THE CONTRACT OF A PUBLIC OFFER
This public offer of the Limited Liability Company "Turbaza.ru", hereinafter referred to as the Company, is an official offer to the visitors of the https://turbaza.ru/ website to conclude a contract on terms and conditions, set forth in this Offer (hereinafter referred to as the Agreement). In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as "the Civil Code of the Russian Federation"), if the following conditions are accepted, an individual or a legal entity who accepts the Agreement becomes a "Client" (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is tantamount to entering into a contract on the terms and conditions set forth in the Contract), and the Company and the Client jointly become the Parties of the Agreement. If you do not agree with the following terms and conditions, you have the right to refuse to act further and do not conclude the Agreement.
1 Terms and definitions
For the purposes of this Agreement, the following terms shall have the following meaning
Acceptance of the Agreement - full and unconditional acceptance of the terms and conditions of the Agreement by performing certain actions, as specified in section p. 2.6 of the Agreement. The authorization shall mean the process of analysis of identification data (information) entered by the Client on the Company's server, that is meant to establish the authenticity of the claimed identity). Customer data (information) shall mean personal information (including personal data) related to the Customer. Agreement shall mean an offer agreement concluded between the Company and the Client during the registration.
Information shall mean the description of rooms, services on property, name, text description, images, graphical materials, notes, multimedia, as well as their price including all taxes, the number of rooms and types of services available for booking, check-in/check-out time, no-show conditions. The information also includes the cancellation rules and/or rules on booking changes (if applicable). Client shall be an individual or a legal entity who has concluded an agreement with the Company by accepting the offer in the manner and at conditions established by this Agreement. Access key shall mean a login and a password used by the Client to enter the Personal profile which are recognized by the Company and the Client as an uncontroversial confirmation of the submitted transactions, orders, demands, and notifications. The company shall mean Turbaza.ru Co., Ltd INN/KPP 344511112586/784101001, OGRN 1103460004262, the legal address: 191186, Moscow. Saint-Petersburg, 2, Italyanskaya St., OF. 509. Personal account shall mean a part of the site that is made accessible to the Customer after registration and authorization by the authorization key.
Room shall mean a room in the property (and, if applicable, also a house (cottage) and parts of them, apartments, bed/seat in common areas, etc.) which is the subject of the booking. Accommodation object ("Hotel", "Boarding house", "Sanatorium", "Recreation center", "Guesthouse", "Hostel", etc.) shall mean any premises available for booking, with related information about it being published on the website.
Site shall mean a set of intellectual property objects, such as: programs, databases and their structures, information materials, graphic elements, drawings, photo and audiovisual materials, general design, all above-mentioned solutions united by the requirements of functionality, logic, design, thematic orientation and purpose, meant for publication on the Internet and displayed in a certain text, graphics or audio forms, by means of which the Company provides an opportunity to the Clients to check the list of services provided by the properties. For the purposes of this Agreement, the Company's website shall be the website of the Company placed on the Internet at https://turbaza.ru Services shall mean accommodation services in the rooms of the property, as well as other services offered at site.
Live chat shall be a means of real-time communication via the Internet, as well as a software that allows you to make such communication.
2. General provisions
2.1. in accordance with the Agreement, the Company provides the Client with real-time access to the site to provide information services. The Client can select a property and submit requests under the terms of this Agreement.
2.2. rights and obligations under the Agreement arise directly between the Customer and the property on the terms and conditions specified in the Agreement, as well as those placed on the website.
2.3. The company does not provide services on its own under this Agreement and does not act as an intermediary between the Client and the property. The Company provides the Client with the information about the property, including available descriptions, images, availability of rooms, booking conditions and price of accommodation upon the request of the Client.
2.4. the Agreement is considered concluded and takes effect from the moment of acceptance of the Agreement, i.e. when the Customer performs any of the following actions on the website: registration and/or submitting a request.
