Public Offer Agreement for paid provision of excursion services

Public Offer Agreement for paid provision of excursion services

The Mir Castle Museum, represented by the Director Alex Loiko, acting in accordance with the Company Charter, enters into this Agreement with any legal or natural person, hereinafter referred to as "Customer".
This contract is an agreement to provide paid services, concluded by public offer, and regulates the procedure for providing excursion services and obligations arising in connection with this between "Contractor" and "Customer" hereinafter referred to as the "Parties".
The text of this Agreement is available on the website: www.mirzamak.by. The Parties have entered into this Agreement as follows:
Definitions.  As used in this Agreement, the following terms have the respective meanings set forth below:
Excursion - tourist trip of individuals for a period of less than 24 hours, visiting by individuals (including tourists) of tourism resources with educational purposes, and other objects of artistic, historical and other importance, under the direction of the guide, guide-interpreter, under the direction of another person with the right to conduct tours;
Contractor - a legal entity engaged in excursion service;
Customer - a legal or natural person who orders or uses the services.
Excursion services - activities of tourism stakeholders as well as other legal entities and natural persons, including individual entrepreneurs, on the preparation, organization and conduct of Excursions;

1.    THE SUBJECT OF THE AGREEMENT
1.1.    Under this contract the Contractor shall provide the Customer Services on excursion services in the Mir Castle Complex Museum, other additional services, according to the prices listed on www.mirzamak.by, and the Customer shall accept and pay for the services rendered in the order and under the conditions specified in this Agreement.
1.2.    Place of service rendering: The Mir Castle Complex Museum, 231444, Krasnoarmeyskaya street, 2, Mir, Korelichi Rayon, Grodno Oblast, Republic of Belarus

2.    THE PROCEDURE FOR CONCLUDING AGREEMENTS
2.1.    This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor undertakes to provide services to certain persons (Customers) who have applied for this Services.
2.2.    This Agreement is a public offer (offer) of the Contractor, addressed to an indefinite number of persons, to enter into this Agreement (paragraph 2. Article 407 of the Civil Code of the Republic of Belarus).
2.3.    The conclusion of present Agreement is made by joining the Customer to this Agreement, that is, by taking (acceptance) by the Customer of this Agreement in general without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
2.4.    The fact of acceptance (acceptance) by the Customer of this Agreement is the payment by the Customer for ordered services on the terms and conditions specified in this Agreement (Article 408, paragraph 3 of the Civil Code of the Republic of Belarus).
2.5.    The present Agreement considered concluded in writing in the case of compliance with the order of acceptance of the agreement (paragraph 2, paragraph 3 of Article 404, paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus).

3.    THE RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1.    The Contractor undertakes to:
3.1.1.    Provide customer services on their own, with the involvement of agents or third parties, during the term of this Agreement.
3.1.2.    Comply strictly with norms of labor protection and safety.
3.1.3.    Provide services efficiently and in accordance with providing of excursion services
3.1.4.    Provide information on the costs of providing excursion services in accordance with the prices listed on the website www.mirzamak.by.
3.1.5.    Promptly inform the Customer of any changes, additions related to the provision of services.
3.1.6.    Send to the Customer all necessary documents relating to the excursion.
3.2.    The Customer undertakes to:
3.2.1.    Prior to the payment service to read the terms of service and pay the declared services.
3.2.2.    Pay for the services of the Contractor in the amount, timing and manner prescribed by this Agreement and the current price.
3.2.3.    Ensure unhindered access to the site of service delivery to the Contractor.
3.2.4.    Agree to the terms of this Offer and internal regulatory documents of the Contractor.
3.3.    The Contractor has the right to:
3.3.1.    Demand from the Customer full agreement with the terms of this agreement and internal regulatory documents.
3.4. The Customer has the right to:
3.4.1. Get declared and paid services on agreed terms in full.
3.4.2. Refuse the services at any time, at the same time obliged to make all necessary payments to the Contractor.

