Welcome to "SportTours" Ltd ’s website http://www.sporttours.biz!
Please read these Terms and Conditions carefully before using or obtaining any content, products, or services through our Web sites.
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Conditions for the provision of travel services are available at the tour operator "SportTours " Ltd website http://www.sporttours.biz and are approved by order #7 from 01/08/2013.
Conditions for the provision of travel services, " SportTours” Ltd (public offer contract)
The present public offer is addressed to the general public as a written offer of the Limited Liability Company " SportTours " (BIN 1127746425949, INN 7706775690, address: 119180, Moscow, Bolshaya Polyana street, 7/10, building 3, accommodation 2, room 17), hereinafter referred to as Tour Operator, to enter into the services level agreement with Tour Operator on the terms set out below.
Access to and use of this Web site is subject to acceptance of the terms and conditions below ("Terms"). By accessing, using or obtaining any content, products, or services through the Web site, you agree to be bound by these terms as provided for in Clause 3, Article. 438 of the Civil Code.
Tour Operator wants to enter into an agreement on the conditions specified below:
- The tourist product - a set of transportation (transfer), accommodation services, tour services, and (or) other services provided by Tour Operator for the total price indicated in the Agreement for accepting the tourism product (hereinafter - services ) .
- Voucher - a document containing the conditions for the provision of hotel and other services (tourism product) , and confirming the payment for the tourism product. Website - Website www.SportTours.biz owned by Tour Operator listing hot deals and vacation packages.
- Agreement or the Agreement for accepting the tourism product - the contract between the customer and the tour operator, which is deemed executed by the Acceptance of this Offer.
- Tour operator - " SportTours” Ltd
- Customer - a person who has entered into a contract with the Tour Operator by means of accepting this Public Offer.
- Tourist - the customer or other person performing the direct use of the Tour Operator Services.
- Proposal - a real public offer.
- Acceptance of the Offer - complete and unconditional execution of all the terms specified in this Agreement
- Parties - Parties to this Agreement: Tour operator and customer.
- Service Providers - individuals (hotels, transport companies, etc.) directly providing services to the tourists.
2. Terms of Agreement
2.1. The acceptance agreement of the tourist product is deemed to be effective at the time when the Tour Operator receives a message from a Customer about the intention to book and pay for the services, transmitted in the form of the completed order form (hereinafter - the "Application"), issued by the Customer on the Tour Operator’s website pursuant to this Offer (acceptance).
2.2. Tour operator performs its customer service duties, provided that the parties agree in writing on all of the essential terms of the contract of the tourism product.
2.3. A contract is deemed to be in effect if the documents were exchanged by telephone, electronic or other communication means that allow to reliably establish the documents’ origination from a party to this Agreement.
2.4. To exchange the documents in order to enter into and perform under the Agreement, the following e-mail address of the Tour operator will be in use: email@example.com . The documents shall be approved only by the party that sent them, and do not require the signing of a bilateral.
2.5. Terms of Services, such as time and date of your arrival/departure and duration of your trip are not an essential condition of the Agreement and are defined by the verbal agreement between the parties.
2.6. The Parties agree that if during the period of travel a tourist has harmed other companies or individuals, or as a result of his wrongful actions, the authorities imposed a fine or other material recovery on him, and these damages, fines or financial penalty have been paid for the Tourist by the Tour operator or their authorized organizations, the tourist must, within ten days after the receipt of the claim from the Tour Operator fully reimburse the amount paid for the Tourist damage, penalty, or other material recovery.
2.7. If the Customer does not agree to the terms of at least one of the articles of this Agreement, the contract for the sale of services between the Customer and the Tour Operator is not effective.
2.8. Termination shall not relieve the parties from the obligation to comply with all financial and other obligations incurred prior to the date of termination of the Agreement.
2.9. The Customer warrants that at the date hereof all information transmitted to the Tour Operator about themselves and any accompanying tourists is true and free from material errors. In case of noncompliance of information validity the Customer will reimburse the Tour Operator for all losses incurred by it for that reason.
2.10. During the heavy season unilateral actions of the hotels’ administration, cause the Tour Operator to not always be aware on the changes and availability of certain paid and free services of the restaurants, bars, sporting and other events in or near a particular hotel and due to the fact that the Tour operator cannot have any influence on this process, a description of the hotels in the catalogs of the tour operators do not form part of this Agreement.
