last change of the document: 07.01.2017
This document constitutes an official public offer (“Offer”) of Rusmania LLC (number MВТ 115504 in the Unified Federal Register of Tour Operators), located at office 1, building 2, Ulitsa Bolshaya Tulskaya, Moscow, 115191, phone: +7 499 347-30-07 (“Company”) and it contains all the essential terms for the Company to render tourist services.
In accordance with existing civil legislation of the Russian Federation (item 2 of article 437 and item 3 of article 438 of the Russian Federation Civil code), subject to the conditions set out below and the service payment, an individual who accepts this Offer becomes a client (“Client”) (in accordance with Chapter IV, item 15 of the Rules of Rendering Tourist Services).
The fact that the Client has paid for the services rendered by the Company means his/her complete and absolute acceptance of the terms of the Offer.
1. SUBJECT OF THE OFFER
1.1. The subject of the Offer is the provision of services to the Client as listed in item 1.2 of this Offer, the terms and prices of which are published on the website www.rusmania.com (“Website”).
1.2. The services include customised tours, tours with fixed departure dates, tours for small groups and tours for individual tourists, including with the provision of accommodation, transport tickets, excursions, museum tickets, visa support, food, work of guides in foreign languages and transfers.
2. FINANCIAL SECURITY
2.1. The amount of the financial provision according to tour operator liability insurance contract No. 650-0000335-01160 of 26 May 2016 (valid from 07 September 2016 to 07 September 2017) is RUB 500,000.
2.2. The insurer: OOO Gelios Insurance, location and postal address: 2, Bulvar Entuziastov, Moscow, Russia, 109544, tel. 8 800 1 007 007
3. CONDITIONS AND MANNER OF PROVIDING SERVICES.
3.1. Having read the conditions of this Offer and having accepted them, the Client sends an automated application form (“Application”) to receive services to the Company or sends an email request to firstname.lastname@example.org
3.2. After agreement has been reached on dates, the range of services, the price and other characteristics of the tour, the Company shall issue an invoice for the payment of the deposit for the tour. The payment of the deposit by the Client guarantees the reservation of the services only on an availability basis.
3.3. Full or partial payment by the Client means the acceptance of this Offer.
3.4. After receiving the full payment for the tour, at least 10 days before its beginning, the Company shall issue the necessary documents for travel – tickets, vouchers, schedules with times and meeting places, plus any other details of the tour.
4. TERMS OF PAYMENT (THE OFFER PAYMENT)
4.1. The Company accepts all major credit cards, and bank transfers. Payments for all services must be made in accordance with the terms of this Offer. Payments for services must be prepaid 100% before the start of the tour. Online payment is effected by means of a protected connection on the authorised server of a third party. Bank card data are not given to the Company.
4.2. For each tour to be considered valid, a deposit of 30% of the services total cost is due.
4.3. The Client has the right to pay for the services using one of methods below listed:
- a 100% lump sum payment at the moment of completing the Application;
- in two transfers: 30% of the tour cost at the moment of completing the Application and the remaining 70% at least 14 (fourteen) days before the beginning of the provision of services.
4.4. If the Client sends a tour request less than 14 days before the beginning of the provision of services, 100% of the services cost is to be paid in a lump sum.
4.5. If payment is not made on time, the tour is considered to be cancelled. The Company with retain a sum in accordance with the cancellation policy (see clause 6)
4.6. The Company shall inform the Client of the receipt of money within two bank days from the date of receiving the deposit.
5. COST OF SERVICES
5.1. The tariffs for fixed itinerary tours are published on the Website. The cost of these services shall be calculated and vary according to the number of participants.
5.2. The final cost of the services shall be calculated taking into account the additional services chosen by the Client and shall be indicated in the final quote.
5.3. The prices, which are given on the Website, are valid at the moment of sending a request from the site.
5.4. Tariffing is carried out in US dollars, euros and pound sterling. The amount to be paid shall be calculated according to the internal exchange rate of the Company, which varies in accordance with the rate of the Russian rouble. The cost shall be indicated per group unless otherwise stated, all taxes included.
5.5. Pursuant to clause 2 of article 424 of the Russian Civil Code, a service provider may revise prices for the services (by increasing or reducing them) in the following unforeseen circumstances:
- a significant change in the rouble exchange rate, which influences the price of the tour.
- changes in transportation costs due to changes in fuel costs;
- changes in accommodation costs;
5.6. If the services price increases by 10% or less, the Client shall pay the difference in any case. If the services price increases by more than 10% then 30 days before the start of the provision of services, the Client may cancel the provision of services without being subject to any penalty or the obligation to pay the difference. If the services price increases by more than 10% and the Client cancels the services less than 30 days before the start of the provision of services, the Client shall be refunded his/her money minus any expenses incurred by the Company.
5.6. The Company undertakes to notify the Client of the introduction of new prices for services no later than three days after the unforeseen circumstances have occurred.
