Public offer for the conclusion of a services contract
This document is a public offer of the Private enterpreneur Belash Volha, Payer’s Identification Number 691186227 (hereinafter – the contractor) for the provision of tourist, excursion, transport services, as well as services for accommodation in the accommodation facilities located on the territory of the Republic of Belarus. This offer is addressed to the general public.
In case of acceptance of the conditions set out below an individual conducting the acceptance of this offer becomes the customer (in accordance with paragraph 3 of article 408 of the Civil Code of the Republic of Belarus acceptance of an offer is tantamount to the conclusion of the contract on the terms set out in the offer), and the contractor and the customer jointly become parties to the services contract.
The conditions of this offer by the customer shall be deemed accepted in case of a 100% prepayment by the customer to the contractor for the ordered services in the manner and on the terms set out in this offer (paragraph 3 of article 408 of the Civil Code of the Republic of Belarus). The date of acceptance of this offer and therefore the moment of the conclusion of the services contract between the contractor and the customer will be the date the funds are credited to the account of the contractor.
In connection with the above, be sure to read the text of this offer and check out the prices for services.
The services contract (hereinafter – the services contract) made in the above manner shall be deemed concluded in writing (paragraph 2, paragraph 3 of article 404 and paragraph 3 of article 408 of the Civil Code of the Republic of Belarus) is not required to be executed on paper and is legally binding upon the parties.
Conditions of the services contract:
In this contract, the following terms have the following meanings:
Website means the Contractor’s information resource on the Internet located at https://outdoortours.net.
Personal Account means a web page on the Website, which contains information about the customer and his/her bookings, access to which is provided by the Contractor to the Customer upon registration on the Website.
Booking Form means a digital document containing the booking number, the list and the value of services booked and paid for by the customer.
Accommodation Facility means inns, hotels, sanatoriums, health centers, recreation centers and other recreational facilities.
Room means a private furnished room in the accommodation facilities, consisting of one or several rooms equipped for the temporary residence of the customer, with all facilities according to room type.
Third Parties (Third Party) mean individuals, on behalf of which the customer enters into this services contract.
Basic Services mean the services specified in the Booking Form.
Additional services mean services not related to the Basic Services, which are ordered and paid for by the customer (third party) in the place/facility of receiving the service or provided to the customer (third party) free of charge.
Partner of the contractor (tour operator, travel agent, carrier, guide, sanatorium, recreation center, etc.) means a legal entity or an individual which on the basis of the Contracts concluded with the contractor directly provides services to the customer that are paid for by the latter using the method specified in the services contract or ensures their provision by third parties.
CHAPTER 1. SUBJECT OF THE CONTRACT
- Under the present contract the Contractor undertakes to provide the ordered services to the customer, and the customer agrees to pay for the services using methods provided on the Website.
- Information about payment for services using bank cards is given on the Customer’s Website. If the payment system has any reason to believe that the transaction is fraudulent, the bank has the right to refuse to conduct this transaction. Fraudulent transactions with bank cards fall under the Criminal Code of the Republic of Belarus.
- Refunds of amounts paid by the customer using a bank card are only possible by transferring the funds to the bank card, which was used by the customer to pay for services.
- Information about payment for services using the “Raschyot” system (SSIS) is given on the Customer’s Website.
- Refunds of amounts paid by the customer using the “Raschyot” system (SSIS) are possible to the bank card or the current bank account, which are specified in the application.
CHAPTER 2. GENERAL TERMS AND CONDITIONS
- Additional services that the customer chooses at will in the accommodation facility (in the recreational facility), which are not indicated in the Booking Form, the customer pays for by himself/herself.
- Arriving late for check in to the accommodation facility shall not be a reason for extending the period of staying in the accommodation facility chosen by the customer. In addition, in case of customer’s late arrival for check in to the accommodation facility, early departure fr om the accommodation facility or failure to timely check in to the accommodation facility the money for unused days/services will not be refunded by the contractor to the customer, except when the partner refunds the money to the contractor for recreation days/services unused by the customer. Should the customer be late for the beginning of the tour or fail to arrive, the service shall be deemed rendered and the cost of the tour service will not be refunded to the customer.