2.11. Customer prior to entering into the Agreement and informing about the hotel services has to check on the hotel website for possible changes in the information about the hotel facilities. The web site addresses of the hotels are available in the directory of the Tour Operator.
2.12. Customer knows that the payment for the tour services does not assure them to check into a hotel room immediately upon arrival, and their check out from the room just before
departure from the hotel. Check in /check out times from the hotel rooms are set independently by the hotels depending on the country/region of such hotel. According to the generally accepted international practices the Check in/check out times can vary from 12 00 to 16 00 o’clock local time.
2.13. The Tour Operator establishes the price for the tourism product based on the number of nights’ stay starting at 12 o’clock local time on the day of the arrival to the hotel until 12 o’clock local time of the date of the departure. This stay is payable by the Customer in full regardless of the actual location of the hotel. Check in into a hotel room before check-in time as well as the check out of the room later than the checkout time, require the Tourist to pay the cost of the full -night stay in the hotel, regardless of the actual time spent in the hotel room before / after the check in/out time.
2.14. The customer should inform the tourists about the fact that in the immediate vicinity of the hotel there may be construction, engineering, or production works, there may be shops, restaurants, discos, car parks, and other organizations, lighting masts, heavy traffic roads, railways and so on, resulting in possible occurrence of unwanted noise, visual effects, odors, vibrations etc. Such circumstances are outside the jurisdiction of the Parties and Service Providers, and they are not liable for them.
2.15. Tour operator uses the designation of categories of places and the quality of services provided therein (" Stars" or other characteristics) as set for them by the appropriate national certification bodies and/or licensing. Tourists Complaints, which served as the basis for their subjective evaluation of the category of hotels and high expectations from the stay, without providing documents with claims will be evaluated by the Parties as not objective.
2.16. The Parties recognize a written document and messages transmitted by facsimile or e–mail to be legally binding.
2.17. The Parties shall exchange information on booking or cancellation of hotel reservation services in writing by fax or through e-mail. Customers’ application and cancellations over the phone verbally wound not be accepted.
2.18. Each of the Parties shall be personally liable for the condition of their personal e-mails. In case of failure to comply with this requirement, the guilty party will bear all adverse consequences, including damages.
2.19. Documents sent/received during afterhours and /or days off shall be considered accepted in accordance with the actual time and date of receipt.
2.20. The Parties undertake to promptly notify each other in writing of any changes in address, telephone, fax and e-mail. In case of failure to comply with this requirement, the guilty party will bear all adverse consequences, including damages.
2.21. The Parties recognize the legality of the documents signed by the facsimile signature of the person authorized by the Parties, reproduced by means of mechanical, electronic or other copying. Such facsimile signature will have the same effect as an original signature of the authorized person.
2.22. Parties in accordance with the provisions of the Civil Code st.434 recognize the legitimacy of this Agreement and its Annexes for the exchange of documents by facsimile or electronic mail (e-mail) if it is possible to reliably establish that the document originates from a party to this agreement.
2.23. The Tour operator is obliged to return a duly executed copy of the Agreement and its Annexes within seven working days after the exchange of documents by fax or e-mail, by post or courier to the address of the Customer.
3. Subject of Agreement
3.1 The Tour operator undertakes to render to a Tourist or to the Tourists specified by the Customer, the Tourist Services (tourism product) in exchange for an established payment fee.
3.2. Tour operator is a tour operator, as defined by the legislation of the Russian tourist activity authorities, as creating independent tourist products sold under the Agreement. Tour operator is included in the list of Federal Agency for Tourism, Ministry for Culture of the Russian Federation as a tour/travel operator with the registration number MBT014248.
3.3. Hoteling and other services that are among the services in the tourism product may be provided directly by the Tour Operator as well as by third persons involved (the Service Provider).
3.4. The customer has the right to use the purchased under this Agreement Services solely for personal, family, and other purposes unrelated to business activities.
4 . Booking and Transaction
4.1. On the basis of the application received, the Customer will receive an e-mail from the Tour Operator with his "username" and "password" and a web link to a dedicated web portal on the Tour Operator’s website where he can provide credit card details and submit the payment for the Services.
