Contract Sample for Customer
SOLE PROPRIETORSHIP OZIMINA LYUBOV ANATOLIEVNA, legal entity, duly organized and operating under the laws of Russian Federation here in after referred to as "Contractor", on the one hand, and____________________________________ ( document details ), hereinafter referred to as "Customer", on the other hand (hereinafter altogether called the parties), have concluded the present Contract as follows:
- The Subject Of The Contract
1.1. The Customer entrusts and the Contractor assumes obligations on rendering of tourist services booking, registration (forms) of tickets on domestic and international flights, train tickets (hereinafter referred to as railway), vouchers, booked hotel rooms, transfer services, excursions and other related services (hereinafter – Services).
1.2. The list, cost and terms of services provided by the Contractor shall be established by the Parties by signing the Application.
1.3. The executor makes the sale of services in accordance with the rules of the suppliers of the services and on the basis of the agreement concluded between the Contractor and the suppliers of the services.
1.4. Services are considered accepted by the Customer from the moment the Customer/ representative of the Customer signs the Act of executed works duly provided by the Contractor/ representative of the Contractor
1.5. The parties acknowledge that the Contractor is acting solely as an agent of the companies that provide relevant tourism services and hence the Contractor is not responsible for any inadequacies or shortcomings that may occur in the work of these companies while providing services to the Customer. Should any dispute about the quality of the services provided occurs, the Contractor will provide the Customer with appropriate assistance and support.
1.6. All agreements related to the sale of travel products, such as: booking, cancellation, booking confirmation, etc. are carried out in writing by e-mail.
1.7. All essential conditions of the tourist product, description of the tour route and the program of stay at the final and intermediate points of the tour route must be agreed between the parties in writing or by e-mail.
1.8. In case of partial or complete failure to fulfill obligations hereunder through the fault of the Contractor, the Refund to the Customer shall be made within 30 (thirty) working days from the date of failure to fulfill the relevant obligations.
1.9. In case of partial or complete failure to fulfill obligations hereunder through the fault of the Customer, the refund to the Customer is carried out on the basis of a written signed statement by the Customer explaining the reasons for the refund and additional documents that are evidence of the circumstances due to which it is necessary to make a Refund to the Customer.
The terms and amounts of the Refund are determined by the Contractor on the basis of the terms of the refund policy of the companies to which the Contractor acts as an agent, and are agreed between the Parties by signing an additional agreement on an individual basis.
- The rights and obligations of the Parties
2.1. The contractor shall:
2.1.1. Upon written request of the Customer to provide the necessary information about the services provided, the cost of flights and transportation, reservation services and other services identified in the Contract, including on existing routes, rates, and availability.
2.1.2. To carry out on the basis of the Application of the Customer (booking and registration of tickets for international and domestic airlines in accordance with the rules and requirements of airlines, railway tickets for international and domestic transportation in accordance with the rules and requirements of the Central Railway Agency, booking of hotel rooms, car rental services, sightseeing services, visas and insurance policies in accordance with the rules and requirements of hotels, car rental companies, consular services and insurance companies and other companies providing appropriate services .
2.1.3 To accept Applications from the Customer for the provision of services specified in paragraph 1.1 hereof in writing by e-mail email@example.com. The Application for the purchase of the service must contain a list of the services provided, passport/ID data of passengers, routes, departure/departure dates and other data necessary for the proper provision of services.
2.1.4. To inform at the request of the Customer on the execution of the orders, the circumstances that prevent the execution of the order or delay its implementation;
2.2. The customer undertakes:
2.2.1. Not less than ninety (90) calendar days prior to the intended date of rendering of services, to send to the Contractor for booking, registration of air tickets and railway tickets for international and domestic transportation in accordance with the rules and requirements of the Central Railway Agency, booking of hotel rooms, car rental services, visa processing and insurance policies in accordance with the rules and requirements of hotels, car rental companies, consular services and insurance companies.
