Moscow, the Russian Federation
Effective Date: 28.06.2019
This document constitutes a proposal to enter into the Agreement with the Contractor subject to the terms and conditions set forth below.
TERMS AND DEFINITIONS
Order means the User’s request for rendering by the Contractor of services connected with ensuring of the option to book, execute, exchange and/or return the E-Air tickets using the Platform and related additional services;
Contractor [1] -
- “AWAD Ticket”, limited liability company (115114, Moscow, Derbenevskaya naberezhnaya, 7, bld. 12, 2nd floor; TIN 7704719450, OGRN 1097746010724);
- “Anywayanyday Tour”, limited liability company (115114, Moscow, Derbenevskaya naberezhnaya, 7, bld. 12; TIN 7725289400, OGRN 1157746865792);
- “BOOKTIKET”, limited liability company (03113, Ukraine, Kiev, Prospekt Pobedy 62-B, office 5; TIN 361770026595);
- AWADTICKET LIMITED (Stasandrou, 8, Apartment/Office 301, 1060, Nicosia, Cyprus, registration number HE 349030);
Commission means a commission to be collected for acceptance of payments with a bank card using the Platform;
Mobile application means the software anywayanyday specially designed for portable (mobile) devices and to be installed and uploaded by the User on such devices using various software platforms. For the purposes of this Agreement, the Mobile application shall include the current version and all further versions thereof;
Carrier means a Russian or any international airline, of which the Contractor is an agent or sub-agent, performing air carriage of passengers and luggage under the E-Air ticket executed by the User;
Platform means the Website and/or Mobile application to be used to provide various services;
User means a legally capable individual who has reached the age of 18 years and purchases the E-Air tickets in its own name or in the name of third parties;
Provider of additional services - a person who directly provides transportation, car rental services, hotel services and other additional services, agents of these organizations, as well as organizations providing the possibility of booking and paying for these services, with which the Contractor has entered into an agreement for the provision of relevant services;
Website means a complex of the System, the Content and other information contained in the information system Internet accessed, inter alia, by the domain name www.anywayanyday.com;
Service fee means a service fee to be collected by the Contractor in excess of the Fares and Taxes for ensuring of the option to execute, exchange or return the E-Air ticket using the Platform;
Agreement means this Agreement between the User and the Contractor to be entered into by accepting the public offer;
Tax means an additional charge imposed by the Carrier which may include fuel surcharge, ground handling charge, federal, immigration security charge and other charges depending on an itinerary and country of departure or of arrival;
Fare means an amount charged for carriage of a passenger and luggage. The Fare amount and Fare rules are established by the Carriers at their sole discretion;
Fraud means a type of fraud in information technologies. For the purpose of wire payments, the fraud means fraudulent transactions i.e. transactions made with bank cards by persons being not legal holders of such bank cards, or transactions made with fake cards or using illegally obtained confidential information on details of bank cards and/or their holders; a fraudulent transaction made with a bank card by its legal holder who consciously seeks to provide an issuer with an impression that this transaction has been made by any third parties not related to it;
E-Air ticket means a document to be used to certify a passenger carriage agreement containing information on air carriage of a passenger in electronic digital format. The Electronic ticket shall be issued as an itinerary receipt;
The Agreement may include any other terms not defined above. In such a case, this term shall be interpreted in accordance with the Terms of Use Agreement, the current legislation of the Russian Federation and under business practice.
1.1. By ticking the special box to be provided by the Platform automatically, the User acknowledges that he/she has read this Agreement, expresses his/her consent to enter into this Agreement in accordance with article 438 of the Civil Code of the Russian Federation, acknowledges that he/she has read and agreed with the rules, Fares and Taxes of the Carrier and rules established by providers of any additional services, acknowledges his/her legal status and capacity, solvency, statutory powers to enter into this Agreement, to execute the E-Air tickets and make a payment in favour of any third parties, and also realizes of his/her liability for the obligations to be imposed on him/her upon conclusion of this Agreement.
1.2.The Contractor shall provide the User with the services on disclosing information procured by the Platform, on booking and execution of the E-Air tickets in accordance with details specified by the User (date(s), time, route and any other terms of carriage), on completion of a procedure to be observed in case of return and exchange of the E-Air tickets as prescribed by this Agreement, and also with any additional services available on the page intended for execution of the E-Air tickets. The User undertakes to use the Platform only where he/she actually needs to book and execute the E- Air tickets. Should the User fail to observe the terms and conditions of this Agreement, the access to the Platform may be blocked for this User.
