Public Offer Contract for Hotel Booking Service
Minsk 1 November 2010
1. General regulations
1.1. The present document, addressed to any person, is the official, public and irrevocable offer of “Ditrib” Ltd., hereinafter referred to as “Performer”, acting on the basis of the Charter, to conclude a contract for provision of hotel booking service, using Internet resource www.123belarus.com
1.2. In accordance with the Civil Code of the Republic of Belarus, acceptance of terms and conditions of the present public offer is equivalent to signing the contract for provision of hotel booking service.
1.3. Full and unconditional acceptance of the conditions of the present public offer consists in the fact that the other party, hereinafter referred to as “Client”, makes a payment for hotel booking service and Performer receives financial document confirming the fact of payment.
1.4. If you disagree with any point of the present public offer, Performer advises you to refrain from using their hotel booking service.
- 2. Significant conditions
2.1 Subject of the Public Offer
2.1.1. The subject of the present public offer is provision of service to Client, which consists in booking hotel suites in accordance with the terms and conditions of the public offer, prices listed at the web-site www.123belarus.com and personal wishes of Client represented in their Order form.
2.2. Rights and Obligations of the parties
2.2.1. Performer :
126.96.36.199. shall confirm during the next 3 working days via e-mail, indicated by Client, the receiving of the request for hotel booking and the possibility to provide Client with hotel booking service according to the wishes of Client (the cost of the service is also indicated).
188.8.131.52. shall inform Client in case the booking of the hotel is impossible to fulfill according to the wishes of Client and shall offer an alternative (booking another suite or another hotel).
184.108.40.206. shall confirm via e-mail, indicated by Client, receiving of payment within 24 hours after getting the document confirming Client’s payment for hotel booking service, and shall indicate the identifying reservation code as well as any other alterations of reservation status.
220.127.116.11. shall provide Client with all the necessary documents and information about the service as well as with technological and consulting support regarding the procedure and the rules of the booking system via telephone, e-mail or other means of communication, represented by their technical support group working from 10.00 till 19.00.
18.104.22.168. shall notify Client on time of all the situations that require additional further negotiation.
22.214.171.124. shall refund the cost of the service in case of cancellation in accordance with paragraph 126.96.36.199.
188.8.131.52. shall make a request, after considering the conditions of the present public offer and the prices offered at the Performer’s web-site www.123belarus.com, and shall fill out the fields of the order form with full and accurate information about the user of hotel booking service and specific wishes regarding name of the hotel, category and quantity of booked suites and date of stay.
184.108.40.206. shall confirm the readiness to pay for the service rendered without delay within 24 hours after Performer’s confirmation of the request.
220.127.116.11. shall make a payment, within 3 days after confirmation of the request, but not later than 72 hours before arrival, in accordance with the received invoice, by bank transfer to Performer’s bank account or by payment in cash, and shall send documents confirming the payment to Performer.
18.104.22.168. shall be liable to a fine in accordance with paragraph 2.4.5. in case of cancellation and in case the payment was made later than 72 hours before arrival at the hotel.
2.2.3. Performer has right:
22.214.171.124. to refuse provide further service to Client in case Client does not comply with any point of the present public offer.
126.96.36.199. to change prices and conditions of the present public offer unilaterally without a prior consent of Client, ensuring the publication of the changed terms and conditions at the web-site www.123belarus.com not later than 1 day before their implementation.
2.2.4. Client has right:
188.8.131.52. to send cancellation of booking in writing to Performer not later than 72 hours before supposed arrival at the hotel. Cancellation made on a weekend or a holiday shall be considered at the first working day that follows.
2.3. Financial Relations between the parties
2.3.1. Service rendered by Performer is to be paid by Client in Euro, including all the dues and taxes under the legislation of the Republic of Belarus.
2.4. Responsibilities of the parties and settlement of disputes
2.4.1. The parties are liable for non-performing or improper performing of the obligations of the present public offer under the current legislation.
2.4.2. Performer is not liable for non-performing or improper performing of the service from their part or by the third party, if it was a result of inaccurate, insufficient information or untimely confirmation of necessary information, untimely sending of necessary documents by Client or other breach of terms and conditions of the present public offer by Client.
2.4.3. Performer is not liable for inconsistency between service rendered and personal expectations and subjective assessment of Client.
2.4.4. Performer is absolved from liability for full or partial breach of their obligations under the present public offer, in case the breach was the result of force majeure occurred after the conclusion of the present contract, in case of emergency that the parties could neither foresee nor prevent by reasonable measures (acts of God/ force majeure).
2.4.5. In case Client cancels booking violating term specified in paragraph 184.108.40.206. or does not arrive at the hotel for reasons not related to the fulfillment of Performer’s obligations, Client shall compensate by paying the cost of one night accommodation in the reserved hotel for each person.
2.4.6. In case Performer provided service of visa support along with hotel booking to Client, and Client cancelled booking, Client shall pay fine equal to the cost of one night accommodation in the reserved hotel, and it does not depend on term of cancellation.
2.4.7. In case Client cancels order of any service provided by Performer violating term specified in paragraph 220.127.116.11. or does not arrive at the hotel for reasons not related to the fulfillment of Performer’s obligations, Client shall pay money to Performer in order to compensate for Performer’s costs in accordance with the present contract.
2.4.8. Disputes and disagreements that may arise during the execution of the present contract under the present terms and conditions are to be settled in the complaint procedure. Claims shall be submitted in writing to Performer and shall be applied with explanation of presented complaints and with other related documents within 20 days after the end of the present contract’s force. Client’s claim shall be considered within 15 days.
2.4.9. In case disputes and disagreements between the parties cannot be settled by negotiation, they shall be settled by court of law.
2.5. Other conditions
2.5.1. The present public offer and Order form are an integral part of the contract.
2.5.2. Other conditions not specified by the present public offer shall be considered by the parties in accordance with the current legislation of the Republic of Belarus.
2.5.3. The contract is considered to come into force after Performer receives documents proving the fact of Client’s payment for services rendered in accordance with hotel booking request. The contract continues till the parties fulfill their obligations.
“Ditrib” (Limited Liability Company)
220012, Minsk, Nezavisimosti avenue, 185, office 52n
«Belinvestbank» (Open Joint-stock Company)
Central Bank Office 539 Minsk, code 739
Director: Ganakov D.I.
Any person mentioned in payment document, on whose behalf the payment was made under the present contract (Payer). In case the payment is made for the third party (which follows from payment document or another official document), this person (third party) is considered to be Client.