AlpIndustria-Tour

Procedure for Agents



RULES OF
Alpindustria-Tour on sale of tourism products and other services
   

The Rules of the Company regulate the relations arising from the sale of tourism products and other services by the Company to the Agents from among the legal entities and individual entrepreneurs, as well as to tourists.

1. GENERAL PROVISIONS

1.1. LEGAL BASIS FOR THE RULES OF THE COMPANY

The Rules of the Company have been developed based on the Law of the Russian Federation on the basics of tourist activities in the Russian Federation, on protection of Consumers' Rights, and other International and Russian legislation and regulate the legal relationship of the Company with its agents.

1.2. TERMS AND DEFINITIONS

The terms and definitions as set out in the basic legislative and regulatory acts regulating the sphere of tourism, transportation, lodging establishment etc., are used in the Rules of the Company and other documentation.

1.3. PUBLIC OFFER

The obligations of the Company and the Agents arise from the standard agreements (contracts) that they sign, which, depending on the type of cooperation (sale of tours, holiday packages, tickets, etc.) will be proposed by the Company prior to their ratification. These agreements may contain specific and different, from the Rules for of the Company, terms of obligations to be fulfilled by the Parties. In this case, the Company and the Agent shall follow the procedures, established in the signed Agreement. The Rules of the Company in conjunction with the standard agreements proposed to be signed by the Company are the public offer of the Company and establish a general procedure for creation, change and cessation of obligations for each transaction requested by Agent and executed by the Company. The contents of the Rules of the Company and the standard agreements will be made available on the Internet at the following web address: alpindustria.ru under section “Agents”.

A copy of the Agreement signed by the Company and the Rules of the Company required by Agent may be sent by mail or by fax (or by any other means) to Agent, on his written request, who does not have the opportunity to familiarize themselves with the Rules of the Company and the relevant standard agreements. In pursuance of the Agreement concluded, each individual transaction regarding sales of tourist products or services will be considered to be executed properly, if it is made in accordance with the rules of the Article 434 of the Civil Code of the Russian Federation (Civil Code of Russia), that is, through exchange of documents by mail, telegraph, telex, telephone (fax), electronic or other means of communication that enables to authentically establish the fact that the document comes from a Party to the Contract.

2. PROCESSING OF TRANSACTIONS

2.1. BOOKING AND CONFIRMATION
Pursuant to the Agreement signed by the Company and the Agent, booking and confirmation of the ordered services shall be made by sending the applications to the Company by fax, the form and content of which shall depend on the type of services ordered. Applications shall be written using the standard forms of the Company or in exceptional cases, in the form agreed by the parties.
   
The Company shall, within 2 working days (if possible, immediately) confirm his request or send disaffirmance and/or make an alternative offer to the Agent. The confirmation shall be issued through "booking form" or marked as "confirmed" on the Application of the Agent, which shall be communicated to the Agent.

Denial of confirmation may be brought to the attention of the Agent verbally as well. The Company can make to the Agent an alternative offer, with which, the agent may express his consent through confirmation in writing. The alternative offer will be deemed accepted by the Agent, if a new request or rejection of the alternative proposal is not received in writing within 24 hours from the time of receipt of the alternative proposal, and in such case, the initial order shall be considered canceled.

Any changes to the original booking shall be considered by the Parties as cancellation of the original booking and submission of a new application.

To avoid possible disputes between the Company and the Agents as well as between agents and their customers, booking, modification and cancellation of confirmed bookings must be made in writing.

The Company guarantees to the Agent to keep the booking up to a date, which shall be fixed at the time of booking confirmation as the date of final settlement. The booking shall automatically be canceled, when the Agent fails to comply with his obligations on timely payment of services and the provision of documents required by the Company for the sale of tourism products.

If partial payment is made for group tours, the seats for the group shall be reserved in the name of agents for their customers up to the period as agreed in writing with the person responsible for the entire group.

3. PRICING POLICY AND SETTLEMENT PROCEDURE

3.1. Prices for services sold by the Company shall be set out in the price offers and, as a rule, shall remain unchanged. The Company may change their prices based on market conditions or changes in pricing policies of its partners.
   
Current operational information on making adjustments to the price offers will be posted on the Company's website, and if necessary, shall be brought to the notice of Agents in another accessible format, including at the time of booking.
Customized tours shall be paid at the negotiated prices.

