PUBLIC OFFER
on the conclusion of a service agreement
1. General provisions
This Public Offer contains the conditions for concluding a Service Agreement (hereinafter referred to as the "Service Agreement" and/or the "Agreement"). This offer is recognized as an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person who made the offer to consider himself to have concluded an Agreement with the addressee who will accept the offer.
The performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude a Service Agreement on the terms, in the manner and to the extent set out in this Offer.
The following text of the Public Offer is an official public offer of the Contractor, addressed to the interested circle of persons to conclude a Contract for the provision of services in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The service agreement is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, which means unconditional, as well as full acceptance of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and definitions:
The Contract is the text of this Offer with Appendices that are an integral part of this Offer, accepted by the Customer by performing the definitive actions provided for in this Offer.
Conclusive actions are behavior that expresses agreement with the counterparty's proposal to conclude, amend or terminate the contract. Actions consist in full or partial fulfillment of the conditions proposed by the counterparty.
The Contractor's website on the Internet is a set of programs for electronic computers and other information contained in an information system, access to which is provided via the Internet by domain name and network address: https://sanaevmoscow.com
The Parties to the Agreement (the Parties) are the Contractor and the Customer.
Service is a service provided by the Contractor to the Customer in the manner and on the terms established by this Offer.
2. Subject of the Agreement
2.1. The Contractor undertakes to provide the Customer with services for the selection of a rental car suitable for the Customer's requirements for the organization of the Customer's event with its further provision at the time and place specified by the Customer, and the Customer undertakes to pay them in the amount, procedure and terms established by this Agreement.
2.2. The name, quantity, procedure and other conditions for the provision of Services are determined on the basis of the Contractor's information when making an application by the Customer, or are installed on the Contractor's website on the Internet https://sanaevmoscow.com
2.3 The Contractor provides Services under this Agreement personally or with the involvement of third parties, while the Contractor is responsible to the Customer for the actions of third parties as for his own.
2.4. The Agreement is concluded by accepting this Offer through the performance of definitive actions expressed in:
actions related to the registration of an account on the Contractor's Website on the Internet, if there is a need to register an account;
registration and sending by the Customer of the application to the Contractor for the provision of Services;
actions related to payment for Services by the Customer;
actions related to the provision of Services by the Contractor.
This list is non-exhaustive, and there may be other actions that clearly express the person's intention to accept the counterparty's offer.
3. Rights and obligations of the Parties
3.1 Rights and obligations of the Contractor:
3.1.1. The Contractor undertakes to provide Services in accordance with the provisions of this Agreement, within the time and scope specified in this Agreement and (or) in the manner specified on the Contractor's Website.
3.1.2. The Contractor advises the Customer on the availability of rental cars and determines the Customer's needs. Selects the cars that most closely match the parameters specified by the Customer and sends the selected options to the Customer.
3.1.3. The selected options are accompanied by comments from the Contractor and information that became known to him as a result of communication with the owner (driver) of the car;
3.1.4. The Contractor has the right to involve third parties in the selection of the car, remaining responsible to the Customer for their actions as for their own
3.1.5. The Contractor has the right, in case of any doubts, ambiguities and questions in the performance of its obligations under the Agreement, to request from the Customer any information necessary for their proper performance;
3.1.6. The Contractor undertakes, in case of absence from the car rental market, to offer the Customer to consider alternative options to achieve a result.
3.1.7. The Contractor undertakes to provide the Customer with access to the sections of the Site necessary to obtain information, in accordance with clause 2.1. of the Agreement.
3.1.8. The Contractor is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of this data and uses it exclusively for the high-quality provision of Services to the Customer.
3.1.9. The Contractor has the right to refuse the Customer, in case of failure to receive timely information from the Customer on the request for the search and provision of a car.
3.1.10. The Contractor reserves the right to change the terms (period) of the provision of Services and the terms of this Offer unilaterally without prior notice to the Customer by publishing these changes on the Contractor's Website on the Internet.
At the same time, the new / amended terms indicated on the Website apply only to newly concluded Contracts.
3.2 Rights and obligations of the Customer:
3.2.1. The Customer instructs the Contractor to select a car corresponding to the parameters suitable for the Customer
3.2.2. The selected options are considered by the Customer and in case of approval of one of the cars by the Customer, the Contractor books the car and provides the Customer with a confirmation of the reservation to the Customer, after payment for the Contractor's services in accordance with the terms of this Agreement.
3.2.3. If the Customer decides to book a recommended car, the Customer provides the necessary information about the event, place and time of car rental.
3.2.4. Promptly consider the options offered to him by the Contractor and notify the Contractor of his readiness or unwillingness to book the car offered by the Contractor
3.2.5. The Customer is obliged to provide reliable information about himself when receiving the relevant Services.
3.2.6. The Customer undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials that have become available to him in connection with the provision of Services, except for personal use directly by the Customer himself without providing any form of access to any third parties.
