for the Provision of Hotel Services
Nizhny Novgorod July 01, 2019
1. General Provisions
1.1. This Offer shall be a formal public irrevocable proposal of OKTO GROUP Limited Liability Company represented by the Director KALININ Nikolai Nikolaevich acting on the basis of the Charter, hereinafter referred to as the Contractor, to conclude a contract with a Customer for the provision of hotel services under conditions of this Public Offer Agreement (hereinafter referred to as the Agreement).
1.2. The text of this Agreement is available at web-site: www.hotelvesnann.ru.
1.3. This Public Offer Agreement shall be concluded under a special procedure as follows: by the acceptance of this Agreement, i.e. by a complete and unconditional response of a person on the adoption thereof (Article 438 of the Civil Code of the Russian Federation). Pursuant to p. 3, Art. 438 of the RF Civil Code the acceptance of the essential conditions contained in this Public Offer Agreement shall be equivalent to the conclusion of a contract for the provision of hotel services. This Agreement shall be legally effective pursuant to Art. 434 of the RF Civil Code and shall be equivalent to an agreement signed by the parties.
1.4. The proof of the complete and unconditional adoption (acceptance) of the Public Offer conditions specified below shall be the payment by the Customer for services (pursuant to p. 3, Article 438 of the RF Civil Code, the acceptance of the Offer shall be equivalent to the conclusion of an agreement under the conditions stated in the Offer). The payment for booking request shall also be deemed as the acceptance of the Offer and that shall be equivalent to the conclusion of a contract by and between the Customer and the Contractor for the provision of hotel services under the conditions stated in this Offer.
1.5. This Agreement shall be deemed to have been concluded since the acceptance thereof and shall be valid till the fulfillment of all of the Parties’ obligations under this Agreement.
2. Basic Definitions
A Request for booking hotel rooms/services shall be a written form sent by the Customer to the Contractor in order to book hotel and/or any other services for a specific date and under certain conditions by e-mail to the address specified on the Contractor’s website or through online booking on the Contractor’s website.
A Booking Confirmation shall be a written document to be drawn up by the Contractor based on the Customer’s Request subject to the Contractor’s written consent given to provide hotel and /or any other services in due time and under the conditions required in the said Request sent to the Customer by e-mail.
Hotel services shall mean services associated with the hotel check-in, accommodation and any other related services provided by the Contractor to the Customer in accordance with the Hotel Services Regulations in the Russian Federation (approved by RF Government Decree No. 1085 dd October 09, 2015), any other regulatory acts as well as the Hotel VESNA Accommodation Regulations.
The Hotel means Hotel VESNA located at: 18, Manufacturnaya St., Nizhny Novgorod.
The Contractor’s site is the Contractor’s website: www.hotelvesnann.ru.
The Reception is the entrance area at the Hotel with a reception desk located on the 1stfloor near the
main entrance. It is the workplace for an administrator and the point for the registration, check-in and check-out of guests as well as the place for receiving written statements and oral appeals of the Customer.
3. Subject of the Agreement
3.1. The Contractor agrees to provide hotel services and the Customer agrees to pay therefor under the conditions stipulated by this Agreement.
3.2. The cost of hotel services is specified in the Price List for services and accommodation at the Hotel VESNA placed in the information catalog in the hotel hall on the 1stfloor near the reception and on the website www.hotelvesnann.ru.
4. Rights and Obligations of the Parties
4.1. The Contractor undertakes:
4.1.1. To ensure the quality of hotel services in accordance with the Hotel Services Regulations in the Russian Federation and the Internal Accommodation Regulations.
4.1.2. To provide the Customer with a room (rooms) in the Hotel under the conditions of this Agreement and booking requests accepted and confirmed by the Contractor.
4.1.3. To transfer to the Customer all the required documents related to the check-in and accommodation, the provision of any other paid services.
4.1.4. To provide information to the Customer on the Hotel services and their cost, information on any extra services to be rendered for a fee as well as on the Hotel Accommodation Regulations by posting such information on the Contractor’s website and at the reception in the Hotel.
