Moscow, the Russian Federation
Effective Date: 08.08.2017
AGREEMENT ON HOTEL ROOM BOOKING
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
Voucher means a document in electronic form to confirm that the Order has been booked and/or paid. The Voucher shall be presented at the Hotel;
Order means the User’s request for rendering by the Contractor of services connected with ensuring of the option to book the Hotel using the Platform and of other services available to be executed on the page intended for booking the Hotels;
Contractor[1] means
- AWADTICKET LIMITED (Stasandrou, 8, Flat/Office 301, 1060, Nicosia, Cyprus, registration number HE 349030);
- RUS e-Tickets SA (CH -550-105 2339-4, Avenue du Tribunal-Fédéral, 34, 1005, Lausanne, Switzerland);
- Bookbilet Ltd (2nd floor, bld.12, 7, Derbenevskaya naberezhnaya, Moscow, 115114; INN (Individual Taxpayer Number): 7743668859, OGRN (Primary State Registration Number): 1077763052751);
- Limited Liability Company BOOKTICKET (03113, Ukraine, Kyiv, Prospekt Pobedy 62-B, office 5; INN 361770026595);
- Limited Liability Company AWAD Ticket (2nd floor, bld.12, 7, Derbenevksaya naberezhnaya, Moscow, 115114; INN 7704719450, OGRN 1097746010724);
- Limited Liability Company Anywayanyday Tour (bld.12, 7, Derbenevskaya naberezhnaya, Moscow, 115114; INN 7725289400, OGRN 1157746865792);
Commission means a commission to be collected for acceptance of payments made 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;
Hotel means an accommodation place (hotel, hostel, rest home, health resort and etc.) with which, or with an authorized agent of which (hereinafter also referred to as the “Service provider”), the Contractor has entered into an agreement on sale of services thereof using the Platform;
Platform means the Website and/or Mobile application, owned, controlled and managed by the Right Holder and/or persons of the same group therewith, to be used to provide various services;
User means a legally capable individual who has reached the age of 18 years and books rooms at the Hotel in its own name or in the name of third parties;
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;
Fee means a service fee to be collected by the Contractor in excess of the Fares for ensuring of the option to book/cancel a reservation of the Hotel using the Platform;
Agreement means this Agreement between the User and the Contractor to be entered into by accepting the public offer;
Fare means an amount to be charged for booking/ accommodation/refusal of accommodation at the Hotel and for other services of the Hotel/Service provider. The Fare shall be established by the Hotel/Service provider at the 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;
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 and Fares established by the Hotel/Service providers, acknowledges his/her legal status and capacity, solvency, statutory powers to enter into this Agreement, to execute a reservation and make a payment in favour of any third parties, and also realizes of his/her liability for 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 of rooms at the Hotels in accordance with details specified by the User (date(s), place, category of the Hotel, room type and etc), on completion of a procedure to be observed in case of cancellation of services booked and paid as prescribed by this Agreement, and also any other related services available on the page intended for hotel room booking. The User undertakes to use the Platform only where he/she actually needs to book hotel rooms. 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 Hotel/Service providers using the Platform. In particular, the Contractor shall only ensure an option to book and cancel any services booked but legally binding obligations shall arise directly between the User and the Hotel/Service providers. The services on hotel room booking executed by the User shall be governed by the rules established by the Hotel/Service providers as may be amended. It is the obligation of the User to review the current version of rules established by the Hotel/Service providers regularly. The User shall warrant that any persons using the services booked by the User are aware of the terms and conditions hereof. The persons using the services jointly with the User shall be not a party to an agreement and may not make claims to the Contractor under the Agreement. The User hereby acknowledges his/her consent to the following: terms and conditions of cooperation with the Hotels/Service providers located within any foreign states shall be governed by legislation of such foreign states and may differ from the terms and conditions applied within the Russian Federation (including terms and conditions applicable in case of cancellation of a reservation and termination of an agreement). The Voucher shall specify final terms to be applied in case of cancellation including any amount to be withheld.
1.4. All the information relating to description of the Hotels, rooms, availability, Fares and Fare rules and any other terms of services shall be available using the Platform in the System in full accordance with such information provided in the booking system directly by the Hotels or Service providers. Despite the competence, the Contractor shall not be able to verify all the information furnished 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. The Contractor shall not bear liability for failure by the Hotels/Service providers to observe the terms and rules of booking because such terms and rules shall fall within their exclusive competence.
1.5. The star-rating of the Hotel displayed by the Platform shall constitute a subjective rating by the Service providers and Contractor’s specialists of quality of services to be rendered by the Hotel, this star-rating is not connected with official classifications of the Hotels, may not comply with them and is specified solely to make a search more easily in selecting the Hotel when booking. The Contractor shall not accept and shall not consider any claims by the Users and/or any third parties connected with non-conformity of the Hotel rating displayed by the Platform with the Hotel rating under any of official classifications (including classification and rating of the Hotel determined and specified by the latter itself).
