PUBLIC OFFER AGREEMENT FOR PROVIDING SERVICES
Valid as of 01.09.2016
This Agreement is a public contract offer and an agreement of accession.
ABT-service Ltd., on the one hand, hereinafter referred to as "Contractor", represented by Director General M.A. Stakhanov, acting on the basis of the Charter, and any person accepting this proposal, on the conditions that follow, hereinafter referred to as "User", on the other hand, shall be hereinafter referred to as "Parties" to the Offer Agreement.
After activating the item "Pay" and creating a bill on the Contractor's website http://veryvip.ru, you become a user of the system, who, by making a partial or full payment for services in accordance with this bill, accepts the offer and agrees with the specified terms and conditions, and the conclusion of this agreement. This action is deemed to be equivalent to the User's signature affixed with his own hand in the Agreement. In this case, the User understands all the terms and conditions of the Agreement and agrees with them, and all necessary information related to the Agreement and services was given to the User.
The Parties recognize the Internet address - http://veryvip.ru as the proper official website of the Contractor (hereinafter the "Contractor's website"). Any changes to the agreement should be made by way of e-mail correspondence or notification in the User's personal profile on the Contractor's website.
The relevant addresses of the Contractor are the addresses indicated on the Contractor's website in the sections "About the Company". Whereas, the e-mail address of the User is considered to be the e-mail specified by him when he signed in for the service on the Contractor's website.
The parties recognize this agreement, attested with an equivalent of a handwritten signature, as binding. In all other respects, all the terms and conditions of this agreement shall have the same effectiveness as it would have if it were made in hard copy. To accept the agreement, the User must submit the order form on the website of the Contractor or pay (fully or in part) in accordance with the bill in the manner and pursuant to the conditions provided for in this Agreement and (or) specified in the bills for payment. If the User makes a payment in accordance with the bill, whereof validity period as per its conditions has expired at the time of the payment, such payment is considered by the Parties equivalent to the acceptance of the offer, while the amount of payment valid at the time of payment is reflected in the credit organization profile.&&& If the User fails to accept, the Offer Agreement shall be deemed terminated. Payment of the bill is made using one of the methods offered by the system when placing an order and generating the bills for payment of the services. The User's payment (both full and partial, in the form of an advance payment) is a complete acceptance of this Agreement with all the Appendices and supplements to it and confirms acquaintance and acceptance of all its terms in full.
The Contractor is Limited Liability Company "ABT-Service", which provides booking and registration services for VIP Lounges in airports around the world, as indicated on the Site.
The User is a legally capable natural person who has reached the age of 18, who has the legal right to enter into a contractual relationship, place the Order on the site www.veryvip in his own benefit or for the benefit of third parties or otherwise using the services purchased on the site www.veryvip.ru, solely for personal, domestic and other needs not related to entrepreneurial activities.
The Site is the site with an Internet address: www.veryvip.ru, owned by ABT Service Ltd..
An Order is a properly issued User's request for the services VIP Lounge, Fast Track, Meet & Assist, Fast Track + VIP Lounge, as specified on the Site.
The User Account is the User's personal account, opened in the personal profile on the website «www.veryvip.ru», whereto the funds are credited upon their refund to the User in the cases provided for in this Agreement. The funds are to be used as an advance payment for subsequent Orders the User will place with "ABT Service", or are subject to refund to the User upon his written request.
The Booking System is a system that contains information about available services, VIP Lounges, tariffs and rules for their application, as well as other conditions of provision of the services offered, presented to the User on the site www.veryvip.ru in full compliance with the way it is represented in the booking systems by direct service vendors or their authorized representatives. Information in the booking system is subject to change and supplements that can occur any time. Therefore, the User is encouraged to use the booking system "as is".
The Operator is an employee of ABT Service, who processes the User Orders.
Services. The user has the right to use any combination of the following services:
VIP Lounge is the airport's VIP lounge services (clearance in pre-flight formalities: customs control, check-in for the flight, passport control).
Fast Track is an expedited (prioritized) clearance in pre-flight formalities in the common airport hall in the company of a representative.
Meet&Assist is a personal accompaniment of the passenger and assistance in the clearance in pre-flight formalities in the common hall of the airport. The service does not provide for clearance in formalities in the expedited ("prioritized") mode.
