Public offer agreement.
General provisions
1.1. This Agreement is a public Agreement (a public offer on the basis of paragraph 2 of Article 437 of the Civil Code of the Russian Federation) of the individual entrepreneur Denisenko AV (TIN 500800913620, OGRIP 316504700055670), located at the address: Moscow, Dmitrovskoye sh. 167с29, hereinafter referred to as the “Contractor”, represented by Andrey Vasilyevich Denisenko, acting on the basis of the Certificate, to any legal entity or individual who has expressed a willingness to use the services of the Contractor and has accepted the terms of this Agreement (offer), hereinafter referred to as the “Customer”, for the provision of services , the list of which is contained on the official website of the Contractor on the Internet www.aeronavt.ru .
1.2. The public offer expressed in this Agreement comes into force from the moment it is posted on the Internet www.aeronavt.ru and is valid until the offer is withdrawn by the Contractor.
1.3. Acceptance (unconditional acceptance) of the terms of this public offer (the moment of conclusion of the Agreement) in accordance with Article 438 of the Civil Code of the Russian Federation is considered the fact of payment by the Customer for the services provided by the Contractor in accordance with the terms of this Agreement, in the absence of an express written agreement of the Parties otherwise.
1.4. By accepting this public offer in the manner specified in clause 1.3. of this Agreement, the Customer agrees to all the terms of the Agreement as they are set out in the text of this Agreement and, in accordance with the Civil Code of the Russian Federation, is considered as a person who has entered into a contractual relationship with the Contractor on the basis of this Public Offer Agreement. Moreover, in accordance with paragraph 3 of Art. 434 and paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, this Agreement is recognized as concluded by the Parties in writing.
1.5. The Contractor recommends that the Customer carefully read the text of this offer. If the Customer does not agree with its terms and conditions or with any clause of its conditions, the Contractor invites the Customer to refuse to enter into an offer agreement and use the Contractor’s services.
1.6. By concluding this Agreement, the Customer understands the significance of his actions and is able to manage them, and is not under the influence of delusion, deception, violence, or threats. The Agreement was concluded by the Customer voluntarily, with prior full familiarization with the terms of this Public Offer Agreement, the contents of which are clear to the Customer. If the Customer did not have the appropriate authority at the time of accepting the public offer on behalf of a legal entity, then he, as an individual, assumes full responsibility for the execution of this public offer.
Terms and definitions.
For the purposes of this Agreement, the following terms and definitions are interpreted as follows:
2.1. Customer - in the context of this Agreement, the Customer is an individual or legal entity who accepted the offer, and is thus the Customer of the Contractor’s services under the concluded Offer Agreement. In the context of this Agreement, the Customer is the person who directly purchased the Flight Certificate from the Contractor and/or third parties in whose interests the Customer acts, persons accompanying him (accompanied by him), including minors, as well as another person (Customer’s representative) who received A certificate for a flight as a gift from the Customer, if the Customer is not directly involved in the Hot Air Balloon flight.
2.2. A hot air balloon (“Balloon”) is a manned aircraft without a motor, the lifting force of which is provided by the warm air contained in the shell.
2.3. The official website of the Contractor is www.aeronavt.ru
2.4. An excursion introductory flight in a hot air balloon (hereinafter referred to as “flight in a Balloon” or “flight”) is a free flight of a Balloon in the direction of movement of air masses without permanent fixation to a point on the surface of the earth.
2.5. Flight program is a set of conditions and rules for conducting a Balloon flight, which has the specifics of performing the service.
2.6. Additional services - a set of services provided by the Contractor in addition to the main services.
2.7. Flight Certificate (hereinafter referred to as the Certificate) is an electronic document or a paper document that confirms the Customer’s right to receive a range of services for a Balloon flight.
2.8. The validity period of the certificate is the period of time during which the Customer has the right to receive, and the Contractor is obliged to provide services to the Customer in accordance with the conditions specified in this Agreement. After the expiration of the Certificate, it is canceled and funds are not returned.
The validity of the Certificate may be extended until the expiration of the certificate in compliance with the provisions of clause 4.3.8. of this Agreement.
Calculation of the validity period of the Certificate begins from the date of conclusion of this Agreement.
2.9. Activation of the certificate - the fact of the Customer registering for a flight on a Balloon, by registering for the flight via electronic registration through the official website of the Contractor, or by registering by calling the official phone number of the Contractor 8-495-969-39-65.
