Agency agreement-offer of LLC "Travel Class"

Last changes: 08/29/2021

Moscow city

 


This document is an official offer of the Limited Liability Company "Travel Class" addressed to Russian legal entities and individual entrepreneurs registered in the manner prescribed by law and providing services for organizing children's recreation, education, tourism, health improvement in the territory of the Russian Federation (hereinafter referred to as the Partner) , conclude an agency agreement on the following conditions. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this document is a public offer.

 


This agency offer agreement (hereinafter referred to as the Agreement) is concluded in a special order: by the Principal's acceptance of this public offer containing all the essential terms of the Agreement, without signing by the parties. This Agreement is legally binding in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the parties.

 


This agreement is the Agreement of accession. The fact confirming the full and unconditional acceptance of the conditions set out below, and the acceptance of this public offer, is the Principal's clicking the Sign up / Register button located on the Partners registration page on https://www.travelclass.org/user/addpartner/.

 

This Agreement between the Agent and the Principal is considered concluded at the time of publication by the Principals of the program on the travelclass.org platform. The Agent and the Principal are hereinafter jointly referred to as the "Parties", and separately - the "Party".

 

  1. SUBJECT OF THE CONTRACT

 

1.1.

Under this Agreement, the Agent undertakes to perform legal and actual actions for the Remuneration, including:

1.1.1.

provide the Principal with access to the Travel Class reservation system, through the use of which the Principal acquires the opportunity to post Information about the Principal on the Site (or other Internet sites of the Agent and the Internet sites of affiliated persons and counterparties, including Internet sites of third parties) in order to promote the Principal's services;

1.1.2.

Process the Principal's bookings from the Users of the Travel Class platform;

1.1.3.

receive and process personal data of Users;

1.1.4.

carry out a set of technical and organizational measures to maintain the operability of Travelclass.org.

1.2.

The Agent also has the right to attract Users and other persons to the Site in order to promote the Principal's services through Internet marketing, sending newsletters and / or advertising in search engines, as well as in all other ways that do not contradict Russian legislation.

1.3.

In order to execute this Agreement, the Agent has the right to conclude sub-agency and other agreements with third parties, while remaining responsible for the actions of such persons to the Principal.

1.4.

Up-to-date information on the price and number of seats is indicated by the Principal in the Travel Class personal account. The Principal must provide all available places for the program for placement on the Agent's Website and set Stop Sale / Stop Sale at the end of places.

  1. PAYMENT PROCEDURE AND ACCOUNTING DOCUMENTS

2.1.

The Principal sets a confidential net tariff on the Platform (retail price minus the Agent's agent fee):

2.1.1

The Client pays the full Price of the Booking on the Website to the Agent. The Agent independently withholds the Remuneration due to him from the amounts received from the Client and sends the Partner a net tariff 7 days before the start of the Program.

To guarantee the confirmation of seats, the Principal may issue an invoice to the Agent for an advance payment of no more than 10% of the Program price.

2.2

For the execution of orders under this Agreement, the Agent is entitled to a Remuneration.

2.3

The Principal uploads to the Platform the cost of services without taking into account the Agent's Fee (the so-called Net Rate). The Agent's fee is the difference between the Booking Price and the Net Rate.

2.3.1

Net Rate that the Principal uploads to the Platform must be at least 10% lower than the Principal's retail price indicated on the Principal's website, price lists, information materials of the Principal or in the Principal's invoices for clients.

2.4.

The Agent has the right to conclude a Booking Agreement with the User on terms more favorable than those specified by the Principal; in this case, the additional benefit belongs to the Agent in full and is an integral part of the Agent's Remuneration.

  1. PROCEDURE FOR ENTRY INTO FORCE AND TERMINATION OF THE AGREEMENT

3.1

This Agreement shall enter into force upon receipt of the Principal's Acceptance by the Agent and shall be valid for 1 (one) calendar year. If none of the Parties no less than 30 (thirty) calendar days before the expiration of the Agreement does not declare its desire to terminate it, the Agreement is considered automatically prolonged for the next calendar year. In this case, the number of prolongations of the Agreement is not limited.

3.2.

