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Moscow, Russian Federation

Placement date: 17.02.2021

 

FLIGHT TICKET BOOKING AGREEMENT

This document is an offer to enter into an Agreement with the Contractor on the terms set out below.

 

TERMS AND DEFINITIONS

 

Order means a User’s request to receive the Contractor’s services related to the implementation of the possibility of booking, registering, exchanging and / or returning Electronic Flight Tickets using the Platform, as well as related additional services;

 

Contractor[1] means

 

- AVAD Ticket Limited Liability Company (7 Derbenevskaya Embankment, bld. 12, 2nd floor, 115114, Moscow; TIN 7704719450, PSRN 1097746010724);

 

- Anywayanyday Tour Limited Liability Company (7 Derbenevskaya Embankment, bld. 12, 2nd floor, 115114, Moscow; TIN 7725289400, PSRN 1157746865792);

 

- BOOKTICKET Limited Liability Company (62-B Pobedy Avenue, of. 5, 03113, Ukraine, Kiev; TIN 361770026595);

 

AWADTICKET LIMITED (Stasandrou, 8, Flat/Office 301, 1060, Nicosia, Cyprus, registration number HE 349030);

 

Organizational Fee means a fee charged for accepting a bank card payment through the Platform’s service;

 

Mobile Application means “anywayanyday” software application specially developed for portable (mobile) devices that is installed and downloaded by a User to such devices via various software platforms. For the purposes of this Agreement, the Mobile Application includes the current version and all subsequent versions;

 

Carrier means a Russian or foreign airline, the agent or subagent of which the Contractor is, which carries out air transportation of passengers and baggage on the basis of an Electronic Flight Ticket issued by a User;

 

Platform means a Website and / or Mobile Application, within the framework of which certain services are provided;

 

User means a legally capable individual over 18 who purchases Electronic Flight Tickets in his own name or in the name of third parties;

 

Provider of Additional Services means a person who directly provides transportation services, car rental, hotel services and other additional services, agents of these organizations, as well as organizations that provide the opportunity to book and pay for these services, with which a Contractor has concluded an agreement for the provision of relevant services;

 

Website means a set of a System, Content and other information contained in the Internet information system, which is accessed, inter alia, by a domain name www.anywayanyday.com;

 

Service Fee means the Contractor’s service fee in excess of the Fares and Rates charged for the implementation of the possibility of registration, exchange or return of an Electronic Flight Ticket using the Platform;

 

Agreement means the present Agreement between a User and a Contractor, concluded by the acceptance of the public offer;

 

Rate means an additional fee set by the Carrier, which may include a fuel fee, a ground handling charge, a federal, immigration security fee, and other fees, depending on the route of the trip and the country of departure or arrival;

 

Fare means an amount of money for the carriage of a passenger and baggage. The Fare and conditions for its application are set by the Carriers themselves;

 

Fraud means a type of fraud in the field of information technology. In relation to the non-cash payment industry, conducting fraudulent transactions, that is, transactions with cards that were committed by persons who were not their legal holders, or for which counterfeit cards or illegally obtained confidential information about the details of cards and / or their holders were used; a fraudulent transaction that was committed by a person who was a legitimate cardholder, but who deliberately tried to create with the issuer the appearance that the transaction was made by some unauthorized persons to whom that person had nothing to do;

 

Charter Flight means an irregular direct flight performed under the terms of an air charter agreement between the charterer and the air carrier (charter provider) for the carriage of passengers;

 

Electronic Flight Ticket means a document used to certify a passenger carriage contract, in which information about the passenger’s air transportation is presented in electronic and digital form. It is provided in the form of a passenger itinerary receipt;

 

Any terms not defined above may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the Usage Agreement, the current legislation of the Russian Federation, as well as business practices.

 

  1. General Provisions

 

1.1. By clicking “Pay”, in the form offered by the Platform service in automatic mode, a 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 familiarization and agreement with the provisions of the privacy policy, IATA agreement, the Rates and Fares of the Carrier (s), the Contractor’s Fees and the rules of the provider (s) of additional services, his/her legal capacity, financial solvency, the presence of statutory powers for the conclusion of this Agreement, the registration of Electronic Flight Tickets and the payment in favor of third parties, is aware of the responsibility for the obligations imposed on him/her as a result of concluding the present Agreement, and agrees to the processing of his/her personal data.

