PUBLIC OFFER AGREEMENT
for hotel accommodation with additional services
This document is an official offer of AB Development LLC (hereinafter referred to as the Executor) represented by Chief Executive Vladimir Viktorovich Ivchenko, acting on the basis of power of attorney №25AA 3626510 dated 02.28.2023, concludes this Public Offer Agreement with any individual or legal entity called (hereinafter referred to as Customer/Guest). The offer agreement is an agreement for the provision of services on a reimbursable basis and regulates the procedure for the provision of services and the obligations arising in connection with this between the Executor and the Customer/Guest (hereinafter referred to as the Parties).
This public offer for the provision of hotel services (hereinafter referred to as the Agreement) is considered concluded through acceptance of this Agreement. It includes payment for services or sending by the Customer/Guest an application for booking a room sent to the Executor 's e-mail address booking@tflhotel.ru for the provision of hotel accommodation services, or filling out a guest questionnaire. In other words, performing any actions aimed at fulfilling obligations under the Agreement.
This Agreement has legal force in accordance with Article 434 of the Civil Code of the Russian Federation and is equivalent to the Agreement signed by the Parties. The provisions of Article 438 of the Civil Code of the Russian Federation on the Treaty of Accession apply to this Agreement. Acceptance of an offer is tantamount to concluding an Agreement on the terms and conditions set out in the offer.
Acceptance, along with the full and unconditional acceptance of the offer by the Guest, is recognized as the performance by the person who received the offer of actions to fulfill the obligations of the Customer/Guest specified in it under section 4.2 of the Agreement. The parties have entered into this Agreement as follows:
1. TERMS, CONCEPTS AND GENERAL PROVISIONS
1.1. Terms and concepts
Reservation is a preliminary reservation for a specific guest of a room/place in a hotel, indicating the room category, arrival date and period of accommodation.
Agreement - this Offer Agreement concluded between the Customer and the Executor.
Hotel - a building, equipment and other property located in it, intended for the provision of accommodation and other hotel services.
Guest (accommodating) - an individual in whose name the Customer has submitted an application for the provision of hotel accommodation services or room reservations and who directly receives hotel accommodation services paid by the Customer.
(Hotel) room - a structurally separate room (several rooms), including a separate bathroom and having one entrance (exit) to common areas.
Hotel services - services related to accommodation (stay) in a hotel and other related services provided by the Executor to the Guest in accordance with the Rules for the provision of hotel services in the Russian Federation and other regulations, as well as the Rules for accommodation (stay, residence) of Guests at the TFL Hotel Vladivostok (Appendix №2 to this Agreement, hereinafter referred to as the Placement Rules).
Customer is an individual or legal entity who submits an application in the interests of other individuals for the provision of hotel accommodation services or room reservations and pays for the received hotel accommodation services.
Reservation application - a request for accommodation at the Hotel.
Executor - AB Developer LLC represented by Chief Executive Vladimir Viktorovich Ivchenko.
Place - a bed in a room, defined as a place for one guest (accommodating) to stay overnight. The number of beds in the room is determined according to the number of available beds for overnight stay.
The room stock is the totality of all rooms of a hotel or the entire hotel complex.
Offer - this document “Public Offer Agreement” for the provision of services.
The Executor's reception and accommodation service is a division of the Contractor that directly receives and places arriving guests in rooms.
Checkout time is 12:00 local time.
The Agreement may use terms not defined by the above concepts. In this case, the interpretation of such a term is made in accordance with the text of the Agreement.
1.2. General provisions
1.2.l. The Agreement is concluded in a special manner: by acceptance by the Customer of this Agreement in accordance with Article 438 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). In accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, acceptance of the essential conditions contained in this Agreement is equivalent to the conclusion of an agreement for the provision of hotel accommodation services, signed by the Parties.
1.2.2. A fact confirming the full and unconditional acceptance (acceptance) of the conditions of this public offer set out below is the Customer/Guest’s application for accommodation in a hotel in the form of Appendix №1 to the Agreement (hereinafter referred to as the application), sent to the Executor’s e-mail address booking@tflhotel.ru, to provision of hotel accommodation services and their subsequent payment.
1.2.3. This Agreement is considered concluded from the moment of its acceptance by the Customer/Guest and is valid until the Parties fulfill all their obligations under this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Executor, during the term of this Agreement, undertakes to provide the Customer/Guest, upon his request, with accommodation services at the TFL Hotel Vladivostok Hotel, as well as other additional services, in accordance with the Executor’s orders on the cost of accommodation at the TFL Hotel Vladivostok, cost orders additional services, and the Customer/Guest undertakes to accept and pay for the services provided within the time frame and in the manner provided for in this Agreement, the Rules for the accommodation (stay, residence) of guests at the TFL Hotel Vladivostok
2.2. Place of service provision: 690106, Vladivostok, st. Nerchinskaya 12
2.3. If the Guest is also the Customer, the obligations and rights of the Customer provided for in this Agreement apply to the Guest.