3.2. When placing orders, the prices and terms of payment shall be specified upon confirmation of booking and shall be final. Modifications may occur due to changes in the conditions linked to the sale of confirmed service in cases, where such a change requires revision of prices.

4.  CHANGES AND CANCELLATIONS

The Company shall establish the following basic provisions as benchmark for amendment and termination of transactions:

4.1. Unilateral refusal to perform the obligations and unilateral change in its terms and conditions shall entail termination of the agreement between the parties with reimbursement to the Company, of the expenses actually incurred by it.
4.2. The Parties shall, having signed the relevant cooperation agreement, upon changing its conditions and termination, follow the rules, established by the Parties or the terms and conditions of additionally concluded Agreement.

In other cases, change and termination, especially if the procedure has not been agreed by the Parties, shall be allowed at the request of one of the parties on the basis of a court ruling only:

• If substantial breach of the terms and conditions of agreement by the other Party;
• In other cases, as stipulated by the law.
    In addition, these requirements may be made in the court only after obtaining refusal of the other Party to the proposal for amending or terminating the Agreement, and when no response is received within the period specified in the proposal (stipulated in the Agreement), and in its absence, within a 30-day period.

4.3. In the event of circumstances beyond the control of the Parties and involving an increase in the cost of tour paid by the Agent, change in its terms, namely,
• Deterioration of travel conditions specified in the contract and tourist package;
• Change in the period of trip completion;
• Unanticipated increase in tariff;
• Significant change in exchange rates (more than 5%);
• Tourist is unable to perform the journey owing to circumstances beyond his control (Self-sickness, refusal of a visa or other circumstances).

A Party shall inform the other party not later than 5 days after the occurrence of such circumstances. In this case, the parties shall, not later than 24 hours, have the right to make changes to the Agreement, and if this is not possible, the Agentshall be entitled to claim back the cost of the tour, less the expenses actually incurred by the Company (administration, courier charges, penalties by the Agents, consular, insurance fees etc.).

4.4. An Agent shall have the right to cancel the paid tour and other services subject to payment of work executed by the Company and reimbursement of its actual costs incurred due to the termination of the Contract (Booking cancellation). Cancellation (changing the date of departure by air or by other means of transport) of air, train tickets shall be made in accordance with Transporter's Regulations.

5. LIABILITY FOR BREACH OF OBLIGATIONS

5.1. A Party shall be considered not guilty, if it has taken all measures towards the proper performance of the obligation with the degree of care and diligence, what was required of it considering the nature of the obligations and conditions of the sale of services to tourists;

5.2. A Party that has failed to fulfill or improperly fulfilled the obligation cannot be held liable if it proves that the proper performance was not possible due to force majeure, i.e. under specific extraordinary and unavoidable circumstances. Such circumstances include, but are not limited to: whether declared or undeclared war or hostilities, acts of terrorism and counter-terrorism actions by the authorities, strikes in the industry or region, the adoption by public authorities or control of actions that resulted in the inability to execute the agreement on its terms, changes in immigration policy, epidemic, fires, natural disasters (avalanches, etc.), the adoption by the Companies in Russia and abroad of measures that restrict the use of their resources, committed prior to the announcement of such restrictions, and other similar circumstances which, if suitable agreement is not reached between the parties, will be recognized as such by the court.

Upon the occurrence of conditions, specified in this subparagraph, the concerned Party shall immediately inform the other Party in writing about them and their possible consequences; in so doing the term of the Parties to fulfill specific obligations shall be postponed correspondingly, during which, such circumstances prevail. In these cases, the concerned party must prove that the occurrence of the circumstances prevent it to properly fulfill its obligations.

5.3. The Company and the Agent shall reimburse each other the costs, incurred due to non-performance or improper performance of its obligations in full, except in cases, where such a liability shall not be applied or limited under applicable law and the Agreement.

5. FINANCIAL GUARANTEE

5.1. The Company shall notify the Agents of the conclusion of the insurance contract for civil liability for failure to perform or improper performance of the obligations under the contract for sale of tourism product. For more information visit the website of Rostourism >>>

6. CLAIMS AND DISPUTE RESOLUTION

6.1. Claims of the Agent on the quality of services sold by the Company shall be admitted within 20 days from the date of completion of tour in the presence of written complaints made by the customers.

6.2. All disputes that are not resolved using the complaint procedure between the Parties to the Agreement shall be settled in the court of Moscow. In all other cases, not provided for in the "Rules of the Company" and the Agreement concluded, the Parties shall abide by the laws of the Russian Federation in force.

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