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Moscow, Russian Federation

Placement date: 17.02.2021

 

HOTEL BOOKING AGREEMENT

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

 

TERMS AND DEFINITIONS

 

Voucher means a document in electronic form confirming the fact of booking and / or payment of the Order for presentation at the Hotel;

 

Order means a User's request to receive the Contractor’s services related to the implementation of the possibility of booking a Hotel using the Platform and receiving other services, the registration of which is possible at the Hotel booking page;

 

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 using various software platforms. For the purposes of this Agreement, the Mobile Application includes the current version and all subsequent versions;

 

Hotel means a property (hotel, hostel, holiday facility, sanatorium, etc.) with which or with an authorized intermediary of which (the Service Provider) the contractor has entered into a contract for the implementation of the services of this property using the Platform;

 

Platform means a Website and / or Mobile Application owned and controlled, and managed by the Copyright Holder and/or persons belonging to the same group with him/her, within the framework of which certain services are provided;

 

User means a legally capable individual over 18 booking Hotel rooms in his/her 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;

 

Fee means the Contractor’s service fee in excess of the Rates charged for the implementation of the possibility of booking / canceling a Hotel booking using the Platform;

 

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

 

Rate means the amount of money for booking / paying for accommodation/ refusing to stay at the Hotel, as well as for other Hotel /Service Provider services, which is set by them independently;

 

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;

 

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, the Rates and rules of the Hotel/Service Provider, 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 booking and 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 Hotels in according to User-defined parameters (date, location, category of the Hotel, room type and etc), registering the procedures for canceling booked and paid services in the manner provided in this Agreement, and also any other related services available at the hotel booking page. The User undertakes to use the Platform only if there is a real need to book hotel rooms. 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 Hotel/Service Providers, concluded using the Platform. In particular, the Contractor shall only provide the possibility of implementing the booking and canceling the booked services, but the binding relationship shall arise directly between the User and the Hotel/Service Providers. The Hotel room booking services registered by the User shall be subject to the Hotel’s /Service Provider’s Rules, with regard to possible changes. It is the User's responsibility to review regularly the current version of the Hotel’s /Service Provider’s Rules. The User guarantees that the terms of this Agreement will be communicated to all persons using the services booked by the User. Persons who use the services together with the User shall not be a party to the Agreement and shall not be entitled to make claims under the Agreement to the Contractor. The User hereby agrees that the terms of cooperation of the Hotels/Service Providers located on the territory of foreign states shall be regulated by the legislation of foreign states and may differ from the conditions applicable on the territory of the Russian Federation (including in terms of cancellation of booking and termination of the contract). The final conditions for canceling the travel, including the amount of deductions, shall be specified in the Voucher.

 

1.4. All information regarding Hotel schedules, rooms, availability, Rates and rules of their application, and other terms of the offered services is available through the Platform in the System in full accordance with how it is represented in the booking system directly by Hotels/Service Providers. The Contractor, despite its competence, shall not be able to perform a total independent verification of the information provided, 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. The Contractor shall not be responsible for non-compliance with the booking terms and conditions by Hotels/Service Providers, as these terms and conditions are within their exclusive competence.

 

1.5. The Hotel star-rating displayed by the Platform, shall be a subjective assessment of the quality of the Hotel services according to Service Providers and experts of the Contractor, shall not be connected with official classifications of the Hotels, may not meet these requirements, and shall be defined solely to simplify the search when choosing a Hotel at the booking stage. The Contractor shall not accept and consider any claims of the Users and/or third parties associated with non-compliance of the Hotel rating displayed by the Platform with the Hotel rating according to any official classifications (including classification and the Hotel rating, which is defined and referred to by the latter).

 

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

 

- 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. Orders placed by the User shall be final. Immediately after the User places an Order and makes a payment, the Contractor shall issue or causes the issuance of the Voucher, in some cases - within 24 hours from the moment of receipt of the Order and payment. The Voucher shall be issued automatically after the booking is confirmed by the Hotel/Service Provider, checking the transaction with a bank card for payment or guarantee of subsequent payment with an amount sufficient to repay the penalties in case of non-show if such sanctions are provided for by the Hotel's rules.

