The present document is an official public offer (hereinafter called Offer) of «BaikalNature» LLC (filing number MВТ 009402 in the unique Federal register of tour operators), located at 119А Dekabrskikh Sobytiy Str., office 13, Irkutsk, Russia 664007 , tel. : +7 499 705 65 58, +7 800 555 73 54, hereinafter referred to as «EXECUTOR», on behalf of director Pavel Ageychenko, acting on the basis of the Charter, and it contains all the essential terms of rendering of tourist services by the EXECUTOR.
In accordance with existing civil legislation of the Russian Federation (item 2, article 437 and item 3, article 438 of the Russian Federation Civil code) subject to conditions set forth below and service payment a natural person who accepts this Offer becomes «CLIENT» (in accordance with Chapter IV, item 15 of the Rules of rendering of tourist services).
The fact that the CLIENT paid for the services rendered by the EXECUTOR means his/her complete and absolute acceptance of the terms of the present Offer.
According to articles 433 and 438 of the Russian Federation Civil code the acceptance of the Offer is equivalent to conclusion of the contract on the conditions stated in the present Offer.
In the present Offer:
А) website www.baikalnature.com is called hereinafter «website»;
Б) form, which is to be completed on our web site with a view to select and pay for services of the EXECUTOR, is called «Application»;
В) the CLIENT and the EXECUTOR are also referred to as Contractors in the Offer.
1. Subject of the Offer
1.1. The subject of the present Offer is providing services to the CLIENT as listed in item 1.2. of the present contract, whose terms and prices are published on the website www.baikalnature.com.
1.2. The services comprise fixed itinerary tours organization, providing with accommodation, transfer and tour guide-interpreter services.
1.3. Performance time accords with the EXECUTOR.
1.4. Specialized terms and definitions mentioned in the contract are understood and interpreted by Contractors according to the Federal Law № 132 «On basics of tourist activity in the Russian Federation» or other applicable law.
1.5. The present Offer is an official document and is published on the website www.baikalnature.com
1.6. Constantly seeking to improve services to be rendered and to extend their list the EXECUTOR reserves the right to alter the conditions of the Offer publishing notice of the changes on the website www.baikalnature.com not less than 10 (ten) working days before the changes come into operation. At that, the EXECUTOR confirms that the changes of the Offer conditions do not annul the conditions of the previous Offer accepted by the CUSTOMER.
2. Financial security
2.1. The amount of «BaikalNature» LLC financial provision according to the tour operator liability insurance contract from June 16, 2015 № 64910010032101900312 (valid from 18.09.2015 to 17.09.2016 ) is 500,000 rubles. All the information about renewal of the tour operator liability insurance contract for every subsequent year is published on «BaikalNature» LLC website - www.baikalnature.com
2.2. The insurer: «BIN Insurance» LLC, location and postal address: 26, Stepan Razin Str., Irkutsk, Russia 664025, tel. +7 (3952) 33-21-20, 33-21-21.
3. Conditions and order of services providing
3.1. Having acquainted with the conditions of the present Offer and having accepted them, the CLIENT sends an automated application form (hereinafter called Application) for rendering of services to the EXECUTOR. The Application is to be filled in and sent automatically directly from the website of the EXECUTOR - www.baikalnature.com
3.2. The deposit payment done by the CLIENT guarantees reservation of the services only on a space available basis.
3.3. The CLIENT fills in the Application by himself/herself and bears the responsibility for veracity and accuracy of provided information. If the information provided by the CLIENT is corrupted, the EXECUTOR reserves the right to cancel the rendering of the services without any compensation.
3.4. The full or part payment done by the CLIENT means the acceptance of the present Offer.
3.5. After deposit or full payment of services is done by the CLIENT, he/she has got his/her own personal account on the website of the EXECUTOR, www.baikalnature.com, which contains all the information about the payment for the services that is done and controls the payment to be done. In the meantime the EXECUTOR sends the services booking confirmation, the invoice, the technical passport of the tour programme and the confidential information for access to the personal account (password) to the CLIENT’s e-mail address.