1.3. The Contractor shall not be liable under agreements entered into by and between the User and the Carrier using the Platform. In particular, the Contractor shall only ensure an option to book, execute, return and exchange the E-Air tickets but legally binding obligations shall arise directly between the User/any persons in which favour the E-Air tickets are executed and the Carrier. The Carrier’s services on air carriage executed by the User shall be governed by the Carrier’s Rules as may be amended. It is the obligation of the User to review the current version of the Carrier’s Rules regularly.
1.4. All the information relating to timetable, seats available, Fares and Fare rules, Taxes as well as any other terms and conditions of services shall be available using the Platform in full accordance with such information provided in the booking system by direct service providers or their authorized representatives. Despite the competence, the Contractor shall not be able to verify all the information furnished by service providers and may not guarantee that the information is free from any inaccuracies at all. Thus, the Contractor shall not bear liability to the User for any inaccurate information on services and for any damage or losses caused to the User due to erroneous information.
1.5. Any offers relating to the E-Air tickets, prices and terms of execution thereof may be amended without giving notice to the User, may be restricted with time, seats available and advance booking dates, voyage dates, minimum and maximum period of stay at a place of destination, days off and holidays, seasonal variations of prices, waiting lists, and with strikes and temporary failures of booking systems and/or be subject to any other changes, terms and restrictions.
1.6. The Contractor shall reserve the right to amend this Agreement at any time without giving a special notice. The updated version of the Agreement shall come into force immediately upon posting thereof in the relevant section of the Platform unless expressly agreed otherwise. It is the obligation of the User to review the current version of the Agreement regularly. The Users are also advised to seek for competent legal assistance before making any actions based on information or materials available using the Platform.
2.1. The User shall execute the Order, all by itself, using the Platform by filling in relevant forms. The User shall review all the terms and conditions of the Order when booking.
2.2. When using the Platform, obtaining access to the Personal account and further using of the Platform, the User undertakes:
- to update registration and other personal data where such data change.
Where personal data of any passenger are to be amended in the Order executed, such amendment will cause the Fares and Taxes agreed in the Order to be invalid because this Order shall be cancelled and the new Order shall be executed in order to amend such data of a passenger in the Order. Thus, the User shall assume all potential risks (execution of the new Order, change in price, repayment of money and etc.) connected with his/her actions that caused errors, inaccuracies in the personal data provided;
- to provide an actual phone number and e-mail for contact in case of emergency. Any notices on change in schedule of flights, change of a departure/arrival airport, flight cancel or changes in any other flight details shall be sent by the Contractor in writing to e-mail specified by the User in executing the Order or in the Personal account in a request for exchange or return provided that notices on such changes are received from the Carrier. The Carrier may provide the User with such information directly by phone number specified in a reservation or by e-mail stated by the User. From the day on which the Order is executed until a voyage terminates, the User shall monitor messages in his/her electronic mailbox and messages delivered to the phone number specified. Otherwise, the Contractor shall not bear liability for failure to notify of changes in schedule of flights, change of a departure/arrival airport, flight cancel or changes in any other flight details if the User did not provide his/her contact details (phone number, e-mail and etc.) when booking an air carriage, or the Contractor could not contact the User using the contact details specified but the Contractor has tried to contact the User at least once by phone or e-mail and etc., inter alia, if the User did provide incorrect contact details. In cases referred to above, the Contractor shall not indemnify a passenger for losses caused by such failure to notify. The Contractor shall not bear liability for failure to provide such information or provision of incorrect information in cases where the Carrier did not provide such information or did provide incorrect information;
- to ensure safety and confidentiality of a login and password, to be liable in cases of unauthorized use thereof;
- to be fully held liable for any actions performed by the User using his/her Personal account. Unless the contrary is proved, any action performed using this User’s login and password shall be considered by the Contractor as performed by the User itself and causes relevant legal consequences.
