The following text is an official public offer addressed to individuals in order to conclude a contract for the provision of services in accordance with the Civil Code of the Russian Federation, paragraph 2, article 437. A contract is considered as concluded and entered into force from the moment of your commitment of actions provided in the Offer and meant your unconditional accession to all terms of the Offer without any exceptions or restrictions.
PUBLIC OFFER
on the sale of hotel services
ALL HOTELS Ltd, hereinafter referred to as «the EXECUTOR», concludes this Contract with any person, hereinafter referred to as «the CUSTOMER». This Contract is an agreement for the supply of service entered into by public offer, and regulates the provision of services and obligations arising in connection with that between the EXECUTOR and the CUSTOMER. The text of this Contract is available at the Internet address: http://all-hotels.ru/oferta/index.en.html.
1. Terms and definitions used in this Contract
An on-line booking system is a set of software services of the company “ALL HOTELS Ltd” to book hotel rooms through the Internet in real time.
2. Subject of Contract
The subject of this Offer is the booking and sale of hotel services to the CUSTOMER under the terms of this Offer and in accordance with the rates, published on the website http://all-hotels.ru.
3. Rights and duties of the parties
3.1. The CUSTOMER has the right
3.1.1. To book hotel services using the Internet, phone calls and other means listed on the website http://all-hotels.ru. At the same time the CUSTOMER admits that in the event of using the EXECUTOR’s service they fully and unconditionally accept the terms of this Offer irrespectively of the means by which the reservation has been made.
3.1.2. To cancel or change the reservation only after agreement with the EXECUTOR in writing.
3.1.3. To choose a method of the booking payment among the ones proposed on the website http://all-hotels.ru.
3.1.4. To check independently the booking information before its registration and reservation of hotel services. The CUSTOMER is fully responsible for the reliability and legality of the data used during the booking procedure.
3.2. The EXECUTOR has the right
3.2.1. To demand from the CUSTOMER to follow compliance with all procedures of the reservation and booking of hotel services strictly by the rules stated on the website http://all-hotels.ru and in this Offer. Whatever are the CUSTOMER’s actions, the EXECUTOR is responsible for the proper execution only of those actions and procedures carried out in full compliance with these rules.
3.2.2. To demand from the CUSTOMER full consent with the terms of the Offer and without the agreement on the terms of the Offer to refuse in the provision of services to the CUSTOMER.
3.2.3. To deduct or demand from the CUSTOMER payment of the full costs of fines under the hotel terms specified in the reservation, in case of a change, cancellation of the booking or no-show at the hotel. At the same time the CUSTOMER admits actions of the EXECUTOR completely legitimate and has no complaints.
3.2.4. To deactivate and activate a service, carry out preventive works on the server and other equipment involved in the provision of services at a convenient time, to inform the CUSTOMER about this on the website http://all-hotels.ru.
3.2.5. To provide the CUSTOMER with the information about hotels and methods of payment. In the event of payment for the reservation through the payment terminal to provide the CUSTOMER with the information on the amount of payment agreed to the payment systems involved in the process of booking hotel services.
3.2.6. To demand from the CUSTOMER to pay the full cost of a reservation made.
3.2.7. To use a third party to receive payments for services.
3.2.8. In exceptional cases, to replace a hotel room, confirmed earlier, by the rooms of the same or higher category without additional payment.
3.3. The CUSTOMER is obliged
3.3.1. To agree to the terms of this Offer.
3.3.2. To do not start booking without getting to know beforehand the rules of the EXECUTOR. If the CUSTOMER starts a booking procedure, the EXECUTOR has the right to consider, that the CUSTOMER is completely acquainted and agree to the rules.
3.3.3. To state the actual contact information when registering and booking (telephone number, e-mail).
3.3.4. To specify when booking and verify the accuracy of all data required for reservation. In case that the CUSTOMER refused to give the necessary information, the EXECUTOR has the right to cancel the registration of the booking.
3.3.5. To pay the full cost of the reservation by means of payment methods presented on the website http://all-hotels.ru and in the period stated by the EXECUTOR in the booking procedure.
In the event of payment of the booking by bank card through the Internet only use a bank card belonging to the CUSTOMER. To avoid a fraud the EXECUTOR shall check for payment and contact the CUSTOMER to solve any arising issues. In case the CUSTOMER is not available or the matter remains unresolved, the EXECUTOR reserves the right to cancel this reservation and shall return the money to the bank card of its owner.
3.3.6. In case of rejection of the reservation (cancellation) to inform immediately the EXECUTOR (with the further provision of written confirmation). Cancellation is accepted from the date of receipt by the EXECUTOR of a written confirmation of cancellation.
3.4. The EXECUTOR is obliged
3.4.1. To provide the CUSTOMER with the necessary information and instructions for booking. Exhaustive information is the information which the EXECUTOR publishes on the website http://all-hotels.ru.
3.4.2. To provide the CUSTOMER with the information about hotels and methods of payment for services. Exhaustive information is the information provided by hotels and coordinated with them.
3.4.3. To confirm the possibility of providing the CUSTOMER with hotel services with an indication of their costs by 3 working days at the latest from the moment of receipt of the reservation.