2.10. Individual certificate number is a unique digital and alphabetic combination, consisting of several characters specified in the Certificate, allowing you to identify and properly verify the Certificate for its originality and absence of forgery, including its legality of acquisition and giving the Customer the right to purchase the services specified in this Agreement.
2.11. Electronic application - entering the necessary Customer data on the Contractor’s website for the purpose of purchasing the Contractor’s services.
Subject of the agreement.
3.1. Under this Agreement, the Contractor undertakes to provide the Customer with a full range of services for organizing an introductory, excursion flight on a Balloon, in accordance with the flight program paid for by the Customer.
3.2. The specific list of services provided to the Customer, their cost and volume are determined based on the Customer’s application.
3.3. Services specified in clause 3.2. of this Agreement are provided by the Contractor personally or with the involvement of third parties on terms similar to the conditions established in this Agreement.
Rights and obligations of the parties.
4.1. Responsibilities of the Contractor:
4.1.1. Post on the website www.aeronavt.ru information about the list of services provided (Programs and flight costs) about the conditions and terms of services.
4.1.2. Perform services for organizing a flight on a Balloon in the manner and within the time limits stipulated by this Agreement.
4.1.3. Provide the Customer with complete and reliable information about the rules and conditions for the effective and safe use of services.
4.1.4. Provide complete and reliable information to the Customer about the pre-agreed time and meeting place, flight area.
4.1.5. Organize a balloon flight in a pre-agreed flight area.
4.1.6. Provide insurance for flight participants in accordance with the Air Code of the Russian Federation.
4.2. The Contractor has the right:
4.2.1. Unilaterally determine the cost of all services provided on the website www.aeronavt.ru.
4.2.2. Refuse to fly persons who are intoxicated with alcohol and/or drugs, under the influence of any psychoactive substance, pregnant women, children under 6 years of age, persons suffering from diseases of the musculoskeletal system, as well as other diseases, including mental disorders or for other reasons that may threaten the safe conduct of the flight.
4.2.3. Unilaterally make decisions on takeoff and landing, as well as on termination of the flight.
4.2.4. Change the date and/or time of the flight at least 48 (forty-eight) hours before the start of the flight.
4.2.5. Unilaterally reduce the duration of the flight in the presence of conditions that threaten the safe conduct of the flight. In the event of a reduction in flight time at the initiative of the Contractor, or due to weather conditions and force majeure circumstances that threaten the further flight, the cost of services paid by the Customer will not be compensated.
4.2.6. The Contractor has the right to cancel/reschedule the flight directly on the day of the meeting with the Customer in the event that meteorological conditions do not comply with the requirements of the operation manual (hereinafter referred to as the Flight Manual) of the Balloon, or due to a ban on flights by authorized bodies. In these cases, the service is not considered provided.
4.2.7. In order to ensure the safety of the flight of the aircraft, the Contractor has the right to give orders to any person on board the aircraft and demand their execution.
4.2.8. The Contractor has the right to take all necessary measures, including coercive measures, against persons who, by their actions, create an immediate threat to the safety of the flight of the Balloon.
4.3. Responsibilities of the Customer:
4.3.1. Independently and in a timely manner familiarize yourself with the established flight programs, prices for services, the procedure and timing of their provision on the website www.aeronavt.ru.
4.3.2. Pay for the selected services of the Contractor in a timely manner in accordance with the prices established at the time of payment.
4.3.3. Apply for services on the website www.aeronavt.ru or by calling the official phone number of the Contractor.
4.3.4. The Customer is responsible for errors made during payment.
4.3.5. Provide reliable and correct information about personal and contact information, including an accurate email address, an accurate telephone number.
4.3.6. Familiarize yourself with the mandatory safety requirements and flight rules (Appendix 1 to this Agreement). If the flight is not carried out personally, transfer the necessary information to a third party who will fly on the Balloon.
4.3.7. Activate the Flight Certificate within the time limits and methods established by this Agreement.
4.3.8. Arrive at the appointed meeting point on time and without delay, on the appointed day of the flight. If the Customer fails to appear on the day of the flight at the appointed meeting point, or is late for more than 15 minutes, the Contract is considered terminated at the initiative of the Customer and payment made by him is not refunded.
4.3.9. Follow the instructions of pilots and/or representatives of the Contractor regarding behavior in places of preparation and execution of flights.
4.3.10. Observe generally accepted rules of behavior in public places in the area where the Balloon is located.
4.3.11. Observe fire safety rules in the area of balloon flights.
4.3.12. If your health worsens, immediately inform the balloon pilot.
4.4. The customer has the right:
4.4.1. Take advantage of a range of services for a Hot Air Balloon flight upon presentation of the original of a valid, properly activated Flight Certificate.
