By concluding this contract for the provision of paid services (the "Contract"), the Customer, in accordance with Article 428 of the Civil Code of the Russian Federation, confirms that he fully and unconditionally joins the contract for the provision of paid services, the terms of which are determined by the Contractor and published on the Contractor's official website on the Internet. 1. TERMS AND DEFINITIONS 1.1. In the Contract, unless otherwise explicitly follows from the text of the Contract, the following words and expressions will have the meanings specified below: 1.1.1. The Customer is an individual who independently visits the place of temporary stay for educational, educational, cognitive -research, recreational, sports and other purposes, or his legal representative. 1.1.2. Application – an application form for Services posted on the Contractor's website. 1.1.3. The contractor is Arkady Vasilyevich Garshin, registered as an individual entrepreneur (OGRNIP 773385087865 dated August 30, 2018).
1.1.4. Hike - the passage of a group of individuals by active means of movement along the route specified in the Application on the Contractor's website, with educational, research, recreational, sports and other purposes, carried out within the framework of amateur tourism, during the period specified in the Application on the Contractor's website.
1.1.5. Accompanying person – a person who provides information assistance to the participants of the Hike by providing information services during the Hike.
1.1.6. Services - has the meaning given to this term in clause 2.1 of the Contract.
1.1.7. Data form – a special form indicating the data about the participant of the Hike required for the performance of the Contractor's obligations under this Agreement.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes to provide, and the Customer undertakes to pay for the following Services:
2.1.1. Development of individual / group routes for the purposes of amateur tourism;
2.1.2. Determination and selection of the composition of the Campaign group, including the selection of an Accompanying Person;
2.1.3. Informing (written and oral) about the choice of the safest route, the necessary special equipment, the most suitable place for organizing a bivouac, about the correct way of using general and personal equipment, about sights on the route, about possible dangers to the life and health of participants of the Hike on the route, about the quantity and assortment of food, about safety in the mountains and about the rules for using special equipment (ice axe, strapping, cats) used on the route (when used).
2.1.4. Providing the Campaign group with first aid equipment, public equipment, food;
2.1.5. Assistance in obtaining an insurance policy in respect of a Participant of the Hike from an accident for the period of the Hike.
3. THE PROCEDURE FOR PROVIDING SERVICES
3.1. In order to receive Services, the Customer independently places an order on the Contractor's website. The customer makes the choice of a Hike on the website Execute
3.2. The Customer confirms familiarization with the content of the Contract and the terms of the provision of Services by the Contractor by putting a mark in a specially designated place on the Contractor's website when submitting an Application for services.
3.3. After the Application is processed, the Contractor informs the Customer about the further necessary actions to receive the services, including sending the Customer a Data Form or a link to fill out the Data Form, or notifies about the absence of the possibility of providing Services on the grounds specified in clause 3.7 of this Agreement. To inform the Customer in accordance with this agreement, the Contractor uses the Customer's email address specified in clause 9.7 of this Agreement.
3.4. Services are provided in respect of a limited number of Participants of the hike who have submitted an Application and made timely payment for Services. The number and composition of the participants of the Campaign is determined by the Contractor at its discretion based on the priority of the applications submitted and the payment for Services made.
3.5. The guarantee for receiving Services in the Campaign is provided by the Contractor after receiving an Application from the Customer and payment for Services under this Agreement.
3.6. If on a certain route on certain dates the number of participants of the Hike has reached the maximum value, the provision of Services and further participation in the Hike may be deemed impossible.