3. PRICE OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of accommodation at the Hotel and the provision of additional services is determined according to the Executor’s prices in effect on the date of provision of services.
3.2. The Customer/Guest pays for the services specified in clause 2.1 of the Agreement in accordance with the application by making an advance payment in the amount of 100% of the cost of services to the Executor 's bank account, in payment terminals of partner banks, by bank card, by depositing funds into the Executor's cash desk.
3.3. Payment for accommodation at the Hotel is charged in accordance with a single checkout time - 12 noon of the current day, local time.
In case of booking a guaranteed early check-in or extension of stay at the Hotel, the accommodation fee will be charged as follows:
— guaranteed early check-in (check-in from 08:00 to 14:00) subject to further stay of the guest, an additional payment of 50% of the room rate per day will be charged;
— guaranteed early check-in before 08:00, subject to further stay of the guest, an additional payment of 100% of the room rate per day will be charged. In this case, double the cost of accommodation for one night is paid.
— for late check-out from 12:00 to 18:00 an additional fee of 50% of the room rate per day will be charged;
— for late check-out after 18:00, an additional fee will be charged in the amount of the full room rate per day. In this case, double the cost of accommodation for one night is paid.
The checkout time is set at the time of handing over the keys to the Reception and Accommodation Service (reception).
3.4. In case of cancellation, change of the reservation application or no-show of the Guest/Guests, the rules specified in the Offer Agreement (Appendix №7) apply. Refunds to the Customer/Guest are made within 15 (fifteen) banking days. To return funds, the Customer/Guest sends a written application to the Executor, attaching a copy of the document confirming the fact of payment.
3.5 Fees for children are charged according to the hotel’s internal regulations:
— from 0 to 3 years old, a baby cot is provided free of charge (on request);
— from 4 to 6 years old without provision of an extra bed, children are accommodated free of charge;
— from 0 to 13 years old, accommodation of children in an extra bed is charged in the amount of 50% of the cost of the extra bed;
— children over 14 years old are accommodated on an extra bed at full price. The cost of an additional bed is 3000 rubles.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Executor undertakes:
4.1.1. During the validity of this Agreement, provide services to the Customer/Guest using our own resources, means or with the involvement of third parties.
4.1.2. Provide information on the cost of hotel accommodation and the provision of additional services in accordance with the Executor's prices in effect at the time of conclusion of the Agreement on the cost of accommodation at the TFL Hotel Vladivostok, the cost of additional services.
4.1.3. Transfer to the Customer/Guest all necessary completed documents related to payment for hotel accommodation and the provision of other additional services.
4.1.4. Eliminate deficiencies that arose during the provision of services under the Agreement within the time limits agreed upon by the Parties.
4.1.5. Provide accommodation services at the Hotel if rooms are available on the date of arrival of the Customer/Guest. When booking in advance, rooms are provided in accordance with the application received by the Executor from the Customer/Guest.
4.1.6. Provide additional services to the Customer/Guest on a paid basis in accordance with the Executor's Orders on the cost of additional services in force at the time of conclusion of the Agreement.
4.1.7. No later than 3 working days from the date of receipt of the application, confirm the possibility of providing the Customer/Guest with hotel accommodation services, indicating their cost. If it is impossible to make a reservation on the terms stated by the Customer/Guest, inform the Customer/Guest about this and, if possible, offer a reservation on alternative terms.
4.1.8. Provide round-the-clock registration of arrival/departure of arriving/departing Guests.
4.1.9 The Executor reserves the right to change the customer’s room number within the selected category or a category higher than the one booked.
4.2. The Customer/Guest undertakes:
4.2.1. Send an application to the Executor for the provision of hotel accommodation services.
4.2.2. Familiarize yourself with and comply with the accommodation rules, safety and fire safety rules, this Agreement, valid on the date of provision of services, the Regulations for compensation for material damage to the Executor's property and other internal regulatory documents related to the provision of the stated services.
4.2.3. Before paying for services, read the accommodation rules published on the Hotel website - https://tflhotel.ru/
4.2.4. Present your identity card upon check-in and provide other personal data required for hotel check-in when booking services or staying in a hotel, fill out the Guest Questionnaire (Appendix №3 to this Agreement).
4.2.5. Pay for the Executor's services within the terms and manner established by this Agreement.
4.2.6. Ensure the Executor's unhindered access to the place of provision of services.
4.2.7. Timely hand over the hotel room upon check-out, pay the cost of services provided on the check-out date, if necessary, pay for damage caused by incompleteness (missing property) or damage to property, make payment in accordance with the Regulations for compensation of material damage to the Hotel property.