 

1.2. Under the Platform service, the Contractor shall provide the User with services of providing information, booking and registering Electronic Flight Tickets in accordance with User-defined parameters (date, time, route and any other terms of carriage), registering procedures of the Electronic Flight Ticket return and exchange in the manner provided in this Agreement and any additional services available at the Electronic Flight Ticket registration page. The User undertakes to use the Platform only if there is a real need to book and register Electronic Flight Tickets. If the User does not comply with the terms of this Agreement, his/her access to the Platform may be blocked.

 

1.3. The Contractor is not responsible for the agreements between the User and the Carrier concluded using the Platform. In particular, the Contractor shall provide only the possibility of booking, registering, returning and exchanging Electronic Flight Tickets, but the binding relationship shall arise directly between the User/persons in whose favor the Electronic Flight Tickets are registered and the Carrier. The Carrier’s services registered by the User for air transportation shall be regulated by the Carrier’s Rules, taking into account possible changes. It is the User’s responsibility to review regularly the current version of the Carrier’s Rules.

 

1.4. All information regarding schedules, availability, Fares and rules of their application, Rates, and other terms of the offered services is available through the Platform in full accordance with how it is represented in the booking system by the direct providers of these services or their authorized representatives. The Contractor, despite its competence, shall not be able to perform a total independent verification of the information provided by the service providers, and cannot guarantee the complete absence of inaccuracies in it, and therefore it does not bear responsibility to the User for any erroneous data about the services, as well as for damage or losses caused to the User due to the presence of errors in the information.

 

Meanwhile, the Contractor shall specify that Electronic Flight Tickets are valid for the Passenger transportation only in a strict sequence of flight coupons. Inconsistent use of flight coupons makes Electronic Flight Tickets invalid for further transportation. The Carrier has the right to cancel the reservation on each subsequent section of the transportation route without notifying the Passenger if he did not use the reserved seat on any section of the transportation route.

 

1.5. All offers, prices, and conditions for registering Electronic Flight Tickets may be changed without notice to the User, are limited in time, seat availability and pre-order terms, travel dates, minimum or maximum stay at the destination, weekend and holiday factors, seasonal price fluctuations, waiting lists, as well as strikes and temporary inactivity of booking systems, and/or are subject to other changes, conditions, and restrictions.

 

1.6. The Contractor reserves the right to make changes to this Agreement at any time without a special notification. The new version of the Agreement shall enter into force immediately after its publication in the relevant section of the Platform, unless expressly agreed otherwise. It is the User’s responsibility to review regularly the current version of the Agreement. Users are also advised to obtain qualified legal assistance before taking any action based on the information or materials available through the Platform.

 

  1. Order Placement and Payment

 

2.1. An Order shall be placed by the User independently through the Platform by filling in the appropriate forms. The User shall familiarize with all the terms of the Order during the booking process.

 

2.2.  When using the Platform, gaining access to the Personal Account and subsequent use of the Platform’s service, the User undertakes to:

 

- update the registration and other personal data in case of changes.

Change of any personal data of passengers in the placed Order leads to the voidance of the Rates and Fares agreed in the Order, since it is necessary to cancel the Order and place a new one in order to change this passenger’s data. Thus, the User assumes all possible risks (placing a new Order, changing the cost, refund, etc.) associated with his/her actions to make mistakes, inaccuracies in the provision of personal data;

 

