City of Moscow
Date of publication: 1st November 2023.
Hereby sole proprietor Shchelkunova Yulia Konstantinovna (PSRNSP, or Primary State Registration Number of the Sole Proprietor, 312774622700521 series 77 No. 016052820, issued by the Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow "14" August 2012), expresses her intention to conclude with the person willing to accept the terms of this Public Offer Agreement on the provision of tour guiding services, on the terms of this Public Offer Agreement.
1. Terms
Agreement - a civil law agreement on the provision of tour guiding services, concluded between the Contractor and the Customer on the terms and conditions and in the manner specified in this Public Offer Agreement;
Customer - a legal entity (company) or individual who has concluded the Agreement;
Guided tour services - guided tour services provided by the Contractor to the Customer under the Agreement. The scope of guided tour services, tour-guide.moscow project rules are defined on the project website https://tour-guide.moscow and are defined for each specific tour or package on the relevant page;
Individual Tours – tours drawn and conducted at the request of the Customer at the time and date convenient for the Customer for a fixed number of participants;
Group Sign-up Tours – tours conducted on a scheduled date and time, as described on the relevant pages of the website https://tour-guide.moscow;
Contractor - individual entrepreneur Shchelkunova Julia Konstantinovna (PSRNSP No. 312774622700521), providing guided tour services;
Other terms in this Public Agreement Offer are used in the meaning provided by the legislation of the Russian Federation, unless otherwise expressly provided by this Public Offer Agreement.
2. General Provisions
2.1 This Public Offer Agreement is drawn in accordance with the Civil Code of the Russian Federation, and is addressed to Customers. This Public Offer Agreement an official offer of the Contractor to conclude an agreement on the provision of guided tour services on the terms and conditions specified below.
2.2 Payment for a guided tour or other related services by the Customer shall be considered full and unconditional acceptance of this Public Offer Agreement.
2.3 Acceptance of this Public Offer Agreement means that the acceptor agrees with all provisions of the Public Offer Agreement.
3. Subject of the Public Offer Agreement
3.1 In accordance with the terms of this Public Offer Agreement r the Contractor undertakes to provide guided tour services, and the Customer undertakes to accept and pay for such services rendered in accordance with the terms of the Public Offer Agreement, as well as in accordance with the terms and conditions set out on the website https://tour-guide.moscow/ in relation to each specific guided tour service (guided tour page).
4. Rights and Obligations of The Parties
4.1 The Customer shall:
4.1.1 Pay the price of services in the manner determined by this Public Offer Agreement.
4.1.2 Provide the Contractor with information about the number of the tour participants (name, contact number, age if required, company details, where applicable) by entering this information in the electronic form. By sending this information to the Contractor, the Customer confirms the existence of written consent of tour participants participants to the processing of their personal data and undertakes to provide copies of such consent within 1 working day from the date of receipt of the relevant request from the Contractor.
4.1.3 Familiarise (or ensure that the excursion participants are familiarised) with the project rules posted at the following address: https://tour-guide.moscow/legal/. The Customer understands and agrees that the Contractor has the right to refuse to conduct the guided tour (including interruption of the guided tour already in progress) in case of violation by the tour participants of the project rules or restrictions set by the Customer in relation to the relevant guided tour services, or the rules or restrictions set by venues to be visited or accessed during the tour (museums, theaters, hotel, restaurants, and the like).
4.2 The Contractor undertakes to provide guided tour services in accordance with this Public Offer Agreement.
4.3 The Contractor has the right to:
4.3.1 Set restrictions on the services provided (including the number of tour participants, age of tour participants, the period of payment (acceptance) and other restrictions. The restrictions set by the Contractor are indicated on the page describing the relevant guided tour service at https://tour-guide.moscow/ website.
4.3.2 Deny the provision of guided tour services to the Customer in case of non-fulfilment or untimely fulfilment of the Customer's obligation to provide information about the tour participants, in case of violation by the tour participants of the project rules or restrictions set by the Contractor and/or venues in relation to the relevant guided tour services, and in other cases specified in this agreement and/or established by the current legislation of the Russian Federation and/or venues (museums, theaters, restaurants, hotels etc.) to be visited or accessed during the tour.
4.3.3 Unilaterally change the schedule of group sign-up tours (reschedule the date of such tour) in case of circumstances preventing such tours, namely: extreme weather conditions (temperature above +28 or below -15 degrees Celsius, heavy rain, hurricane wind with gusts of more than 17 metres per second), public disorder, announcement of air, fire or other alarm at the venues to be visited during such tour, structural collapse of the venues included into the tour itinerary, blockage of streets and squares, as well as the inability to provide access to the venues included into the tour itinerary due to government, political or religious events.
The Contractor shall notify the Customer about the change of the sign-up tour schedule not later than the day preceding the day of the tour, except if such a circumstance occurred on the day of the tour; the Contractor shall notify the Customer about the circumstance preventing the tour, which occurred on the day of the tour, immediately upon such circumstances has become known to the Contractor.
5. Price of Guided Tour Services and Payment Procedure
5.1 The price of guided tour services is determined for each specific tour on the project website at the Internet address https://tour-guide.moscow/, depending on the selected tour options and number of participants. The Contractor has the right to provide discounts for all or specific tour services. Information about the discounts is indicated on the relevant tour page on the website of the project at the Internet address: https://tour-guide.moscow/.