3.4.4. In the event of impossibility of booking on terms declared by the CUSTOMER, to inform the CUSTOMER about this and offer booking on alternative conditions.
3.4.5. To accept payment for services from the CUSTOMER (including through third parties) after the proper reservation and successful booking of hotel services.
4. Rules of cancellation of reservation, change of reservation and return of cash to the CUSTOMER.
4.1. The CUSTOMER has the right to cancel the reservation at any moment. At the same time the late cancellation of the reservation (cancellation of the booking of hotel services after the date of the cancellation specified in the booking) or no-show at the hotel implies a charge to the CUSTOMER in favor of the EXECUTOR penalty provisions in an amount assessed by the terms of the hotels specified in the reservation.
4.2. When making changes in reservation concerning the essential conditions of providing services (change of accommodation, the date of commencement or termination of service, etc.), these changes are considered a new booking of hotel services while the initial booking is subject to cancellation. The date of change or cancellation of the reservation is considered the date of receipt by the EXECUTOR of a proper written application of the CUSTOMER. Terms of cancellation depend on the terms of cancellation, specified by the hotel indicated in the booking, and published on the website http://all-hotels.ru.
4.3. Return of cash to the CUSTOMER in the event of cancellation of the reservation, change of the reservation, no-show at the hotel, late cancellation of the reservation (cancellation of the booking of hotel services after the date of the cancellation specified in the booking) are carried out on terms placed on the website http://all-hotels.ru and are available for the attention of the CUSTOMER before starting the booking procedure.
5. Responsibility. Dispute settlement procedure.
5.1. The CUSTOMER represents the interests of all persons listed in the reservation and is personally responsible to the EXECUTOR for the correctness of the data reported about them in the application, for performance of all obligations by all parties, including obligations to pay for the booking and pay fines in the event of rejection of hotel services (including no-show at the hotel).
5.2. The EXECUTOR is not responsible in the event of default or improper performance of services for their part or by third parties arising because of the unreliability, insufficiency or tardiness of confirmed information and documents provided by the CUSTOMER, as well as arising as a result of other breaches of the terms of this Offer by the CUSTOMER.
5.3. The EXECUTOR is not responsible in the event of no-show of the CUSTOMER at the hotel on the first day of arrival and, as a result, the impossibility of staying at the hotel.
5.4. The EXECUTOR is not responsible for discrepancy of provided service to expectations of the CUSTOMER and its subjective evaluation.
5.5. Parties shall make every effort in order to reach agreement on disputable issues by negotiations. If it is found impossible to reach agreement by negotiations, the disputes are subject to a hearing by the Arbitration Court of Moscow.
5.6. On all other matters not specified in this Offer, the Parties are guided by current legislation of the Russian Federation. All possible disputes arising from the provisions of the Offer shall be settled in the courts of Russia in accordance with current legislation of the Russian Federation.
6. Force majeure.
6.1. Parties are exempt from liability for complete or partial failure to perform its obligations under the Contract if such failure was a result of force majeure that is extraordinary and unavoidable circumstances under existing conditions.
6.2. The circumstances of force majeure particularly include: natural disasters, acts of war, nation-wide crisis, strikes in the industry or region, actions and decisions of public authorities, failures occurring in the telecommunications and energy networks, the effect of malicious software, as well as the dishonest actions of third individuals, expressed in actions aimed at unauthorized access and / or disabling the software and / or hardware complex of each Party.
7. Modification and termination of Contract.
7.1. This Contract enters into force from the moment of the commencement of the booking procedure by the CUSTOMER and is valid indefinitely.
7.2. The CUSTOMER has the right to refuse service of the EXECUTOR at any moment. Refusal of the CUSTOMER entails the termination of all obligations of the EXECUTOR before the CUSTOMER since such refusal.
7.3. The EXECUTOR has the right to terminate this Contract unilaterally, without giving reasons.
7.4. The CUSTOMER has no right to terminate the Contract after acceptance of its terms.
7.5. The EXECUTOR has the right to change the terms of this Contract and its Annexes, to introduce new Annexes to this Contract without preliminary notice. The CUSTOMER knowing about the possibility of such changes, agree that they will be produced. If the CUSTOMER continues to use the services of the EXECUTOR after these changes, it means agreement with them.
8. Confidentiality of data
8.1. The CUSTOMER obtains a guarantee of confidentiality of data provided by them for the purpose of booking hotel services.
8.2. The CUSTOMER is responsible for maintaining the confidentiality of their account name (login) and password, as well as for all activities carried out under this name (login) and password. The EXECUTOR is not responsible for and does not replace losses incurred due to unauthorized use of the identity data of the CUSTOMER by third parties.
9. The EXECUTOR details
Name: “ALL HOTELS Ltd”
Legal address: Nikoloyamski Lane, 4-6, building 3B, Moscow, Russia, 109004
Postal address: p/b 116, Chernogolovka, Moscow reg., Russia, 142432
INN/KPP: 7709370188/770901001
Telephone: +7 (495) 956-0-659