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 publishing thereof in the relevant section of the Platform unless expressly agreed otherwise. This 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 functionality under this Agreement, the User undertakes:
- to update registration and other personal data where such data change.
Where personal data of the User or any of visitors are to be amended in the Order executed, such amendment will cause the Fares 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 in the Order. Thus, the User shall assume all potential risks (execution of the new Order, change in the Fare, total price, repayment of money and etc.) connected with his/her actions that caused errors, inaccuracies in the personal data provided;
- 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 the User’s login and password shall be considered by the Contractor as performed by the User itself and causes appropriate legal consequences.
2.3. The Orders executed by the User shall be conclusive. Immediately upon execution by the User of the Order and when paid, the Contractor shall execute or ensure execution of the Voucher. In some cases the Voucher shall be executed within 24 hours upon receipt of the Order and when paid. The Voucher shall be issued automatically upon confirmation by the Hotel/Service provider of a reservation, verification of a transaction made with a bank card or guarantee of further payment with an amount sufficient to repay penalties in case of no-show as prescribed by the Hotel rules.
2.4. Should the User fail to pay for the Order in full or in time and fail to comply with any other terms of this Agreement, such actions may be considered as rendering impossible the Agreement to be performed through the User’s fault and may result in refusal to render services and/or repayment of money.
2.5. Should any of the Hotels offer the lower Fares for certain dates of accommodation, the User is aware and agrees that the Fares offered may be subject to special restrictions and rules, for example, in case of cancellation or repayment of money paid for a reservation. In order to read these rules, the User is advised to review any details in the Hotel rules relating to these fares before making a reservation.
2.6. In some cases the Hotel may block on a bank card an amount needed to pay for one night up to all the period of reservation. The Hotel may take such action in order to verify validity of a bank card and as a measure of precaution (commercial risk reduction) in case of no-show or late cancellation of a reservation. Where the Contractor provides services on booking the Hotels which should be paid for immediately when executing the Order, the Contractor shall block and/or debit the total cost of the Order when paying with a bank card.
2.7. The Order shall be paid by one of the ways suggested by the Platform. The payment systems used to accept any payments may refuse to effect a payment.
2.8. The Contractor shall collect the Fee to be paid by the User for services on booking the Hotels and in case of refusal thereof which may be included in the cost of the Order when executing a reservation. The 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 cancelling a reservation.
2.9. 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.
2.10. 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.
3.1. Where the User wishes to cancel the Order, he/she should enter into the Personal account and confirm the cancellation in the Order selected. The charge for the Order cancellation may be collected from the User pursuant to the rules established by the Contractor/Service provider and/or the Hotel applicable in case of cancellation or no-show.
3.2. Where the User wishes to alter data of persons who will reside at the Hotel (surname of one or some visitors) and dates of accommodation, room type and the Hotel, the User should cancel the Order and make the new Order. In exceptional cases, in order to alter data of persons who will reside at the Hotel, the User may refer to a client support center of the Contractor (see contact details in the Voucher) and advise the Order number and new data of visitors. As a rule, this service is free but, in some cases, the Contractor may charge an extra fee for service on alteration of a reservation. The Contractor may also refuse to alter a reservation and, in such a case, the User should cancel the Order and make the new Order.
3.3. By booking rooms at the Hotel using the Platform, the User shall accept the terms and conditions and agree with a procedure to be observed in case of cancellation of the Order, rules applicable in case of no-show and with all additional terms, conditions and rules (rendering of hotel services) of the Hotel and with similar rules of the Contractor and/or Service provider. The general rules to be applied in case of cancellation of a reservation and actions to be taken in case of no-show shall be displayed by the Platform on the page intended to select the Hotel, when booking a room and in the Voucher.
4.1. When selecting the Hotel, the User may make payments in Russian Rubles, Swiss francs, Euro, US dollars, and Ukrainian hryvnas.
4.2. 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. 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.
5.1. 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 submitted with delay, or the User violates the terms and conditions of this Agreement or documentation requirements;
— for actions of the Hotels/Service providers;
— 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 states, inter alia, for delay, refusal or change in 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/third parties has/have not the Voucher issued to it/them by the Contractor;
— where the User (third parties) fails to appear or comes late to the Hotel;
— where the User (third parties) does not observe the rules established by the Hotel;
— for authenticity and satisfactory execution by the User (third parties) of documents (authenticity of information contained therein).
5.2. 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.
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.
6.1. 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.
6.2. 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:
6.2.1. 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;
6.2.2. 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;
6.2.3. 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;
6.2.4. 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.
6.3. 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.
6.4. 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 payment currency selected when executing the Order