4.1.5. To consider booking requests received from the Customer (for making changes in available booking, for canceling available booking) and to give the written confirmation of a Request (making changes, booking cancelation) or the refusal of the confirmation within 24 hours.
4.1.6. In case of the Customer non-show:
– under the guaranteed booking: to keep the booking till 14.00 of the day following the day of the arrival, thereafter the Contractor will provide a reserved room at the Contractor’s discretion. In case of the Customer late arrival under the guaranteed booking a fee shall be charged for the actual vacancy of the room (a bed in the room) but not more than for a day.
– in case of the non-guaranteed booking: to keep the booking till 23.00 of the arrival day, thereafter the Contractor will provide a reserved room at the Contractor’s discretion.
4.2. The Contractor shall be entitled:
4.2.1. To demand from the Customer during the check-in an identity document (Passport or any other identification document under the established procedure, Birth Certificates for children under 14 years old).
The registration of children under 14 at the Hotel shall be carried out based on identity documents of their parents (adoptive parents, guardians) or close relatives/accompanying person (s) arrived together with them as well as on a document certifying the authority of such accompanying person (persons) and the Birth Certificates of the said minors. A document certifying the authority of an accompanying person for minors under 14 shall be the notarized Statement of Consent of their parents for accompanying their child on the territory of the Russian Federation.
The registration of a minor at the age between 14 and 18 at the Hotel shall be carried out with the written consent of their legal representatives – parents, adoptive parents or a guardian.
The registration of the individual accommodation of minors in case of their group arrival (sports teams, creative teams, etc.) shall be carried out as per the minors’ documents specified in p. 2. of the said Regulations and the document certifying the identity and proving the authority of their legal representative (parent, adoptive parent, guardian or others) acting by virtue of a notarized Power of Attorney/the consent.
4.2.2. To require the Customer to comply with all procedures for ordering and booking hotel services strictly according to the Regulations set forth on the Contractor’s website and in this Offer.
4.2.3. To demand from the Customer the complete agreement to the Offer conditions and to refuse the provision of services to the Customer in case of no agreement thereto.
4.2.4. To demand from the Customer the payment in full of the cost of hotel services as well as extra services provided to the Customer.
4.2.5. To substitute in exceptional circumstances any previously confirmed hotel rooms with rooms of the same category at no extra charge.
4.2.6. T visit a room wherein the Customer lives without agreement with the Customer in order to carry out cleaning or maintenance in the room, in case of smoke, fire, flooding occurrence.
4.2.7. To establish a Commission, if the Customer is absent in the room 6 hours later the checkout time, to make an inventory of effects in the room, to remove such effects from the room. The said effects shall be kept in the Hotel premises within twenty four hours and thereafter they may be transferred to the police.
4.2.8. To engage any third parties to perform services for the purposes of this Agreement.
4.3. The Customer undertakes:
4.3.1. To get acquainted with the Accommodation Regulations, the procedure for the hotel services provision, with this Agreement, any other internal documents related to the provision of requested services.
4.3.2. To send a Request to the Contractor for booking, making amendments to the available booking and the cancellation of the available room booking in the form and under the procedure stipulated by this Agreement.
4.3.3. To comply with the Hotel Accommodation Regulations when staying in the Hotel, as well as fire safety rules, rules for using household appliances and the conditions stipulated by this Agreement.
4.3.4. Neither to transfer the guest’s key or card to any third parties nor leave any strangers in the room when being absent therefrom.
4.3.5. To make sure prior to leaving the room that the windows and doors are closed, the appliances and electric lights, taps for cold and hot water supply are turned off.
4.3.6. To pay for the Contractor’s services under the conditions of this Agreement.
4.3.7. To independently get acquainted with information on the Contractor’s website and in the Hotel on kinds of services, their prices and the conditions for their provision. To timely provide all the required true data (the Customer’s name, passport data, exact information about the mail address, phone number, e-mail to be necessary to the Contractor for operational communication with the Customer) and original documents for the provision of services by the Contractor.