Fast Track + VIP Lounge is an expedited clearance in flight formalities in a common airport hall and a visit to the VIP lounge (at some airports, pre-flight formalities clearance takes place directly in the VIP lounge).
CLAUSE 1. GENERAL.
1.1. By ordering services via ABT Service, the User agrees with the terms and conditions of this Public Offer Agreement (hereinafter referred to as the "Agreement") set forth below.
1.2. This Agreement, as well as information on services provided on the Site, is a public offer in accordance with Clause 435 and Section 2 of Clause 437 of the Civil Code of the Russian Federation.
1.3. All agreements for the provision of transportation services, whereof information is put up on the Site, are concluded by the User directly with the persons providing these services.
1.4. "ABT Service" reserves the right to introduce changes to this Agreement, for which reason the User undertakes to regularly monitor changes in the Agreement, which is put up on the website in the "OFFER" section.
1.5. The User agrees with the Agreement by clicking on the "Pay" button. By agreeing to the terms of this Agreement, the User confirms his/her rights and legal capability, financial solvency, as well as awareness of the liability for the obligations imposed on the User pursuant to this Agreement. The User confirms the authenticity of his personal data, as well as the data of passengers (third parties) and assumes all responsibility for its accuracy, completeness and reliability. The User assumes all possible commercial risks (making out a new order, tariffs changing, refund, etc.) related to the User's faults of making mistakes, allowing inaccuracies in the provision of personal data.
CLAUSE 3. ORDERING AND TERMS OF ORDER CONFIRMATION.
3.1. The order is made out by the User at his own discretion using the Site.
3.2. When completing the Order, the User must fill in all the fields indicated in the Booking System as "mandatory" fields.
3.3. Orders issued by the User are final when the order has the "Pending Payment" status. Registration of VIP Lounge services takes place within no more than 24 hours from the moment "ABT Service" receives payment for the Order.
3.4. Any changes to any passenger's personal data in the Order results in the tariffs agreed in the Order becoming invalid, because changing these passenger data in the order means that the User must cancel the Order and issue a new one. The User assumes all possible commercial risks (registering new order, tariffs changing, refund, etc.) related to their faults of making mistakes and inaccuracies submitting personal data.
CLAUSE 4. PAYING FOR THE ORDER. SERVICE FEES.
4.1. The cost of the VIP Lounge and other services is determined by the providers of these services (airports), and can be changed at any time without prior notification to ABT Service. In this case, ABT Service is not liable for the consequences associated with the change in the cost of such services.
4.2. The cost of the Order is indicated on the Site. In the event of any errors in the cost of the Order, "ABT Service" informs the User as soon as possible. The User may at his option confirm the Order with the revised cost or cancel the Order. If we cannot get in touch with the User, the Order is considered to be canceled. "ABT Service" refunds the money to the User at the User's written request. To get a refund, it is necessary to fill in an appropriate order cancellation notice, which is provided by ABT Service's personnel at the request of the User.
4.3. Payment methods are indicated on the Site in the section "Payment methods".
4.4. How to pay by a bank card:
4.5.1. In accordance with the regulations of the Central Bank of the Russian Federation "On the Issue of Bank Cards and on Operations Conducted with the Use of Payment Cards" dated 24.12.2004 No. 266-P, bank card transactions can be made by the card holder or by the person authorized by him.
4.5.2. Authorization of bank card transactions is made by the bank. If the bank has a reason to believe that the transaction is fraudulent, then the bank has the right to refuse to carry out this transaction. Fraudulent transactions with bank cards fall within the scope of Clause 159 of the Criminal Code of the Russian Federation.
4.5.3. In order to prevent various kinds of misuse of bank cards when paying, all Orders processed on the Site and paid by a bank card are checked by ABT Service. According to the rules of the international payment systems, in order to verify the identity of the owner and his eligibility to use the card, the User, who has registered the order, must, upon request of the operator, provide a copy of two pages of the Passport of the owner of the bank card -- the pages with his/her photograph, and scanned copies of both sides of the bank card (the number must be covered not to be seen, except for the last four digits) sending them by fax or e-mail or sending the transaction identification number. In case the User does not provide requested documents and if there is doubt as to their authenticity, "ABT Service" reserves the right to cancel the order without giving any reasons. The cost of the order is refunded by creditting the card of the User.
CLAUSE 5. CANCELLATION AND CHANGES OF THE ORDER.
