Public Offer Agreement for the Provision of Services
This Agreement constitutes an official offer (public offer) by Individual Entrepreneur Yushchenko Oleg Anatolyevich (OGRNIP 318519000006004, hereinafter referred to as the "Contractor"), addressed to an indefinite circle of persons (hereinafter referred to as the "Customer"), to conclude this Public Offer Agreement for the provision of services (hereinafter referred to as the Public Offer Agreement, Agreement) in the manner and on the terms stipulated herein.
In accordance with Articles 437 and 438 of the Civil Code of the Russian Federation (hereinafter referred to as the RF Civil Code), upon acceptance of the terms of this Agreement set forth below, the person performing acceptance of this public offer shall become the Customer (in accordance with Article 438 of the RF Civil Code — acceptance of the offer shall be equivalent to conclusion of the agreement on the terms set forth in the offer).
FOR THE PURPOSES OF THIS OFFER, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
OFFER — a public proposal by the Contractor to conclude this Public Offer Agreement for the provision of services, addressed to an indefinite circle of persons, and published on the Internet at the address: https://сияниесевера.рф.
ACCEPTANCE OF THE OFFER — full and unconditional acceptance of the offer by performing: actions to confirm submission to the Contractor of an application for booking services (by clicking the "book" button on the website https://сияниесевера.рф, the person wishing to receive the service consents to all terms of the public offer and confirms the booking) or actions to pay for the Contractor's services (including making an advance payment as a prepayment) in cash and/or non-cash form. Acceptance of the Offer creates the Agreement and the Customer's consent to all its terms.
CUSTOMER — natural persons, individual entrepreneurs, legal entities that have performed Acceptance of the offer and thereby become Customers of the Contractor's services under the concluded Public Offer Agreement.
A Customer may be a person who has confirmed a booking via the website https://сияниесевера.рф, as well as a person who has submitted an application by telephone or via the contacts published on the website https://сияниесевера.рф, but has made a prepayment for the Contractor's services according to the payment details or invoice issued by the Contractor.
Evidence of the Contractor's receipt of Acceptance of the offer shall be the sending to the Customer of an email and/or SMS notification (including via messengers) confirming the booking or the making of a prepayment.
The Agreement does not require affixing of seals and/or signatures by the Customer and the Contractor (hereinafter referred to as the Parties) and shall retain its legal force regardless.
1. SUBJECT MATTER OF THE AGREEMENT
1.1. The Contractor undertakes, at the Customer's request, to provide the following services: accommodation, catering, equipment rental, gear, inventory and supplies, comprehensive excursion services and other cultural and recreational services (hereinafter referred to as the services), and the Customer undertakes to pay for these services on the terms specified in this Agreement.
1.2. The Contractor provides services at the following location: Murmansk Region, Teriberka Village, Northern Glow territory, Aurora Street, 10, on land plots with cadastral numbers 51:07:0030104:966, 51:07:0030104:1313.
2. QUALITY OF SERVICES
2.1. The quality of services shall comply with mandatory requirements established by law or other regulatory act.
3. PRICE OF SERVICES AND PAYMENT TERMS
3.1. The current cost of services is published by the Contractor on the Internet at the address: https://сияниесевера.рф. The Contractor shall be entitled, at its sole discretion, to unilaterally change the cost of services either downward or upward, except in cases provided for in clause 3.2 of this Agreement.
3.2. After making the prepayment, the cost of services to be provided by the Contractor shall not be subject to change.
3.3. To confirm the booking, the Contractor shall send the Customer payment details or an invoice for making a prepayment (advance payment) for the services. The Customer shall be obliged to make the prepayment for the services within 3 (three) days after receipt of the payment details or invoice. The remaining portion of the cost of services (after the Customer has transferred the prepayment) shall be paid by the Customer to the Contractor within the number of calendar days prior to the start date of service provision agreed by the Parties, or on the start date of service provision, but before the commencement of services (this condition shall be agreed by the Parties when confirming the booking).
3.4. Settlements under the Agreement shall be carried out in the following manner: by depositing cash into the Contractor's cash register or by non-cash transfer to the Contractor's payment details.
3.5. The Customer's obligation to pay for the services shall be deemed fulfilled at the moment the funds are credited to the Contractor's bank account or the Customer deposits cash into the Contractor's cash register.
3.6. For each ordered service, the prepayment shall be calculated separately based on the cost of the service. The amount of the prepayment shall be communicated to the Customer upon confirmation of the booking by the Contractor.
3.7. Services shall be provided to the Customer only after full (100%) payment of the cost.
3.8. In the event of the Customer's failure to comply with the prepayment deadline stipulated in clause 3.3 of this Agreement, it shall be deemed that the Customer has unilaterally refused to perform the Agreement.
4. TERMS AND CONDITIONS OF SERVICE PROVISION, RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to provide the services stipulated in the Agreement within the timeframes agreed by the Parties upon confirmation of the booking.
4.2. The Contractor shall independently determine the technology for providing services while complying with mandatory requirements of regulatory documents.
4.3. The Contractor shall be entitled to engage any third parties (subcontractors) to provide services without additional consent from the Customer.
4.4. The Customer shall be obliged to fully familiarise themselves with the content of this Agreement.
4.5. The Customer shall be obliged to arrive at the service location in a timely manner in accordance with the terms of the confirmed booking.