4.3.8. To independently obtain all the necessary information before paying for services in order to determine the quality and scope of the Contractor’s services by reviewing information on the Contractor’s website. The Customer agrees that the payment for the Contractor’s services shall mean that the Customer has received the detailed information on paid services.
4.3.9. To vacate the room at the end of the accommodation period before the checkout time (12.00 of the current day); the accommodation period shall only be extended in case of no reservation available for this room
4.4. The Customer shall have the right:
4.4.1. To request from the Contractor the exact and complete information on the Hotel category and location and on services to be provided.
4.4.2. To make changes and to cancel confirmed bookings pursuant to p. 5 of this Agreement.
5. Room Booking and Payment Procedure
5.1. The booking of a room in the Hotel shall be carried out independently by the Customer using Internet resources. A room booking request may also be sent by the Customer to the Hotel administrator or manager by phone or e-mail.
5.2. Fees for the Hotel accommodation and services shall be determined in the price list approved by the Contractor and posted on the website www.hotelvesnann.ru. The payment shall be made in Rubles by cash or using payment or bank cards. The check-in at the Hotel shall only be performed after the payment for accommodation.
When paying by cash an individual guest shall be given at the reception and accommodation desk a cash voucher or an invoice (a receipt) of the established form. For an invoice to be issued, a guest as a representative of a legal entity should ask thereabout the reception and accommodation service in advance before the payment for services by cash. Such an invoice shall be issued based on the details of an entity, a travel certificate and a power of attorney.
5.3. Room rates may vary depending on the date and length of the accommodation. The accommodation rate may also include catering, leisure activities and other services. The actual cost of accommodation services for relevant dates with the description of the list of provided services included in the accommodation rate are stated on the Contractor’s website.
5.4. The accommodation fee shall be charged beginning from the checkout time at the Hotel regardless of the actual time of the Customer check-in into the room. If the Customer stays in a room within a day (up to 24 hours) at most, a fee will be charged as for a full day.
5.5. In case of delay in the Customer’s departure the accommodation extension shall be charged as follows:
– Check out before 15.00 – the payment shall be at the rate of 30% of the room price;
– Check out before 18.00 – the payment shall be at the rate of 60% of the room price;
– Departure after 18.00 – the payment shall be for a full day.
6. The Responsibility of the Parties
6.1. The Parties shall be liable for the violation of the Agreement conditions as stipulated by the legislation of the Russian Federation.
6.2. The Contractor shall bear no responsibility in case of the non-provision or improper provision of services by the Contractor or by any third parties, if such failure results from the unreliability, insufficiency or untimeliness of the confirming information and documents provided by the Customer or from any other violations of this Offer Agreement conditions by the Customer.
6.3. The Customer shall represent interests of all persons specified in a Request and shall be personally liable to the Contractor for the correctness of data provided therein about them, for the fulfillment of their obligations by all persons including liabilities to pay for an order.
6.4. The Customer shall be responsible for any damage to the Contractor’s property.
6.5. The Contractor shall ensure the safety of personal effects of guests in a room and those deposited for safe-keeping.
The Contractor shall not be liable for any loss of money, other currency values, securities, credit and telephone cards, jewelry and other precious items, which have not been deposited for safe-keeping pursuant to Art. 925 of the RF Civil Code.
6.6. In order to properly arrange activities the Hotel divides all items found into the following categories and determines the following storage periods:
– Household items (linen, cosmetics, etc.) – to be kept for 1 month;
– Documents, securities – to be kept for 3 months;
– Cash – to be kept for 3 months;
– Identity documents – to be transferred to police authorities within seven business days from the date of their finding;
– Jewelry, valuables – to be kept for 3 months;
– items prohibited for circulation and storage – shall not be kept. If necessary, they shall be promptly transferred to law enforcement bodies.
Any found (lost) things shall be returned based on an application to be drawn up by a Guest in writing specifying the time, place and circumstances of the loss of an item, its value, the description of such left item which would enable to identify the item belonging to the owner as well as passport data, mail address, contact phone number and/or email address.