5.1. In the event that the User for any reason wishes to cancel the Order, he must send a letter notifying of his wish to cancel the Order to the e-mail address firstname.lastname@example.org. If the User is unable to send such notification (due to having no Internet access, etc.) the user must contact the Operator by phone and cancel the Order. Beside that, the User must fill out a refund request, whereof sample is put up on the Site. Without this request properly filled out and sent to ABT Service Ltd., the order cannot be cancelled.
5.2. In case the User cancels the paid Order, the cost of the canceled Order, less the actual expenses of ABT Service, shall be transferred to the User's account for subsequent Orders, or the money can be refunded to him at his written request. Actual expenses refer to the costs incurred by ABT Service to organize the execution of the order, including payment of fines to airports and other parties who provide VIP Lounge and other services, as well as service fees charged by ABT service for providing services.
5.3. ABT Service has the right to cancel the Agreement at any time without prior notification if the User fails to comply with the procedure and terms of booking and payment for services.
5.4. When refunding the cost of the service to the bank card, which was used when the ticket was purchased, the refund period can amount to 14 banking days or more. This period depends on the speed the request is processed by banking services.
CLAUSE 6. GUARANTEES AND LIABILITY OF THE PARTIES.
6.1. Guarantees and liability of ABT Service.
6.1.1. ABT Service shall not be liable to the User in the event of complete or partial inoperability of the booking system and its components for any length of time, and also if the User has no access to the booking system or if the company incurs any indirect or direct costs in connection with these circumstances. All offers, prices and conditions of transportation can be changed without notice to the User. They can become limited in time, availability of places and terms of the Order, they can be affected by days-off and holidays, subject to seasonal price fluctuations, and / or subject to other changes, conditions and restrictions, beyond the control of ABT Service.
6.1.2 ABT Service is not liable for any negative consequences and losses incurred as a result of events and circumstances beyond its competence, as well as for acts (omissions) of third parties, namely:
- in case it is impossible to fulfill undertaken obligations due to inaccurate, insufficient and delayed information and documents provided by the User, or if the User fails to comply with the conditions of this Agreement or requirements for documents;
- for the actions of customs and immigration authorities;
- due to restrictions imposed by competent authorities on passengers limiting their right to go abroad from the Russian Federation;
- for the actions of the consulates of foreign states, including delay, waiver or prolonged times of issue of entry visas;
- for the consequences of the passenger's violation of customs and border formalities, travel and baggage regulations, as well as violations of special rules of conduct in the country of temporary sojourn;
- for passengers' non-compliance with established rules of accomodation in VIP Lounges;
- for the authenticity and correctness of the documents (reliability of the information contained in them).
6.2. The Parties shall not be held liable for improper fulfilment or failure to fulfil the obligations under the this Agreement in case of force majeure, whereto, on mutual agreement of the Parties, belong the following circumstances: fire, epidemic, earthquake, terrorist attack, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, hostilities of any nature, strikes, state of emergency or martial law, embargoes, changest to the legislation of the Russian Federation or of the visited country or transit country, actions of customs and sanitary control bodies, enactment by authorities of regulations preventing proper fulfilment by the Parties of their obligations, and other circumstances beyond control of the Parties.
6.3. On the occurrence (and termination) of the circumstances specified in paragraph 6.2. of this Agreement, the Party prevented by these circumstances from fulfilment of its obligations under this Agreement is obliged to immediately notify the other Party thereof. On failure to notify or untimely notification of such circumstances, the Party forfeits its right to refer to these circumstances and shall not be exempt from liability under this Agreement. Deadline for the fulfilment by the Parties of their obligations under this Agreement shall be extended for the time such circumstances stay in effect. If the circumstances continue for more than 14 (Fourteen) days, either of the Parties shall have the right to refuse to fulfil its obligations under this Agreement. These circumstances are to be confirmed by relevant decisions of the federal authorities, state authorities of the subjects of the Russian Federation, local self-government bodies, that they adopt in accordance with the federal laws.
CLAUSE 7. INTELLECTUAL PROPERTY.
7.1. All textual information and graphic images on the Site are the property of ABT Service and / or its counterparties.
7.2. Reprinting, reproduction in any form, distribution, including translation, of any materials from the Site are allowed only with the written permission of ABT Service.
7.3. Using documents and related graphic images published on the Site is subject to explicit statement of ABT Service copyright.