2.3. If the Electronic tickets are executed or reservations are made but the User makes a reservation for the same passengers and dates in order to check price or for any other purposes, the Carrier may consider this reservation as double reservation. The Carrier may apply various policies in relation to double reservation but, as a rule, if such reservations coincide (reservation for the same passenger, for the same flights and dates or for the same flights but on different or close dates), the Carrier shall reserve the right to cancel one or all reservations in full. When making a reservation, a passenger shall assume all the responsibility for double reservations or reservations with tickets issued, executed using the Platform or any other sources.
2.4. The Orders executed by the User shall be conclusive. Immediately upon receipt from the User of the Order executed and when paid, the Contractor shall execute or ensure execution of the E-Air tickets. In some cases the E-Air tickets shall be executed within 24 hours upon execution of the Order and when paid. The E-Air tickets shall be issued automatically upon verification of a transaction made with a bank card. The Order execution shall be confirmed with a letter-confirmation sent to e-mail specified and including itinerary receipts with detailed information on the E-Air ticket executed. SMS-message including an itinerary and voyage dates under the E-Air ticket executed shall be also sent to phone number.
2.5. The Order shall be paid by one of the ways suggested by the Platform. The payment systems used to accept payments may refuse to effect a payment.
2.6. The Website may provide services for payment with a delay/installment payment, as well as other financial services/products provided by Suppliers of additional services. In the case of the will of the User to purchase the services of Suppliers of additional services and upon approval by the Provider of additional services of the corresponding request of the User, the User enters into relationship directly with the specified Provider of additional services. Prior to payment for services of Suppliers of additional services, the User is given the opportunity to get acquainted with the conditions for providing additional services. Submission by the User of a request for the use of these services means familiarization and acceptance of the conditions for their provision.
2.7. The Contractor shall collect the Service fee to be paid by the User for services on execution of the E-Air tickets and for return/exchange thereof. The Service fee for execution of the E-Air ticket shall be included in the cost of the Order. The Service fee shall be established by the Contractor at its sole discretion as of the date of execution of a relevant service and shall be displayed by the Platform in executing the Order or in performing return/exchange. The amount of the Service fee and collection thereof shall depend on the Carrier’s rules and, in some cases, on the cost of the E-Air ticket.
2.8. Pursuant to the current legislation, any transactions with bank cards shall be performed by a cardholder or by any person authorized by a cardholder. Transactions with bank cards shall be authorized with a payment system used to make a payment transaction. If the payment system has any grounds to consider a transaction as fraud, the system may refuse to perform this transaction. Pursuant to the Rules of International Payment Systems, in order to verify identity of a cardholder and authority to use a bank card, the User (which has executed the Order) shall, upon request by the Contractor, e-mail scanned copies of two pages of the cardholder’s passport (double page spread with a photo) and of two sides of a bank card (the first six and last four figures shall be shown) provided that the User’s special consent to processing of biometric personal data is obtained. Should the User fail to provide the documents requested by the date specified in the Contractor’s request or there are any doubts in authenticity thereof, the Contractor shall reserve the right to cancel the Order without giving any reasons. The cost of the Order paid shall be refunded to the cardholder’s bank card.
2.9. The User shall be solely and fully liable towards the bank and any other persons for wire payments made by the User in order to pay for the Order and determined by the bank as Fraud. Should the Contractor suffer any losses connected with determination of the User’s wire payments made to pay for the Order as Fraud, the User shall reimburse the Contractor any documented losses within 10 (ten) business days upon request by the Contractor.
2.10. The Carrier shall own seats until the E-Air ticket is executed and the Carrier shall reserve the right to remove seats, reschedule flights and change timetable and cost. The reservation shall not be absolute guarantee of cost and seats available. We advise you to book the E-Air ticket and execute it synchronously in order to avoid a price to be changed due to foreign exchange fluctuations and a reservation to be cancelled by the Carrier.
3.1. The E-Air tickets may be returned and exchanged by one of the following ways: in the Personal account or by e-mail. At that, the User shall make sure that the Contractor has received a relevant request. The processing period can reach 24 hours upon receipt of the relevant Request and this is a reason why the User is advised to send the Requests with due advance. The terms applicable in case of alteration of voyage documents executed, cancellation of a service, return and any other terms of rendering by providers of services shall be governed by the Fare rules which apply to this service, contract-offer with the Carrier, terms of related services, this Agreement and by the legislation of the Contractor’s country.
