Public offer agreement
PUBLIC OFFER AGREEMENT ON RENDERING OF SERVICES
LLC "Booking System", hereinafter referred to as the "Contractor", providing services for booking hotel rooms, as well as other related services provided on the site https://hotelios.uz in the person of the Director Ibragimov L. V. acting on the basis of the Charter, and any capable natural person who has reached 18 years and has the legal right to enter into contractual relations, placing an Order on the website https://hotelios.uz in its favor or in favor of third parties (Guests), which will accept the terms of this offer agreement, on the following terms, hereinafter referred to as the "Customer", on the other hand, called further "the Parties", have concluded the present Contract-offer on the following:
The contractor is the developer and owner of the system "HOTELIOS", which allows Customers to book through the Internet several types of services required for the movement of the Customer and its Guests within the Republic of Uzbekistan, on the principle of "one window".
The contractor is not a direct Supplier of hotel or other additional Services that can be booked through the "HOTELIOS" system, but is an Agent of direct service Providers acting on the basis of relevant contracts with direct Service providers and the provisions of the Civil code of the Republic of Uzbekistan.
The parties recognise the official provider's site address in the Internet https://hotelios.uz (hereinafter the "site"). All changes in the contract must be made in the order they are posted on the website of the Contractor.
Any person by activating the item "Pay" and forming on the website of the Contractor https://hotelios.uz receipt of payment, becomes the Customer and, carrying out partial or full payment for services on this receipt, makes the acceptance of this offer and agree to the terms and conditions and the conclusion of this agreement. This action is equal to and is considered an analogue of the customer's handwritten signature in the contract.
In this case, all the terms of the contract are clear to the Customer, and he agrees with them, all the necessary information on the contract and services brought to his attention in full.
The parties recognize the validity of this agreement, signed by an analogue of handwritten signature. Otherwise, all the terms of this agreement are valid in the same manner as when you make a contract on paper. To accept the contract, the Customer must place an order on the contractor's website or make a payment (in whole or in part) on the receipt in the manner and on the terms provided for in this Agreement and (or) specified in the receipt for payment.
1. TERMS AND DEFINITIONS
Supplier – legal entity, owner or representative of the accommodation object (hotel, hostel, guest house, sanatorium, resort, etc.), insurance company, Tashkent airport, taxi service.
Guest – an individual, a direct end user of the Supplier's Services specified by the Customer.
System "HOTELIOS" – own software owned by the Contractor, through which the Supplier/Contractor can post information about the Services, and the Customer can order these Services through the use of the system, located at the Internet address hotelios.uz. All rights to the system "HOTELIOS" belong to the Contractor.
Account – an account that contains a set of information about the Customer, which he sends to the system "HOTELIOS". The account is designed to identify the Customer in the system, search and book hotels for Guests of the Customer, as well as to collect statistics on the operations performed in the system.
Booking – pre-assignment to the Customer or a certain Guest places in hotels, placed in the system "HOTELIOS" on a certain date and certain conditions. It also includes a preliminary consolidation of the Customer Requests for additional services proposed in the system "HOTELIOS" Vendors like taxi services, CUDO GK of the Republic of Uzbekistan. for the development of tourism, insurance company, airport of Tashkent city and others. Booking of hotel services is divided into guaranteed and non-guaranteed.
a) Guaranteed reservation - a reservation paid by the Customer before the guest's arrival at the Hotel. In case of guaranteed booking, the Customer gives a financial guarantee in the form of prepayment that the Guest will come to the hotel on the specified day, and the Supplier in turn guarantees the Customer the availability of the room on the specified date according to the Application.
b) Booking on non-guaranteed basis - implies a guarantee of availability in the hotel only at the time of registration of the Application.
Application – an official notification of the Customer in electronic form about the intention to purchase the supplier's Services placed in the "HOTELIOS"system. Online application is equal to a written document that has legal force and entails the emergence of rights and obligations for both Parties to the Contract.
Personal Manager - an employee of the Contractor, professionally possessing all the skills necessary to independently provide the Customer with a full cycle of services (conclusion of the contract, search/booking/editing/cancellation of rooms for guest accommodation, resolving disputes, customer support) during all working hours (from 09.00 to 18.00 from Monday to Saturday, except for official weekends and holidays). This Service is paid, but is not obligatory and is provided at the request of the Customer.
2. SUBJECT OF CONTRACT
2.1. In accordance with the terms and conditions of this Agreement, the Contractor shall provide, and the Customer shall accept and pay for the Services listed in paragraph 2.2. of this Agreement, hereinafter "Services".