4.2.8. Agree to the terms of this offer. In case of disagreement, services are not provided.
4.2.9. Accept the risk of adverse consequences when providing booked services in the event of inaccuracy or unreliability of the information that the Guest transmits to the Executor by phone or email.
4.2.10. Provide, at the Executor's request, all necessary materials and information to monitor the compliance of transferred funds with the quantity and cost of services provided in accordance with this Agreement.
4.2.11. Pay the Executor the amount of penalties specified in clause 4.4.3 in case of untimely cancellation of hotel room reservations and other services.
4.2.12. Take full responsibility for your children.
4.3. The Executor has the right:
4.3.1. Require the Customer to provide documents confirming the accuracy of the personal data provided when posting and filling out the Guest Questionnaire.
4.3.2. Withhold the cost of the Guest's accommodation for the first day if the cancellation of the reservation is declared by the Customer/Guest later than 48 hours before check-in, except for other cases provided for in Appendix №7 of this agreement.
4.3.3. Independently determine hotel rooms to accommodate the Customer/Guest in accordance with received reservation requests.
4.3.4. Refuse accommodation to the Customer/Guest:
— in case of violation of the Hotel Accommodation Rules and the terms of this agreement;
— in case of violation of the terms of payment for the declared services
— if person refuses to agree to the terms of the Offer Agreement and internal regulatory documents defining the placement procedure.
4.3.5. Require the Customer/Guest to adhere to all procedures for ordering and booking accommodation services at the Hotel strictly in accordance with the application posted on the website https://tflhotel.ru/ and in this agreement (Appendix №1 to the Agreement).
4.3.6. Withhold from the Customer/Guest or demand payment of the full cost of services provided or damage caused by the Customer/Guest in accordance with the Regulations for compensation of material damage to the Hotel property. At the same time, the Customer/Guest recognizes the Executor’s actions as completely lawful and has no claims.
4.3.7. If the Guest is absent from the hotel for more than 24 hours (or after 6 hours from the date of his check-out time), the Executor's Reception and Accommodation Service has the right to create a commission and evict the Guest, while making an inventory of the Guest's property in the room. After making an inventory, the Guest's property located in the room, including material assets in the form of cash, precious metals, valuable documents, is placed in the luggage storage room of the Hotel. This property is stored until required by the Guest, upon presentation of an identity card, for a period not exceeding 6 months from the date of eviction of the Guest. After the expiration of the 6-month period, the Executor has the right to dispose of the Guest’s property out of court.
4.3.8 If the guest forgot his things, the Executor has the right to dispose of them if the Guest did not manage to pick them up before the end of the established period:
• Perishable products and other categories of products are subject to disposal on the day of the Guest’s departure from the Hotel, regardless of their possible shelf life
• Alcoholic drinks – must be disposed of within 5 days after the Guest’s departure from the Hotel.
• Any personal belongings left behind must be disposed of 6 months after the Guest’s departure from the Hotel, regardless of their value
4.4. The Customer/Guest has the right:
4.4.1. Receive the declared and paid services in full on the agreed terms.
4.4.2. At any time, refuse accommodation services at the Hotel, while paying the cost of the services provided by the Executor in accordance with the terms of the accommodation rate.
4.4.3. Cancel your room reservation at any time. Moreover, in the case of pre-payment for a reserved room and late cancellation or no-show of the Guest, a refund is made upon a written application from the Customer/Guest, taking into account penalties, in accordance with the selected rate and cancellation rules.
4.4.4. Order adjustment. When making changes to the order (application) regarding the start or end of the provision of services, etc.), introducing other additional paid services, they are subject to recalculation according to the current price list; in case of untimely adjustment of the reduction of stay, a fine of one day is withheld for actual downtime numbers.
4.4.5. For a refund in case of cancellation of the order in accordance with the terms of this agreement.
4.4.6. Withdraw consent to the processing of personal data. At the same time, the Guest agrees that if the absence of this consent prevents the Executor from fulfilling its obligations under the Agreement, then the Executor has the right to terminate the Agreement unilaterally.
5. RESPONSIBILITY OF THE PARTIES
5.1. For violation of the terms of the Agreement, the Parties bear responsibility under the legislation of the Russian Federation.
5.2. The Executor shall not be liable in the event of non-performance or improper performance of services on its part or on the part of third parties arising from unreliability, insufficiency or untimeliness of supporting information and documents provided by the Customer/Guest, as well as arising from other violations of the terms of this Agreement by Customer/Guest.