4.2. Payment for the Services by means of a money transfer shall be allowed after the issuance of the invoice or receipt.
4.3. The transaction is confirmed, when the payment is authorized by the bank recipient of the Tour Operator.
4.4. Tour operator without undue delay (usually within 24 hours) will inform the customer in writing of the confirmation of the Services in accordance with its application or refusal of the booking services.
4.5. Booking confirmation may contain an alternative or different offer from the one specified in the application form by the customer. After receiving the booking confirmation the Customer shall, within one hour, check for compliance with the terms of the booked travel product. After this time, the application of the Customer Agreement will be considered to be executed by the parties, and reservation services are confirmed.
4.6. The Tour Operator must transfer all the rights to the tourism product to the Customers after receiving the funds for the Services in full. The document confirming the fact of the transfer of rights to services is the travel vouchers.
5 . Travel Documents
5.1. A set of documents (hereinafter - the "Travel Package" ) needed for traveling and confirming the Customer’s right for the travel services, is prepared by the Tour Operator and sent to the Customer by e -mail.
5.2. Tour operator at his own expense compensates any material losses to the Customer as a result of the errors made by the Tour Operator when preparing the travel package.
5.3. Tour Operator before submitting a reservation to the service provider should know and accurately convey to the Customer the requirements for the documents and information needed to process the packet.
5.4. In due time the customer is obligated to provide accurate and reliable information about the tourists and the appropriate documents necessary for preparing the package by the Tour Operator.
5.5. The customer at his own expense compensates damages that may arise due to supplying false and/or improper information, inadequate documentation and /or late submission of the documents to the Tour Operator.
5.6. Tour operator is not liable for damages that arise from the Customer supplying of false and/or improper information, inadequate documentation and /or late submission of the documents to the Tour Operator.
5.7. If the customer has sent a written notice to the Tour Operator requesting changes to be made in the already supplied information and /or the Services after the booking has been confirmed, the customer will be charged an additional fee of 600 (six hundred) Russian Rubles per each change.
5.8. Obligation by the Tour Operator to transfer a complete Travel Package to the Customer occurs only after receiving the full amount for the payment of services.
5.9. Tour operator shall ensure a transfer of the travel package to the Customer, and the Customer shall ensure a transfer of such travel package further on to every tourist no later than twenty-four hours prior to the start of the journey or in collaboration with tourists at a later time.
6. Cost of services
6.1. Tour Operator may change the declared value of an online tour indicated in the Application during the booking confirmation process due to foreign and local currency fluctuations.
6.2. Price for the booked and for the already paid for services may be revised only in connection with an unexpected increase in transportation tariffs. Tour operator after the receipt of the notice from the service providers without undue delay, notifies the customer in writing of changes in the value of the Services and the Customer makes the additional payment on the date specified in the notice, but in any event not later than twenty-four hours prior the start of the trip.
6.3. If the Customer does not accept the new value of the Services, the tour operator cancels the Application under section 10 of the Agreement, and the Customer is recognized by the parties to the Agreement as canceling the reservation application.
7. Payment Terms and financial responsibility
7.1. When paying for the services with a credit card, the Customer shall transfer the amount specified in rubles on the basis of the travel vouchers issued within 3 (three) hours of its issue. 7.2. Customer is responsible for any additional bank charges relating to the transfer of funds to the Tour Operator.
7.3. After the transfer is complete, the customer shall, within one hour confirm the fact of payment by providing payment details to the Tour Operator .
7.4. The cost of the tour package of services (the Services) listed by the Tour Operator includes VAT.
7.5. The transaction is authorized and confirmed at the time when the funds are credited to the bank account of the Tour Operator. The risk of any banking operations’ delay is carried by the customer.
7.9. If, for any reason beyond Customer control the funds are not credited to the account of the Tour operator at least forty-eight hours prior to the start of the trip, the customer shall, not later than twenty-four hours before the start of the travel make an advance payment of the cost of the Services. This advance payment shall be returned to the Client within two banking days from the date of the money transfer from the funds previously transferred by the Customer to the account of the Tour Operator.
7.10. In the case of non-performance or improper performance of any terms of this section, without any warning, Tour Operator may cancel the Customer's application with the recovery of the liquidated damages from him under section 8 of the Agreement. Responsibility to the tourists in this case rests solely with the customer.