2.2. The contractor undertakes to provide the Customer with full and unlimited access to the use Of the "HOTELIOS" system for booking the following Services (hereinafter – the "Services»);
Search and booking of available rooms in accommodation facilities (hotels, hostels, guest houses, etc.) connected to the system "HOTELIOS»;
Insurance of Guests, not residents of the Republic of Uzbekistan;
Service of expediting customs procedures at the airport of Tashkent (Green corridor);
Service pass in Tashkent airport through CIP hall (CIP hall);
Service taxi service for meeting and seeing off the Guests from/to the airport of Tashkent;
2.3. If there are several alternative Suppliers in the "HOTELIOS" system, the final Supplier is chosen by the Customer at his own discretion.
2.4. Given that the Contractor is an agent of the Suppliers on the basis of individual Agency and other agreements, the Parties agreed that the portion of monetary settlements for transactions made by the Contractor with third parties on behalf of the Customer, rights and obligations arise from the Contractor, even though the Customer was named in the transaction or has entered with a third party in the relationship for the execution of the transaction.
2.5. Payment of the cost of the services booked by the Customer, provided directly by the Suppliers, is made to the account of the Contractor acting as an Agent of the Suppliers, followed by transfers of these funds by the Contractor to the Suppliers.
3. THE ORDER OF SERVICE
3.1. The services are provided directly by the relevant Suppliers to the customer's Guests on the basis of the customer's Application completed and submitted through the "HOTELIOS"system. The application form is contained in the "HOTELIOS" system in electronic form and is transmitted directly to the Supplier by e-mail.
3.2. The contractor registers the Customer in the system "HOTELIOS" by opening an account.
3.4. The order of booking
3.4.1. The customer submits an Application for booking the Services of the Suppliers on their own, using their account in the HOTELIOS system in the following order:
- reservation of rooms not later than 3 (three) hours prior to arrival;
- booking a taxi Service at least 6 (six) hours prior to arrival;
- reservation of other Services listed in clause 2.2. not later than 48 (forty eight) hours prior to arrival.
3.4.2. The customer has the opportunity to make Reservations for hotel rooms in the system "HOTELIOS" on a guaranteed and non-guaranteed basis.
Upon receipt of the Application on a guaranteed basis, the Supplier undertakes to settle the Guest in the booked room, regardless of the circumstances and according to the conditions specified in paragraph 3.4.3. When placing an application on a non-guaranteed basis, the Supplier provides a guarantee of availability only at the time of registration of the Application. The supplier reserves the right to cancel the reservation on a non-guaranteed basis, the Customer will receive an automatic notification. In this case, the Contractor and the Supplier shall not be liable to the Customer.
3.4.3. If at the time of arrival of Guests there are no available rooms and there is no possibility of settling any of the Guests in the previously booked on a guaranteed basis room of this category, the Customer shall notify the Contractor.
The contractor, at the expense of the Supplier, provides:
- accommodation In a suitable room of the same or higher category. When a Guest is accommodated in a hotel room of a higher category, payment will be made at the price previously specified in the Application;
- with the consent of the Guest accommodation in a room of a lower category. When settling a Guest in a room of a lower category to recalculate the cost and take into account the funds in the settlement with the Customer;
- providing the Guest and accompanying persons, transport to another place of accommodation;
- reimbursement and compensation to the Guest for all reasonable expenses (e.g. transportation and/or telephone calls) incurred by the Guest due to the inability to accommodate.
3.5. The order of insurance of tourists.
Insurance of tourists is carried out by insurance companies that have the right to carry out such activities on the basis of a valid license and concluded an Agency agreement with the Contractor, allowing him to act on their behalf. Insurance is based on submitted by the Customer through the system "HOTELIOS" information about the Visitor. The document confirming the insurance is an electronic form of identification card transmitted by the Contractor to the Customer by e-mail.
3.6. The order of editing and cancellation of Applications. Penalties.
3.6.1. Cancellation/ editing of previously issued Services is made by the Customer through the system "HOTELIOS" by independent, without the involvement of a personal Manager, making appropriate changes to the Application.
3.6.2. The customer has the right to edit/cancel the application according to the terms and conditions specified by the Supplier in the "HOTELIOS"system. Cancellation/editing of the Application in terms that exceed those listed, fines paid as per the terms and conditions of the hotel, specified in the "HOTELIOS". When cancelling/editing a hotel reservation on a non-guaranteed basis, the Customer fines are not paid.