5.3. The Executor is not responsible in the event of the Customer/Guest’s failure to show up at the Hotel on the first day of arrival and, as a result, possible failure to check into the Hotel on subsequent days of accommodation according to the Customer’s/Guest’s request.
5.4. The Executor is not responsible for the failure of the service provided to meet the expectations of the Customer/Guest and his subjective assessment.
5.5. The Executor is not responsible for the quality of the provided public services to the Customer, but is obliged to provide objective information about the planned work of city services and resource supply organizations, which may affect the quality of the provided public services.
5.6. The Contractor is not responsible for children staying with the Guest/Customer, or for children left unattended by parents or accompanying persons
5.7. The Customer represents the interests of all guests specified in the application, and is personally responsible to the Contractor for the correctness of the information about them provided in the application, for the fulfillment by guests of all obligations, including obligations to pay for services and pay a fine in case of refusal to provide accommodation services at the Hotel and prepayment (including no-show at the Hotel).
5.8. The parties will make every effort to reach agreement on controversial issues through negotiations. If it is impossible to reach an agreement, disputes regarding the execution of this Agreement are subject to consideration by the appropriate court at the location of the Executor in compliance with the claims procedure. The claim in writing must be sent to the Executor's postal address and to the email office@tflhotel.ru. The deadline for responding to a claim is 25 calendar days from the date of receipt.
5.9. For all other issues not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. All possible disputes arising from the provisions of this Agreement will be resolved in the courts of the Russian Federation in accordance with the current legislation of the Russian Federation.
5.10. The Customer/Guest shall compensate for damage caused to the Hotel property due to the Guest's fault. The guest is responsible for other violations in accordance with the Accommodation Rules.
6. CONSENT OF THE CUSTOMER/GUEST
AND PROCESSING OF PERSONAL DATA
6.1 The Customer/Guest hereby confirms the presence of the Guest’s consent/gives voluntary consent to the processing and other necessary actions with the Guest’s personal data for the purpose of providing the service of booking a room at the Hotel and providing hotel services. Consent is given by the Guest for an unlimited period of validity and can be revoked in accordance with the terms of the Offer.
6.2 The Executor undertakes not to disclose to third parties or distribute the Guest’s personal data without the latter’s consent, unless otherwise provided by federal law.
6.3 The Executor undertakes to process the Guest’s personal data solely for the purpose of providing hotel services to the Guest.
6.4 The Customer/Guest guarantees and confirms that he has read and agrees:
— with the terms of this Offer;
— with the conditions for the provision of hotel services at the TFL Hotel Vladivostok,
— with the Rules for Accommodation at the TFL Hotel Vladivostok,
— with the conditions for compensation for material damage to the property of the TFL Hotel Vladivostok,
— conditions of the accommodation rate according to the submitted Reservation Application.
7. FORCE MAJEURE
7.1. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if their fulfillment is prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure).
7.2. If force majeure circumstances arise that prevent the fulfillment of obligations under this Agreement by one of the Parties, it is obliged to notify the other Party no later than three (three) days from the occurrence of such circumstances, while the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which the force majeure circumstances occurred.
8. CHANGE AND TERMINATION OF THE AGREEMENT.
8.1 The Executor reserves the right to make changes to the terms of this Agreement at any time without prior notice to the Customer/Guest. Unless the time of entry into force of the changes is specifically specified, they come into force from the moment they are published on the Executor’s website. The Customer/Guest, knowing about the possibility of such changes, agrees that they will be made. If the Customer/Guest continues to use the Executor's services after such changes, this means his agreement with them.
8.2 This Agreement may be terminated by the Executor unilaterally if the Guest violates the Accommodation Rules.
8.3 The Customer/Guest has the right to cancel the Agreement at any time, taking into account the provisions of clause 4.4.2 and clause 4.4.3 of the Agreement.
9. TERM OF THE AGREEMENT
9.1. The Agreement comes into force from the moment (date) of the Customer/Guest’s acceptance of the Executor’s offer. In other words, from the moment the Customer/Guest carries out any actions aimed at fulfilling obligations under the Agreement, and are applied until the expiration of the time paid by the Customer/Guest for staying at the Hotel, and in partial payment - until the Customer/Guest fully fulfills the obligations.
10. ADDRESSES AND BANK DETAILS OF THE PARTIES
Executor:
Limited Liability Company "AB Development"
Chief Executive: Ivchenko Vladimir Viktorovich
Legal address/postal address: 690106 Vladivostok, st. Nerchinskaya 12, office 1
Actual address: 690106 Vladivostok, st. Nerchinskaya 12, office 1
ITN 2536276653
KPP 253601001
OGRN 1142536008185
OKPO 27028417
Current account 40702810700060000920
Correspondent account 30101810900000000705
BIC 040507705
PJSC "Far Eastern Bank"