5.2 Payment for tour services shall be effected by the Customer in any of the following ways:
- by peer-to-peer bank transfer from a personal bank card issued by a Russian bank to the Russian bank account specified by the Contactor upon confirmation of the tour details to the Customer,
- by a bank transfer from a Russian bank from a corporate bank account to the corporate bank account provided by the Contractor;
- in cash against a standard invoice prior to the commencement of the tour directly to the guide or a representative of the Contractor.
- or in any other way agreed with the Contractor, by advance payment in the amount of 100% of the cost of services, unless agreed otherwise.
5.3 Payment for guided tour services is made in Russian roubles, US Dollars, Euros or any other currency acceptable to both parties. The exchange rate is calculated based on the rate published on the website of the Central Bank of Russia as of the date of the tour offer agreed upon by the Parties.
5.4 Payment confirmation shall be either a hard copy or soft copy of the receipt of payment.
6. Liabilities of the Parties
6.1 For non-fulfilment or improper fulfilment of obligations under the Public Offer Agreement the Parties shall be held liable in accordance with the current legislation of the Russian Federation and this Public Offer Agreement.
7. Limitation of Liability of the Parties
7.1 The Contractor shall not be held responsible for the safety of the Customer's property (tour participants) during the provision of tour services. The Customer bears the risk related to the damage or loss of his property for any reason, including theft or an accident that occurred through no fault of the Contractor. The Contractor may, verbally or in writing, warn the Customer or the Customer’s representatives about the potential risks which may arise on the tour’s itinerary based on Contractor's experience.
7.2 The Contractor shall not be liable for the inability to provide services due to circumstances beyond the Contractor's control, including but not limited to: extreme weather conditions (hurricane wind, flooding rain, extreme freezing temperatures as defined by the State Meteorological Service of the Russian Federation), public disorder, military actions, announcement of air, fire or other alarm at the venues included in the tour activities, structural collapse of the venues included into the tour itinerary, blockage of streets and squares, as well as the inability to provide access to the venues included into the tour itinerary due to government, political, religious or privately held events.
8. Force Majeure Circumstances
8.1 The Parties shall be released from liability for full or partial non-fulfilment of obligations under this Public Offer Agreement if such non-fulfilment was caused by force majeure circumstances arising after conclusion of this Agreement, which neither of the Parties could foresee or prevent. Force majeure circumstances include, but are not limited to, earthquakes, fires, floods, structural collapse of buildings and structures, epidemic risk alert, public disturbances, announcement of air, fire or other alarms, military actions of any nature and acts of governmental authorities, including blocking of streets and/or venues included in the tour itinerary, acts of vandalism, preventing the fulfilment of this Public Offer Agreement.
8.2 In case one of the Parties is unable to fulfil its obligations due to force majeure circumstances, it shall, within 10 (ten) calendar days from the date of occurrence of such events, notify the other Party in writing of the nature of the events and the estimated period of their effect. If such force majeure circumstances occurred less than 10 days before the date of commencement of the tour or while the tour is in progress, the Contractor shall notify the Customer of the occurrence of such force majeure circumstances. Otherwise, such Party shall forfeit the right to further refer to the occurrence of force majeure circumstances.
8.3 In case of force majeure circumstances, the period of fulfilment of obligations under this Agreement may be postponed for the duration of such circumstances, and/or certain tour or tour option(s) or activities may be replaced by alternative tour or tour option or activity by mutual agreement of the parties.
9. Dispute Resolution and Applicable Law
9.1 The law of the Russian Federation shall apply to the relations of the Parties under the Agreement.
9.2 All disputes and disagreements arising during the execution of the Agreement shall be resolved through negotiations. Negotiations are held directly with the participation of representatives of the parties with the drawing up of a protocol or by means of sending written claims (responses to claims) by one party to the other party via mail, e-mail or messaging service from an authorised account. The party that has received the claim shall respond to it not later than 10 calendar days from the date of receipt.
9.3 If negotiations do not lead to the resolution of the dispute or disagreement within 10 days from the date of receipt by one of the parties of a written claim from the other party, then each of the parties has the right to refer such disputes or disagreements to the appropriate court at the location of the Contractor.
10. Details of the Contractor
Full name of the organisation: Sole Proprietor Shchelkunova Yulia Konstantinovna
Short name of the organisation: SP Shchelkunova Y.K.
Primary State Registration Number of the Sole Proprietor (PSRNSP): 312774622700521
ITN (Taxpayer ID): 771708278601
Official address: 22-I-38, Zvezdny Boulevard, 129075, Moscow, Russia
Registered types of activity in accordance with the All-Russian Classifier of Types of Economic Activity (OKVED):
• 79.90.22 Tour guide services, excursion services
• 79.11 Travel agency services
• 79.90.1 Provision of tourist information
• 74.30 Translation and interpretation services
• 79.90.2 Activities related to the provision of tourism services
• 79.90.3 Tourism related booking services
• 79.90.31 Ticket booking for cultural and entertainment events
• 82.19 Document processing, document photocopying and other specialised office support activities.
• 85.41.9 Extracurricular education services children and adults, other, not included in other categories
Bank details:
Full name of the bank: Public Joint Stock Company Sberbank of Russia
Current account: 40802810538000118950
Correspondent account: 30101810400000000225 in the Main Department of the Central Bank of the Russian Federation for the Central Federal District, Moscow (Main Department of the Bank of Russia for the Central Federal District)
BIC: 044525225
ITN: 7707083893
Sole Proprietor ______ ____________ Shchelkunova Yu.K.