7.1. The customer confirms that his state of health and the health of third parties under this agreement allows him to receive the full range of services under this agreement, and he (they) do not have any contraindications or restrictions for performing actions according to the tour program.
CHAPTER 3. REGISTRATION ON THE WEBSITE
- In order to book services, the customer shall register on the Website by typing the e-mail address which is used for registration. If the customer is not registered on the Website, the Contractor shall be entitled to carry out the registration own its own, when carrying out booking. Registration is carried out using the e-mail address specified by the Customer in the relevant field, which will later be used as a login to the customer’s personal account on the Website. In this case the password to the personal account on the Website is sent to the address specified by the customer.
- The contractor shall not be liable for the accuracy and correctness of the information provided by the customer during registration.
- The Customer agrees not to disclose to other persons the username and password specified during registration. If the customer has any suspicions about the safety of his/her login and password, or there is a possibility of their unauthorized use by other persons, the customer shall immediately notify the contractor by sending an e-mail to firstname.lastname@example.org.
- All communications between the parties concerning the ordered services and the performance of other obligations under this services contract shall be carried out via e-mail the address of which is given by the customer during registration. In this regard, the customer shall be obliged to regularly, up to the moment of rendering services, independently monitor the current status of his/her booking, including checking email for more information about the possible changes and, if necessary, requesting information from the contractor using the telephone number specified on the Website.
The contractor shall not be liable for any consequences arising from customer’s lack of information about changes in booking that have occurred through no fault of the contractor (cancellation of booking, delay of customer’s payment by the bank, etc.), subject to contractor’s compliance with the procedure for notifying the customer of any changes in bookings.
CHAPTER 4. RIGHTS AND OBLIGATIONS OF THE PARTIES
- The contractor undertakes:
12.1. After customer’s payment for services to send the Booking Form that includes all services booked by the customer to his/her e-mail specified by the customer when booking services. The Booking Form will serve as a basis for the receipt of booked and paid services by the customer.
12.2. To ensure quality, including security of services rendered.
12.3. To take measures to comply with the rights and legitimate interests of the customer (third party).
12.4. In case of absence of a minimum number of people (tourists) defined by the tour program, to inform the customer no later than 10 calendar days prior to the tour. In case of absence of a minimum number of people (tourists) defined by the tour program, the contract shall cease to have effect provided that the contractor refunds the cost of tour services to the customer and informs the customer within the period specified in this paragraph.
- The contractor shall not be responsible for paying customer’s medical expenses incurred during the provision of services, including those not covered by insurance obtained with the assistance of the contractor.
- The contractor shall have the right to:
14.1. Require from the customer complete, reliable information, documents, as well as information about him/her and the third person to the extent necessary for the performance of its obligations hereunder.
In this case the customer agrees to:
– the entry and storage of customer’s personal data in electronic systems by the contractor (third party);
– the transfer (sending) of customer’s personal data to other parties/partners by the contractor (third party).
14.2. To demand from the customer compensation for losses caused to the contractor (damage caused) in cases and according to the procedure established by law;
14.3. To change the carrier, the point of departure or arrival, the route of transportation without additional coordination with the customer, while maintaining the other essential terms of the services contract.
- The customer undertakes:
15.1. To provide the contractor with complete and accurate information about himself/herself
(third person) to the extent necessary for the performance by the contractor of obligations hereunder;
15.2. In case of unilateral refusal from the services contract to reimburse the contractor for its actual expenses incurred in the performance of this contract, including the costs listed in paragraphs 28, 29 hereof;
15.3. To timely arrive at the accommodation facility as well as at places of gathering and departure of the group at the time of the tour;
15.4. To observe the laws of the country (place) of temporary stay, to respect its political and social system, customs, traditions and religions of the population;
15.5. To treat the environment, material historical and cultural values with due care;
15.6. To observe entry and exit rules of the country (place) of temporary stay (transit countries); observe the rules of personal safety;
15.7. To have duly issued entry, exit and other documents required for entry/exit in accordance with the laws of the country, to, from or through the territory of which the customer will travel;
15.8. To observe the regulations imposed by the competent authorities of the Republic of Belarus with respect to introduced local taxes;
15.9. To observe the rules of living in the accommodation facility;
15.10. To comply with the terms and conditions of this contract.
CHAPTER 5. LIABILITY OF THE PARTIES
- The Parties shall be liable for any failure to perform or the improper performance of their obligations hereunder in accordance with the laws of the Republic of Belarus.