3.6.3. In case of refusal of the Guest to check in to the previously booked by the Customer on a guaranteed basis and confirmed by the Contractor hotel room, the Customer is fully responsible and pays penalties for non-arrival of the Guest in accordance with the terms and conditions of the hotel specified in the system "HOTELIOS".
3.6.4. The customer has the right 48 (forty eight) hours prior to the provision of the Service "Green corridor" and "SIP hall", and 1 (one) hour prior to the date of guest insurance to make changes or cancel the Application without payment of fines. When voiding/editing Application for the provision of insurance Services for the Guest, a "Green corridor" and "vulture hall" in terms of exceeding these deadlines, penalties are paid in full the amount of Services ordered via a system of "HOTELIOS" by withholding the previously paid amounts.
3.6.5. In case of insufficiency of the amounts listed by the Customer to pay fines, the Contractor may:
- withhold the amount of the fine from the funds transferred by the Customer for other Applications;
- refuse to accept new customer Applications;
- suspend performance of obligations under the Agreement until full payment of fines;
- terminate the Contract unilaterally.
3.6.7. The funds remaining after all deductions/cancellations/editing, at the customer's option, are returned to the Customer's account within 5 (five) banking days from the date of receipt of the request from the Customer or are considered as an advance payment for future Applications.
4. THE AMOUNT OF THE CONTRACT, THE COST OF SERVICES AND SETTLEMENT PROCEDURE
4.1. The total cost of all services under this Agreement is determined by the amount of the cost of all actually ordered services, issued by the Contractor accounts for the period of this Agreement.
4.2. The cost of hotel and additional Services is indicated in the system "HOTELIOS" in the national currency sum directly by the Supplier or the Contractor, according to the Contract with the Supplier. The fact of the filing of the Application through the "HOTELIOS" the Customer agrees with the cost of Services of the Provider.
The customer pays for the Services in the following order, size and terms:
- When booking Services on a guaranteed basis: 100% payment for The services specified in the Application is made at the time of registration of the Application through the system "HOTELIOS";
- When booking hotel Services on a non-guaranteed basis: 100% payment of the cost of Services specified in the Application, no later than the first day of service.
Services Vendors like taxi services, CUDO GK of the Republic of Uzbekistan. according to the development of tourism, insurance company, Tashkent airport is not guaranteed on the basis of impossible. 100% payment for these services must be made by the Guest or the Customer 48 hours before the start of the services.
4.3. The guest of the Customer can make payment for accommodation directly at the Hotel, and the Customer is obliged to notify the hotel Service Provider and the Contractor by selecting the appropriate method of payment when making an Application in the HOTELIOS system. In this case, the reservation will be non-guaranteed, and the Contractor is responsible for the availability of hotel rooms only at the time of registration of the Application. In cases where the Guest requests to replace the booked room with a room of a higher tariff category, all costs associated with such a replacement shall be paid by the Guest himself / herself.
4.4. The cost of additional Services provided for booking in the HOTELIOS system and provided under this Agreement will be paid by the Customer separately directly to the Contractor in the manner and within the period established by this Agreement.
4.5. Payment under the Contract for services rendered to residents and non-residents of the Republic will be made by Bank transfer or other payment methods provided in UZS when fixing tariffs of the Principal in the system in the national currency. Payment for accommodation of non-residents of Uzbekistan can be made in SLE (freely convertible currency) in cases of payment by non-residents of Uzbekistan credit/debit cards in the office of the Contractor or hotel service Provider, as well as when paying the Contractor by Bank transfer under the export contract.
4.6. The obligation to pay for The services of the Contractor is considered to be fulfilled at the time of crediting to the Bank account of the Contractor funds in the amount calculated according to its tariffs and fixed in the system "HOTELIOS". The sender shall bear the costs of making payments related to the transfer of foreign currency, including the Commission of the correspondent Bank.
4.7. The fact of rendering of Services is made out by the act of the performed works. Invoice and certificate of completion are provided to the Customer no later than 5 (five) banking days from the date of completion of services. The day of completion of services is the day of departure of Guests. In case of self-payment of hotel Services by the Guest directly at the hotel, invoice and certificate of completion are not provided.
4.8. The customer within 5 (five) banking days is obliged to sign the Act or send a reasoned refusal. If the Act of the performed works is not signed by the Customer within the specified period and the motivated refusal is not provided, the Services are considered to be performed and accepted by the Customer. If the dispute is not resolved, the Parties shall create a group consisting of members of each of the Parties, which within five (5) banking days shall examine and verify the data on the work performed. Based on the results of the study and reconciliation of the data, the group prepares an opinion, the data of which are the basis for the calculations.
5. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Customer has the right:
- Receive information from the Contractor on the progress and results of the execution of the application or other duties of the Contractor;
- To demand from the Contractor of elimination of errors in the execution of the corresponding Application, or other obligations of the Contractor;
- To apply (register), change, cancel Request, through a system of "HOTELIOS";
- Terminate the Contract in cases stipulated by the Contract and the current legislation of the Republic of Uzbekistan;
- Require the return of funds remaining after the payment of the actual costs of the Contractor and deductions provided for in the Contract.
5.2. The customer must:
- Submit Applications in accordance with the application Procedure (clause 3.4.1) of this Agreement;
- Make changes and additions to the Application within the terms specified in the terms of service of the Suppliers placed in the "HOTELIOS"system. In case of violation of this period, the Contractor does not guarantee the provision of Services subject to changes and additions to the Application and is exempt from liability for failure/improper provision of Services;
- Provide the Contractor with reliable information and documents necessary for the Contractor to perform its duties under the Contract;
- Independently be responsible for the consequences that occurred as a result of providing the Contractor with false information and documents for the transfer of the login and password to persons not provided for in the Contract, failure to notify the Contractor of a security violation or abuse of the login and password;
- Immediately notify the Contractor of any (suspected) security breach or misuse of login and password;
- Pay for Services in the amount and terms stipulated by the Contract;
- Pay fines in the manner and within the terms stipulated by the Contract;
- Claims in connection with the provision/non-provision/improper provision of Services, special requests of Guests should be sent directly to the Supplier without intervention or participation/ involvement of the Contractor.
5.3. Customer may not:
- Resell trademarks, logos, other intellectual property of the Contractor that have become known/available under the Contract, as well as logins, passwords.
5.4. The contractor has the right:
- To fulfill its obligations under the Agreement to use the system "HOTELIOS";
- Use the name of the customer's company when advertising their Services;
- Terminate the Contract in the cases stipulated by the Contract and the current legislation of the Republic of Uzbekistan;
- In case of breach by the Customer of obligations under the Contract, including the terms of payment for Services, cancel all customer Applications in the system "HOTELIOS" and/or unilaterally terminate the Contract.
5.5. The executor is obliged:
- To fulfill the terms of this Agreement in good faith and at a high professional level;
- To inform the Customer about the impossibility of providing Services under the relevant Application within 1 (one) working day from the moment when the Contractor became aware of this;
- Register the Customer in the system "HOTELIOS" by opening an account and provide the opportunity to use the account in full accordance with the terms of the Contract.
5.6. The parties are obliged to notify each other about the change of Bank, postal and other details not later than 1 working day from the date of change of such. In the event of no notice or improper notice of any change, all notices under the Agreement, as well as other information under the Agreement sent to the last known details (except for payment documents) shall be deemed to be sent properly, and the Party – duly notified.
The parties may have other rights and obligations established by the current legislation of the Republic of Uzbekistan
6.1. Customer complaints about the quality of the Supplier's Services are sent and considered directly by the Supplier within 30 (thirty) calendar days from the date of completion of the services. The customer also has the right to send a copy of the complaint to the Contractor, at the same time, the Contractor undertakes to provide all practical assistance for a positive solution to the issue in favor of the Customer, including in terms of recovery of compensation or damage from the Supplier and its payment to the Customer.
6.2. Complaints are submitted by the Customer in writing to the Supplier with the application of the Guest, physical or written evidence of the validity of his claims and other relevant documents. Complaints submitted in violation of the requirements of the Contract will not be accepted.
6.3. The customer is obliged to immediately inform the Contractor and the Supplier of all claims to the quality of Services for their prompt consideration and elimination of defects, if any.
7. WARRANTY AND LIABILITY OF THE PARTIES
7.1. For violation of payment terms, the Customer shall pay a penalty to the Contractor in the amount of 0.5% of the total amount of the Application for each day of delay of payment, but not more than 50% of the outstanding part of the obligations.