A declarant of a loss shall prove the fact of the loss of an item and the fact of the possession thereof and/or a document to the person, who has declared the loss. A declarant of the item loss may submit as evidence any baggage receipts, checks, warranty slips and any other documents as well as affidavit.
If there are any reasonable doubts about the sufficiency and reliability of such evidence as well as the identity of the claimant for the return and/or any other circumstances which require any further investigation, the Hotel shall be entitled to request some additional evidence from the Guest and the maximum allowable time for considering the application and making a decision shall be 30 (thirty) calendar days. The Hotel shall notify the Guest in writing on the examination results and the decision taken.
6.7. The return of found (lost) things shall be carried out by the Hotel in one of three possible ways as follows: in person; through an authorized person; by a courier service.
– a found (lost) thing may be returned personally, when a Guest applies to the reception desk and shows his/her identity document;
– while returning things through an authorized person, an original power of attorney shall be provided at the Hotel issued by the owner of the thing containing the full passport data of the owner, a list of things to be returned as well as information about the said authorized person including the surname, name, patronymic and full passport data. The return of a thing shall be carried out in the same way as the return of things in person;
– found items may be sent to a Guest through a courier service to be ordered and paid by the said Guest. The indispensable condition shall be the provision of the original completed application by a Guest to the Hotel for the return of lost things as well as the provision of the sufficient evidence to satisfy the filed claim.
6.8. In case of any complaints arisen during the stay at the Hotel the Customer must contact the Contractor to eliminate any drawbacks in the provision of services.
The Parties will make every effort to reach agreement on any matters of dispute through negotiations taking into account the conditions of this Offer.
6.9. For all other issues not covered in this Offer Agreement the Parties shall be guided by the current legislation of the Russian Federation
7. Force Majeure
7.1. The Parties shall be released from the liability for the partial or complete failure to fulfill their obligations under this Offer Agreement, if the fulfillment thereof is impeded by a contingency unavoidable under the certain conditions (force majeure).
7.2. If force majeure circumstances occur, which prevent the fulfillment of obligations under this Agreement by one of the Parties, the latter shall be obliged to notify the other Party within at least 3 (three) days from the commencement of such circumstances ant the time period for fulfilling the obligations under this Agreement shall be extended in proportion to the time of the duration of such contingencies.
8. Personal Data Security
8.1. Pursuant to Part 2, Art. 6 of the Federal Law No. 152-FZ of July 27, 2006 On Personal Data the processing of the Customer’s personal data shall be carried out in order to fulfill this Agreement one of the Parties thereof shall be the Customer. The Customer’s personal data shall not be subject to distribution, except for cases stipulated by the legislation of the Russian Federation.
8.2. The Contractor undertakes to use all of the Customer’s personal data specified by the latter during the registration and in the course of preparing an Order solely for the documenting of the sale of relevant services, the identification and support of the Customer. The Contractor undertakes under no circumstances to use the Customer’s personal data for any unauthorized distribution of information not related to services provided by the Contractor.
8.3. When concluding this Agreement the Customer agrees to the processing of his/her personal data by the Contractor for the provision of hotel services in the Hotel.
9. Procedure for the Agreement Amendment and Termination
9.1. This Agreement shall come into force since its conclusion (the acceptance of the Offer) and shall be valid till the Parties fulfill their obligations.
9.2. The Customer shall be entitled at any time to waive the Contractor’s services. The Customer’s waiver shall result in the termination of all the Contractor’s obligations before the Customer since the time of such waiver.
9.3. The Contractor shall have the right to unilaterally terminate this Agreement.
9.4. The Contractor shall have the right to amend the conditions of this Agreement and its Annexes, introduce new Annexes to this Agreement without prior notice. The Customer being aware of such possible amendments shall agree that they will be made. If the Customer continues to use the Contractor’s services of after such amendments, it shall mean his consent thereto.
10. Details of the Customer
OKTO GROUP LLC
Legal address: 1, Timiryazev St., suite P2, office 22, Nizhny Novgorod, 603022
Privolzhsky Branch of Promsvyazbank PJSC
N. Novgorod BIC 042202803