Public offer agreement for hotel services
on the territory of the hotel "Crystal" (LLC "Hotel Crystal")
Limited Liability Company "HOTEL KRISTALL", represented by the General Director Oleg Vladimirovich Makarov, acting on the basis of the Charter, hereinafter referred to as the "Contractor", on the one hand and the "Consumer" have concluded an Agreement on the following:
1. DEFINITIONS AND TERMS
The following basic concepts are used in the Contract:
Offer — the Contractor’s public offer addressed to any individual (citizen) to conclude with him a contract for the provision of paid services (hereinafter — the "Agreement") on the existing conditions contained in the Agreement, including all its annexes.
Guest (Consumer) — a citizen who intends to order or purchase, or orders, purchases and/or uses hotel services solely for personal needs, not related to business activities, including a citizen for whom hotel services are purchased by the Customer.
Customer — a capable individual who has reached the age of 18 years, or an individual entrepreneur, or a legal entity that intends to order (purchase) or orders (purchases) hotel services from the Contractor in accordance with the Agreement on reimbursable provision of hotel services, or in accordance with the Agreement of the offer for the provision of hotel services or other agreement.
Contractor (Hotel) — a legal entity Limited Liability Company "Hotel Crystal" (OGRN: 1 234 000 001 124, INN / KPP 4 025 462 910/402 501 001) located at: 249 031, Kaluga Region, Obninsk, 18A, Kurchatov St., premises. Obninsk, 18A, Kurchatov St., room 2/3), located at: 249 031, Kaluga Oblast, ul. 2/3).
Hotel services — services related to accommodation, accommodation in the hotel "Crystal" and other related services provided by the Hotel to the Customer in accordance with the Russian Federation Government Decree of 18.07.2020 № 1853 "On Approval of the Rules of providing hotel services in the Russian Federation", other regulations, as well as the Rules of providing hotel services;
Guaranteed booking — a type of booking in which the hotel waits for the consumer until a certain hour, set by the executor, on the day of arrival, after which the reservation is canceled. the day of the scheduled arrival.
Unguaranteed booking — a type of booking in which the hotel waits for the consumer until the estimated hour of the day following the day of scheduled arrival.
Basic services — a set of services aimed at ensuring the temporary stay of the Guest on the territory of the Hotel and included in the price of the temporary stay.
Additional services — services that are not included in the cost of the temporary stay of the Guest on the territory of the Hotel and provided by the Contractor for an additional fee.
The relationship between the parties shall be deemed to have arisen from the moment of payment by the Guest or the Customer for the services provided by the Hotel.
2.1 This Agreement is an offer to conclude contracts for paid hotel services provided on the territory of the Hotel.
2.2 A material condition of this Agreement and recognition of it as an Offer is the posting of this Agreement on the official website of the Hotel www.krystalhotel.ru and at the reception desk of the Hotel.
2.3. of the Agreement, similar to this Contractor’s subject and side and placed in other media, including any other media other than specified in clause 2.2. of this Agreement, are not an offer for the conclusion of contracts for the provision of hotel services for a fee at the Hotel.
2.4 Acceptance of the offer under this Agreement the Contractor recognizes the payment of 100% of the invoice-agreement for hotel services, formed on the basis of this Agreement, in the manner and within the time specified in this Agreement.
2.5 The procedure and terms of booking are contained in the Rules of the Hotel, consent to the terms of which the Customer and/or Guest confirms by accepting this offer in the prescribed order of payment.
3. SUBJECT MATTER OF THE AGREEMENT
3.1 This Agreement is made in accordance with the Rules of Residence of the Crystal Hotel, the Civil Code of the Russian Federation, the Russian Government Decree № 1853 "On approval of the rules of hotel services in the Russian Federation" from 18.11.2020, as well as other regulations governing the activities of organizations in the provision of hotel services to individuals.
3.2 This Contract may be entered into:
3.2.1. with legal entities and individuals registered as individual entrepreneurs, with such legal relations being regulated by Chapter 39 of the Civil Code of the Russian Federation;
3.2.2. with individuals (capable citizens and stateless persons over 18 years of age), and such legal relations are governed by Russian Federation Law No. 2300−1 "On Protection of Consumer Rights" dated February 7, 1992.