4.4.2. Notify the Contractor of the flight rescheduling no later than 48 (forty-eight) hours before the scheduled meeting time. If the Customer refuses the paid service and/or reschedules the flight date less than 48 (forty-eight) hours before the meeting time, the Contract is considered terminated at the initiative of the Customer and payment made by the Customer is not refunded.
Procedure and terms for providing services.
5.1. The total period of provision of services: the validity period of the Certificate is 12 (twelve) months. The Club may set a different validity period individually and indicate it in the Certificate.
5.2. Extension of the Flight Certificate after the expiration of the Certificate is possible for 2 (two) months without additional payment, or subject to additional payment (subject to the provisions of clause 4.3.8. of this Agreement), which is: 10,000 (ten thousand) rubles per extension for 6 (six) months.
The Certificate can be extended no more than once in addition to the validity period of the Certificate established at the time of sale.
5.3. At the end of the flight, the Contractor signs a tear-off coupon of the Certificate, which remains with the pilot and is a Certificate of provision of services in full.
5.4. Services are considered to have been properly performed by the Contractor if the Customer does not submit written claims regarding the services received from the Contractor within 7 (seven) working days from the date of receipt of the Certificate of Provision of Services.
5.5. If the flight is impossible within the time period established by this Agreement, and such impossibility is caused by the Contractor or weather conditions, the Agreement is extended for a period sufficient and reasonable for the flight.
5.6. If the flight is impossible due to unfavorable weather conditions, the service will be postponed to another date agreed upon by the Parties. Unfavorable weather conditions for safe flight on the Balloon are established in the Flight Operations Manual of the Balloon. The final decision to carry out a flight due to weather conditions is made by the balloon pilot.
Cost of services.
6.1. The total cost of services under the Agreement is determined in accordance with the volume of services paid by the Customer and is indicated in the invoice issued by the Contractor based on the Customer’s application.
6.2. The cost of services under the Agreement is determined by the Contractor unilaterally in Russian rubles and is published on the website www.aeronavt.ru.
6.3. The Contractor has the right to unilaterally change the prices for the services provided. The effective date of new prices and payment terms is the date of their posting on the website www.aeronavt.ru.
Procedure, terms of payment and delivery.
7.1. After reviewing the list of the Contractor’s services and the text of this Public Offer Agreement, the Customer selects the required flight program on the website www.aeronavt.ru, places an order on the website, indicating one of the methods for obtaining the Certificate. The Contractor transfers the Certificate to the Customer in the following way:
— By email, sending the Certificate in electronic format to the email address specified by the Customer when placing the order.
— By courier, within 48 hours from the date of placing the order, if The delivery address is within Moscow, the cost of delivery is included in the cost of the Certificate for a total order value of 10,000 (ten thousand) rubles.
— At the pick-up point by prior arrangement.
7.2. The full cost of the order is indicated on the official website of the Contractor and is valid at the time of purchase of services.
7.3. Payment for the Contractor's services by the Customer is made in cash by bank transfer using the Uniteller electronic payment system, as well as in cash and/or by bank transfer upon delivery of the Certificate by courier or in cash upon pickup of the Certificate in the amount established on the Contractor's website at the time of purchase.
7.4. Services under this Agreement are provided to the Customer on the basis of 100% prepayment of the cost of the selected flight program.
7.5. Payment for services confirms the Customer’s full and unconditional acceptance of the terms of this Agreement and determines the moment this Agreement comes into force.
7.6. The payment period under this Agreement may be changed by agreement of the Parties by concluding an Additional Agreement to this Agreement.
Responsibility of the parties.
8.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation and this Agreement.
8.2. The Contractor is not responsible for damage caused to the Customer as a result of failure to comply or improper compliance with the Safety Rules and the Rules of Flight Conduct (Appendix No. 1). In this regard, in the event of injury or injury of any severity received by the Customer, or persons in whose interests the Customer acts, as a result of personal negligence, negligence, inattention, or excessive arrogance, as well as as a result of an unforeseen accident or extraordinary combination of circumstances, independent of the security measures taken by the Contractor, as well as deliberate violation of the above restrictions and rules of being at the place of launch or landing of the Balloon and during the flight, the Customer undertakes not to make claims against the Contractor and not to file claims for damages and payment in civil proceedings compensation related to treatment, restoration of health in the subsequent period, as well as lifelong maintenance in case of loss of ability to work.
