PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. This document is an official proposal of the Sport Planet Limited Liability Company , hereinafter referred to as the “ORGANIZER”, represented by the General Director Vitaly Valerievich Kvasov, operating on the basis of the Articles, to conclude an agreement with an individual who is the legal representative of his minor child, for the provision of services for the organization of a sports and recreation event (hereinafter the Camp) on the conditions indicated below and is published on the website www.planet-of-sport.com or www.planet-of-sport.ru. In accordance with paragraph 2 of Article 437 of the Citizen Law of the Russian Federation, this document is a public offer.
1.2. Terms and Definitions
1.2.1. In this document the following terms and definitions are used:
1.2.2. Public offer / Offer – the text of this document with all schedules, changes and additions to it, posted on the Organizer’s Website and available at: https://planet-of-sport.com
1.2.3. Agreement – an agreement on services for the organization of a sports and recreation event (hereinafter Camp) together with all Mandatory documents related to it, concluded between the ORGANIZER and the Customer (“Customer”) on the terms of this Offer.
1.2.4. The place, terms and cost of services are selected and indicated by the Customer when filling out the Application. They are fell in Schedule 1 of this Agreement when sending the application to the ORGANIZER.
1.2.5. Offer Acceptance – full and unconditional acceptance of the Offer by the Customer performing the actions specified in this Offer, that create an Agreement between the Customer and the Organizer.
1.2.6. Customer – a person who is able to make an Offer Acceptance or who has made an Offer Acceptance.
1.2.7. The Organizer’s Site / Site is an automated information system available on the Internet at the network address www.planet-of-sport.com or www.planet-of-sport.ru
1.2.8. Order – Customer’s actions performance listed on the corresponding page of the Site, necessary for the execution of a separate Agreement.
1.3. This public offer for the provision of services (hereinafter referred to as the Agreement) is concluded in a special order: by accepting this Agreement containing all the essential conditions of the Agreement, without being signed by the Customer. This Agreement has legal force in accordance with Article 434 of the Citizen Law of the Russian Federation and is tantamount to an agreement signed by the parties.
1.4. This is the Agreement of accession. The fact confirming the full and unconditional acceptance of the conditions set out below, and the acceptance of this public offer is the sending to the ORGANIZER of an application for booking services from the official website of the ORGANIZER and their subsequent payment.
1.5. After receiving an application for booking services, all the information specified in the application forms the basis of the Agreement between the ORGANIZER and the Customer. At the same time, under the Customer (a party to the Agreement) is considered any person specified in the payment document on whose behalf payment was made under this Agreement (the payer). If the payment was made for a third party (and this follows from a payment or other official document), then the customer under this Agreement is the person for whom the payment was made.
The customer can only be an adult who is the legal representative of the child for whom the service is booked.
1.6. This Agreement is a multilateral deal consisting of an accepted public offer and its integral parts in the form of invoices for payment, as well as schedules, regulations and provisions posted on the ORGANIZER’s website.
1.7. If you do not agree with any clause of this offer, we suggest that you refuse to accept the offer agreement and conclude an agreement with the ORGANIZER in writing. In the event that a legal entity acts as the Customer, the agreement is concluded separately with it.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the provision by the ORGANIZER to the Customer of the possibility of booking a service for organizing a sports and recreation event in accordance with the terms of this public offer. Services in the meaning of this Agreement are following: services for booking accommodation facilities, transport, tickets, organizing the work of the coaching and teaching staff, consulting, information services for organizing trips and other services necessary to the Customer and specified in the booking application.
2.2. The ORGANIZER undertakes to perform the Services for organizing a sports and recreation event (Camp) on the basis of the submitted Orders, and the Customer undertakes to accept and pay for these Services under the terms of this Offer. The Beneficiary under this Offer Agreement is a minor, hereinafter referred to as the “Participant”, which the Customer books the Service for.
2.3. The name and content of the Services, the terms and cost of performance, as well as other necessary conditions of the Agreement are determined on the basis of the information and materials provided by the Customer when submitting the Order.
2.4. The Customer shall unconditionally accept and observe requirements and provisions applicable to the relations of the parties under the Agreement, as defined by the following documents (“Mandatory Documents”): Rules for staying at training camps organized according to the program of football camps Planet of Sport Ltd (Schedule 2).
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Customer’s Rights:
to receive all available information about the ORGANIZER and the Camp; visit the child or live with him during the Camp; refuse to take part the Camp.
3.2. Customer’s Obligations:
To make an order for services on the site by filling out and sending an Application Form. On time, make full payment of the costs of the Camp in accordance with the terms of this Agreement.