3.3 Under the terms of this Contract, the Contractor undertakes to provide hotel services to the Customer and/or the Guest in accordance with the tariff selected by the Customer or the Guest with the included set of services (basic services), and the Customer and/or the Guest undertakes to accept and pay for them in the manner and within the time limits set forth in this Contract and the Rules of the Hotel.
3.4 The scope of hotel services is fixed and corresponds to the list of basic services contained in the Rules of the Hotel. Hotel services are divided into basic services and additional services. In this case, the basic services are included in the price of hotel services, and the additional services are provided at the request of the Customer and/or the Guest and are paid for separately. The Customer and/or the Guest determine the list of additional services on their own.
4. RULES OF SERVICE RENDERING
4.1 The procedure for the provision of services and the rules of arrival in the Hotel shall be established by the Contractor. The rules of the Hotel are posted at the reception desk, on the official website of the Hotel, as well as in each hotel room. By concluding the contract-offer, the "Customer" agrees with the rules of accommodation in the hotel of the "Contractor".
4.2 Check-in at the Hotel is carried out only when providing original identity documents. Check-in at the Hotel on the basis of providing copies of documents (photocopies, scans, etc.) is not allowed.
4.3 The Contractor shall accommodate the Customer and/or Guest only upon presentation of a passport or other document certifying the identity of the latter and meeting the requirements of the legislation of the Russian Federation in the field of migration registration of citizens of the Russian Federation, foreign nationals, stateless persons (including, but not limited to: passport of a citizen of the Russian Federation, which certifies the identity of a citizen of the Russian Federation in the Russian Federation; birth certificate — for a person who has not reached the age of 18 years; a certificate of birth — for a person who is not a citizen of the Russian Federation). A complete list of documents is contained in the regulations of the Russian Federation in the field of migration registration of citizens of the Russian Federation, citizens of foreign countries and stateless persons, as well as in the Rules of the Hotel.
For foreign nationals in addition to the above it is necessary to provide: a migration card with marks of crossing the border of the Russian Federation; visa (if a foreign national needs a visa to enter the territory of the Russian Federation); also a notice of migration registration or registration of temporary residence with a valid date at the time of check-in).
4.4 The Contractor shall settle minors under 14 years of age on the basis of the following documents (the totality of all the following documents): identification documents of the parents (adoptive parents, guardians) or close relatives accompanying the minors; documents certifying the authority of the accompanying person; birth certificates of minor citizens, notarized power of attorney.
4.5 The Contractor shall settle minors from the age of 14 to 18 years old on the basis of the following documents (all of the following documents): identification documents of the parents (adoptive parents, guardians) or close relatives accompanying the minors; documents certifying the authority of the accompanying person; passports of minors; and a notarized power of attorney.
4.6 The hotel uses daily payment for accommodation, payment for less than a day is not possible;
4.7 In case of late check-out or early check-in, the Customer and/or Guest is obligated to make an additional payment to the Contractor for the cost of temporary accommodation services in the following amounts:
— If the Customer and/or Guest check out during the period from 12 p.m. to 6 p.m. local time on the check out day, we will charge 50% extra fee per one night according to the room category without meals;
— If the Customer and/or Guest check out after the checkout time and after 6 p.m. local time on the checkout day, we charge an extra fee of 100% of one night’s accommodation according to the room category, with the possibility of breakfast;
— In case of the Customer’s and/or Guest’s arrival from 00:00 p.m. local time till 06:00 a.m. local time the payment of 100% of the cost of one night accommodation according to the room category with the possibility of breakfast will be charged additionally;
— In case of the Customer’s and/or Guest’s arrival from 06:00 local time on the date of arrival 50% of the cost of one night’s accommodation according to the room category without meals will be charged additionally on the condition of accommodation the following nights.
4.8 Cancellation of the reservation is made not less than one (1) day before arrival for individual tourists and four (4) days for groups. In the absence of timely cancellation, penalties are charged in the amount of the cost of the day of stay. Cancellation is valid if made by phone or email.
