REGULATIONS FOR ELECTRONIC REGISTRATION OF TOURIST PRODUCTS USING INTERNET, DATA TELECOMMUNICATIONS SYSTEM
The given REGULATIONS FOR ELECTRONIC REGISTRATION OF TOURIST PRODUCTS USING INTERNET, DATA TELECOMMUNICATIONS SYSTEM (hereinafter вЂ“ вЂњthe RegulationsвЂќ) define the procedure for rendering of services aimed at sale of Tourist product, as well as arrangement of document flow between the Tour operator and the Tourist using Internet channels (international computer network), with the purposes of: selection and registration of tourist product, as well as drafting of electronic documents by the Tour operator for further sending to the TouristвЂ™s electronic mail.
Terms used in the given Regulations are understood and interpreted by the parties under the Civil Code of the Russian Federation, Federal Law of the Russian Federation On Basics of Tourist Activity in the Russian Federation approved by the decree of the Government of the Russian Federation, Regulations for rendering of services aimed at sale of tourist product, and other laws and delegated legislation of the Russian Federation governing tourist activity.
Should the given Regulations contradict with the imperative norms of the current legislation of the Russian Federation, the imperative norms of the current legislation of the Russian Federation should prevail.
USED TERMS AND ABBREVIATIONS
Tour operator вЂ“ Limited liability company Way-In that conducts business aimed at formation, promotion and sale of tourist products and (or) individual tourist services.
Tour operatorвЂ™s web-site - http://www.russiawayin.com.
Tourist product is a complex of services aimed at accommodation, transportation, transfer and rendering of excursion services to the Tourist. Tourist services are indicated in the Internet at the electronic page, http://www.russiawayin.com/trips, and are not the final Tourist product. The content of Tourist product is formed by the Tour operator on the individual basis, based on TouristвЂ™s needs.
Tourist вЂ“ individual that orders Tourist product from the Tour operator.
Electronic communication вЂ“ transfer/receipt of information between the Tour operator and the Tourist using electronic mail (email) and/or text messages using WhatsApp and other similar applications.
Invoice Contract вЂ“ document uniting the Invoice and Sales contract for Tourist Product.
Sale of tourist product вЂ“the Tour operatorвЂ™s activity aimed at conclusion of Invoice Contract with the Tourist, based on agreement of Tourist product with the Tourist.
Payment of tourist product вЂ“ implicative actions of the Tourist expressing his/her will to conclude Invoice Contract with Tour operator.
Online travel documents (briefly вЂ“ вЂњOTDвЂќ) вЂ“ itinerary receipt of electronic ticket; voucher, travel insurance policy and other documents necessary for rendering of tourist services.
1. SELECTION OF TOURIST SERVICES. SENDING OF REQUEST FOR AGREEING OF TOURIST PRODUCT.
1.1. The Tourist independently selects the Tourist service at the Tour operatorвЂ™s website and sends a Request for agreeing of Tourist product to the Tour operator.
1.2. The Tourist sends a request for agreeing of Tourist product using one of the next methods:
1.2.1. by filling a special form at the Tour operatorвЂ™s website, pressing a REQUEST button under the selected Tourist service.
1.2.2. directly connecting with the Tour operator using contact data placed at the Tour operatorвЂ™s website.
2. AGREEING OF TOURIST PRODUCT.
2.1. In 2 (two) working days since receipt of the request, the Tour operator notifies the Tourist on the opportunity to render the Tourist services, as well as sends to the Tourist several variants of Tourist product using electronic means of communication.
2.2. In 2 (two) working days the Tourist selects one of the offered variants of Tourist product and notifies the Tour operator on it by sending a reply using electronic means of communication. The products is considered agreed since the Tour operator receives the reply.
3. SALE AND PAYMENT OF TOURIST PRODUCT.
3.1. Based on the agreed Tourist product the Tour operator drafts and sends the Invoice Contract to the Tourist using electronic means of communication.