4.6. The Customer shall be obliged to treat the Contractor's property carefully, through which or with the help of which services are provided to the Customer.
5. LIABILITY OF THE PARTIES
5.1. In the event of the Contractor's breach of obligations under the Agreement, the Customer shall be entitled to claim compensation for actual damages only. Lost profits shall not be subject to compensation.
5.2. The Contractor shall be entitled to demand that the Customer compensate losses in full in excess of the penalty (penalty-based penalty) in the event the Customer (or persons receiving the service under the same application as the Customer) damages the Contractor's property (owned by or otherwise lawfully held by the Contractor).
5.3. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement if such non-performance or improper performance results from the occurrence of force majeure circumstances, i.e., extraordinary and unavoidable circumstances under the given conditions that the Parties could neither foresee nor prevent by reasonable measures.
The existence of a force majeure circumstance must be confirmed by competent authorities. Upon the occurrence of such circumstances, the term for performance of the Parties' obligations under this Agreement may be changed proportionally to the duration of such circumstances. If these circumstances continue for more than 14 calendar days, each Party shall be entitled to refuse to perform obligations under the Agreement, and in this case the refund of funds shall be carried out in the manner prescribed by the legislation of the Russian Federation.
6. AMENDMENT AND TERMINATION OF THE AGREEMENT
6.1. The Agreement may be amended or terminated by mutual agreement of the Parties.
6.2. The Customer shall be entitled to unilaterally refuse to perform the Agreement by notifying the Contractor no later than 30 (thirty) calendar days (including the 30th day) prior to the service commencement date agreed by the Parties. If the Customer refuses to perform the Agreement later than the specified period, the prepayment for services shall be refunded by the Contractor in the following order:
from 29 (twenty-nine) to 15 (fifteen) days — 50% of the cost of services booked by the Customer;
from 14 (fourteen) to 7 (seven) days — 30% of the cost of services booked by the Customer;
less than 7 (seven) days — the prepayment for services shall not be refunded to the Customer.
In any case, upon refusal to perform the Agreement, the Customer shall be obliged to pay the Contractor's actual expenses incurred, if any.
6.3. The Contractor shall be entitled to unilaterally refuse to perform the Agreement by notifying the Customer within a reasonable period prior to the service commencement date agreed by the Parties and refunding the prepayment for services to the Customer. Otherwise, matters not stipulated by the Agreement shall be governed by the Civil Code of the Russian Federation regarding the consequences of refusal to perform the Agreement.
6.4. Upon unilateral refusal by a Party to perform the Agreement, it shall be deemed terminated from the moment the other Party receives the notification, including via email.
6.5. Amendment, termination, and unilateral refusal to perform the Agreement shall also be permitted in other cases provided for by the legislation of the Russian Federation.
7. DISPUTE RESOLUTION
7.1. Pre-trial (claim) procedure for dispute resolution:
7.1.1. Prior to filing a claim arising from the Agreement, the Party that believes its rights have been violated (hereinafter referred to as the interested Party) shall be obliged to send the other Party a written claim.
7.1.2. The claim shall set forth the requirements of the interested Party and their justification with reference to the norms of legislation and/or terms of the Agreement violated by the other Party. Copies of documents confirming the circumstances set forth therein shall be attached to the claim.
7.1.3. The Party that received the claim shall be obliged to review it and send a written reasoned response to the other Party within 5 (five) days from the date of receipt of the claim.
7.1.4. The interested Party shall be entitled to refer the dispute to court after 10 (ten) days have elapsed from the date of sending the claim.
7.2. All disputes and disagreements arising between the Parties within the framework of the Agreement or in connection therewith, including those relating to its conclusion, amendment, performance, breach, termination or declaration of invalidity, shall be resolved by a court at the location of the claimant in accordance with the legislation of the Russian Federation.
8. FINAL PROVISIONS
8.1. The Agreement shall enter into force from the moment of acceptance of this offer by the Customer and shall remain in effect until the Parties have fulfilled their obligations.
8.2. Delivery of legally significant messages:
8.2.1. Unless otherwise provided by law or the Agreement, applications, notifications, notices, demands or other legally significant messages, to which civil law consequences for another person are attached by law or a transaction, shall entail such consequences for that person from the moment the relevant message is delivered to them or their representative. The message shall be deemed delivered even in cases where it has reached the person to whom it was addressed (the addressee), but due to circumstances dependent on them was not handed over to them or the addressee did not familiarise themselves with it.
8.2.2. A legal entity bears the risk of non-receipt of legally significant messages delivered to the address specified in the Unified State Register of Legal Entities (USRLE), as well as the risk of absence of its body or representative at the specified address. Messages delivered to the address specified in the USRLE shall be deemed received by the legal entity even if it is not located at the specified address.
8.2.3. The Parties have agreed that legally significant messages sent to an email address shall be deemed duly transmitted to the other Party.
8.3. In other respects not regulated by this Agreement, the Parties shall be guided by the provisions of the applicable legislation of the Russian Federation.
9. CONTRACTOR'S DETAILS
Individual Entrepreneur Yushchenko Oleg Anatolyevich
INN: 519045629130
Registration Address: 183036, Murmansk Region, Kolа Town
OGRNIP: 318519000006004 dated 26.02.2018
Phone: +7 (921) 152-30-88
Email: north.shine051@yandex.com