2.5. After the Client has performed the above actions on the website, the acceptance of the Agreement is considered to have been received by the Company and Contract shall be deemed concluded, which means that the Client unconditionally agrees to all provisions of the Agreement without any exceptions or restrictions.
2.6. the Customer agrees to the terms and conditions of the Agreement and concludes the Agreement by checking the box near "I accept the terms and conditions of the Public Offer Agreement" at the last step of registration and/or submitting a request on the website. By accepting the terms and conditions of the Agreement, the Client certifies his/her legal and legal capacity and financial solvency, as well as accepts responsibility imposed on the Client as a result of the conclusion of the Agreement. The Clients undertakes the following possible risks (new booking, fare changes, etc.) related to the Client's presumptions mistakes, providing incorrect personal data, etc.
2.7. the Company reserves the right to make changes to the Agreement, therefore, when submitting requests, the Client accepts the terms and conditions set out in the updated and/or edited Agreement, and the contract is considered concluded on these terms.
2.8. The changes come into force and become binding for the Client from the moment they are posted on the site. Clients monitor changes on their own, no additional notices to the Client about changes are required.
3. Request processing
3.1. In order to conclude this Agreement, the Client shall register, get the authorization key the access personal account. The Client needs to fill in the online application form.
3.2. The online application form is available on the Company's website. When filling out the application form, the Client shall fill in all fields marked as required (the "Additional information" field is not required as services listed there are provided by the accommodation optionally).
3.3. The Client confirms that the personal data entered on the website, as well as the data of the third parties on behalf of which the Client submits a request, is correct. The Client guarantees its accuracy, completeness and reliability. The Client agrees to the processing of personal data and accepts the terms and conditions of this Agreement.
3.4. The Client shall carefully read through the conditions and rules of the property before submitting a request. In case the Client does not understand any booking conditions, the Client should check them with the accommodation.
3.5. Check-in and check-out time are set by the property unilaterally.
4. Rights and obligations of the parties
4.1. The Company agrees
4.1.1 To provide the Client with all information about the property that is required to fulfill the obligations under the present Contract.
4.1.2. To maintain the performance of the website and take all measures for its smooth operation, However, the Company cannot guarantee the smooth operation of the website.
4.1.3. To take all necessary security measures to keep confidential information protected.
4.1.4. Upon the Customer's request, to provide information regarding the processing of his/her personal data in order and in accordance with the legislation of the Russian Federation.
4.2. The company has the right:
4.2.1. To oblige the Client to comply with the terms of the Agreement when using the site.
4.2.2. To suspend the provision of services for troubleshooting technical issues or under other circumstances that prevent delivery of the services. At the same time, the Company carries out technical maintenance of the site, if possible, during the off-peak time.
4.3. The Client is obliged:
4.3.1. to read and comply with the terms and conditions set out in this Agreement .
4.3.2. to ensure the security of the equipment and software used by the Client to submit requests on the website.
4.4. The client has the right:
4.4.1. To receive full information about the property including contact information, location and other details.
4.4.3. Cancel subscription to marketing messages at any time by clicking a link in the message.
4.4.4. Contact the Support team to resolve issues.
4.4.5. Request information from the Company regarding the processing of the personal data in the manner prescribed by the legislation of the Russian Federation on personal data.
4.4.6. Withdraw consent to the processing of personal data. At the same time, the Customer agrees that if the lack of this consent prevents the Company from fulfilling its obligations under the Agreement, the Company has the right to terminate Agreement unilaterally.
4.4.7. Contact the Company's technical support team and send recommendations, comments, suggestions via Email.
5. Modifying and terminating Agreement
5.1. the Company reserves the right to modify the terms of the Agreement at any time that are valid from the moment they are published on the website or withdraw them.
5.2. the Agreement may be terminated at any time by the Client by sending a notification to the Company Email address. The Company may terminate the Agreement at any time without preliminary Notification in case of violations of the advertising conditions by the Client.