4.9 Refunds for paid reservations are made in accordance with the rules of cancellation.
5. COST AND PAYMENT PROCEDURE
5.1 Upon receipt by the Customer and/or Guest of the notification of confirmation of the reservation, formed on the basis of this Agreement, he shall pay for the booked services in the manner and within the time limits set forth in this section of the Agreement.
5.2 The Executor performs the actual check-in of the Guest only on condition of payment of 100% of the cost of the entire period of stay, in the room of the chosen category.
5.3 The Contractor shall have the right to change the cost of providing hotel services (including the change of rates for accommodation), the cost of additional services independently, without prior notice to the Customer and/or the Guest. In this case the cost shall be considered to be changed from the date of publication of information about the new prices on the official website of the Hotel.
5.4 In case of guaranteed and non-guaranteed booking, the cost of accommodation in the room of the chosen category, as well as the cost of additional services specified by the Customer and/or Guest in the application for booking shall become fixed for the Customer and/or Guest and shall not be subject to change from the date of receipt by the Executive of the application for booking containing all necessary data, according to the Rules of the Hotel, subject to further confirmation by the Executive of the reservation, as well as subject to subsequent 100% payment for reserved hotel services in accordance with according to the Rules of the Hotel, subject to further confirmation of the reservation by the Contractor, as well as subject to the subsequent 100% payment for the booked hotel services in the manner and within the time specified in this Agreement and/or the notification of confirmation of reservation.
5.5 In case of non-compliance with the conditions defined in. 5.6. of this Agreement, the reservation request shall not become the basis for fixing the cost of hotel services.
5.6 The fixed price for the accommodation in the room of the chosen category is valid for the entire period specified in the notification of the booking confirmation. Extensions of temporary accommodation in the Hotel are paid at the prices of accommodation valid at the time of payment for the extension.
5.7 The Parties have agreed that under the obligations of the Parties under the Agreement, neither of them has the right to receive from the other Party the interest stipulated in Art. 317.1 of the Civil Code of the Russian Federation on the amount of the debt. The interest stipulated by Art. 317.1 of the Civil Code of the Russian Federation shall not accrue.
5.8 The fee for accommodation in the Hotel is charged according to the current rates for accommodation in accordance with the introduced settlement hour, which is set at 12 o’clock of the current day according to the local time. Prices for hotel services are set in rubles of the Russian Federation.
5.9 The cost of accommodation services in the room is set per room per day based on the room category, type of food and indicated in the tariff for accommodation in the Hotel. The Hotel has a daily payment for accommodation (recalculation of the amount of accommodation according to the number of hours and guests within one hotel day is not made).
5.10 In case of cancellation of the guaranteed reservation (individual) less than 24 hours before the scheduled time of arrival (cancellation of the reservation application on the initiative of the Customer and/or the Guest), as well as in case of no-show of the Guest, the Executive shall refund the amount paid and reserves the right to withhold a penalty for actual downtime of the booked hotel rooms in the amount of 100% of the accommodation cost per one hotel day in each room of the chosen category.
5.11 In case of cancellation of the guaranteed reservation (group) less than 4 calendar days prior to the date of the planned arrival (cancellation of the reservation application on the initiative of the Customer and/or the Guest), as well as in case of no arrival of the Guests, the Executive shall refund the amount paid and reserves the right to withhold a penalty for actual downtime of the booked hotel rooms in the amount of 100% of the accommodation cost per one hotel night in each room of the selected category.
5.12 Refund of the paid monetary funds shall be made only on the basis of a written application of the Customer and/or the Guest who has paid for the hotel and/or additional services. The application shall contain an indication of the reasons and conditions of refund, the amount to be refunded, details for the refund, as well as, obligatorily, it shall be accompanied by the documents confirming the payment of monetary funds. The Contractor shall refund the money within a period not exceeding 15 business days upon receipt of the application for refund, and if there are reasons for the refund. Refunds for paid reservations are made in accordance with the rules on cancellation of reservations.
5.13 Changes to guaranteed reservations (both individual and group) regarding changes in the names of Guests are possible at least 24 hours prior to the date of scheduled arrival and subject to notification of the Contractor by telephone numbers and e-mail address.