3.6. Services are rendered on the basis of time parameter, reported in the Application and paid by the CLIENT.
4. Terms of payment (the Offer payment)
4.1. The payment for the services provided by the EXECUTOR is to be done with bank card Visa, Master Card. The payment is effected by means of the protected connection on authorized server of the third party. The plastic card data are not given to the EXECUTOR
4.2. The payment is effected by bank card only for services as listed in item 1.2. of the present Offer. The payment of other services provided by the EXECUTOR is done by bank transfer.
4.3. The tours and tourist services whose total cost does not exceed 300 Euro are to be paid flat by credit card.
4.4. To consider each Application to be valid, a deposit of 30% of the services total cost is due.
4.5. The CLIENT has the right to pay for the services using one of listed below methods:
а) 100% single payment of services at the moment of completing the Application;
b) by two transfers: 30% of the tour cost at the moment of completing the Application and 70% - not less than 130 days before the departure for the Cruises and not less 60 days before the departure for the others tours;
4.6. If the CUSTOMER completes the Application less than 60 days before the beginning of services providing, 100% of the services cost is to be paid in lump sum.
4.7. If the CLIENT pays by plastic card, the authorized processing centre can refuse to accept the payment without explaining the reasons. In this case the CUSTOMER will have to use another plastic card or to do the bank transfer.
4.8. The EXECUTOR itself or outsourcing the third party informs the CLIENT about the receipt of money during one bank day from the date of the deposit receipt.
5. Cost of services
5.1. The tariffs for fixed itinerary tours are published on the website of the EXECUTOR - www.baikalnature.com. The cost of these services is calculated and varies according to the number of participants.
5.2. The final cost of the services is calculated taking into account the additional services chosen by the CUSTOMER and indicated in the individual Application of the CLIENT.
5.3. The cost of the standard tours (marked with code STD on the website of the EXECUTOR www.baikalnature.com) is fixed and rated for a definite number of participants, which is indicated in every tour programme.
5.4. The prices, which are given on the website of the EXECUTOR - www.baikalnature.com, are valid at the moment of completing the Application.
5.5. Tariffing is in Roubles on the Russian language website of the EXECUTOR - www.baikalnature.com, in Euro - on other languages website versions. The cost is indicated per person, all taxes included.
5.6. Pursuant to item 2, article 424 of the Russian Federation Civil code the EXECUTOR has the right to revise prices for services leveling them up or down through the following unforeseen circumstances:
- changes in exchange rates, which influence the price of the tour. The price can be altered in accordance with changes in the official euro exchange rate firmed by the Central Bank of Russia;
- changes in transportation costs due to changes in the cost of fuel;
- changes in costs of accommodation services;
- changes in national currency rate.
5.7. If the services price increases 10% or less, the CLIENT undertakes to pay the difference in any case. If the services price increases more than 10% more than 60 days before the start of services providing, the CLIENT has the right to cancel the services providing without fine sanctions or to pay the difference. If the services price increases more than 10% and the CLIENT cancels the services less than 30 days before the start of services providing, the CLIENT gets his/her money back in full after deduction of expenses incurred by the EXECUTOR.
5.8. The EXECUTOR undertakes to notify the CLIENT about introduction of new prices for services not later than three days after the unforeseen circumstances take place.
5.9. The list of services, which are included in the price, is given on the website www.baikalnature.com and is published in each tour programme on this website as well as in each technical passport.
5.10. The tour price never includes: air and railway fare, tip, personal expenses, alcohol, visa fees, vaccination, administrative registration expenses, if the contrary is not specified in the tour programme.
6. Administrative formalities
6.1. General information about the Russian Embassy requirements for the issue of visas for French citizens, sanitary regulations and other entry and stay administrative regulations of the Russian Federation is given on the website of the EXECUTOR -www.baikalnature.com. For more detailed information and in view of possible changes of entry regulations of the Russian Federation for French citizens the EXECUTOR urges on the importance of regular visiting the website of the Russian Embassy – www.france.mid.ru. The CLIENT undertakes to check all the necessary documents for the issue of a visa. The EXECUTOR does not bear the responsibility for non-issue of a visa for the CLIENT.
6.2. The information about entry regulations of the Russian Federation for citizens of other countries should be precised in the Russian Embassy or consulate located in the country whose citizen is the CLIENT.