5.8. The list of services included in the price is indicated on the Website and is published in each tour programme on this website.
5.9. The tour price never includes: tips, personal expenses, alcohol, visa fees, vaccinations, administrative registration expenses, unless otherwise specified in the tour programme.
6. CANCELLATION TERMS
6.1. Cancellation by the Client:
6.1.1. The Client may cancel the booked services before the start of the tour. In this case the Client should send an email confirming the cancellation of the tour (“Cancellation Notice”). The date of the cancellation shall be the date of the receipt by the Company of the Cancellation Notice from the Client.
6.1.2. In the case of cancellation by the Client, a refund is made with a deduction of all expenses incurred by the company, according to the chart below, which shows the expenses to be retained on the date of cancellation with respect to the date of the departure:
DATE OF CANCELLATION
|FROM 60 TO 45 DAYS BEFORE THE DEPARTURE||10%|
|FROM 44 TO 15 DAYS BEFORE THE DEPARTURE||30%|
|FROM 14 TO 7 DAYS BEFORE THE DEPARTURE||50%|
|LESS THAN 7 DAYS BEFORE THE DEPARTURE||100%|
6.1.3. The Company shall refund the sum paid by the Client, after the deduction of expenses incurred by the Company, within 14 days after the receipt of the Cancellation Notice.
6.1.4. The failure of the Client to appear at the stated place and at the stated time shall be considered a cancellation of the tour. In this case the Company shall retain 100% of the total tour cost.
6.1.5. If the Client does not pay the total tour cost at least 14 (fourteen) days before the beginning of the provision of services, the tour is considered to be cancelled. In this case the Company retains an amount pursuant to clause 6.1.2 of this Offer.
6.1.6. In other cases of the cancellation of the tour by the Client or the impossibility to hold the tour for reasons beyond the control of the parties, the Company shall reimburse the sum paid by the Client pursuant to items 4. and 6.1.2 after the deduction of actual costs of the travel arrangement.
6.1.7. For the avoidance of doubt, in any case the Company shall not refund: cancellation fees charged by third parties, insurance charges, or the Company’s expenses incurred arranging the tour.
6.2. Cancellation of Railway Tickets by the Client
- To exchange electronic railway tickets the fee is USD 20. If the price of new tickets is higher, the Client shall also pay the price difference.
- To cancel paper railway tickets, the Client must send a request for a refund of the ticket at least 5 business days before the ticket departure date. The physical paper tickets must at the Company's office in Moscow for a refund to be processed; otherwise, the tickets will be non-refundable. Paper tickets on the routes China-Mongolia-China, Mongolia-Russia and China-Russia routes are 100% non-refundable.
- To cancel electronic railway tickets, the Client must send a request for a refund of the ticket at least 3 business days before ticket departure date.
- All cancellations and refunds for railway tickets are subject to a fee equal to 30% of the purchase price.
6.3. Cancellation by the Company:
- The parties are relieved of liability for complete or partial non-performance of assumed obligations under this Offer, if this non-performance results from extraordinary circumstances which cannot be foreseen or prevented by the Company, for example: earthquakes, avalanches or other natural disasters, executive orders or orders of state bodies, wars, armed conflicts, or the cancellation, changing or delays of flight or train (or other means of transport) timetables after the issuing of travel documents, etc. In these cases the Company undertakes to warn the Client no later than three days after the force majeure circumstances occur and to return the sum paid by the Client after the deduction of expenses incurred by the Company within 10 days after the date of cancellation.
- If the minimum number of participants required for certain tours is not reached, the Company shall inform the Client of such at least 21 days before the start of the provision of services. The Client may take the booked tour for an extra payment announced by the Company by email and to be paid by the Client no later than seven days before the start of the provision of services. The Company may also offer another tour for a similar price. If the Client refuses to pay the extra money, the contract is regarded as cancelled by the Company. The Company undertakes to repay 100% of the total cost within 21 days after the date of the cancellation.
7. RIGHTS AND LIABILITIES OF THE COMPANY
7.1. The Company shall:
- provide the Client with all the necessary exact information to make it possible to choose the tourist services;
- provide transfers, meetings, accommodation, meals, excursions and other services in accordance with the tour itinerary;
- provide other services as agreed by the Contractors;
7.2. The list of services provided by the Company to the Client shall be stated in the tour description agreed by the Contractors.
7.3. The Company may:
- refuse to render the tourist services to the Client in case of a violation of clause 8.1.1 of this Offer;
- have the hotel changed to another one in exceptional circumstances provided that the new hotel is of the same or higher class (without an extra payment).
- along with the Client, cancel this Offer in cases stipulated in clause 6 of this Offer.
8. RIGHTS AND LIABILITIES OF THE CLIENT
8.1. The Client shall:
- pay for the services provided by the Company and mentioned in this Offer in time and in full;
- give all the information necessary for travel arrangements to the Company;
- be at the stated meeting point at the stated time;
- observe the law and the rules of conduct adopted in the host country, respect the customs and the religious faiths of local people;
- respect the environment and natural, historical and cultural monuments in the host country;
- respect the entry, stay and exit regulations of the host country;
- respect the rules of personal security while travelling;
- in case of causing damages to the host side (the tour operator or its agents), compensate any loss in full on the spot.