8.1. Tour operator is responsible for the proper performance of its obligations hereunder, subject to payment by the Customer of the full cost of the tourist product in a timely manner. Tour operator is liable to the Client for any damages caused by inaccurate or incomplete data entry into the documents, and other cases provided for in this Agreement.
8.2. Customer bears the risk of adverse consequences in the event of inaccurate or unreliable data sent through Tour Operator’s web interface. Tour operator shall not be liable to the Client in the event of failure to provide services as a result of uncertainty and lack of information and documents, as well as their late submission by or tourists.
8.3. Tour operator’s total amount of the liability for the violation of its obligations under the Contract shall now exceed the total amount paid by the Customer under this Offer. The aggregate liability of the Tour Operator under the Agreement, for any claim or claims in respect of the Agreement or its performance is limited by the amount of payment paid by the Customer. 8.4. The Tour operator assumes no liability for failure to provide tourist services, due to the actions of the Russian state and local government or other legal authorities.
8.5. Tour operator is not responsible for the security of personal luggage and valuables of the Customer, except where such liability is expressly provided for by the legislation of the Russian Federation.
8.6. Tour operator shall not be held liable to the Customer for services not meeting expectations of the Customer or his subjective assessment.
8.7. Tour operator is responsible as provided for by the legislation of the Russian Federation for the cancellation or improper provision of the services, including actions/delays/inactions of the third parties, unless the federal laws and other administrative laws of the Russian Federation have established such responsibility onto a third person .
8.8. Any changes in travel conditions, including but not limited to, substitutions in accommodations to a lower-rated facility, if prearranged with the tourist will be free of charge. 8.9. The customer is responsible to the tourist in the event of the guilty or inadequate provision of services to the tourists.
8.10. Parties are not responsible for any damages caused by tourists at their own fault or the fault of third parties that provide services not specified in the voucher and/or on this Agreement, and that are caused by sole initiative of the traveler at the time of travel.
8.11. Party guilty of breach of obligations under the Agreement, at its own expense will offset any documented and evidenced damage that was brought on to the other Party and /or tourists.
8.12. Any Party to this Agreement shall be exempt from all liability for improper performance of the Agreement, if such improper performance was caused by the other Party or a tourist, or the fault of a third party not involved in the provision of the Services.
8.13. Parties are not responsible for the decisions of the Russian or foreign authorities, which inflicted damage onto Tourists if these solutions were not caused by the wrongful actions of the Parties.
8.14. Other responsibilities of the Tour Operator are determined and regulated in accordance with the current legislation of the Russian Federation.
9.1. If the prepaid trip is being canceled by the Tour Operator, it shall, within ten (10) business days reimburse the payment paid by the Customer for the Services to the Customer’s account less any documented and evidenced damages.
9.2. In some cases the Tour operator may void the already booked, but not paid for trip or package, in which case no cancelation fee or tourists’ penalties will apply.
9.3. In the case when a Tour operator notifies the customer prior to departure that compliance with the Customer’s instructions as to the scope of services may reduce the quality and/or change the composition of the Services, or entail the impossibility of providing timing conditions specified in the Application, and in reply the Customer does not change such instructions and/or timing of the Services, the tour operator after waiting a reasonable time, but no later than 24-hours prior to departure is required to cancel the application in compliance with the conditions of this section of the Agreement.
9.4. If the prepaid trip is being canceled by the Customer, or reservation is changed, a penalty equivalent of 100% of the cost of the package and other services will be charged.
10. Cancelations after the start of the trip
10.1. If after the start of the travel the tourist due to his own guilty actions has not used all or some of the services specified in the package (e.g. due to lack of proper documentation, late arrival to the airport, the official denial of entry into Russia, the official airline's refusal to transport, early eviction from the hotel by the hotel administration, deportations, etc.) , then the tour operator does not make refunds for services that tourists do not get, or any other material compensation in his favor.
10.2. If, after the start of the trip it turns out that the Service Provider/s cannot provide the prepaid Services partially or in full, or the services were offered at a poor quality, the tour operator is obliged to offer an alternative replacement at no additional cost to the Tourist and refund the difference in value if any, as well as pay to the Tourist any documented damages arising from its failure to provide part of the Services.