4.    COST, ORDER AND TERMS OF PAYMENT FOR THE SERVICES

4.1.    Cost of services rendered under this Agreement shall be determined based on the amount, nature and duration of the Services, ordered by the Customer in accordance with the approved price list Contractor, acting directly in the time of placing the request for payment of the ordered services.
4.2.    The price of the services, which acts directly on the time of payment, is an essential part of this Agreement.
4.3.    Customers that are legal entities, make payment for services by wire transfer funds to the account of the Contractor in accordance with data and details specified in the invoicing.
4.4.    Customers who are natural persons, make payment for services with cash to the cashier of the Mir Castle Complex museum or by wire bank transfer funds to the account of the Contractor, with the following details:
4.5.    The Mir Castle Complex Museum, 231444, Krasnoarmeyskaya street, 2, Mir, Korelichi Rayon, Grodno Oblast, Republic of Belarus.
Payment account in "BelarusBank" - 3632905000027 
Bank code – 152101696
Taxpayer accounting number – 590201541
tel. (801596) 2 82 73, 2 82 76

5.    ORDER OF ACCEPTANCE OF SERVICES
5.1.    Providing the Services under this Agreement for customers that are legal entities, confirmed by the act of provided service, which is sent by the Contractor to the Customer within 3 business days after the service has been provided.
5.2.    The Customer must sign the Act of provided service within 5 calendar days from the date it is received and send back to the Contractor, in the absence of claims to providers of services rendered.
5.3.    If a customer has any claim on the provider of services, these claims must be declared in writing within seven calendar days of receipt of the Act of provided service. If this is not done, it will be considered as unconditional agreement of the Customer that the Services provided by the Contractor in a timely manner, in full and properly.
5.4.    To confirm the Service under this Agreement for Customers who are natural persons, the following conditions must be met: 1. there is a fact of final consumption by Customer provided services. 2. There is absence of written claims of the Customer against the services provided by the Contractor.

6.    PARTIES RESPONSIBILITIES
6.1.    If services were not rendered or were rendered partially under this Agreement, the defaulting Party shall be liable in accordance with the current legislation of the Republic of Belarus, with the specifications set forth herein.

7.     FORCE MAJOR CIRCUMSTANCES
7.1.    Parties shall be free from fulfilling their liabilities under this Agreement in the case the failure of fulfillment is the result of extraordinary events.
7.2.    If force majeure circumstances occur and impede fulfillment its obligations under this contract by one of the Parties, this Party shall notify the other Party not later than three days after the occurrence of such circumstances. The term of the obligations under this Agreement is transferred according to the time during which such circumstances.

8.    OPTION AMENDMENT AND TERMINATION AGREEMENT
8.1.    The present Agreement is concluded in the moment of remitting money to the Contractor's account as payment for ordered services for Customer. The present agreement valid for an indefinite period.
8.2.    The Customer has the right to terminate the contract with payment services actually rendered to him.
8.3.    The Contractor shall be entitled to unilaterally terminate this Agreement.
8.4.    The Contractor shall inform the public about changes and (or) additions to this Agreement (or its new version) by posting (publication) of relevant information on the Contractor's website at the following address: www.mirzamak.by.
8.5.    The Customer has the right to terminate this Agreement in case of disagreement with the amendments and/or supplements.
8.6.    If the Customer does not agree with the changes and/or additions, or does not accept the new edition of this Agreement, or refuse to comply with its terms, any written notice of the customer is also recognized as a Notice of termination of this Agreement.
8.7.    The Parties unconditionally agree that the silence (absence of written notice of termination of this Agreement or disagreement with certain terms of this Agreement, including the change in price list) recognized as agreement and accession of the Customer to the new edition of the Agreement (paragraph 3 of Article 159 of the Civil Code of the Republic of Belarus).

9.    PROCEDURE OF DISPUTE SETTLEMENT
9.1.    All kinds of disputes and disagreements, which can arise under this agreement or in connection herewith, shall be settled by negotiations between Parties.
9.2.    If the parties fail to settle all disputes in the manner prescribed by paragraph 9.1. of this Agreement, all disputes arising out of this Agreement (including those related to its conclusion, alteration, termination, performance, invalidity) shall be settled in court in accordance with the legislation of the Republic of Belarus.

10.     ADDITIONAL TERMS
10.1.    In other cases, which are not provided by this agreement, Parties shall be governed by the legislation of the Republic of Belarus.