- provide an up-to-date phone number and email address for emergency communication. All notifications about changes in the flight schedule, changes in the departure/arrival airport, flight cancellation or changes in any other flight parameters shall be made by the Contractor in writing to the email address specified by the User when placing an Order or in the Personal Account in the request for exchange or return, provided that the Carrier receives notification of these changes. The Carrier has the right to provide this information directly to the User, using the phone number specified in the booking or at the email address specified by the User. The User undertakes to monitor messages in the mailbox, as well as messages to the specified phone number from the moment of placing the Order until the travel end. Otherwise, the Contractor shall not be responsible for failure to notify about changes in the flight schedule, changes in the departure/arrival airport, flight cancellation or changes in any other flight parameters if the User did not provide his/her contact details (phone number, e-mail address, etc.) when booking air transportation, or the Contractor was unable to contact the User using the specified contact details, contacting at least once by phone number or e-mail address, etc.), including as a result of the User’s providing incorrect contact details. In these cases, the Contractor shall not compensate the passenger for the losses caused by such non-notification. The Contractor shall also not be responsible for not providing the specified information or providing incorrect information in cases where this information was not provided or was provided in an incorrect form directly by the Carrier;

 

- ensure the safety and confidentiality of the login and password, bear responsibility in case of their unauthorized use;

 

- bear full responsibility for any actions performed by the User using his/her Personal Account. Unless proven otherwise, any action performed using the username and password of such a User shall be considered by the Contractor as committed by the User himself/herself, which entails the corresponding legal consequences.

 

2.3. While booking to check the price or for other purposes, if there are issued Electronic Flight Tickets or reservations for similar passengers and similar dates, the Carrier may consider this as a duplicate. The Carrier may apply various policies in relation to double booking but, as a rule, if the booking coincide (booking for the same passenger, for the same flights and dates or for the same flights but on different dates close to each other), the Carrier reserves the right to cancel one or all bookings. When booking, a passenger shall assume full responsibility for the presence of duplicate bookings or bookings with issued tickets, registered through the Platform or any other sources.

 

2.4. Orders placed by the User shall be final. Immediately after the Contractor receives the completed Order and payment from the User, the Contractor shall register or ensure the registration of  the Electronic Flight Tickets. In some cases, the Electronic Flight Tickets shall be registered within 24 hours from the moment of placing the Order and payment.  Electronic Flight Tickets shall be issued automatically upon verification of the bank card transaction. A confirmation letter sent to the specified e – mail address with itinerary receipts, in which the parameters of the registered Electronic Flight Ticket are specified in detail, shall be the confirmation of the Order placement.  Also, an SMS notification shall be sent to the phone number, which also specifies the route and date of travel according to the registered Electronic Flight Ticket.

 

2.5. The Order shall be paid by one of the ways offered through the Platform. Payment shall be accepted using payment systems that have the right to refuse a payment.

 

2.6. Services for a deferred /installment payment, as well as other financial services/products provided by the Suppliers of additional services may be presented on the Website. If the User wishes to purchase the services of the Suppliers of additional services and if the Supplier of additional services approves the corresponding request of the User, the User shall enter into a relationship directly with the specified Supplier of additional services. Before paying for the services of the Providers of Additional Services, the User shall be given the opportunity to familiarize the terms and conditions of the additional services. The User’s submission of a request for the use of these services means familiarization and acceptance of the terms of their provision.

 

2.7. The Contractor charges the User a Fee for services related to the registration of the Electronic Flight Tickets, as well as for their return and exchange.  The Fee for registering an Electronic Flight Ticket shall be included in the Order price.  The Fee shall be set by the Contractor unilaterally on the day of registration of the relevant service and shall be displayed via the Platform when placing an Order or implementing a return/exchange.  The availability and amount of the Fee depends on the Carrier’s conditions and, in some cases, the cost of the Electronic Flight Ticket.

 

2.8. In accordance with the current legislation, bank card transactions shall be performed by a cardholder or an authorized person. Bank card transactions shall be authorized by the payment system through which any transaction is performed. If the payment system has reason to believe that the transaction is fraudulent, the system has the right to refuse this transaction. According to the Rules of international payment systems in order to verify the identity of an owner and his/her eligibility to use the card, the User, who placed such an Order, shall, at the Contractor’s request, provide two pages of the bank card holder’s passport — the page spread with a photo and a copy of the both bank card sides (first 6 and last 4 digits of card number shall be displayed) via e-mail as scanned copies, provided a separate consent of the User to process biometric personal data is received. If the User fails to provide the requested documents within the period specified in the Contractor’s request, or if there are doubts about their authenticity, the Contractor reserves the right to cancel the Order without giving any reason. The cost of the paid Order shall be refunded to the owner’s bank card.