10.3. The calculation of the cost difference of the Services is made on the basis of documents submitted by the service provider. The amount of damages is determined on the basis of the documents submitted by the Customer and/or tourists.
10.4. If the tourists took advantage of the proposed alternative services, the services under this Contract shall be considered by the Parties to this Agreement to be provided appropriately.
11.1. The customer should inform the tourists about the fact that in the event of improper performance or non-performance of the Services ordered, the tourists must immediately notify the representative of the tour operator to take timely actions that satisfy all the parties involved.
11.2. The Customer shall, in writing, without undue delay inform the tour operator that he had received reports from tourists about the non-performance or improper performance of the Services by a third party. Tourist can send the message/s directly to the tour operator.
11.3. The Parties will consider a claim for failure to provide or inadequate provision of services satisfied if the tourist, on the basis of his complaint, was offered an alternative service, which he accepted. The service in this case is considered to be agreed between the Parties as executed properly.
11.4. The customer can direct complaints to the Tour operator no later than twenty days after the end of travel in writing, with copies of the documents referencing the actual damages suffered by the Tourist in connection with services provided.
11.5. Tour operator is obliged to examine the complaint and respond to it in writing within ten days.
11.6. If after checking the Tour Operator recognizes the customer’s claim as being valid, then such claims must be satisfied by the Tour Operator, except in those cases where, in accordance with this Agreement, the Customer carries the liability for the tourist. An obligatory condition of payment of the financial compensation for the claim by the Tour Operator under this section of the Agreement is considered fulfilled after a written pre-trial settlement agreement between the Customer and the Tour Operator.
12. Disputes’ Resolution
12.1. The Parties establish a mandatory procedure for disputes resolutions arising in connection with the performance of the obligations arising out of this Agreement.
12.2. The party that considers its rights to have been violated, shall send to the other Party a written claim which states, the subject of the violation of that other Party, and the Party sets out its requirements for resolution. If the dispute is not settled by the parties within 15 working days from the date of the claim referred to in this paragraph of the Agreement, the Party shall considers its right to have been violated and has the right to go to court.
13. Use of Personal Information
13.1. The Tour operator may use the Customer’s personal data with the consent of the latter. Except as otherwise disclosed in the Agreement, personal information will not be shared with or sold to third parties without Customer’s permission except for cases provided for by the legislation of the Russian Federation.
13.2. Tour operator may use all of the personal data of the Customer, indicated by the Customer during registration on the Site solely for the provision of appropriate services in the execution of this Agreement.
13.3. By submitting of the personal information on the Website, the Customer gives the Tour Operator his voluntary consent to the processing and use of such personal data, including through the implementation of the automated analysis of personal data, as well as their transfer to third parties and cross-border transfers with no expiration date.
13.4. Tour operator agrees to cease the use and processing of personal data of the Customer at the written request of the latter.
14.1. When registering on the Site, as well as when filling out any forms containing personal information (registration data), the Customer agrees to provide accurate and valid information, but upon any change of such information - to make the necessary amendments to the registration data.
14.2. In turn, the Tour Operator undertakes not to disclose Customer’s personal data and other information of users, reported through the Site.
15. Force majeure
15.1. Tour Operator and the Customer shall not be liable for partial or complete failure to fulfill obligations under this Agreement if such failure is the result of unpredictable and compelling circumstances: earthquakes, floods, fires, typhoons, hurricanes, snow drift, war, mass disorders, strikes, as well as restrictions of the traffic trade with individual countries as a result of international sanctions and other events beyond the control of the parties. These events of extraordinary, unforeseen and unavoidable nature must occur after the execution of the Agreement. Upon the occurrence of such circumstances one party shall promptly notify the
other in writing, with the deadline for the parties of the obligations under this Agreement shall be extended in proportion to the time during which such circumstances are taking place.
16. "SportTours" Ltd details
119180, Moscow, B. Polyanka Str., 7/10, building 3, accommodation 2, room 17
119021, Obolenskiy pereulok 2, Moscow, Russia
R / C 40702810701200003114 in OAO "Alfa-Bank" Moscow
K / C 30101810200000000593
+7 (495) 609-61-81