2.2.2. The customer undertakes to timely and fully pay invoices issued by the Contractor in accordance with the conditions specified in clause 3.5. of this Contract. Rebooking and cancellation of tickets sold is governed by the rules established by the companies engaged in passenger transportation.
2.2.3. To comply with the existing norms and requirements for booking and registration of air tickets, hotel rooms, car rental companies, railway tickets, excursions and other services in accordance with the rules of the Contractor.
2.2.4. In case of cancellation of the order to reimburse the Contractor actually incurred expenses in connection with such refusal, which, on request, confirmed by the Contractor in document.
2.2.5. To ensure that all representatives of the Customer comply with the requirements of state bodies, customs authorities, airlines and airports related to the organization of air transportation on international and domestic airlines, including to arrive at the airport by the time appointed by the carrier or by the time required to perform preflight formalities (if the time of arrival at the airport is not specified), to present entry and other necessary documents.
- The cost of services and settlement procedure
3.1. The preliminary cost of the services specified by the Contractor in catalogues, price lists and special Applications, as well as on the website of the Contractor biglifetour.com. The prices shown in catalogues, price lists and special applications are for information only and the Contractor may change them depending on the kinds and list of services. The final price shall be specified by the Contractor at considering of the Application.
3.2. The payment currency is US dollars.
3.3. The cost of services includes the tariffs, fees, commissions of air and railway carriers and other organizations specified in the Contract, and taxes stipulated by the legislation of the Russian Federation.
3.4. Payment for the ordered services shall be made by the Customer in the order of 100% prepayment on the basis of Invoices issued by the Contractor within 5 (five) working days from the date of invoicing. The parties agreed that invoices and acts of rendered services can be transmitted by e - mail.
3.5. Bank charges and bank commissions on the territory of the Contractor shall be paid by the Contractor, and on the territory of the Customer - by the Customer.
3.6. Payment of the Contractor's invoices shall be made by the Customer in cashless form by transferring funds to the Contractor's Bank account under the terms and conditions of the current legislation of the Russian Federation. The day of payment is considered the date of receipt of funds to the account of the Contractor in its servicing Bank.
3.7. In case of delayed payment invoice by the Customer, the Contractor has the right, in order to protect its rights (Art. 14 of the Civil Code of Russian Federation), to suspend the execution of the current reservation and/or cancel the reservation and cancel the unpaid ticket or other services under the present Contract. A cancelled ticket or other cancelled service is invalid and will not be accepted for fulfillment.
- Force majeure
4.1. The parties are relieved from responsibility for partial or complete failure to fulfill obligations hereunder if it was caused by force majeure, i.e. extraordinary and unavoidable circumstances (natural disasters, acts of public authorities, strikes, labor disturbances, riots, war, etc.) and, if these circumstances directly affect the execution of this Contract.
4.2. The term of performance of obligations under this Contract shall be extended in proportion to the time during which the force majeure circumstances have been in force, as well as the consequences caused by these circumstances.
4.3. If the force majeure circumstances or their consequences last more than one month, each party shall have the right to demand termination of the Contract, in the manner provided in this Contract. Upon termination of the Contract For the specified circumstances, the parties shall make settlements on the obligations existing at the time of termination of the Contract.
4.4. The obligation to prove the occurrence of force majeure circumstances shall rest with the Party referring to such circumstances.
- Liability Of The Parties
5.1. The parties to the Contract agree to discharge their responsibilities fully and in accordance with the terms of this Contract.
5.2. The parties shall be liable to each other for non-performance or improper performance of their obligations under this Contract in accordance with the General rules on liability for breach of obligations in accordance with this Contract and the current legislation of the Russian Federation.
5.3. A party that has not performed or improperly performed the duties provided for in this Contract shall compensate the other party for the losses caused by this.
5.4. For delay in payment for services provided by the Contractor and accepted by the Customer, for a period of more than 3 (Three) working days, the Contractor has the right to demand from the Customer a penalty of 0.1% of the invoice value for each day of delay until the actual execution by the Customer of its payment obligation.