Timely provide all valid documents and medical certificates necessary for the Camp in accordance with Schedule 2 of this Agreement and take full responsibility for the authenticity and accuracy of the information.
Provide the Participant with all the necessary things in accordance with the rules of stay in the camp (Schedule 2) of this Agreement and recommendations. The Customer understands that the lack of the necessary personal equipment may complicate or make it impossible for the Participant to stay in the Camp.
Well learn with the Participant the rules of stay in the Camp (Schedule 2) of this Agreement.
Before the Participant leaves home for the Camp, check his baggage and personal belongings for the presence of prohibited items specified in Schedule 2, and withdraw them if found.
10 days before arriving at the Camp, to inform the ORGANIZER about arrival information (type of transport, arrival time, place, the need for a meeting) and clarify other necessary information, if it was not given during the paperwork.
To pick up immediately your child in case of early termination of this Offer Agreement.
Timely provide all valid documents necessary for organizing the purchase of tickets for a trip as part of an organized group and take full responsibility for the authenticity and reliability of the information.
Sign the act of performed services no later than 3 working days after their completion. In the absence of a complaint submitted in writing within 5 working days after the end of the Camp due to the quality or quantity of services, those are considered completed in full power.
3.3. Organizer’s Rights:
Make changes to the Camp plan, replace individual events, vary the time and sequence of their holding, in the event of force majeure or other circumstances beyond the ORGANIZER’s control that may affect the safety and quality of the Services.
Do not allow / stop staying at the Camp if the Participant’s health condition contradicts the terms of the Agreement or, in the opinion of the doctor, the Participant must undergo treatment.
Send the Participant home without compensation to the Customer and at the expense of the Customer in the following cases:
а) violation by the Participant of the terms of this Agreement.
b) violation by the Participant of the interests of other Participants or the interests of the ORGANIZER, as well as in cases of drinking alcohol, violation of the rules of behavior, as well as the rules related to smoking, consumption or involvement in the use of drugs and other drugs that change consciousness without a medical prescription, hooligan actions in relation to other participants or the local population, cruelty to animals, violations of the laws of the host country.
If the Participant causes damage to the ORGANIZER or other Participants as a result of loss or damage of property, as well as in other cases stipulated by law, recover from the Customer the cost of the damage caused (real damage).
Book tickets for a Participant traveling in an organized group, based on the Customer’s application. The method of purchase, time, place of arrival, departure, or the airline company remains at the discretion of the ORGANIZER.
3.4. Organizer’s Obligations :
Provide Services according to the Customer’s request
Make reservations for accommodation and training, transport, excursions, entertainment, hiring of personnel and coaching and teaching staff included in the cost of the Camp. Provide the Customer with reliable information on the duration of turns, accommodation, meals, transfers, and other services related to this event and answer the Customer’s questions in this regard.
Provide the Customer with reliable information on the time, date, place of departure and arrival and answer the Customer’s questions in this regard. Timely inform the Customer about changes in the conditions for the provision of the Services that occurred as a result of an unforeseen significant change in circumstances or force majeure.
All changes are published on the Sport Planet website www.planet-of-sport.com.
In case of early termination of the provision of Services to the Participant, immediately contact the Customer and agree on the conditions for the Participant’s departure.
4. TERMS AND PAYMENT PROCEDURE
4.1 The Customer makes an advance payment of 20% of the total costs of the Services to the account of the ORGANIZER within 10 business days from the date of receipt of the Offer Agreement. Full payment of the costs of the Services must be made by the Customer no later than 14 days before the start of the Camp.
4.2 Payment is made in Euro. All expenses related to the transfer of funds from the Customer to the ORGANIZER are taken care by the Customer.
4.3 In the event that the cost of the Services is indicated in another currency, the calculation is made at the rate of the Central Bank of Russia at the time of receipt of funds to the account of the ORGANIZER..
4.4 The cost of services for the purchase of tickets for a participant traveling in an organized group is indicated in Schedule 1 of the agreement. This amount is preliminary and subject to adjustment. The booking service must be paid in full no later than 5 working days before tickets will be booked by the Organizer. The final cost will be known only at the time of ticket issuance. Full payment of the cost of ticket booking services must be made by the Customer no later than 14 calendar days before the start of the Camp. In the event that the advance payment for tickets turns out to be more than necessary to pay for the reservation and purchase of tickets, the remaining part is credited to the payment for the child’s voucher or returned to the Customer after of a written application indicating the account details.