3.2.7. The Customer undertakes to accept the Services provided by the Contractor;
3.2.8. The Customer has the right to demand from the Contractor to return the funds for services not rendered, services rendered in violation of the terms of provision. In this case, the services under this Agreement are considered to be rendered at the time of agreement by both parties of the selected car according to the parameters provided by the Customer and receipt of payment by the Contractor from the Customer in accordance with the terms of this Agreement.
3.2.9. After approval, the car is provided to the Customer on the date, time and address specified by the Customer in the application with the further route of movement at the direction of the Customer.
3.2.10. The service for the provision of a car is considered to be rendered in full at the time of delivery of the car to the address specified by the Customer. If the Lessee refuses to provide services by the Lessor at any time of the validity of this Agreement, the service is considered rendered for the period of the paid period and the funds are not reimbursed to the Lessee.
3.2.11. If it is necessary to extend the time of use of the car, the Customer is obliged to agree on the extension time with the Contractor, paying the cost of the extension in accordance with the Contractor's rates.
3.2.12. Smoking in the car is strictly prohibited, including smoking electronic cigarettes, if the Customer violates this condition, he undertakes to pay for car washing and/or dry cleaning in accordance with clause 3.2.13 of this Agreement
3.2.13. The Customer undertakes to bear additional costs, including payment for parking for the entire waiting time by the Customer's car, travel on a toll road, as well as pay fines for traffic violations if, at the request of the Customer, the driver of the car is forced to violate the speed limit, stop in the wrong place, etc., pay the cost of washing and / or dry cleaning of the car interior in case of damage to the interior of the car in order to eliminate crumbs, sequins and/or other contamination of the interior of the car, which occurred due to the fault of the Customer, according to the rates established in the region where this service is provided.
3.2.14. The Customer guarantees that all the terms of the Agreement are clear to him; the Customer accepts the terms without reservations, as well as in full
4. Price and payment procedure
4.1. The cost of the Contractor's services provided by the Customer and the procedure for their payment are determined on the basis of the Contractor's information when making an application by the Customer or are installed on the Contractor's Website on the Internet: https://sanaevmoscow.com
4.2. All settlements under the Agreement are made in a non-cash manner, by transferring funds to the Contractor's current account.
5. Privacy and Security
5.1. When implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data" and Federal Law No. 149-FZ dated 27.07.2006 "On Information, Information Technologies and Information Protection".
5.2. The Parties undertake to maintain the confidentiality of the information received during the execution of this Agreement and take all possible measures to protect the information received from disclosure.
5.3. Confidential information means any information transmitted by the Contractor and the Customer during the implementation of the Agreement and subject to protection, the exceptions are listed below.
5.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided to the Contractor, both on paper and electronic media.
6. Force majeure
6.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment proved impossible due to force majeure, that is, extraordinary and unavoidable circumstances under these conditions, which are understood as:prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
6.2. In the event of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
6.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
6.4. If force majeure circumstances continue to be in effect for more than 60 (Sixty) business days, each Party has the right to unilaterally withdraw from this Agreement.
7. Responsibility of the Parties
7.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties are responsible in accordance with the terms of this Offer.
7.2. The Contractor is not responsible for non-fulfillment and/or improper fulfillment of obligations under the Agreement, if such non-fulfillment and/ or improper fulfillment occurred due to the fault of the Customer.
7.3. A Party that has not fulfilled or has not properly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
8. The validity period of this Offer
8.1. The Offer comes into force from the moment it is posted on the Contractor's Website and is valid until it is withdrawn by the Contractor.
8.2. The services under this Agreement are considered to be rendered at the time of agreement by both parties of the selected car according to the parameters provided by the Customer and receipt of payment by the Contractor from the Customer in accordance with the terms of this Agreement
8.3. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about the modification or withdrawal of the Offer is communicated to the Customer at the Contractor's choice by posting on the Contractor's website on the Internet, in the Customer's Personal Account, or by sending an appropriate notification to the e-mail or postal address specified by the Customer at the conclusion of the Contract or during its execution.
8.4. The Agreement comes into force from the moment of Acceptance of the terms of the Offer by the Customer and is valid until the Parties fully fulfill their obligations under the Agreement.
8.5. The changes made by the Contractor to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Customer in full.
9. Additional conditions
9.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
9.2. In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to settle the dispute amicably before the start of court proceedings.
The court proceedings are conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
9.3. The Parties have defined Russian as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.).
Russian Russian translation 9.4. All documents to be submitted in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in accordance with the established procedure.
9.5. Inaction by one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean a waiver of its rights in case one of the Parties commits similar or similar violations in the future.
9.6. If there are links to other websites and materials of third parties on the Contractor's Website on the Internet, such links are posted solely for informational purposes, and the Contractor has no control over the content of such sites or materials. The Contractor is not responsible for any loss or damage that may result from the use of such links.
10. Details of the Contractor
Individual entrepreneur Ilia Anatolyevich Sanaev
INN: 771576258405
OGRN/OGRNIP: 324774600405951
Contact phone: +7 495 095-10-88
Contact e-mail: info@sanaevmoscow.com