- Parties shall not be liable for any failure to perform or the improper performance of their obligations hereunder if it was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions, such as natural disasters, acts of war, acts of terrorism, prohibitive decisions of state/government agencies, epidemics, viral diseases and other infections, man-made disasters, explosions, riots, piracy, change of visa regimes of foreign countries and other circumstances that are outside the sphere of influence of the parties hereunder.
- In case of force majeure and the impossibility to perform the obligations under this contract, each party shall be entitled to demand from the other party the return of everything that it has performed without receiving consideration.
- If during the period of service provision indicated in the Booking Form the customer (third party) on his/her own initiative cancels the service, the contractor shall not refund the cost of the service to the customer. If during the period of service provision indicated in the Booking Form the customer (third party) on his/her own initiative decides to replace the service (for example, in relation to the accommodation facility, mode of transport, route, etc.), the customer (third party) shall pay for this service and the contractor shall not be liable for its quality and quantity. In this case, the contractor shall not reimburse the customer for the cost of the replaced service and shall not reimburse the difference in the cost of services.
- The Contractor shall not be liable for:
20.1. the correctness of entry/exit documents of the customer (third party);
20.2. damage caused to the customer (third party) through his/her own fault or through the fault of other persons and/or partners of the contractor, who provided the customer (third party) with additional services acquired by the customer (third party) directly from other persons and/or partners of the contractor both for a fee and free of charge;
20.3. the possible damage caused to the customer (third party) due to his/her non-compliance with regulations and security measures, as well as a result of its own negligence;
20.4. failure by the customer (third party) to obtain a visa, including visa refusal or delay in the issuance of documents in embassies (consulates) of foreign countries, including in cases wh ere the customer (third party) applies for a visa himself/herself;
20.5. the quality and amount of additional services paid by the customer (third party) on his/her own to other persons and/or partners of the contractor;
20.6. failure to meet the conditions of this contract due to the provision by the customer of incorrect information about himself/herself or the third person, failure by the customer to provide the documents necessary for the visa in a timely manner or in full;
20.7. the fact that services are not provided through the fault of the customer (third party) in connection with violation of the laws of the Republic of Belarus or transit countries, including violations of customs, visa, border, sanitary and quarantine regulations;
20.8. quality of additional services provided by other persons and/or partners of the contractor, who directly serve the customer (third party), as well as additional services provided by accommodation facilities both for a fee and free of charge at the place of residence of the customer (third party);
20.9. customer’s (third party’s) late arrival for the announced time of gathering of the group or the departure time, customer’s (third party’s) late arrival for the customs control, late arrival for check in to the accommodation facility, sightseeing and other activities;
20.10. adverse weather conditions at the place of temporary residence;
20.11. the removal of the customer (third party) from the flight and (or) refusal of entry (exit) by customs, border, sanitary and other services;
20.12. incorrectness of documents issued by embassies (consulates) of both foreign states and the Republic of Belarus;
20.13. violation by the customer (third party) of travel, registration or baggage rules and other regulations, which shall be complied with by the customer (tourists) according to law;
20.14. a variety of dishes and their taste characteristics, the peculiarities of their cooking at the place of temporary stay (in the accommodation facility);
20.15. location of the rooms provided to the customer (third party) by the administration of the accommodation facility in the resettlement administration during check in (floor, distance from the administration desk (reception), elevator, etc.);
20.16. seating arrangement in the bus/on the plane/train in case of transportation;
20.17. preservation and delivery of customer’s (third party’s) baggage, except in cases wh ere the contractor is a carrier and baggage carried in the baggage compartment is lost or damaged in any way through the fault of the contractor;
20.18. theft of customer’s (third party’s) items, personal injury and damage to customer’s (third party’s) items caused by the actions of other persons;
20.19. cancellation or change of departure time of flights, rail and bus runs and the associated changes in the timing of the provision of services. Flight number, class of transportation and other rules of transportation of passengers and baggage are indicated in the ticket;
20.20. the quality of Internet access, including via Wi-Fi technology in the accommodation facilities and at other places of temporary stay of the customer (third party) during the period of service provision;
20.21. presence of insects, birds, animals, flowering plants, as well as other representatives of fauna and flora in places of temporary stay of the customer (third party) during the period of service provision;
20.22. the quality of the coastal seabed adjacent to the beach area of the accommodation facility and the quality of the coating of the coastal beach zone (sand, pebbles, stones, etc.).
