The parties to this service agreement (hereinafter referred to as the "Agreement") are:
An individual with legal capacity in accordance with the legislation of the Russian Federation, or a legal entity with legal capacity in accordance with the legislation of the Russian Federation, having an Account on the Platform and offering services (hereinafter referred to as the "Contractor"), on the one hand, and
An individual with legal capacity in accordance with the legislation of the Russian Federation, expressing an intention to purchase services (hereinafter referred to as the "Customer"), on the other hand,
together referred to as the "Parties", have entered into this Agreement as follows:
1. Terms used in the Agreement
1.1. "Platform" - websites owned by Palmarius or its partners, including palmarius.org, palmarius.ru, as well as palmarius client mobile applications designed to search and book Offers (goods and services).
1.2. "Account" - a set of electronic data (protected by the technical means of the Site) communicated about itself by the Contractor on the Site, allowing the Contractor to be individualized.
1.3. "Offers" - goods and services provided by the Partner to third parties on the terms determined by the Partner on the Platform.
The services include: transportation of passengers, excursion services, temporary accommodation services, as well as related services (insurance, transport services, information services, etc.), which are searched for using the Platform.
The goods include: ready-made meals (food), food, souvenirs, consumer goods, etc.
1.4. "Agreement" - an agreement for the provision of services or the sale of goods, concluded between the Contractor and the Customer using the technical means of the Platform.
1.5. "The moment of the conclusion of the Agreement" - the moment when the Customer confirms the readiness to use the services or purchase the goods by making a Pre-payment. When the Customer chooses an offline payment method (in cash at the place of arrival), the moment of conclusion of the Agreement is the moment of providing the Contractor with supporting documents indicating the time of arrival of the Customer in the country of rendering the selected service (for services) or the moment of providing the phone number and address of residence of the Customer, provided that the city of location (temporary residence) of the Customer coincides with the city of shipment of the goods. (for goods)
1.7. "Ticket" - a document printed by technical means on paper, sent by the Contractor to the Customer after the Customer has paid in advance for the Proposals, confirming the specified Advance payment.
1.8. "Advance payment" - full or partial payment for Proposals by a third party prior to the provision of services or shipment (delivery) of goods by the Contractor, on the terms determined by the Contractor on the Platform.
1.9. "Advance booking" - preliminary ordering of the Offer, subject to payment of the cost to the Contractor upon arrival by the Customer at the place of provision of the selected service or at the point of shipment (delivery) of the goods.
2. Subject of the Agreement
2.1. Under this Agreement, the Contractor undertakes to provide the Customer with services or sell the goods at a price, within the time frame and on the terms determined by the Contractor on the Platform
2.2. The services provided for by this Agreement are considered to be provided by the Contractor to the Customer from the moment the service is rendered / receipt of the goods and the Contractor receives funds from the Customer in payment of the entire cost of the goods or services.
3. Obligations of the Parties
3.1. The Contractor undertakes:
3.1.1. Provide services to the Customer in full compliance with the terms of this Agreement and with the terms posted by the Contractor on the Platform, including arriving at the place of the service or arriving at the point of delivery (delivery) of the goods without delay.
3.1.2. Provide services to the Customer in person, or with the involvement of third parties.
3.1.3. After the Advance payment of the Proposals (in accordance with clause 5.2. Of this Agreement), using the technical means of the Platform or by other legal means, send the Customer their contact details (phone number and e-mail address), as well as the Ticket.
3.1.4. Do not transfer directly (personally) to the Customer until the conclusion of the Agreement their contact information (including phone number, e-mail address) in any way (including indirectly outside the Platform).
3.2. The customer undertakes:
3.2.1. Accept services in full compliance with the terms of this Agreement (including in accordance with the terms posted by the Contractor on the Platform), including, but not limited to: provide the Contractor with your contact details (phone number and e-mail address) for transmission, arrive at the place without delay providing the service, follow the recommendations of the Contractor in the process of providing the service.
3.2.2. Pay for Offers in accordance with the terms of this Agreement on time and in full. The obligation is considered fulfilled from the moment the funds are credited to the account of the Contractor, or third parties authorized to act on behalf of the Contractor on the basis of a Power of Attorney or other legal act (document).
3.2.3. When choosing an offline method of paying for Proposals, using the technical means of the Platform, as a confirmation of the intention to conclude a deal with the Contractor, if necessary, send the Contractor an electronic Ticket indicating the time of arrival in the Contractor's country and / or the country of provision of the booked service.
3.2.4. After receiving the Ticket from the Contractor using the technical means of the Platform, print the specified Ticket on paper and have the specified Ticket when performing the service.
3.2.5. When concluding this agreement, not only on its own behalf, but also on behalf of third parties, it guarantees that it has the authority to carry out a transaction in the interests of others, and also undertakes to familiarize third parties with the content of this Agreement and with all information provided by the Contractor to the Customer and bears independent responsibility for this.
3.2.6 Receive from all persons on whose behalf this Agreement is concluded, their written consent to the processing of their personal data. Otherwise, the Customer assumes all the negative consequences.