7.2. The contractor is not responsible:
- claims of the Customer in connection with the provision/non-provision/improper provision of Services by Suppliers. In accordance with the Agency agreements between the Contractor and the Suppliers, all responsibility for the proper performance of obligations to provide Services lies with the Suppliers. Nevertheless, the Contractor undertakes to provide the Customer with all possible assistance within its competence in resolving any dispute in a positive way for the Customer;
- for the content posted by Vendors or Customer in the system "HOTELIOS";
- for temporary and/or partial disruption, interruptions, interruption or unavailability of the "HOTELIOS" system due to circumstances beyond the control of the Contractor (force majeure, according to paragraph 10.1 of this agreement, temporary lack of Internet connection, problems with the contractor's equipment on the provider's side);
- for damage caused to the Customer in connection with the provision/non-provision/improper provision of Services by Suppliers (including overbooking or partially canceled or incorrect reservations);
- for material and/or moral damage caused to the Customer due to circumstances beyond the competence of the Contractor;
- for unilateral actions of administration of the Suppliers connected with changes in Services, for the beginning of construction and repair work.
7.3. In cases not provided for by the Contract, for non-performance or improper performance of their obligations under the Contract, the Parties shall be liable, in accordance with the Law of the Republic of Uzbekistan "On the legal framework of economic entities" and other applicable legal acts of the legislation of the Republic of Uzbekistan.
7.4. Payment of the penalty does not release the Parties from the performance of their obligations under the Contract.
8. DISPUTE RESOLUTION
8.1. In terms of relations not regulated by the Agreement, the Parties will be guided by the norms of the legislation of the Republic of Uzbekistan.
8.2. The parties will seek to resolve disputes related to the performance of obligations under the Agreement through negotiations.
8.3. If consensus is not reached, the resolution of the dispute shall be submitted to the Tashkent city Economic court in the manner determined by the Economic procedure code of the Republic of Uzbekistan. All costs of the trial, including the costs of lawyers and lawyers, specialists, experts involved in the trial, will be borne by the losing Party.
9. FORCE MAJEURE
9.1. The parties shall be released from liability for partial or complete failure to perform obligations under the Agreement, if this failure was a consequence of force majeure arising after the conclusion of the agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures (force majeure). Such extraordinary events include: flood, fire, earthquake, explosion, storm, subsidence, epidemics and other natural phenomena, as well as war, military action and/or terrorist act, a strike in the industry or region, the adoption of a decision by a public authority or a local government body or the Commission of actions that led to the impossibility of execution of the Contract. Such actions include, for example, cancellation of early confirmed reservations of the Customer due to the arrival of state delegations, competitions and other events of national or city importance.
9.2. The party for which it is impossible to perform its obligations due to force majeure shall notify the other party in writing not later than ten (ten) days from the date of their occurrence of the circumstances, the intended period of validity and termination of the above circumstances.
9.3. The occurrence of force majeure causes an increase in the period of performance of the Contract for the period of their validity.
9.4. If the force majeure circumstances continue for more than one month, the Parties shall have the right to take (without mutual claims) a decision on termination of the Agreement or on suspension of its validity.
10. FINAL PROVISION
10.1. Additional agreements, amendments and annexes to this Agreement shall be made by the Parties only in writing and shall enter into force on the date of their signing.
10.2. Any notifications and any document flow between the Parties under the Agreement may be delivered in person or by registered mail, Fax or e-mail sent to the address of the respective party. The content of the Agreement is strictly confidential and shall not be disclosed to third parties.
10.3. The agreement comes into force from the date of its signing by both parties and is valid for 12 months. The agreement shall be automatically extended for the following one-year periods, unless one of the Parties notifies the other Party of the termination of the agreement In writing not later than 15 calendar days prior to the expiration of the Agreement.
10.4. The party wishing to terminate the Agreement shall send to the other party A notice of termination of the Agreement not later than 15 calendar days prior to the intended date of termination.
10.5. In all cases of termination,the Parties shall retain all their obligations under the Contract from the date of Declaration by one Party to the other Party of termination of the Contract until the date of termination of the Contract, with respect to Suppliers, as well as to all applications, requests and notifications received and continuing to be received within the specified period. If at the time of expiration of the Contract or termination of the Contract between the Parties there will be unfinished calculations or other outstanding obligations of the Parties under the Contract, the Contract will be valid until the proper execution of such outstanding obligations, or until another time established by the agreement of the Parties.
10.6. This Agreement is made in Russian in two copies having equal legal force, one copy for each of the parties.
11. LEGAL ADDRESSES, REQUISITES AND SIGNATURES OF THE PARTIES
LLC "Booking System»
Reg. № 010590-08 / License № T-0031-01
Address: Tashkent, Chuldaraht str, 66
Tel: + (99871) 200-25-00
OPERA JSCB "Orient Finans"
R/C 2020 8000 0004 3792 6001 UZS
2020 8840 5004 3792 6008 USD
MFO: 01071, SWIFT: ORFBUZ22