8.3. The contractor is not responsible for the safety of personal belongings of flight participants.
8.4. The amount of damages to be recovered from the Contractor is limited to the amount of work paid for by the Customer, non-performance or improper performance of which resulted in damages, except in cases where a different amount of liability is established by mandatory legal norms of the legislation of the Russian Federation, and also when obligations under this Agreement were not fulfilled, or were performed improperly due to the direct intent of the Performer.
Dispute resolution.
9.1. The parties establish a mandatory pre-trial procedure for resolving disputes and disagreements.
9.2. By the mandatory pre-trial procedure for resolving a dispute, the Parties understand the obligation of a Party that believes that its rights under the execution of this Agreement have been violated by the other Party to submit a written claim to the latter. The party to whom the claim is sent is obliged to send a response to it no later than 10 (ten) days from the date of receipt of the claim.
9.3. If the Parties fail to resolve all controversial issues in the manner established by clause 9.1. of this Agreement, the dispute shall be resolved in court in accordance with the legislation of the Russian Federation.
9.4. All issues not regulated by this Agreement are resolved in accordance with the current legislation of the Russian Federation.
Force majeure circumstances.
10.1. A party shall be released from liability for partial or complete failure to fulfill obligations under this Agreement if it proves that proper performance was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the present conditions that the Parties could not foresee and provide for during the execution of this Agreement.< /p>
10.2. The Contractor has the right to postpone the execution of this Agreement for the period during which force majeure circumstances will apply.
10.3. If force majeure occurs, each party must promptly notify the other party in writing. The notice must contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the party’s ability to fulfill its obligations under this agreement.
Other conditions.
11.1. By concluding the Agreement and entering personal data on the appropriate page of the website www.aeronavt.ru, the Customer agrees to the provision of his personal data for the purposes of processing by the Contractor. Processing of the personal data entered by the Customer when concluding the Agreement is carried out on the basis of subparagraphs 1 and 5 of paragraph 1 of Article 6 of Federal Law No. 125-FZ of July 27, 2016 “On Personal Data.”
11.2. The Contractor guarantees that he will not transfer the Customer’s personal data to third parties.
11.3. All annexes and additions are an integral part of this Agreement.
11.4. At the written request of the Customer, the Contractor may issue a printed version of the offer with signatures of the Parties, equal in legal force to this public offer agreement.
Procedure for concluding, amending and terminating the contract.
12.1. The moment of concluding this Agreement is considered the moment payment is credited to the Contractor's bank account for the services selected by the Customer on the Contractor's website.
12.2. By concluding this Agreement, the Customer understands the significance of his actions and is able to manage them, and is not under the influence of delusion, deception, violence, or threats. The Agreement was concluded by the Customer voluntarily, with prior full familiarization with the terms of this Public Offer Agreement, the contents of which are clear to the Customer. If the Customer did not have the appropriate authority at the time of accepting the public offer on behalf of a legal entity, then he, as an individual, assumes full responsibility for the execution of this public offer.
12.3. The Customer has the right to unilaterally refuse the Contractor's services at any time.
12.4. In the event of the Customer's unilateral refusal of the paid service earlier than 24 hours before the scheduled flight date, the payment made is returned to the Customer minus 20 (twenty)% of the total cost of this Agreement upon presentation of all necessary documents confirming the fact of payment made.
12.5. Refunds are made exclusively to the person who directly purchased the Flight Certificate only on the condition that the Certificate on the date of consideration of the application for a refund was not activated or used by the Customer. The Contractor shall return the funds within 10 (ten) working days from the date of receipt of the application to the bank account of the person specified in the application. If the application is received by the Customer after 18:00 on a working day or on a holiday/weekend, the moment of receipt of the application is considered to be the next working day.
12.6. In case of unilateral refusal of the Customer from the paid service and/or rescheduling of the flight date less than 24 (twenty-four) hours before the meeting time, as well as if the Customer fails to appear on the day of the flight at the designated start point, or is more than 20 minutes late, the contract is considered terminated by initiative of the Customer and payment made by the Customer is not refundable.
12.7. The Contractor has the right at any time, at its discretion, to change the terms of the public offer (this Agreement) or revoke it, as well as change or supplement it by publishing all changes on its website. If the Contractor changes the terms of this Agreement, the changes come into force from the moment the amended conditions are posted on the Internet at www.aeronavt.ru, unless a different period is specified by the Contractor when posting. If the published changes are unacceptable to the Customer, then he must notify the Contractor about this within 7 (seven) days from the date of publication of the changes. If no notification is received, then it is considered that the Customer continues to participate in the contractual relationship.
12.8. On all issues not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
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