5.14 Making changes to the guaranteed reservation (individual) in terms of changing the conditions of the temporary stay (room category, increasing/decreasing the length of stay, increasing/decreasing the number of rooms, etc.) is made by cancelling the previous reservation application and confirming a new reservation application. Such changes may be made at least 24 hours prior to the scheduled time of arrival and subject to the Contractor’s ability to make such changes.
5.15 Changes to the guaranteed reservation (group reservation) in terms of changing the conditions of the temporary stay (room category, increase/decrease the length of stay, increase/decrease the number of rooms, etc.) are made by cancelling the previous reservation application and confirming a new reservation application. Such changes may be made at least 4 calendar days prior to the scheduled arrival date and subject to the Provider’s ability to make such changes.
6. FINAL PROVISIONS
6.1 In everything else that is not specified in the text of this Agreement, the Parties shall be guided by the Rules of the Hotel, the current legislation of the Russian Federation, as well as other local acts of the Contractor.
6.2 By accepting the terms of this Contract, the Customers and/or the Guest confirms that he/she is fully acquainted with the Rules of the Hotel and undertakes to comply with them.
6.3 This Agreement (offer) has an unlimited number of persons interested in receiving hotel services.
6.4 The Contractor shall have the right to amend the text of this Agreement without the consent of the Customer and/or the Guest (offer), with all relations arising from this Agreement, until it is amended, the wording of this Agreement in force at the time of the occurrence of such relations shall apply.
6.5 The Party failing to perform its obligations under this Agreement due to force majeure circumstances shall at the first opportunity and within 10 days of the occurrence of the force majeure circumstances, notify the other Party in writing of the occurrence of these circumstances, otherwise this Party shall lose the right to refer to such circumstances as grounds for exemption from liability.
6.6 Documents transmitted and received using technical means of communication, including fax and electronic mail, allowing to establish reliably that they come from the Party under the Agreement, in accordance with paragraph 2 of Article 434 of the Civil Code of the Russian Federation, have legal force, are allowed as written evidence in accordance with Article 75 of the APC RF and are binding on the Parties, except for cases provided by the Agreement. The Party that sends a facsimile (scanned) copy of the document shall be obliged to send the original document to the other Party not later than 3 days from the date of sending the copy by the means of the Russian Post.
6.7 Citizens of the Russian Federation, citizens of foreign countries, persons without citizenship, are subjects of personal data within the meaning of the Federal law № 152-FZ "On personal data" dated July 27, 2006. In order to comply with current legislation and to provide hotel services in accordance with established standards, the Contractor requires personal data of the Customers and/or Guests, in connection with which the Customer and/or Guest, by accepting the terms of this Agreement (offer), entitles the Contractor without his special consent and without notifying the authorized body for the protection of the rights of subjects of personal data to the processing of the following personal data:
— surname, first name, patronymic;
— date and place of birth;
— address of registration and temporary residence;
— details of the identity document;
— contact telephone number and e-mail address.
6.8 By submitting his/her personal data, the Customer and/or Guest confirms their authenticity and validity.
6.9 The contract is considered to be complied with when the customer (consumer) takes actions to receive the services (including the customer (consumer) paying the appropriate amount to the performer).
6.10 The Contractor shall store personal data of Customers and/or Guests on paper and/or electronic media, ensuring their safety.
6.11. Processing of personal data includes the following operations (actions) of the Contractor: collection, systematization, accumulation, storage, updating, modification, use for registration purposes, depersonalization, blocking, destruction, distribution (transfer) at the request of lawyers, tax, law enforcement, judicial authorities.
LLC Hotel Crystal
OGRN: 1 234 000 001 124
INN:4 025 462 910
KPP:402 501 001
s/a:407 702 810 707 010 007 835
in JSCB FORA-BANK (JSC) Kaluga branch
c/a:301 101 810 000 000 000 770
249 031, Kaluga region, Obninsk, Kurchatov str,
д. 18A, premise. 2/3
Director General: O.V. Makarov.
Tel./fax: (48 439) 6−62−55