3.2. When the Order is paid with a bank card directly to the Contractor and the User wishes to return the E-Air ticket, the Order cost, net of the Contractor’s actual expenses, shall be transferred to the User’s bank card used to pay for the Order. The actual expenses shall mean expenses incurred by the Contractor for the purposes of organization of the Order fulfillment including penalties paid in favour of the Carriers, and also the Service fee to be collected by the Contractor for services rendered using the Platform depending on service type. Should the User cancel the Order paid with a bank card using the Platform and such payment has been transferred directly to the Carrier, the cost of the E-Air ticket cancelled, net of penalties and any other withholdings prescribed by the Carrier’s Rules, shall be transferred by the Carrier to the User’s bank card used to make a payment without the Contractor involved. In case of return thereof, the Service fee for execution of the E-Air tickets shall not be refunded to the User. In case of involuntary refund (cancel of a flight confirmed by the Carrier, disease or death of a passenger and etc.), the Service fee shall not be collected.
3.3. If a voyage terminates (or a passenger makes a stop) due to unforeseen circumstances not in the country of departure, the Warsaw Convention regulations may apply which, in most cases, limit the Carrier’s responsibility in case of death or injury of a passenger and also in case of loss or damage of luggage thereof.
4.1. On the Website, the User can book and/or pay for additional services provided by Suppliers of additional services. The procedure for the provision of additional services is governed by the rules of the respective Suppliers of additional services. The user must read these rules before ordering additional services. Suppliers of additional services reserve the right to change the procedure for the provision of additional services unilaterally. Continuing the use of the Site and ordering additional services means that the User agrees with this procedure.
4.2. The user is responsible for:
4.2.1. use of additional services;
4.2.2. timeliness, accuracy and completeness of the data provided for processing additional services;
4.2.3. on all actions and claims brought against him by the Suppliers of additional services and/or third parties in connection with the use of additional services.
4.3. The Contractor is not responsible for:
4.3.1. any losses caused to the User as a result of the booking and/or purchase, as well as the use of additional services;
4.3.2. quality, volume and/or timeliness of additional services provided by the Supplier, their actions or inaction.
4.4. Responsibility of the Contractor to the User and third parties in whose interests the User acts, for any reason, is limited to the amount of payment for additional services made by the User to the Contractor.
4.5. The Contractor shall charge a fee, which is an additional remuneration for the provision of the relevant additional services as an agent of the Supplementary Services Provider. The completion of the provision of reservation services for additional services is the receipt of booking-confirming documents. When changing, canceling and returning the cost of additional services after the Contractor completes the provision of services, the Contractor’s fee is not refundable. Relationships regarding the use of services of Suppliers of Supplementary Services arise between the respective Suppliers of Supplementary Services and the Client and are governed by the rules of Suppliers of Supplementary Services.
5.1. When selecting flights, the User may make payments in Russian Rubles, Swiss francs, Euro, US dollars, and Ukrainian hryvnas.
5.2. When paying not with a bank card, a final price shall be given in Russian Rubles or Ukrainian hryvnas as selected by the User. The price given by the Platform in Russian Rubles/ Ukrainian hryvnas shall be valid provided that such price is paid in cash and in full as of the time of execution within the territory of the Russian Federation or Ukraine respectively.
5.3. When paying with a bank card, an amount expressed in currency selected by the User shall be written off from the User’s bank card except where a payment is made directly to an airline (in such a case an amount shall be written off in currency stated by the airline’s acquirer bank). The User’s card-issuing bank shall convert this amount into currency of the bank card at the internally generated rate, so, an amount expressed in currency of the bank card may differ from an amount displayed by the Platform (inter alia, upward) because the internally generated rate of the bank always differs from disclosed exchange rates fixed by the RF Central Bank or FOREX. The User shall clarify an internally generate rate of the card-issuing bank and a commission amount to be charged by the bank for currency conversion before paying with a bank card. By making a payment, the Client acknowledges that he/she has received relevant information and is aware of a final price expressed in currency of the bank card before making a payment.
