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 and/or return the E-Railway 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;
E-Railway ticket Control coupon means an extract from the Carrier’s booking system that constitutes a document of strict accountability and is used, inter alia, for settlements with payment cards without using cash register equipment;
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 Joint Stock Company Russian Railways which directly provides and renders services on carriage upon the E-Railway ticket executed by the User;
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 purchases the E-Railway tickets in its own name or in the name of third parties;
E-Railway ticket Boarding pass means a document to be issued to a passenger upon the Electronic registration and intended for organization of boarding a train;
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 that provide the possibility of booking and paying for these services, with which the Contractor has entered into an agreement to provide the relevant services.
Carrier’s Rules means passenger transport rules available at http://pass.rzd.ru/static/public/en?STRUCTURE_ID=5116;
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 E-Railway ticket fare for ensuring of the option to execute and return the E-Railway ticket using the Platform;
Agreement means this Agreement between the User and the Contractor to be entered into by accepting the public offer;
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;
Electronic registration means a passenger’s consent with railway carriage based on a carriage agreement confirmed with the E-Railway ticket as a result of which the E-Railway ticket Boarding pass is issued;
E-Railway ticket means a document to be used to certify a passenger carriage agreement containing information on railway carriage of a passenger in electronic digital format.
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 clicking "Pay", in the form proposed by the Platform's functionality in automatic mode, the User confirms his familiarization with the terms of this Agreement, agrees to its conclusion in accordance with Art. 438 of the Civil Code of the Russian Federation, confirms acquaintance and agreement with the provisions of the privacy policy, the Carrier's Rules (s), Tariffs and Commissions of the Carrier (s), the Contractor's Fees and the rules of the provider (s) of additional services, their legal capacity and financial viability, the presence of the authority provided by law for concluding this Agreement, issuing Electronic train tickets and making payment in favor of third parties, is aware of the responsibility for the obligations imposed on it as a result of concluding the present Agreement, and agrees to the processing of personal data.
1.2. The Contractor shall provide the User with the services on disclosing information procured by the Platform, on assistance in booking and execution of the E-Railway 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 of the E- Railway tickets as prescribed by this Agreement. The User undertakes to use the Platform only where he/she actually needs to book and execute the E- Railway 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 and return the E-Railway tickets but legally binding obligations shall arise directly between the User/any persons in which favour the E-Railway tickets are executed and the Carrier. The Carrier’s services on railway 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 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 of the Carrier or its authorized representative. 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. 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. 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 functionality under this Agreement, 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 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 fare, 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 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. 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.
2.4. The site 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.
2.5. After the Order is paid, the Contractor shall send the E-Railway ticket Control coupon to e-mail specified when creating the Personal account.
2.6. In order to perform railway carriage of a passenger and/or of luggage, the User shall complete the Electronic registration where such registration may be completed in accordance with the terms and conditions established by the Carrier. Then, the E-Railway ticket Boarding pass shall be issued to the User.
2.7. The Contractor shall collect Fees to be paid by the User and included in the cost of the Order. The Fees 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, in returning.
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 E-Railway ticket 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 E-Railway ticket as Fraud, the User shall reimburse the Contractor any documented losses within 10 (ten) business days upon request by the Contractor.
3.1. The Order shall not be altered and the E-Railway ticket shall not be exchanged. The User shall return the E-Railway ticket and make the new Order.
3.2. The E-Railway tickets shall be returned in accordance with the Carrier’s Rules available at http://pass.rzd.ru/static/public/en?STRUCTURE_ID=5238 and in accordance with the information provided in the section “Return of Railway tickets” on the Website being an integral part of this Agreement. The tickets may be returned by one of the following ways: in the Personal account or by applying to the Carrier’s cashier (please find address at http://pass.rzd.ru/sellpoints/public/ru?STRUCTURE_ID=5243).
3.3. Where the User returns the E-Railway 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 User’s Order fulfillment including penalties paid in favour of Joint Stock Company Russian Railways and any other persons rendering services on execution/booking/return of the E-Railway tickets and also the Fee to be collected by the Contractor for services rendered using the Platform depending on service type. The Fee amount shall be displayed when executing a relevant service.
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 persons 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 the E-Railway ticket, 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. 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 voyage in order to follow all the route, procurement of visas (if required), valid passports, power of attorneys or other documents required for a 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 trains), 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 Carrier 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 to a place of train departure;
— where the User (a passenger) does not comply with the rules of conduct aboard the train established by the Carrier;
— where the User (a passenger) has not foreign valid passports 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.
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.