To pay for the Contractor's Proposals, transfer funds only from accounts opened with credit institutions, payment systems, and in other ways not prohibited by the legislation of the Russian Federation, which are issued in the name of the Customer, or on behalf of third parties with the authority to conclude a transaction in the interests of others.
3.2.8. In the cases provided for by this Agreement, it is necessary to send the Contractor a request for a refund to be guided by the following: the request for a refund is sent by e-mail firstname.lastname@example.org, in the request for a refund, the Customer indicates his contact information (namely: the last name, first name and patronymic of the Customer , contact phone number, e-mail of the Customer, excursion order number, reason for return, refund amount, date of payments, method of payment and details from which payments were made). In the absence of the information specified in this paragraph, the Contractor has the right to refuse to return the funds.
3.2.9. Do not transfer directly (personally) to the Contractor until the Advance Payment date your contact information (including phone number, e-mail address) in any way (including indirectly outside the Platform).
3.2.10. After making a Pre-payment or "pre-booking", provide the Contractor through the technical means of the Platform or by other legal means with your contact information (including phone number, email address).
4. Terms of service
4.1. By transferring funds (in accordance with clause 5.3. Of this Agreement) as payment for the remainder of the cost (if any) of the Proposals, the Customer agrees to the terms of the provision of services by the Contractor in full.
4.2. In the event that the Customer, through no fault of the Contractor, interrupts the provision of the service before its completion, the services are considered to be provided in full and are payable in accordance with the terms of this Agreement. In this case, the Customer's claims regarding the services will not be accepted.
4.3. In the event that the Contractor, through no fault of the Customer, interrupts the excursion before its completion, the services are considered not provided and the Contractor, at the request of the Customer (sent to the Contractor in the form provided for in clause 3.2.6. Of the Agreement), undertakes to return to the Customer the funds paid by the Customer under this Agreement for the provision of services using the technical means of the Platform within a reasonable time.
5. Cost of services and payment procedure
5.1. The cost of the Proposals is determined by the Contractor on the Platform. Prior to the conclusion of this Agreement, the Customer is fully informed about the cost of the Proposals.
5.2. At the time of the conclusion of this Agreement, the Customer paid the Contractor the Preliminary cost of the Proposals using the technical means of the Platform or by other legal means, by bank transfer.
5.3. When choosing "Advance booking" and off-line payment for goods and services, the Customer pays its cost to the Contractor directly upon arrival at the place of service provision: within 24 hours from the start of the "tour" type service, for other types of services - within 1 hours, for goods - immediately upon arrival at the point of issue of goods.
Otherwise, the Contractor has the right to unilaterally and extrajudicially refuse to execute this Agreement.
5.4. Within 24 hours from the moment the Contractor starts rendering services, the Customer is obliged to pay the remaining cost (if any) of the services in the manner agreed by the Parties.
5.5. All costs associated with the provision of services, the Contractor bears independently without subsequent reimbursement by the Customer, unless otherwise established by the Contractor on the Platform.
5.6. The refund to the Customer of the funds paid by the Customer under this Agreement as an Advance payment of the Proposals is carried out by the Contractor at the request of the Customer (clause 3.2.8. Of this Agreement) to the same bank card with which the Customer made the payment, using the technical means of the Platform in accordance with with the terms of the return policy.
6. Responsibility of the Parties
6.1. In case of non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
6.2. The Contractor is not responsible for the fulfillment of its monetary obligations in accordance with this Agreement if the Customer provides inaccurate bank details.
6.3. The parties are released from liability for failure to fulfill obligations under the Agreement if this is caused by force majeure circumstances. In the event of force majeure circumstances, the terms for fulfilling the obligations established by the Agreement are extended for the period during which the force majeure circumstances are in effect, or, by agreement of the Parties, the Agreement is terminated and the Contractor returns the Advance payment to the Customer.
6.4. The Party for which the impossibility of fulfilling its obligations due to the occurrence of force majeure circumstances has been created is obliged to notify the other Party (including through the Platform) no later than 1 (one) day from the moment of the force majeure circumstances.
7. Termination and amendment of the Agreement. Other conditions.
7.1. All changes and additions to the Agreement are recognized as valid only if they are made in the same form in which this Agreement is concluded. Confirmation of the Parties to change the terms of this Agreement is a message from each of the Parties sent to the other Party in the relevant section of the Platform (on the Order page) containing a list of changes that the relevant Party proposes to make to the Agreement (or to which it agrees).
7.2. The Customer has the right to unilaterally and extrajudicially refuse to execute this Agreement after the Advance payment of the cost of the Proposals, by sending the Contractor a corresponding notification using the technical means of the Platform.
7.3. The relations of the Parties under this Agreement are governed by the legislation of the Russian Federation.
7.4. In the event of discrepancies or any inconsistencies in the semantic content of the terms of this Agreement, the text of this Agreement in Russian shall prevail.
7.5. If any disputes and disagreements arise between the Contractor and the Customer under this Agreement, or in connection with it, the Parties undertake to resolve them through negotiations.
7.6 If any disputes, disagreements or claims arising out of or in connection with this Agreement, including those related to its execution, violation, termination or invalidity, are not resolved in accordance with clause 7.5. of this Agreement, the dispute between the Parties is considered in accordance with the current legislation of the Russian Federation in court.