6.1. the Company guarantees the security of the personal data provided by the Client during the registration and when submitting requests. The Client is responsible for the security of his authorization keys (login and password), as well as for all actions performed in the Client's personal account. The Client releases the company from liability for losses caused by unauthorized use of the Client data by the third parties. The Company does not bear responsibility for the information provided by the Client on the website in a public form.
7. Personal data processing
7.1 In accordance with the provisions of the Federal Law from July 27, 2006 No. 152-FZ "For Personal Data", personal data processing of accommodation facilities by Client or the third parties specified by the Client as consumers of the accommodation product shall be carried out for the purposes of this Agreement.
7.2. in order to provide information services (including registration of submitting requests), the Client provides Company the following information: the first name, the last name, the second name, phone number, date of birth, Email address. By accepting terms and conditions of this Agreement the Client gives consent to the processing of the personal data by the Company in order to provide services. Data processing includes the transfer of personal data to the owners, managers or administrators of the property selected by the Client. Transfer of personal data to the above-mentioned persons shall not be considered as a disclosure.
7.3. Client personal data processing includes collection, recording, systematization, accumulation, storage, refinement (updating, modification), extraction, use, transfer (distribution, provision), access), depersonalization, cross-border transfer, blocking, deletion, destruction of personal data.
7.4. the Client confirms that the consent has been given without limitation of the term of validity. The client confirms that he is aware of his right to revoke this consent.
7.5. Upon withdrawal of the Client's consent to the processing of personal data, the Company undertakes to stop processing and destroy the Client's personal data.
8. Limitation of liability
8.1. the Company does not bear any responsibility for causing any harm to the Client by any actions/inaction of the property and other partners of the site. The Company is not responsible for the communication channels used by the Client, and therefore for any financial or other loss caused by using the unprotected communication channels.
8.2. the Company shall not be liable to the Client in the event of complete or partial inoperability of the system and her the components for any period, as well as when the Client is unable to access the system or bearing any indirect or direct costs arising from these circumstances.
8.3. the Company is not liable for any breach of the terms of the Agreement if such breach is caused by the action Force majeure (force majeure), including: actions of public authorities, fire, the flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil disturbances, riots, any other circumstances, not limited to the above, which may influence the Company's compliance with the terms and conditions of this Agreement.
8.4. the Client relieves the Company of any liability for negative consequences or losses caused by the events and circumstances beyond its competence, as well as for actions (inactions) of the third parties including those caused by inaccurate information and documents submitted by the Client, or in case of violation of the provisions of the Agreement or requirements to documents, for activity/inactivity of the property. In these cases, the properties are to be found liable.
8.5. the Company is not responsible for possible inaccuracies and errors in the description, prices, and other information objects placed on the site, or when using the sites of the Company's partners. The Company reserves the right to make changes and correct any inaccuracies and errors. The Company is not responsible for the failure of the property or service providers to comply with the booking conditions.
8.6. The Company is not responsible to the Client and does not pay any compensation to the Client for the expenses incurred by the Client in case of failure to fulfill the obligations due to inaccuracy, insufficiency of information and documents submitted by the Client, as well as actions of authorities or the third parties.
8.7. the Company is only liable for direct and actual damage caused by the culpable neglect of the Company employees.
9. Other conditions
9.1. the site contains links to the other sites which are intended solely for the convenience of clients and they are not a recommendation to visit such sites. These sites are independent. The company is not responsible for their content and for the consequences of visiting them and/or purchase of goods, works and Client services.
9.2. if the Client has any questions, he/she should contact the property by phone, in chat or via Email.
9.3. in all other cases not mentioned in this Agreement the parties shall comply to the current legislation of the Russian Federation. All possible disputes arising from the provisions of the Agreement will be resolved in the courts of the Russian Federation in accordance with the current legislation of the Russian Federation.
9.4. the invalidation of any provision of this Agreement by a court does not entail invalidity of the remaining provisions or of the whole Agreement.
9.5. This Agreement shall enter into force from the moment of being placed on the Internet at https://turbaza.ru/en/terms/ and valid until the moment of withdrawal of the Agreement by the Company.