 

2.4. Incomplete or untimely payment of the Order by the User, as well as the User's failure to comply with other terms of this Agreement may be regarded as the inability to fulfill the Agreement due to the User's fault and lead to a refusal to provide services and/or refund funds.

 

2.5. If some Hotels provide Rates at a lower price for certain periods of stay, the User shall be aware and agree that the offered Rates may have special restrictions and rules, for example, when canceling or returning money for booking. To familiarize these rules, the User is recommended to check the detailed description of the Hotel's rules in relation to the specified rates before booking.

 

2.6. In some cases, before the date of arrival, the Hotel has the right to block the amount of the bank card, required to pay for the reservation and covering the cost of one night to the entire stay. This procedure is a verification of the bank card validity, as well as a precautionary measure (reducing commercial risk) taken by the Hotel in case of non-show or late cancellation of the reservation. If the Contractor provides the Hotel booking services that must be paid immediately when placing an Order, the Contractor shall block and / or remove the full cost of the Order when paying with a bank card.

 

2.7. 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.

 

2.8. 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.

 

2.9. For hotel booking services, as well as for refusing these services, the Contractor shall charge the User a Fee, which, when booking, can 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 canceling the reservation. 

 

2.10. 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.

 

2.11. 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.

 

  1. Cancellation and Amendments

 

3.1. If the User wants to cancel the Order, he/she needs to visit his/her Personal Account and confirm the cancellation in the selected Order. The User may be charged for the cancellation of the Order in accordance with the rules of the Contractor/Service Provider and / or Hotel regarding cancellation or non-show.

 

3.2. If the User wants to change any data of the persons who will stay at the Hotel (surname of one or more guests), and also stay dates, a room type and the Hotel itself, he/she shall be required to cancel the Order and place a new one. In exceptional cases, to make changes to the information about the persons who will be staying at the Hotel, the User can contact the customer support center of the Contractor, whose contact information is indicated in the Voucher, and provide the Order number and new data of the guests. This service is usually provided free of charge, but in some cases, the Contractor may charge an additional fee for the provision of the service of making changes to the reservation. The Contractor may also refuse to make changes to the reservation, in which case the User must cancel the order and place a new one.

 

  • By booking at the Hotel through the Platform, the User shall accept the terms and agree to the Order cancellation procedure, the rules applicable in case of non-show, and all additional terms and conditions (provision of hotel services) of the Hotel, as well as similar rules of the Contractor and/or the Service Provider. The general rules of booking cancellation and actions in case of non-show are displayed via the Platform at the Hotel selection page, during the booking process and in the Voucher.

 

  1. Additional Services

 

4.1. 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.

4.2. The User shall be liable for:

4.2.1. using additional services;

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

4.2.3. 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.

 

4.3. The Contractor shall not be liable for:

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

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

 

4.4. 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.

 

4.5. 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

 

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

 

5.2. When paying with a bank card, the amount in the selected currency shall be debited from the User's card. 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

 

6.1. The Contractor shall not be liable for any adverse consequences and losses arising from the events and circumstances outside its sphere of competence, as well as for any action (inaction) of third parties, namely:

 

- 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 Hotels/Service Providers;

 

– 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 a Voucher issued to the User/third parties by the Contractor;

 

- for non-show or late arrival of the User (third parties) at the Hotel;

 

- for non-compliance by the User (third parties) with the rules established by the Hotel;

 

- for the authenticity and correctness of the User's (third party) documents (the accuracy of the information contained in them).

 

6.2. 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

 

7.1. 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.

 

7.2. 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:

 

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

 

7.2.2. 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;

 

7.2.3. 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;

 

7.2.4. 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.

 

7.3. 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.

 

7.4. 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.

 

AGREEMENT ON HOTEL ROOM BOOKING dated 28.06.2019

AGREEMENT ON HOTEL ROOM BOOKING dated 08.08.2017