5. AMENDMENT AND TERMINATION
5.1 Changes to the terms and termination of the Agreement are possible by mutual agreement of the PARTIES.
5.2 Cancellation of the Services must be sent by the Customer by writing method using e-mail to the address: email@example.com
5.3 The Customer’s cancellation of the Services entails termination of the Agreement. The Customer has the right to cancel the Services at any time before the start date of the Camp, on conditions of payment of the expenses actually spending by the ORGANIZER related to the fulfillment of obligations under the Agreement, which are determined in the following order:
if the cancellation occurred 45 days or less before the start of the Camp, the ORGANIZER returns the previously paid amounts to the Customer minus 20% of the full cost of the Services;
in case of cancellation between 14 to 6 days before the start date of the Camp, the ORGANIZER withholds from the Customer the 50% of the full cost of the Services;;
in case of cancellation from 5 days or less before the Camp starts, the ORGANIZER holds 100% of the cost of the Services.
5.4 In case of cancellation of the ticket reservation, the ORGANIZER refunds the full cost of the tickets, excluding the costs incurred and the penalty charged by the carrier. The customer is obliged to provide the necessary documents at the request of the carrier to return the cost of tickets.
5.5 The Agreement shall terminate in case of early departure of the Participant from the place of the Camp voluntarily or for any other reason. In this case, refunds and recalculation for the remaining days can not be made.
5.6 The ORGANIZER has the right to terminate the Agreement if the ORGANIZER will not be able to achieve the minimum needed number of Camp Participants. The ORGANIZER notifies the Customer about this no later than 14 days before the start of the Camp, unless another notification period is agreed by the PARTIES. In this case, the ORGANIZER returns to the Customer the whole amount previously paid by him within 10 (ten) business days from the date of notification.
6. RESPONSIBILITY OF THE PARTIES
6.1 For non-execution and improper execution of their obligations under the Agreement, the PARTIES are liable under the legislation of the Russian Federation and this Agreement.
6.2 In accordance with the current legislation of the Russian Federation, the responsibility for the execution of obligations arising from and associated with transportation falls within the competence of the carrier. Therefore, the ORGANIZER is not responsible for possible violations and actions related to the carrier, the quality of the service provided by him, theft of baggage, delay in departure and late arrival and the associated decrease in the volume of Services.
6.3 The Customer is responsible for the Participant’s behavior during the Camp running, including for damage caused to the ORGANIZER, other Participants or third parties by his illegal actions.
6.4 In case that the Customer provides inaccurate information about himself or the Participant, as well as inaccurate medical certificates and other information, that will entail an erroneous decision to admit the Participant to trainings in the Camp with a possible threat to the health and life of the Participant, the ORGANIZER is not responsible for the possible consequences for the life and health of the Participant and has the right to terminate the Agreement without returning the paid funds to the Customer. In addition, if due to this false information about the health status of the Participant (medical certificate, etc.), the health of the Participant or other children (for example, due to infectious diseases) will deteriorate, then all costs associated with this medical service, and the Participant himself and other children will be charged from the Customer.
6.5 The ORGANIZER is not responsible for: for damage, illness or injury of the Participant that occurred / received as a result of:
– the body’s reaction to environmental conditions, careless actions of the Participant, in case of violation of the rules of behavior (Schedule 2);
– in the event of force majeure circumstances (weather conditions, natural disasters, epidemics, fires, strikes, hostilities, threats of terrorist acts, decisions of state authorities and authorities, etc.), if they disturb the ORGANIZER from executing its obligations;
– for the discrepancy between the Services and the unreasonable expectations of the Customer or the Participant and their subjective assessment.
6.6 The ORGANIZER shall not be responsible if the Customer provides false or inaccurate information about the Participant or accompanying persons, that will be able to entail an erroneous booking or purchase of tickets. in that case, refunds are made after the ORGANIZER pays fines and penalties to the carrier. The ORGANIZER is not responsible if Participant or the accompanying have not necessary valid documents, visas, insurance for travel.
7. CONFIDENTIALITY, INTELLECTUAL PROPERTIES
7.1. This Public Offer Agreement, as well as other information received by the PARTIES during the execution of the Agreement, are considered as confidential documents (information) that are not subject to disclosure to third parties without the prior written consent of the other PARTY, except as provided by the legislation of the Russian Federation and this Agreement.