20.23. mismatch between tourist services and unreasonable expectations of the customer (third party) and his/her (their) subjective assessment.
20.24. possible inaccuracies and errors made by partners of the contractor when posting their information at https://outdoortours.net/ , for the inaccuracy of the information posted by partners of the contractor on these websites including in respect of the category of accommodation facilities, as well as for possible inaccuracies and errors in the promotional materials of partners of the contractor.
- If the customer (third person) has obligations owed to the court or other state competent authorities, giving rise to the imposition on the customer (third party) of the restriction (ban) to travel abroad, the contractor will not be responsible for the consequences due to this restriction (ban). The contractor shall not be liable for refusal by the representatives of the customs authorities of the Republic of Belarus of entry of the customer (third party) to the territory of the Republic of Belarus.
- It is not a violation of this contract to accommodate in the room of the accommodation facility, in which the number of beds exceeds the number of places indicated in the Booking Form, provided that the number of persons accommodated corresponds to the number indicated in the Booking Form (for example: accommodation of two persons in the room of the accommodation facility with three beds).
- It is not a violation of this contract to accommodate the customer (third party) and his/her (their) children in the room of the accommodation facility, which is intended to accommodate a smaller number of people, but there are extra beds in the room of the accommodation facility to accommodate the children.
- The customer is informed and agrees that flight, rail and bus travel documents are separate agreements between the customer and the carrier and the certificate of insurance (insurance contract) is an independent contract between the customer and the insurance organization and therefore all claims in respect of transport and insurance shall be sent by the customer to the carrier and (or) to the insurer respectively.
CHAPTER 6. MODIFICATION AND TERMINATION OF THIS CONTRACT, CANCELLATION OF SERVICES BY THE CUSTOMER AND REFUND PROCEDURE
- Modification and termination, including termination, of this contract shall be made on the grounds provided by this contract and law.
- This contract may be terminated unilaterally by the contractor, subject to full reimbursement to the customer for losses confirmed by documents.
- In case of cancellation by the customer of services (cancellation of the services contract) in whole or in part prior to their start date the customer shall cancel the booked services by himself/herself in the personal account at https://outdoortours.net/ or send a letter of cancellation of services to the e-mail address email@example.com. Should the customer have no such possibility (the lack of Internet access, etc.), the customer shall contact the contractor by phone and cancel the services by word of mouth (+375298740828). The contract shall be deemed terminated after assigning a “Cancelled” status to it by the contractor in the Personal Account and sending the relevant service letter to the customer.
- In case of cancellation by the customer of services (cancellation of the services contract) in whole or in part prior to their start date regardless of the reason the money for the services paid shall be refunded by the contractor to the customer’s account specified in the customer’s application for service cancellation minus expenses actually incurred by the contractor and related to the organization of the provision of services to the customer (third parties), including the payment of a bank fee for the transfer of funds to the contractor’s partner, the penalties imposed by the contractor’s partners for cancellation of services, other expenses of the contractor confirmed by documents.
28.1. Refunds are made within 45 calendar days from the receipt of all necessary information from the Customer. The term for returning funds to the Customer can be changed based on the rules established by the recipient bank at the time of return.
- The customer is informed and agrees that if the obligation to organize transportation is entrusted to the contractor and reflected in the Booking Form, in the event of cancellation of services by the customer (cancellation of the services contract), the cost of tickets for charter and scheduled flights, the cost of transportation services included in the group bus tours shall be refunded in the amount and according to the rules set out by the carrier.
CHAPTER 7. CLAIMS AND SETTLEMENT OF DISPUTES
- This contract provides for a mandatory pre-dispute settlement procedure by way of exchange of written claims and responses to such claims.