3.7. The participation of a minor tourist is made in the presence of an accompanying adult who is the legal representative of the minor or who has a notarized consent from the legal representatives of the minor tourist.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Obligations of the Customer:
4.1.1. To pay for the Services in accordance with Section 5 of this Agreement;
4.1.2. Independently pay for expenses related to travel, accommodation and meals (unless otherwise specified in the travel program) on a Hike;
4.1.3. Comply with the information instructions of the Contractor and the Accompanying Person regarding safety in the Campaign in accordance with the information sent by the Contractor to the Customer within the framework of the provision of services under this Agreement, including, throughout the Campaign, have a passport, a compulsory medical insurance policy, do not use alcoholic beverages and narcotic drugs, independently organize the installation of a tent for overnight accommodation, cooking, personal hygiene, personal property safety, take care and ensure the safety of equipment provided for temporary use, promptly inform the accompanying person about the deterioration of health or injury;
4.2. Obligations of the Contractor:
4.2.1. To provide Services in a timely manner and in full in accordance with the terms of this Agreement;
4.2.2. Promptly advise the Customer on any issues related to the Services;
4.3. The Contractor is not a tour operator and travel agent within the meaning of Federal Law No. 132-FZ dated 24.11.1996 "On the basics of tourist activity in the Russian Federation", that is, does not carry out activities for the formation, promotion and sale of a tourist product, including does not provide transportation and accommodation services to the Customer.
4.4. The Customer is notified and aware that the Hike is of an extreme nature and is carried out by the Participant of the Hike at his own risk, including the following risks:
- meeting with a wild animal, insect bites and possible consequences in the form of injuries and other harm to health;
- contacts with water bodies in extreme conditions (crossings/crossings over mountain rivers, prolonged stay in cold water (fords);
- the occurrence of an accident, injury to health, including death, or other adverse consequences due to weather conditions, contact with wildlife (insect bites, contact with plants, frostbite, hypothermia, thermal burns, severe forms of mountain sickness), the state of health of the participant of the hike and other circumstances.
4.5. The Customer is solely responsible for his life and health, as well as for the life and health of underage tourists accompanied by him.
4.6. The Customer is independently responsible for the proper state of health that allows him to make extreme trips, including the absence of chronic diseases, allergies, cardiovascular diseases, as well as other medical contraindications to the implementation of the Hike.
4.7. The Customer has the right to issue voluntary life and health insurance independently and at his own expense.
4.8. The Contractor has the right to involve third parties in the performance of his duties without the need to obtain consent from the Customer.
5. COST AND PAYMENT PROCEDURE
5.1. The cost of Services is indicated on the Contractor's website.
5.2. Payment for the Hike is made on the terms (in the order and method) chosen by the Customer when making an Application from among the available conditions specified on the Contractor's website.
5.3. The cost of the Contractor's Services is not subject to VAT, since the Contractor applies a simplified taxation system and, in accordance with Articles 346.11, 346.12 of the Tax Code of the Russian Federation, is not recognized as a VAT payer.
5.4. The Contractor has the right to refuse to perform the Contract if the Customer fails to fulfill his obligation to pay for the Contractor's Services.
5.5. The Customer has the right to refuse to perform this Agreement, provided that the Contractor pays the actual expenses incurred by him, however, in any case, at least 30% of the cost, unless otherwise agreed with the customer in writing, including correspondence in messengers, e-mail.
5.6. The funds paid by the Customer to the Contractor will not be returned to the Customer in case of impossibility of execution that arose through no fault of the Contractor, including in the following cases:
- the decision made independently by the Customer to terminate participation in the Campaign for any reason;
- non-compliance by the Customer with the Accompanying information instructions, including staying in a state of alcoholic and/or narcotic intoxication during the Hike;
- the impossibility of further participation in the Campaign for health reasons;
- the impossibility of carrying out a further Hike due to weather and other conditions threatening the life and health of the Customer;
- the Customer does not have the necessary documents, permits to stay on the territory of the Campaign;
- inability to participate in the Campaign due to the Customer's lack of the necessary personal equipment to participate in the Campaign.
6. TERM OF THE AGREEMENT
6.1. This Agreement comes into force from the moment of registration of the Application and receipt of information about the Customer to the Contractor in the application management system and is valid until the Parties fully fulfill their obligations under the Agreement or until the early termination of the Agreement. The Customer's submission of the Application to the Contractor is considered to be the Customer's accession to the Contract.
7. DISPUTE RESOLUTION PROCEDURE
7.1. In case of disagreements and disputes related to the fulfillment of the terms of this Agreement, the parties resolve them through negotiations.