7.2 The customer confirms that he gives his consent:
for the subsequent use by the ORGANIZER and third parties associated with the ORGANIZER by partnership and contractual relations (hereinafter – “Partners”), the Participant’s data, for the following purposes:
a) collection, systematization and storage of information about the participants of the Camp;
b) promotion of information about the Camp in the form of publications in various public media, as well as on the Internet sites of the ORGANIZER and its Partners dedicated to the education, recreation, health improvement and leisure of children and youth (without posting personal data).
to receive information about the services and promotions of “Sport Planet” in the form of SMS messages and mails to the phone number and e-mail specified in this Agreement.
to the use of individual and group photos, videos and other images of the Participant, created during the Camp by the ORGANIZER and its Partners, by posting in specialized magazines, booklets, posters, other printed materials and media, as well as at exhibitions, on the websites of the ORGANIZER and its Partners in order to popularize the program of education, recreation, health improvement and leisure for children and youth, sending proposals for participation in the programs and events of the ORGANIZER and its Partners.
7.3 The Customer has the right at any time to revoke his consent to the subsequent use by the ORGANIZER and / or Partners of personal data, for the purposes specified in clause 7.2., by sending a written notice of revocation to the ORGANIZER.
7.4 The customer undertakes not to interfere to the ORGANIZER in the exercise of his rights to photos and videos created during the Camp. The exclusive right to all created photo and video files belongs to the ORGANIZER
7.5 The ORGANIZER has the right, at its discretion, to specify and / or not to specify both on all and on a single photo and video the full or abbreviated, real or fictitious name (pseudonym) of the Customer or the Participant.
8. ADDITIONAL PROVISIONS
8.1 In the case of an increase in tariffs or the cost of services provided to the Organizer by third parties, the Organizer has the right to change the cost of services provided under the Agreement, notifying the Customer in writing about this no later than 15 working days before the provision of services, but not more than 10% of the total cost. In this case, the Customer has the right to refuse services with the return of the entire amount previously transferred under the Agreement.
8.2 If the Camp Program includes insurance, then the ORGANIZER guarantees the validity of the insurance at the place of the Camp. All relations on insurance payments and in connection with them are resolved by the Customer directly with the insurance company of the ORGANIZER.
8.3 The ORGANIZER may decide to terminate the provision of services to the Participant if he:
extremely violated personal safety measures and internal regulations, including self exit from the territory (sports complex), during excursions, independent bathing, etc.;
caused moral or physical harm to other people (children, service personnel, coaching staff, etc.);
caused significant material damage to other children or the camp (hotel, base);
uses, stores, distributes alcohol, drugs, toxic substances;
made illegal acts, incl. extortion, threats, theft;
in other cases, when the actions of the Participant may cause damage to the life and health of the Participant himself or the people around him;
has significant medical contraindications or chronic diseases hidden upon signing the Agreement that may negatively affect the health of the Participant during rest and training sessions.
8.4 In case of material damage to a place of residence by an unidentified guilty, collective liability of the Participants may be envisaged, but with the obligatory consideration of specific circumstances (if the key to the room is lost and there are no guilty parties, everyone in the room is responsible, etc.)
8.5 The ORGANIZER has the right to make a decision to terminate the provision of services only on the basis of solid evidence, which will immediately inform the Customer about. In this case, the Customer is obliged at his own expense to provide the emergency removal of the Participant or pay for his independent stay outside the place of the provision of the Services. The ORGANIZER does not compensate for the lack of service.
The customer is obliged to pay the ORGANIZER and the affected persons all material costs associated with the situation.
8.6 The ORGANIZER is not responsible for the loss of items and luggage of the Participant.
8.7. In the absence of growing of the results of the Camp Participant, expressed in ratings based on the test results in the end of the Camp program, the ORGANIZER undertakes to return the money to the Customer in the amount of 10% of the cost of the paid voucher.
8.8. Refunds are made on the basis of a written application of the Customer in free form.
9. FINAL PROVISIONS
9.1. The schedule 1 – the invoice is generated based on the client’s application, The schedule 2 – The rules of stay in the Camp are an integral part of this public offer.
9.2. All disputes and disagreements are resolved through negotiations between the Parties. If it is impossible to resolve the dispute through negotiations, disputes are subject to consideration and resolution in court at the location of the defendant. Complaints are accepted in writing no later than 5 business days after the completion of the Services. The term for consideration of complaints is thirty days.
10. ADDRESSES AND PARTIES DETAILS
Planet of Sport Ltd
Individual Tax No: 7813592557
Reg No: 1147847233764
Mira str, 10A, room 11H, office 25, St. Petersburg 197022 Russia
Phone: +7 921 8917940
Account No: 40702978100080014357
Bank “Tavrichesky” (j.-s.)
General director: Kvasov Vitaly
The schedule № 2 to the Agreement