 

2.9. The User shall be solely responsible to the bank and any other persons in full for non-cash payments made by the User to pay for the Order, and defined by the bank as Fraud. If the Contractor incurs losses associated with the User’s non-cash payments made to pay for the Order and defined as Fraud, the User shall reimburse the Contractor documented losses within ten (10) working days from the date of the Contractor’s request.

 

2.10. The Carrier, which reserves the right to remove seats, transfer flights and change the schedule and cost, is an owner of the seats until any Electronic Flight Ticket is registered.  Booking is not an absolute guarantee of the cost and availability of seats. We recommend registering an Electronic Flight Ticket at the same time as booking in order to avoid price changes due to currency fluctuations and cancellation of the booking by the Carrier.

2.11. All contracts for air transportation of passengers on electronic tickets of the Billing and Settlement Plan (the BSP) shall be concluded by the Users directly with the Carriers that have entered into the BSP, and who have concluded a Standard Agreement on the organization of sales of air transportation and services on BSP electronic tickets with Transport Clearing House, JSC.

2.12. When processing an Order, the Contractor shall not act either as a seller of electronic tickets (searches for optimal conditions of transportation, provides the technical ability to register the electronic ticket), or as a tour operator or travel agent, and shall not be responsible for any other components of the User’s or third party’s travel.

2.13. When processing an Order, the Contractor shall not act as a carrier, shall not enter into carriage contracts, shall not be a recipient of income from the carriage fee set by the carrier, and shall not be liable for obligations related to the carriage.

 

  1. Return and Exchange

 

3.1. Return and exchange of Electronic Flight Tickets shall be carried out in one of the following ways: through a Personal Account or by sending an e-mail message.  In this case, the User must make sure that the Contractor receives the corresponding request. The processing time can be up to 24 hours from the date of receipt of the relevant Request, and therefore the User is advised to send Requests in advance. The terms of any change in the executed travel documents, denial of service, return, as well as other terms of the providers’ services shall be governed by the Fare Rules for the service, a contract-offer with the Carrier, terms of related services, this Agreement and by the legislation of the Contractor’s country.

 

3.2. When paying for an Order with a bank card directly to the Contractor, if the User returns his/her Electronic Flight Ticket, the cost of the Order, minus the actual costs of the Contractor, shall be transferred to the User’s bank card used to pay for the Order.  Actual expenses mean expenses incurred by the Contractor to execute the Order, including payment of fines in favor of the Carriers, and also the Fee charged by the Contractor for the services provided using the Platform depending on the service type. If the User cancels the Order, the payment for which was made by the User with a bank card through the Platform and received directly by the Carrier, the cost of the canceled Electronic Flight Ticket, minus the penalties and other deductions provided for by the Carrier’s Rules, shall be transferred by the Carrier to the User’s bank card from which the payment was made without the participation of the Contractor.  The fee for registration of the Electronic Flight Tickets in the case of their return shall not be refundable to the User. In the event of a forced return (flight cancellation confirmed by the Carrier, passenger’s illness or death, etc.), the fee for the ticket return shall not be charged.

 

3.3. If a passenger’s travel ends (or he/she stops) in a country other than the country of departure due to unforeseen circumstances, the regulations of the Warsaw Convention may apply, which in most cases limits the Carrier’s liability in the event of the passenger’s death or injury, as well as loss or damage to his/her baggage.

 

  1. Placement and Payment of the Charter Flight Order

 

4.1. Charter flight orders shall be subject to the terms of this Agreement in terms that do not conflict with this section.

 

4.2. Placement and Payment of the Charter Flight Order

4.2.1. After placing and paying for the Order, a confirmation letter about placing the Order (Voucher) shall be sent to the email address specified by the User.

A voucher is not an Electronic Flight Ticket, itinerary receipt and is not valid for any flight. A voucher confirms the User’s right to receive an Electronic Flight Ticket.

4.2.2. The User undertakes to check the information specified in the Voucher and Electronic Flight Ticket when receiving them.