8.2. The Client may:
- agree the terms of providing the tourist services with the Company entirely before the acceptance of this Offer;
- request information on stay regulations of the host country, the customs, the religious faiths and rites of local people, natural, historical and cultural monuments and other tourist attractions under protection, and the local environment;
- travel with free access to the tourist resources taking into consideration the legal restrictive measures taken in the host country;
- terminate this Offer in any time, having paid a penalty to the Company pursuant to item 6.1.2 of this Offer, but not more than the total cost of the agreed tourist services.
9. LIABILITY OF THE CONTRACTORS
9.1. In case of the non-performance or improper performance by the Company of the assumed obligations under this Offer, the Company shall compensate the loss of the Client entirely with the exception of cases when the Client is not a consumer under the Consumer Protection Law of the Russian Federation.
9.2. If a service stipulated in the tour is not provided, the Company undertakes to repay the cost of this service to the Client.
9.3. If a service is provided in an improper manner, the Company repays only a part of the cost of this service, which is agreed by the parties or by the court if such an agreement is not reached.
9.4. The Company does not bear liability for a violation of Russian exchange and tariff legislation by the Customer and does not compensate any loss of the Client in this connection.
9.5. If the Client does not give all the necessary information or gives inaccurate information pursuant to item 8.1 of this Offer, causing the non-performance of some services, the Offer is considered to be cancelled by the Client and the cancellation charges stipulated in item 6.1.2 of this Offer will apply.
9.6. In respect of any issue not regulated by this Offer the parties are guided by the acting legislation of the Russian Federation.
10.1. Pursuant to article 10 of the Federal Law “On the basics of tourist activity in the Russian Federation” the Client shall make any objection regarding the quality of the services in writing within 20 days of the termination of the contract. Objections are subject to consideration within 10 days after their receipt.
10.2. If the parties cannot resolve their disputes, they can refer them to the court in accordance with the current legislation of the Russian Federation.
11. MODIFICATIONS TO THE TOUR PROGRAMME
11.1. The Company does not bear the liability for changes in the Client’s arrival/departure dates due to changes in the air, ground and maritime transport system. In case of the impossibility to perform some services paid for by the Client due to changes in transport timetable, the Company has the right to substitute them with equal services and to change the means of transport, type of accommodation, itinerary or to cancel some excursions so that these modifications would not result in increasing of the services’ price. In this case the Client does not have right to refuse these changes without justifiable reasons.
11.2. If the tour programme is changed by the Client after the payment/deposit has been made, a new request is to be sent to the Company. The sum having been paid by the Client is in payment for a new tour after the deduction of expenses incurred by the Company.
12. INHERENT RISKS
12.1. There are certain inherent risks in adventure travel and travel to Russia and the former Soviet Union in general. These include, but are not limited to, risks of white water rafting, kayaking and rafting (for example dangers of rapidly moving water, rocks and other submerged objects, hypothermia, etc), horseback riding, (for example, unpredictable behaviour of the horses, being spooked, etc), hiking, walking safaris, downhill or cross country skiing, (for example, equipment failures, ice or other trail obstructions) and in all trips dangers of animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. The Client assumes all such risks with regard to these possibilities.
13.1. Any communication or material that a user transmits to the Website by electronic mail or otherwise, excluding personal or credit card information but including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything the Client transmits or post becomes the property of the Company or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication the Client sends to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
13.2. The Company does not guarantee that the Website or any Website content will be free from errors or omissions. There may be mistakes and errors in the Website content which the Company fails to notice, which will not be binding on the Company. We reserve the right to correct any errors in the Website content and to change any of the Website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order the Client has submitted or a contract a Client has entered into with the Company on the basis of it.
13.3. If a link to a third party website (eg a banner advertisement) is included on the Website, such third party websites are not the responsibility of the Company and are visited at one’s own risk. By providing these links, the Company is not endorsing, sponsoring or recommending such sites or the materials disseminated thereon or the services provided by them, and the Company is not liable for the materials, services or other situations related to or from any other site. The Company is not liable for direct or indirect consequences of the Client navigating to any other website from the Site.
13.4. The Client acknowledges that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to the Website content (and in the selection and arrangement thereof) is and remains the Company’s sole and absolute property. The Client is granted no right, licence or interest in or to the Website content or any intellectual property rights in it, and all other rights are reserved. In particular the Client is not permitted to make screenshots or otherwise copy or use the Website content. All images marked with the logo of the Company, and the rights to use them, are owned by the Company. Images with no mark, and the rights to use them, are owned by their respective owners – museums, Russian Railways JSC, national parks, Lori LLC, Konstantin Abrosimov, Vladislav Rumyantsev or other owners.