7.2. If it is impossible to resolve disputes through negotiations, disputes are resolved in accordance with the procedure established by the legislation of the Russian Federation.
8. PERSONAL DATA
8.1. Through the conclusion of this Agreement, the Customer decides to provide his personal data as part of: surname, first name, patronymic, passport data, phone numbers, city of actual residence, email addresses, personal page addresses on the website www.vk.com
, residential address, postal address and gives consent (confirmed by marking in a specially designated place on the Contractor's website) to the processing of personal data in automated, non-automated and mixed forms, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), destruction of personal data by his will and in his interest to the Contractor. Personal data is provided by the Customer in order to provide the Customer with information services in the field of amateur tourism for a period of 10 (ten) years from the date of conclusion of the infusion
8.3. The Customer agrees that the list of third parties who have been granted permission to process personal data may be changed and supplemented, which does not require the signing of additional consents by the Customer. Up-to-date information about the names and addresses of such third parties may be provided to the Customer by the Contractor immediately upon request of the Customer.
8.4. The Customer confirms that the personal data provided by him is complete, up-to-date and reliable, and agrees that this consent is specific, informed and conscious.
8.5. The provision of personal data on the Contractor's website means the Customer's unconditional and full consent to the terms of their processing by the Contractor.
8.6. The Customer, by registering and/or entering his data on the Contractor's website or its subdomains, in order to provide the Giant with Services in favor of the Customer, gives his consent to receive the distribution of advertising and/or informational materials via SMS services, messengers, e-mail, etc. By giving such consent, the Customer confirms that he acts of his own free will and in his own interest, and also undertakes to provide reliable data necessary for registration and/or purchase / provision of the service.
8.7. The Customer confirms that he has information that at any time he has the right to unsubscribe from receiving e-mail newsletters by clicking on the corresponding link existing in any letter. The Customer is also informed that if there are any questions regarding the refusal, including SMS mailings, he has the right to ask for help by sending a letter to the Contractor's email address specified in clause 9.7 of this Agreement.
8.8. The consent to the processing of the Customer's personal data may be revoked at any time on the basis of the Customer's written application. In case of withdrawal of consent before the expiration of its validity, the Customer is warned about the possible consequences of termination of the processing of his personal data. The application for revocation of consent to the processing of personal data must be signed by the Customer personally, or by his representative, whose authority must be confirmed. The application may be sent in scanned form to the Contractor's e-mail address specified in clause 9.7 of this Agreement. In case of withdrawal of consent to the processing of personal data, the termination of processing and destruction of personal data will be made within 15 (fifteen) calendar days after receipt of the withdrawal.
9. FINAL PROVISIONS
9.1. By concluding this Agreement, the Customer confirms and guarantees that this Agreement does not deprive the Customer of the rights usually granted under contracts of this type, does not exclude or limit the Contractor's liability for breach of obligations and does not contain other clearly burdensome conditions for the Customer that he, based on his reasonably understood interests, would not accept if he had the opportunity to participate in determining the terms of the Agreement. Also, by concluding this Agreement, the Customer confirms and guarantees that he is not put in a position that significantly complicates the negotiation of other content of certain terms of the Agreement, and that there is no obvious inequality of negotiation opportunities between the Parties.
9.2. In accordance with Part 1 of Article 450 of the Civil Code of the Russian Federation, the Parties have agreed that the Contractor has the right to make changes and (or) additions to the
terms of the Contract. In this case, the amendments and (or) additions made by the Contractor to the Contract become binding on the Parties on the date of entry into force of the revision established by the Contractor and posted on the Contractor's website.
9.3. The Parties have agreed to consider the e-mail addresses (e-mail) specified in this Agreement and in the Application as the appropriate addresses for sending/receiving a valid/original Agreement.
9.4. The Parties have hereby agreed that they mutually recognize electronic documents signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature. The signing of documents by the Customer can take place, among other things, by putting a special symbol (check mark) in front of the corresponding document (links to the document) by the Customer.
9.5. In everything else that is not provided for in this Agreement, the parties are guided by the current legislation of the Russian Federation.
9.6. Details of the Parties
Garshin Arkady Vasilyevich