A Voucher shall contain preliminary information about the Charter Flight: airline code, flight number, date and time of departure / arrival, city and airport of departure/destination and is not guaranteed by the Carrier.

The Carrier has the right to assign the User’s transportation to another Carrier, change airports, flight numbers, replace the aircraft, as well as the date and time of departure.

4.2.3. The User undertakes to monitor independently any information about possible changes in his/her Order, namely, to check e-mail as well as the online scoreboard of the airport and the Carrier’s website 24 hours before the expected departure time.

The itinerary receipt will be sent to the User’s email address 24 hours but not later than 12 hours before the expected departure time. The User shall be allowed to board the flight only if he/she has an itinerary receipt and a passport. 

 

4.3. Return and exchange of the Charter Flight Order

4.3.1.  Paid Electronic Flight Tickets for charter flights shall not be subject to exchange and return, except for the Charterer’s refusal to provide transportation services without providing alternative options, in which case the User shall be refunded.

4.3.2. The possibility of changing the Passenger’s data in each particular case requires clarification and shall be determined by the Carrier.

4.3.3. If a Passenger fails to show up for the first Charter Flight, the Carrier shall cancel the Electronic Flight Ticket for the return Charter Flight.   

 

  1. Additional Services

 

5.1. The User can book and / or pay for additional services provided by the Providers of Additional Services on the Website. The procedure for providing additional services shall be regulated by the rules of the relevant Provider of Additional Services. The User shall be obliged to familiarize these rules before ordering additional services. Providers of Additional Services reserve their right to change unilaterally the procedure for providing additional services. Continuing to use the Website and ordering additional services means that the User agrees to this procedure.

 

5.2. The User shall be liable for:

5.2.1. using additional services;

5.2.2. timeliness, accuracy, and completeness of the data provided for the registration of additional services;

5.2.3. all claims and complaints brought against him/her by the Provider of Additional Services and / or third parties in connection with the use of additional services.

5.3. The Contractor shall not be liable for:

5.3.1. any losses caused to the User as a result of booking and / or purchase, as well as the use of additional services;

5.3.2. quality, volume and / or timeliness of the additional services provided by the Provider, their actions or inaction.

 

5.4. The Contractor’s liability to the User and third parties in whose interests the User acts, for any reason, shall be limited to the amount of payment made by the User to the Contractor for additional services.

 

5.5. The Contractor shall charge a fee, which is an additional remuneration for the provision of relevant additional services, as an agent of the Provider of Additional Services. The registration of documents confirming the booking means the completion of services for booking additional services. If the cost of additional services is changed, canceled, or refunded after the Contractor completes the provision of services, the Contractor’s fee shall not be refundable. The relationship to use the services of the Providers of Additional Services shall arise directly between the relevant Provider of Additional Services and the Client and be governed by the rules of the Provider of Additional Services.

 

  1. Currency Conversion

 

6.1. At the stage of choosing the flight option, the User shall be given the opportunity to pay in Russian rubles, Swiss francs, Euros, US dollars, Ukrainian hryvnias.

 

6.2. For payment methods other than bank card payments, the final price shall be indicated in Russian rubles or Ukrainian hryvnias, depending on the User’s choice. The price indicated through the Platform in Russian rubles/Ukrainian hryvnias shall be valid if it is fully paid in cash at the time of registration in the territory of the Russian Federation or Ukraine, respectively.

 

6.3. When paying with a bank card, the amount in the currency chosen by the User is debited from the User’s bank card, except in cases of direct payment to the airline (in this case, the amount is debited in the currency set by the acquiring bank of the airline). The User’s card issuing bank converts the specified amount into the card’s currency at its internal rate, so the amount in the card’s currency may differ from the amount displayed via the Platform (including upwards), since the bank’s internal rate always differs from the published rates of the Central Bank of the Russian Federation or FOREX. Before making a payment using a bank card, the User must specify the internal rate of the card issuing bank and the amount of the bank’s commission for the conversion. By making the payment, the Customer confirms that he/she has received the relevant information before the payment and is familiar with the final price in the card’s currency.

