioned paid services.

4.1.3. The Seller at the request of the Buyer may provide additional services not included in the price of the tour, the payment of which is made by the Buyer on the basis of the invoice issued by the Seller.

4.1.4. The Seller reserves the right to make changes to the service program if this does not affect the quality and volume of services provided. In this case, the Seller timely provides the Buyer with information about the changes by fax or email.

4.1.5. In exceptional circumstances, the Seller reserves the right to replace the hotel and other services with a higher or equal in category – without additional payment.

4.1.6. The Seller has the right to repudiate this agreement in case of a payment delay.

 

4.1.7. In case of illness or death during the tour, the Seller does not bear the costs associated with the treatment or repatriation of the body of the deceased, at the same time, he provides feasible, informational assistance.

4.1.8. The Seller provides the Buyer with an invoice for payment of the tourist services provided.

4.1.9. The Seller provides the Buyer on a gratuitous basis with all the necessary documents for the visa support of the tour participants.

4.1.10. The Seller is not responsible for the quality of additional services provided by third parties to the Buyer’s customers during the purchased tour.

4.1.11. The Seller has the right to refuse to provide the Buyer with additionally ordered services that are not agreed upon in advance by the agreement due to the actual impossibility of providing the above services.

 

4.2. Rights and Obligations of the Buyer

 

4.2.1. For 21 days before the start of the tour, the Buyer is obliged to provide the Seller with a list of customers containing information about their names and initials, passport details, citizenship, place and date of birth. In other cases (booking air and train tickets) this information is provided to the Seller earlier by written agreement with the latter.

4.2.2. The Buyer has the right in writing, by e-mail or by fax to refuse to fulfill this Agreement in whole or in part, as well as to reduce the declared number of people. In this case, the Seller has the right to recover from the Buyer the appropriate compensation specified in the official proposal.

4.2.3. The Buyer is obliged to pay the full cost of the services of the purchased tour on time, and also to make an additional payment in case of an increase in cost (group of less than 20 people) or in case of booking additional services.

4.2.4. The Buyer has the right to make out the package tours for customers on their own forms.

4.2.5. To make a request for calculating the tour according to a program different from the Seller’s programs on the website or in the catalog. In this case, the Buyer formulates the request clearly and in full, indicating all the requested services.

4.2.6. In the case of a customer contacting the Buyer with claims, the Buyer must inform the Seller in writing about this no later than 30 days after the end of the tour.

4.2.7. The Buyer ensures the delivery of customers to the start of the tour and back and draws up all the necessary transport documents for this.

4.2.8. The Buyer receives informational support from the Seller about the necessary documents for travel to the place where the tour starts and back. This information is provided only with full payment for the booked tour, is relevant at the time of payment for services, but is not an absolute and complete guarantee for unhindered entry into the country of visit.

4.2.9. The Buyer transfers to the Seller information about arriving tourists regarding the dietary features of the clients (vegetarians, lactose intolerance), behavior, hotel assignment preferences, diseases of the musculoskeletal system in time according to the above mentioned clause 4.2.1.

4.2.10. The Buyer is obliged to verify the completeness and correctness of the voucher filled by the Seller and to inform the Seller about all errors. The Buyer is responsible for the consequences of not informing about errors.

 

5.Payment

 

5.1. Payment is made by the Buyer on the basis of the calculation of the official proposal and the invoice issued by the Seller indicating the exact financial details of the latter.

5.2. The invoice is sent by e-mail or by fax in a timely manner, no later than 7 (seven) business days before the start of the reserved tour, excluding holidays on the Buyer’s and Seller’s countries of origin.

5.3. The Buyer pays the received invoice in accordance with the official proposal and confirms the fact of payment (payment order, account statement) by sending it to the Seller.

5.4. With a possible delay in payment due to the fault of financial institutions, the parties make every effort to expedite payment (calls to the bank, inquiries, etc.)

5.5. The payment of the full value of the Agreement is made in Euros by transferring funds to the Seller’s account.

5.6. The payment shall be considered as the actual crediting of the corresponding amounts to the Seller’s bank account.

5.7. All bank expenses associated with the transfer of payment under this agreement are borne by the Buyer.

5.8. In case of debts of the Buyer under the agreement, its customers are provided services produced within the actual payment.

• All changes in the procedure for mutual settlements are made out by the Parties in writing.

 

6. Sanctions for the full or partial cancellation of the tour

 

• Taking into account the individuality of the proposed tourist product, the sanctions are set individually for each tour, reported by the Seller in the official offer and are an integral and mandatory part of the agreement.

 

7. Force Majeure

 

7.1. The parties of the agreement are exempted from liability for full or partial failure to fulfill obligations under this agreement, if it arose from force majeure circumstances.

7.2. The following circumstances are considered as cases of force majeure: war and military activities, uprisings, mobilization, industrial strikes, epidemics, fires, explosions, traffic accidents and natural disasters, acts of authorities affecting the fulfillment of obligations and all other events and circumstances that the competent court recognizes and declares as cases of force majeure.

 

8. Dispute settlement procedure

 

8.1. All disputes and disagreements arising between the Parties under this agreement or in connection with it are resolved through negotiations.

8.2. If it is impossible to resolve the disagreements through negotiations, they shall be resolved in the Arbitration Court of Kaliningrad city in accordance with the legislation of the Russian Federation.

8.3. All relations of the parties under this agreement are regulated in accordance with the norms of the current legislation of the Russian Federation. For all matters not provided for by this agreement, but related to its execution, the Parties are guided by the legislation of the Russian Federation.

 

9. Agreement duration period

 

9.1. The Agreement shall enter into force on the day of its signing by both parties and is valid until the Seller has provided the last service.

 

10. Other conditions

 

10.1. All annexes, changes and additions to this Agreement are made in writing, signed by both parties and are an integral part of the Agreement.

10.2. The signing of the Agreement is possible by fax or e-mail with the subsequent exchange of signed originals.

10.3. This Agreement is made in duplicate in Russian and in English, one copy for each party. Each copy has equal legal force.