The penalty is not paid for the use of funds (Art. 395 of the civil code) and is not subject to change when changing the accounting rate of the Central Bank of the Russian Federation.
5.5. Damages and payment of penalties does not release from the obligations under this Contract.
5.6. The contractor shall not be liable for unauthorized actions of air carriers and airport authorities, consisting in the transfer of the date and time of departure, flight cancellation, delay in the departure/arrival of the flight, made without warning the Contractor less than 1 (One) day before the date and time of the flight specified in the air ticket and resulting in this violation of connections of other flights, business processes of the Customer, cancellation or transfer of the timing of the fulfillment of excursion services and other consequences. In these cases, air carriers are responsible to the Customer in accordance with Russian and international regulations.
5.7. The contractor shall not be liable to the Customer in case of impossibility of rendering the requested services due to unreliability, insufficiency and untimely information and documents provided by the Customer in accordance with the terms of service and requirements to them.
5.8. The contractor shall not be liable if the person who is provided services in accordance with the Customer's order and this Contract, the carrier refused carriage for any reason specified in the air carriage rules, approved by the carrier and(or) in the rules of rendering services in transportations on the rail transport of passengers, and also cargoes and luggage for the personal, family, household and other needs not connected with entrepreneurial activities.
5.9. The Contractor shall not be liable for the refusal of the hotel to provide accommodation services due to the lack of documents confirming the reservation (voucher) issued by the Contractor to the Customer, as well as documents confirming the identity. The contractor shall not be liable for inability to reserve the hotel due to the lack of seats in the hotel specified by the Customer.
- Dispute resolution
6.1. All disputes and disagreements which may arise out of this Contract or in connection therewith, the Parties shall endeavor to resolve by negotiations.
6.2. If the parties do not reach an agreement through negotiations, all disputes shall be considered in the claim procedure. The term of consideration of the claim – 30 (thirty) calendar days from the date of receipt of the claim.
6.3. If the parties fail to reach an agreement, all disputes, disagreements or claims arising out of or in connection with this Contract, including its performance, breach, termination or invalidity, shall be settled by the Arbitration court of St. Petersburg and Leningrad region in accordance with the law and the current legislation of the Russian Federation.
6.4. The parties agree that the substantive law of the Russian Federation will be applied to resolve their disputes arising out of or in connection with this Contract.
6.5. The parties undertake to comply with the decision of the Arbitration court in the manner prescribed by law.
- The term of the Contract
7.1. The Contract shall enter into force upon its signing by the Parties and is valid until the 31st of December, 2018.
7.2. This Contract may be terminated prematurely as a result of its termination by agreement of the parties or in court, as well as the refusal of one of the parties to perform the Contract. The Customer has the right to refuse to perform the Contract provided that the Agency actually incurred expenses. The Contractor has the right to refuse to perform the obligations under the Contract, subject to compensation for the losses incurred by the Customer.
7.3. Termination of the Contract shall not entail the termination of monetary obligations of the Parties existing at the time of termination of the Contract.
- Other terms and conditions
8.1. After signing the present Contract all previous written and oral agreements, correspondence, negotiations between the Parties relating to this Contract, expire.
8.2. The present contract is made in two copies in Russian and English (one copy for each party), having equal legal force. In case of any contradictions and/or differences between the English and Russian version, Russian version is considered to be decisive.
8.3. All documents transmitted via e-mail (orders, invoices, acts of rendered services, tariffs, offers, etc.) are legally binding and are recognized as equivalent to the originals.
8.4. None of the Parties has no right to assign, transfer, or in any other manner delegate to third parties its obligations under this contract without the formal consent of the other Party.
8.5. Any agreement between the Parties, entailing new obligations, which arise from the present Contract must be confirmed in writing by the Parties in the form of additions or modifications to this Contract.
8.6. All changes and additions to this Contract are valid if they are in writing and signed by the Parties. Unilateral change of Contract is not allowed.
8.7. In all other cases not provided for in this Contract, the provisions of the legislation of the Russian Federation.
8.8. This Contract is made in two copies, one for each party.