7. Cancellation terms
7.1. Cancellation by the CLIENT:
7.1.1. . The CLIENThas the right to cancel the booked services before the start of the tour. In this case the CLIENT is obliged to informe the EXECUTOR about that avre the phone or e-mail. The date of cancellation would be considered the one when the EXECUTOR receives the notice from the client about his intentionto cancel the trip.
7.1.2. In the case of cancellation by the CLIENT, refund is made with substraction of all the expenses, born by the company, according to the chart below, wich shows the dependence of the expenses on the date of cancellation with respect to the date of the departure:
For the Cruises :
-in case of tour cancellation up to 130 days before the departure, the cancellation fees in amount of 30% is due
-in case of tour cancellation less than 130 days before the departure, the cancellation fees in amount of 100% is due
For the other tours :
-in case of tour cancellation up to 60 days before the departure, the cancellation fees in amount of 10% is due
-in case of tour cancellation from 59 to 30 days before the departure, the cancellation fees in amount of 50% is due
-in case of tour cancellation less than 30 days before the departure, the cancellation fees in amount of 100% is due
7.1.3. In case when some CLIENTS are registered in one Application and the services are paid by one bank card, cancellation charges are on the basis of the cost of cancelled services, whoever the bank card owner is.
7.1.4. The EXECUTOR pays the sum paid by the CLIENT back after deduction of expenses incurred by the EXECUTOR during 10 days after the receipt of the Cancellation form.
7.1.5. Non-appearance of the CLIENT to the stated place and at the stated time is considered as cancellation of the Application. In this case the EXECUTOR charges 100% of the total tour cost.
7.1.6. If the CLIENT does not pay the total tour cost less than 21 (twenty one) days before the beginning of services providing, the Application is considered to be cancelled. In this case the EXECUTOR charges a commission pursuant to item 7.1.2. of the present Offer.
7.1.7. The CLIENT may cancel the tour and the EXECUTOR reimburses the total cost of booked services indicated in the Application, an integral part of the present Offer, if:
- the total cost of the paid services is risen;
- the tour terms and programme are changed by the EXECUTOR if there are no extraordinary circumstances (force majeure).
The tour cancellation is confirmed by the presence of the Cancellation form that is completed, signed by the CUSTOMER and sent by fax to the office of the EXECUTOR.
7.1.8. In other cases of tour cancellation by the CLIENT or impossibility to make the tour for reasons beyond control, the EXECUTOR pays the sum paid by the CLIENT back pursuant to items 4.4. и 7.1.2. after deduction of factual costs of travel arrangement. In any case the EXECUTOR does not repay: ground servicing cancellation charges, insurance charge, the EXECUTOR charges for travel arrangement.
7.2. Cancellation by the EXECUTOR:
7.2.1. The Contractors are relieved of responsibility for complete or partial non-performance of assumed obligations under the present Offer, if this non-performance results in extraordinary circumstances which cannot be foreseen or prevented by the EXECUTOR, for example: earthquakes, downpour, avalanching or other natural disasters, and also executive orders or state bodies orders, wars, armed conflicts, also abolishing, changing or not keeping to flight or train (or other means of transport) timetable after execution of travel documents etc. In these cases the EXECUTOR undertakes to warn the CLIENT not later than three days after force majeure circumstances take place and to pay the sum paid by the CLIENT back after deduction of expenses incurred by the EXECUTOR during 10 days after the date of cancellation.
7.2.2. If the minimum number of participants required for standard tours (marked STD) is not reached, the EXECUTOR undertakes to let the CLIENT know about it not later than 21 (twenty one) days before the start of providing the services. The CLIENT has the right to take the booked tour for extra payment announced by the EXECUTOR by e-mail and done by the CLIENT not later than seven days before the start of providing the services. The EXECUTOR also can offer another tour for a similar price. If the CLIENT refuses to pay extra money, the contract is regarded as cancelled by the EXECUTOR. The EXECUTOR undertakes to repay 100% of the total cost during 10 days after the date of cancellation.