3.2. The cost of Tourist product is indicated in the Invoice Contract.
3.3. The Invoice Contract is valid within 3 (three) banking days since its issuance inclusive. Should no payment is made within the indicated period, the Invoice Contract is automatically annulled.
3.4. No payment of the Invoice Contract by the third parties as well as partial payment of the Invoice Contract is allowed. The reference to the number and date of the Invoice Contract at payment is compulsory.
3.7. The Invoice Contract is considered concluded since its payment by the Tourist.
3.8. Introduction of changes into the paid Invoice Contract leads to its annulment.
4. OFFICIAL REGISTRATION OF OTD BY THE TOUR OPERATOR.
4.1. The Tour operator forms the OTD based on the agreed Tourist product and sends the indicated documents using electronic means of communication not later than 5 (five) days before rendering of services is started, according to the Invoice Contract.
5. INTRODUCTION OF CHANGES AND ANNULMENT OF INVOICE CONTRACT.
5.1. The Tourist is entitled to change the list and terms for provision of services, as well as to refuse from the services indicated in the Invoice Contract completely or partially. In this case, the Tourist sends to the Tour operator a new request for agreeing of Tourist products or a written notification about refusal from the Invoice Contract.
5.2. The Tour Operator agrees the relevant changes with the Tourist using electronic means of communication and issues a new Invoice Contract in 2 (two) working days since receipt of request from the Tourist. The Tour operator sends a new Invoice Contract to the Tourist by the results of agreement, that should be approved by the Tourist in 2 (two) working days from the moment of its receipt at the latest.
5.3. The Tour operator deducts actually incurred expenses, including cash assets paid to the third parties, fines and penalties in pursuance of its duties under Invoice Contract in 2 (two) working days since the receipt of TouristвЂ™s written notification on refusal from the Invoice Contract. If the Tourist annuls the Invoice Contract, the amount of actual costs is indicated in the Invoice Contract depending of the terms of refusal (annulment).
5.4. Based on clause 5.2-5.3 of the Regulations, cash assets are repaid to the Tourist in one of the next ways:
- In cash at Tour operatorвЂ™s location;
- By repayment of cash assets to the Web money electronic wallet indicated by the Tourist;
- By wire transfer to the TouristвЂ™s bank account or another account indicated by the Tourist;
- Should the Invoice Contract is paid with bank card, the assets are repaid to the TouristвЂ™s bank card used for payment of the Invoice Contract.
6. LIABILITY OF THE PARTIES
6.1. The parties are liable for improper performance of terms of the given Regulations since conclusion of the Invoice Contract according to the current legislation of the Russian Federation.
6.2. In case of any conflict, paper documents printed from electronic mail can be presented to court as a written evidence.
6.3. To ensure implementation of the Invoice Contract, the Tourist gives to the Tour operator a three-year consent for storing, processing, dissemination and other use of his/her personal data allowed by the Federal law On Personal Data and transferred to the Tour operator within execution of the Invoice Contract, as well as gives his/her consent for receipt of data about new Tourist products, discounts, activities from the Tour operator on addresses and telephones indicated in the given Invoice Contract. The given consent can be withdrawn by the Tourist in written form.
7. SETTLEMENT OF DISPUTES
7.1. In case of any disputes the Parties settle them by means of negotiations, as well as through correspondence using electronic means of communication.
7.2. The claims regarding quality of Tourist product are presented to the Tour operator using electronic means of communication in 20 calendar days since rendering of services provided by the Invoice Contract, and are subject to consideration in 10 calendar days since receipt of claims under the procedure set by the legislation of the Russian Federation.
7.3. Should the controversies are not settled by means of negotiations, the dispute is subject to consideration in court according to the legislation of the Russian Federation. The proceedings are held in Russian. The applicable law is the law of the Russian Federation.
8. FINAL PROVISIONS
8.1. The given Regulations are placed at the Tour operatorвЂ™s website.
8.2. The provisions of the given Regulations are changed and set by the Tour operator unilaterally, without any prior notification.
Since the new version of the Regulations is placed at the Tour operatorвЂ™s website, the previous version loses its effect.