7.4. When reprinting materials, it is mandatory to refer to the Site as the source of publication, and to indicate other sources of information mentioned in the material. If the materials are posted on the Internet, there must also be a link to the Site.
7.5. Documents and associated graphic images published on the Site can be used only for information, non-commercial or personal purposes.
7.6. Any documents and associated graphic images published on the Site should not be in any way changed.
7.7. No graphic images published on the Site should be used separately from the accompanying text.
7.8. Documents and associated graphic images on the Site may include inaccuracies and / or spelling errors. From time to time, the information on the site will be changed.
CLAUSE 8. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.
8.1. Information submitted by the User:
8.1.1. When signing up on the Site, the User shall provide the following information: Second name, First name, e-mail address.
8.1.2. By submitting your personal data when signing up on the Site, the User agrees that "ABT Service" will procees the data, including for the purposes of promotion of "ABT Service" services.
8.1.3. If the User does not wish his personal data to be processed, he should contact the ABT Service Customer Service via the Feedback form on the Site. In this case, all information received from the User (including login and password) is removed from the User Database of ABT Service and the User will not be able to place Orders using the Site.
8.2. Use of information provided by the User and received by ABT Service:
8.2.1. ABT Service uses the information:
- to sign up the User for the Site;
- to fulfill its obligations to the User;
- to evaluate and analyze the operation of the Site;
- to determine the winner in promotion events run by ABT Service;
- for the User to participate in the bonus programmes run by ABT Service and
8.3. "ABT Service" has the right to send messages with promotional and advertising information to the User.
8.4. Disclosure of information received by ABT Service:
8.4.1. "ABT Service" undertakes not to disclose the information received from the User. Provision of information by "ABT Service" to agents and third parties acting pursuant to an agreement with ABT Service in order to fulfill obligations to the User is not considered to be a violation.
8.4.2. The disclosure of information is not considered to be a violation of obligations in accordance with reasonable and applicable requirements of the law.
8.5. "ABT Service" receives information about the IP-address of the visitor to the Site. This information is not used to identify the visitor.
8.6. "ABT Service" is not responsible for the open-to-public information provided by the User on the Site.
8.7. While agreeing with the terms of this Offer Agreement, you agree to our processing of your personal data provided by you of your own accord during registration, as well as personal data of other passengers that you input. The processing of your personal data and of the passengers is carried out in accordance with the legislation of the Russian Federation. We process your personal and other passengers' data in order to render services to them. We take all necessary measures to protect personal data from unauthorized access, modification, disclosure or destruction.
8.8. Disclosure of your information can be made only in accordance with the current legislation of the Russian Federation at the request of a court, law enforcement agencies, as well as in other situations stipulated by the legislation of the Russian Federation.
8.9. In accordance with Paragraph 1 of Clause 6 of the Federal Law dated 27.07.2006 No. 152-FZ "On personal data", wherein the processing of personal data carried out on the basis of the Federal law, by the Party which is the User, may also be done with the consent of the User's third parties. The responsibility for the consent to personal data processing is entirely the responsibility of the User.
This consent comes into force as of the date it is signed for the whole term of validity and can be withdrawn by submitting a written request to the Contractor. The consent to personal data processing of the User's third parties is made out as an appendix. Provision of services provided for in the offer without the consent to personal data processing from the User's third parties is impossible. The user confirms that he is the subject of the personal data submitted and knows the rights set forth in the Federal law 152 "On personal data" and the Constitution of the Russian Federation.
CLAUSE 9. OTHER CONDITIONS.
9.1. The relationships between the User and "ABT Service" are subject to the laws of the Russian Federation.
9.2. If the User has any questions, he should contact the Customer Service Department of ABT Service by phone or via the Feedback form on the Site.
9.3. In the event the User has a claim as to the quality of the work of "ABT service", the User shall submit a written claim enclosing documents substantiating his/her claim within a period not exceeding 20 (twenty) days from the date the User became aware of ABT Service infringing on his rights. Within 10 (Ten) days, ABT Service considers the claim and sends a substantiated response to the User. All disputes will be resolved by the parties through negotiations, however, if an agreement is not reached, the dispute will be referred to the court at the location of ABT Service.
9.4. If the court declares any provision of this Agreement invalid, it does not entail the invalidity of its remaining provisions.