8. Rights and liabilities of EXECUTOR
8.1. EXECUTOR undertakes to:
8.1.1. provide the CLIENT with all the necessary exact information to make it possible to choose the tourist services;
8.1.2. provide transfer, meeting, accommodation, meal, excursion and other services in accordance with the Application;
8.1.3. provide other services as agreed by the Contractors.
8.1.4. The list of services provided by the EXECUTOR to the CLIENT is given in the Application agreed by the Contractors.
8.2. EXECUTOR has the right to:
8.2.1. refuse to render the tourist services to the CLIENT in case of violation of item 9.1.2. of the present Offer;
8.2.2. have the hotel changed into another one in high season in exceptional circumstances on the condition that a new one is of the same or higher class (without extra payment).
8.2.3. The EXECUTOR or the CLIENT has the right to abrogate the present Offer in cases stipulated in item 7 of the present Offer.
8.2.4. Pursuant to the Federal Law «On basics of tourist activity in the Russian Federation» in case of making some tour conditions worse than those stipulated in the present Offer, changing the terms of the Offer or some other circumstances, which cause complete or partial non-performance by the EXECUTOR of its obligations under the present Offer or increase of the price for the tourist services paid by the CLIENT, the EXECUTOR undertakes to let the CLIENT know about it immediately so that the CLIENT could adopt a decision to cancel the tour without fine sanction or to pay the price difference.
9. Rights and liabilities of CLIENT
9.1. CLIENT undertakes to:
9.1.2. pay for the services provided by the EXECUTOR and mentioned in the present Offer in time and in full;
9.1.3. give all the necessary for travel arrangement information to the EXECUTOR;
9.1.4. be at the stated meeting point and at the stated time;
9.1.5. observe the law and the rules of conduct, adopted in the host country, respect the customs and the religious faiths of local people;
9.1.6. respect the environment and natural, historical and cultural monuments in the host country;
9.1.7. respect entry, stay and exit regulations of the host country;
9.1.8. respect the rules of personal security during the travel;
9.1.9. in case of aggrieving the host side (the tour operator or its agents) compensate for loss in full on the spot.
9.2. CLIENT has the right to:
9.2.1. agree the terms of providing the tourist services with the EXECUTOR entirely before the acceptance of the present Offer;
9.2.2. be entirely informed about 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;
9.2.3. travel having free access to the tourist resources with respect to restrictive measures taken in the host country;
9.2.4. have personal security provided, the consumer’s rights respected, the property kept safe and get emergency treatment without encumbrance;
9.2.5. be compensated for loss or moral damage in case of non-fulfillment of the conditions of the contract about realization of tourist product by tour operator pursuant to the Federal Law of the Russian Federation.
9.2.6. get legal aid or other emergency aid assistance of government or local authorities of the host country;
9.2.7. have free access to means of communication;
9.2.8. abrogate the present Offer in any time, having paid a fine to the EXECUTOR pursuant to item 7.1.2. of the present Offer, but not more than the total cost of agreed tourist services.
10. Liability of the Contractors
10.1. In case of non-performance or improper performance by the EXECUTOR of assumed obligations under the present Offer, the EXECUTOR compensates for 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.
10.2. If some service stipulated in the Application is not provided, the EXECUTOR undertakes to repay the cost of this service to the CLIENT.
10.3. If some service is provided in an improper way, the EXECUTOR repays only a part of the cost of this service, which is agreed by the Contractors or by the Court if such an agreement is not reached.
10.5. The EXECUTOR does not bear the responsibility for violation of exchange and tariff legislation of the Russian Federation by the CUSTOMER and does not compensate for loss of the CLIENT coming from that.
10.7. If the CLIENT does not give all the necessary information or gives inaccurate information pursuant to item 3.3. of the present Offer causing non-performance of some services, the Offer is considered to be cancelled by the CLIENT and cancellation charges stipulated in item 7.1.2. of the present Offer will apply.
10.8. In case of conclusion of the present Offer by the CLIENT who is not a consumer under The Consumer Protection Law of the Russian Federation, the EXECUTOR bears the responsibility and compensates the real loss of the CLIENTonly if it is guilty.
10.9. In any case that can not be regulated by the present Offer the Contractors are guided by the acting legislation of the Russian Federation.