- In case of disputes regarding service at the place of temporary residence (place of service), the customer (third party) shall be required immediately report the situation to the representative of the service party/accommodation facility, so that the claim is settled on the spot. In case of unjustified refusal to satisfy the requirements of the customer (third party), the latter shall at the place of receipt of the service draw up a claim in writing and get them certified by the representative of the service party/accommodation facility and confirm it by documents, as well as contact the contractor by e-mail to firstname.lastname@example.org or by tel.: +375298740828.
- Should it be impossible to submit the claim during the trip due to objective reasons, the customer (third party) shall be entitled to submit it directly to the contractor and the contractor shall be obliged to consider it within the time limits established by law.
- Claims shall be submitted in writing accompanied by the necessary documents confirming the incident (reports, certificates, receipts, checks, etc.).
CHAPTER 8. FINAL PROVISIONS
- The customer is informed and agrees that:
34.1. in certain cases provided for by the laws of the Republic of Belarus, upon arrival at the accommodation facility a resort fee or other tax shall be paid to the accommodation facility at a rate according to the laws of the Republic of Belarus;
34.2. upon arrival at the sanatorium or at the request of the head of the tourist group it is necessary to have an extract from medical records issued by the health institution not earlier than one month prior to the commencement of services. In case of absence of this document sanatorium-resort treatment will be delayed until the completion of the required pre-examination in the sanatorium, which will be carried out on a paid basis. In the absence of this document, the head of the tourist group has the right to refuse the provision of services to the customer;
34.3. the customer (third party) shall be fully liable to the persons directly providing services to the customer for damage caused to them by the customer (third party) during the period of recreation and/or residence;
34.4. accommodation facilities shall not accommodate the customer (third party) without an identity document and the Booking Form;
34.5. information about the possibility or prohibition of conducting the booked service and coming to the accommodation facility with animals is posted at https://outdoortours.net/. The absence of such information is considered a ban. In case of violation of the rules of living in the accommodation facility the contractor shall not be responsible for refusal by the accommodation facilities to accommodate the customer (third party). No refund shall be made to the customer by the contractor in case of refusal by the accommodation facility to accommodate the customer (third party), who arrived together with an animal.
34.6. For violation by the customer (third party) of the rules of living in the accommodation facility the customer can be subjected to forced check-out without reimbursement to the customer by the contractor for days of stay unused by the customer (third party);
34.7. the check-out time in the accommodation facility (check-in time means the time at which the customer shall be provided with a room/check-out time means the time at which the customer shall vacate the room) shall be indicated in the Booking Form. The customer (third party), who arrived at the accommodation facility ahead of schedule, shall be accommodated subject to availability of vacant rooms at an extra charge according to the price list as in effect at the time of arrival of the customer (third party). Should any room be vacated, prior to the accommodation of the customer (third party) the latter shall provide the staff of the accommodation facility with the opportunity to clean the room;
34.8. There can be construction and engineering works, utilities and equipment, shops, restaurants, discos, car parks, other organizations, lighting masts, pedestrian zones, highways, rail roads, etc. in the immediate vicinity of the accommodation facilities (temporary accommodation), resulting in possible occurrence of noise, visual effects, odors, vibrations etc. Since all of these objects and phenomena are outside the sphere of influence of the contractor, the latter shall bear no responsibility for them.
- In case of the conclusion of this contract in favor of third parties the customer undertakes to ensure compliance by these third parties with the terms and conditions of this contract and thus expresses their consent to terms and conditions hereof.
The number of third parties that provide services in accordance with this contract stated in the Booking Form.
CHAPTER 9. DURATION OF THE CONTRACT
- The contract shall enter into force on the date of receipt to the Customer’s bank account of the money paid by the Customer for services ordered and shall be valid until the Parties fulfill their obligations.
- All disputes hereunder shall be settled in accordance with the laws of the Republic of Belarus.
CHAPTER 10. DETAILS OF THE CONTRACTOR
Private enterpreneur Belash Volha
222410Republic of Belarus, Minsk region, Vileyka.
State registration of 16.11.2019 by the Vileyka district executive committee.
Payer’s Identification Number 691186227
Current account (Belarusian rubles)
Settlement account (Belarusian rubles) B989 BAPB 3013 7096 0001 0000 0000
in Belagroprombank OJSC
UNP 100693551, OKPO 00040577