 

  1. Limitation of Liability

 

7.1. The passenger shall assume full responsibility for the preparation of all necessary documents for the travel. The passenger should familiarize and comply with all the requirements of the country to which he/she is going regarding the registration of documents required for departure and arrival, as well as for transit flights to follow the entire itinerary, the need for visas, valid passports, powers of attorney or other documents for the departure of children, etc. Thus, the Contractor shall not be responsible for the negative consequences and losses resulting from events and circumstances beyond its competence, as well as for the actions (inaction) of third parties, in particular:

- if it is impossible to fulfill the obligations assumed, due to the unreliability, insufficiency and untimeliness of the information and documents provided by the User, or the violation by the User of the terms of this Agreement or the requirements for documents;

- for the actions of the Carrier (change, cancellation, transfer, delay of the flight), for the safety, loss or damage of baggage, cargo, valuables and documents of the User (passenger) during the entire duration of his/her travel. In these cases, the Carriers shall be responsible to the User (passenger) in accordance with international rules and the current legislation of the Russian Federation. The claims of the User (passenger) shall be considered by the Carrier on the basis of the legislation of the Russian Federation and the rules of international transportation:

– for actions of the customs and immigration authorities;

- due to the restriction of the right of the User (passenger) to leave the Russian Federation or another point of departure by the competent authorities of the relevant country;

- for the actions of consulates of foreign states, including for the delay, refusal or change in the terms of issuing entry visas;

- for the consequences of violation by the User (passenger) of customs and border formalities, rules of travel and baggage transportation, as well as violations of special rules of conduct in the country of temporary residence;

- for the absence of the User’s (passenger’s) travel documents issued to him/her by the Contractor;

- for non-appearance of the User (passenger) or his/her being late for the flight;

- for non-compliance by the User (passenger) with the rules of conduct established by the Carrier on board aircraft;

- for the absence of the User’s (passenger’s) foreign passports issued at the time of the travel start, the relevant documents regulating the departure of minors under 18;

- for the authenticity and correctness of the passenger’s documents (the accuracy of the information contained in them).

 

7.2. The parties are exempt from liability for improper performance or non-performance of obligations under this Agreement in the event of force majeure circumstances, such as: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, military actions of any nature, strikes, introduction of a state of emergency or martial law, embargo, changes in the legislation of the Russian Federation or the country of residence or transit, actions of customs and sanitary control bodies, the issuance by the authorities of regulatory acts that have resulted in the inability of the parties to fulfill properly their obligations and other circumstances that the parties cannot influence and prevent.

 

The party that is unable to fulfill its obligations shall be obliged to notify immediately the other party of the occurrence of force majeure circumstances. In the event of such circumstances, the term of performance of obligations shall be postponed in proportion to the time during which such circumstances will be.

 

 

  1. Final Provisions

 

8.1. This Agreement shall be governed by and construed in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement shall be settled in accordance with the legislation of the Russian Federation.

 

8.2. In the event of any disputes or conflicts related to the performance of this Agreement, the User and the Contractor will make every effort to resolve them through negotiations, as well as in the manner of pre-trial settlement of disputes specified below:

8.2.1. prior to filing a suit arising from this Agreement, the affected Party (the Concerned Party) shall provide the other Party with a written claim;

8.2.2. the claim must contain the demands of the Concerned Parties and their justification, indicating the terms of the Agreement violated by the other Party. The claim must be accompanied by copies of the documents confirming the circumstances set out therein;

8.2.3. A party, which receives a claim, shall consider it and submit (send) a written reasoned response to the other Party within ten (10) working days from the date of receipt of the claim;

8.2.4. if no reply is received within the established period or the Concerned Party does not agree with the received response, it shall have the right to apply to court in the manner prescribed by the current legislation of the Russian Federation.

 

8.3. The recognition of certain parts of this Agreement as invalid does not cancel the validity of other provisions of this Agreement and other documents posted in the relevant sections of the Platform.

 

8.4. This Agreement is executed in Russian. The version in another language is additional and is placed solely for the convenience of the User. Russian version of the Agreement shall prevail in the event of any discrepancy between the versions of the Agreement in Russian and any other language.

[1] One of the legal entities, depending on the choice of the payment currency at the stage of placing the Order.

 

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