11.1. Pursuant to article 10 of the Federal Law «On basics of tourist activity in the Russian Federation» the CLIENT presents objection to quality of the services in written form during 20 days after the termination of the contract. The objections are subject to consideration during 10 days after the receipt of them.
11.2. If the Contractors cannot resolve their disputes, they can refer them to the Court in accordance with the acting legislation of the Russian Federation.
11.3. In case of non-performance or improper performance by the EXECUTOR of assumed obligations resulting in non-fulfillment of the conditions of the present Offer (non-performance of obligations to render accommodation or/and transfer services included in the package, and realization of unsafe tourist product or of poor quality) and in the presence of the adjudgement in force on compensation by the EXECUTOR for real loss or any document proving refusal of the EXECUTOR to compensate for real loss, the CLIENT has the right to address a request for payment within the sum of financial provision in written form directly to «Insurance Group MSK» OJSC, located: 4A, Finlyandsky Avenue, Saint Petersburg, Russia 194044, tel. (812) 313-93-12. A copy of passport or other identity document, the present Offer, any document that proves the real loss, a copy of the document proving refusal of the EXECUTOR to compensate for real loss on a voluntary basis, a copy of the adjudgement in force on compensation by the EXECUTOR for real loss are to be attached to the request in writing.
12. Modifications to the tour programme
12.1. The EXECUTOR does not bear the responsibility for changes of the CLIENT’s arrival/departure dates due to changes in air, ground and maritime transport system. In case of impossible performance of some services paid by the CLIENT due to changes in transport timetable, the EXECUTOR has the right to substitute them by equal services and to change 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 from these changes without justifiable reasons.
12.2. If the tour programme is changed by the CLIENT after the payment/ down payment is done, a new Application is to be filled in. The sum having been paid by the CLIENT is in payment for a new Application after deduction of expenses incurred by the EXECUTOR.
12.3. The modification of the tour programme form is given on the website of the EXECUTOR – www.baikalnature.com. The CLIENT undertakes to complete the modification of the tour programme form, sign with his/her own hand and send it by fax to the office of the EXECUTOR.
13. Cession terms
13.1. If the CLIENT cannot take a tour for reasons beyond control of the EXECUTOR after payment/ down payment for the services is done, the CLIENT has the right to cede somebody these services without fine sanctions. In this case the CLIENT is called the CEDENT and the person who accepts the conditions of the present Offer is called the CESSIONARY.
13.2. The sum having been paid by the CEDENT is transferred in payment by the CESSIONARY after deduction of expenses incurred by the EXECUTOR if there are any. The CESSIONARY undertakes to accept all the conditions of the present Offer and also the tour programme, type of accommodation and transport, and other services mentioned in the Application.
13.3. The cession of the services for the CESSIONARY is formalized by filling in the cession form and signing by the CEDENT and the CESSIONARY with their own hands. The CEDENT undertakes to send the cession form by fax to the office of the EXECUTOR.
14.1. If the CLIENT books two or more day tours whose itineraries are laid outside the city, the tour price includes accident, health and life insurance for the CUSTOMER and covers repatriation costs, that is provided by the partner of «BaikalNature» LLC – «BIN Insurance» LLC. In tour programmes this service provided by the EXECUTOR is indicated as Baikal Nature Insurance. Detailed description of this service is given on the website of the EXECUTOR - www.baikalnature.com.
15. Address and requisites of the EXECUTOR:
Legal / de facto address: 119А Dekabrskikh Sobytiy Str., office 13, Irkutsk, Russia 664007
Tel.: +7 499 705 65 58
Tel.: +7 800 555 73 54 — toll-free within Russia
VAT No/KPP code 3811110257 / 384901001
SWIFT: AVTBRUM1008 URALSIB BANK OAO, RUSSIA (IRKUTSK BRANCH)
Beneficiary: «OOO BAIKALNATURE»
NB: Some banks require IBAN number. It is an error. THIS NUMBER IS NOT NECESSARY FOR TRANSFERS IN RUSSIA. Instead, SWIFT code is to be used.
NB: The bank transfer costs are chargeable to the client; generally total amount is 1% of the sum with ceiling which varies from one bank to another.