If the Principal loses the right to manage the Program, he is obliged to immediately inform the Agent about it. In this case, this Agreement is considered terminated on the date the Agent receives such notification, and in the absence of notification - on the date when the Agent learned about the Principal's loss of the right to dispose of the Program. Reservations made up to this point must be processed by the Principal in accordance with this Agreement.

  1. RESPONSIBILITY OF THE PARTIES. NO ARRIVAL. OVERBOOKING. KICKOUT

4.1.

For non-fulfillment or improper fulfillment of obligations, the Parties under this Agreement shall be liable under the current legislation of the Russian Federation (hereinafter referred to as the RF), this Agreement and its annexes.

4.2.

The Principal is responsible for the correctness, relevance, completeness and compliance with the current legislation of the Russian Federation of Information transmitted for publication on the Site through the Platform or any other method of management, transmission and communication of information about the Program, including with respect to cost, availability for booking on the Site, penalties for change and / or cancellation of a Booking, no-show, etc. The Agent is not responsible for the Principal's errors arising from the introduction, modification, updating of Information on the Site, transmission and communication of information about the Principal, as well as for errors on the Sites of third parties.

4.3.

In the event of claims / claims in relation to the information specified by the Principal and / or the provision of services prior to or in the process of their implementation, the Agent resolves disputes and disagreements with the Client, while the Principal may be involved in resolving claims / claims at the request of the Agent and / or Principal or decision of the competent authority. The Principal shall reimburse all losses incurred by the Agent in connection with the improper provision of services and / or the information provided by the Principal, including the penalties imposed on the Agent in connection with this and the funds paid to the Client.

4.4.

The rule on the accrual of interest for the use of funds (legal interest), established by Art. 317.1. Civil Code of the Russian Federation, is not applicable to the relations of the Parties regulated by this Agreement.

4.5.

The Principal is obliged to notify the Agent of the Client's no-show no later than 2 (two) business days from the planned date of the Client's arrival.

4.6.

In case of no-show for the Program:

4.6.1.

The Agent shall reimburse the Client for the Booking Cost, minus deductions, specified by the Agent in the Booking Rules.

4.7.

The reward is due to the Agent, including in case of impossibility of admission to the program due to the action / inaction of the Principal, including situations when such impossibility became known in advance (overbooking), as well as in case of the Principal's refusal to accept the Program upon arrival (kickout).

4.8

The Principal refunds to the Client through the Agent the cost of the program in full, if the cancellation by the Client was due to medical reasons.

4.9

The Principal returns to the Client through the Agent the cost of the program in proportion to the unused days, if the program was interrupted for medical reasons.

  1. DISPUTE RESOLUTION

5.1.

The relations of the Parties under this Agreement are governed by the norms of the current legislation of the Russian Federation.

5.2.

The claim procedure for resolving disputes is mandatory. If it is impossible to resolve the dispute in a complaint procedure, the dispute shall be resolved in the Moscow Arbitration Court.

  1. INFORMATION

6.1.

The Principal guarantees to the Agent that he has the exclusive right to the Information, as well as the Principal's means of individualization (trademark / service mark, logo, etc.) and other results of intellectual activity (hereinafter - "Intellectual Property Objects") uploaded to the Platform or otherwise transferred by the Principal to the Agent, or owns them on any other legal basis with the right to provide such Intellectual Property Items to the Agent in accordance with this Agreement.

6.2.

The Principal grants the Agent the right to use the Intellectual Property Items in any way to fulfill the Agent's obligations under the Agreement. The Principal grants the Agent the specified right (license) for the entire term of the Agreement on a gratuitous basis under the terms of a non-exclusive license in all countries of the world, and also consents to the transfer of these rights by sublicense to the partners of the Agent and its affiliates.

Agent

Principal

LLC "Travel Class"

Moscow, 107113, st. Malenkovskaya 7-19

PSRN 1187746737584

INN / KPP 9718109138/771801001

Account 40702810201500022658

Bank: POINT OF PJSC BANK OTKRITIE FC

BIK: 044525999

Corr. account: 30101810845250000999

www.travelclass.org

kirill@travelclass.org

Signature ___________ K. V. Khripunov

 

 

 

 

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