6.1. The passenger shall be fully responsible for preparation of all the documents necessary for a voyage. The passenger shall read and fulfill all the requirements applicable in a country of destination in relation to execution of documents required when arriving, departing and also in case of a transit flight in order to follow all the route, procurement of visas (if required), valid passports, power of attorneys or other documents required for voyage with children and etc.. Thus, the Contractor shall not be liable for negative effects and losses arising out of events and circumstances not falling within its competence and for actions (omissions) of third parties, as follows:
— where it is impossible to perform obligations assumed because the information and documents provided by the User are not reliable, not sufficient and provided with delay, or the User violates the terms and conditions of this Agreement or documentation requirements;
— for actions of the Carrier (change, cancel, reschedule, delay of a flight), for safety, loss or damage of luggage, cargo, objects of value and documents of the User (a passenger) during all the voyage. In such a case the Carriers shall be liable towards the User (a passenger) in accordance with international rules and current legislation of the Russian Federation. The claims of the User (a passenger) shall be considered by the Carrier under the legislation of the Russian Federation and international carriage rules;
— for actions of customs and immigration authorities;
— where the right of the User (a passenger) to exit the Russian Federation or any other point of departure is restricted by competent authorities of a relevant country;
— for actions of consulates of foreign countries, inter alia, for delay, refusal or change of time limits established for issue of entry visas;
— for consequences of violation by the User (a passenger) of customs and border formalities, rules of passage and luggage transportation and violation of specific rules of conduct in a country of temporary residence;
— where the User (a passenger) has not travel documents issued to it by the Contractor;
— where the User (a passenger) fails to appear or comes late for a flight;
— where the User (a passenger) does not comply with the rules of conduct on board aircraft established by the Carrier;
— where the User (a passenger) has not a foreign valid passport when a voyage starts, relevant documents regulating exit of young persons aged under 18 years;
— for authenticity and satisfactory execution of passenger’s documents (authenticity of information contained therein).
6.2. The Parties shall be relieved from liability for improper performance or non-performance of the obligations under this Agreement where force-majeure circumstances occur. The Parties shall consider the following circumstances as force-majeure circumstances: fire, epidemic, earthquake, terror attack, overflow, force wind, storm, earthquake wave, landslide, other acts of God and cataclysms, military actions of any kind, strikes, announcement of the state of emergency or the martial, embargo, amendments to the legislation of the Russian Federation or country of residence or transit, actions of customs and sanitary control authorities, issuance by government authorities of statutory regulations that render impossible for the Parties to fulfill their obligations in proper manner, and other circumstances which the Parties can not affect and prevent.
6.3. The Party for which it became impossible to fulfill the obligations shall notify the other party immediately on occurrence of force-majeure circumstances. If such circumstances occur, the period for fulfillment of the obligations shall be extended in proportion to the period within which such circumstances shall remain in force.
7.1. This Agreement shall be governed and construed in accordance with the legislation of the Russian Federation. The issues not covered herein shall be resolved in accordance with the legislation of the Russian Federation.
7.2. If any disputes or disagreements connected with performance of this Agreement arise, the User and the Contractor shall endeavor their best efforts to settle such disputes or disagreements by negotiations between them and in accordance with the following procedure of pre-trial settlement:
7.2.1. before bringing a legal action arising out of the Agreement, the party that considers its rights to be infringed (hereinafter: the “Interested Party”) shall send a written claim to the other Party;
7.2.2. a claim shall include requirements of the Interested Party and foundation thereof specifying the terms and conditions of this Agreement breached by the other Party. Copies of the documents evidencing circumstances mentioned in the claim shall be attached thereto;
7.2.3. the Party that has received a claim shall consider it and give (deliver) a written substantive response to the other Party within 10 (ten) business days upon receipt thereof;
7.2.4. if the Interested Party does not receive a response within the period specified or does not agree with the response, the Interested Party may appeal to a court as prescribed by the current legislation of the Russian Federation.
7.3. If one or some provisions of this Agreement are found invalid, this fact shall not impair the validity of other provisions hereof and other documents posted in relevant sections of the Platform.
7.4. This Agreement is made in Russian. The translation hereof in any other language shall be additional and placed for convenience of the User only. Should any discrepancies between the Russian version of the Agreement and translations hereof arise, the Russian version shall prevail.
[1] One of the legal entities, depending on the choice of the currency of payment at the stage of ordering.