PUBLIC OFFER AGREEMENT
1. General Provisions
1.1. This document is a public offer by the Aerowaltz LLC (hereinafter referred to as the «Contractor»), addressed to any legally capable individual. Any legally capable individual undertakes to pay for the services under the terms specified in this offer (hereinafter referred to as the «Agreement») as well as on the Website upon acceptance of the terms set forth below.
1.2. Acceptance (unconditional acceptance) of the terms of this public offer (the moment of conclusion of the Agreement) is considered to be the fact of payment by the Customer for the services provided by the Contractor, in accordance with the Program on the Website. This Agreement is deemed to be concluded by the Parties in written form.
1.3. The Contractor recommends the Customer to read the text of this offer carefully. Should the Customer not agree with its terms and conditions or any clause thereof, the Contractor suggests the Customer refuse to conclude this Agreement and use the Contractor’s services.
2. Terms and Definitions
In this offer, unless the context otherwise requires, the following terms have the meanings stated below and shall be considered as an integral part thereof:
2.1. Customer – means an individual who has accepted the offer, and/or third parties in whose interests the Customer is acting, persons accompanying them (or being accompanied by them), including minors, as well as another person (the Customer’s representative) who received a Flight Invitation as a gift from the Customer, if the Customer does not personally participate in the Hot Air Balloon flight.
2.2. Contractor’s Official Website – www.aerowaltz.ru
2.3. Program – a set of services for organizing an introductory, excursion Hot Air Balloon ride corresponding to the Program chosen by the Customer, which the Contractor undertakes to perform for the Customer within the agreed timeframe.
2.4. Flight Invitation (hereinafter referred to as the «Certificate») – an electronic document or a document on paper that confirms the Customer’s right to receive the set of services.
2.5. Invitation Validity Period – the period of time during which the Customer has the right to receive, and the Contractor is obliged to provide services to the Customer according to the terms specified in the Agreement and the Program. If the Invitation has not been activated and the service has not been provided within the specified period, such Invitation is deemed invalid, and the Contractor does not provide Services under this Invitation. The Invitation validity period is calculated from the date of acceptance of this Offer.
2.6. Invitation Activation – the fact of the Customer booking a Hot Air Balloon flight by registering for the flight via electronic booking through the Contractor’s official website, or by booking via a call to the Contractor’s official phone number 8-495-505-12-61, (8-929-533-33-20, 8-929-533-34-00).
2.7. Invitation Individual Number – a unique alphanumeric combination consisting of several characters specified in the Invitation, allowing for the identification and proper verification of the Invitation’s authenticity and absence of forgery, including its legitimate purchase, and granting the right for the Customer to purchase the services specified in the Invitation.
3. Subject of the Agreement
3.1. Under this Agreement, the Contractor undertakes to provide the Customer with a full range of services for organizing an introductory, excursion Hot Air Balloon flight, in accordance with the Flight Program paid for by the Customer.
3.2. The specific list of services provided to the Customer, their cost, and scope are determined according to the Programs specified on the website.
3.3. The services specified in clause 3.2. of this Agreement are provided by the Contractor personally or with the involvement of third parties under terms similar to those stipulated in this Agreement.
4. Rights and Obligations of the Parties
4.1. Contractor is obliged to:
4.1.1. Perform the services for organizing the Hot Air Balloon flight in the manner and within the timeframe stipulated by this Agreement and the Flight Program.
4.1.2. Provide the Customer with complete and reliable information about the rules and conditions for the effective and safe use of the services.
4.1.3. Provide the Customer with complete and reliable information about the pre-agreed meeting time and place, and the flight area.
4.1.4. Organize the Hot Air Balloon flight in the pre-agreed flight area.
4.1.5. Provide insurance for flight participants in accordance with the Air Code of the Russian Federation.
4.2. The Contractor has the right to:
4.2.1. Unilaterally determine the cost of all services provided on the website www.aerowaltz.ru.
4.2.2. Refuse flight to persons under the influence of alcohol and/or drugs, or any psychoactive substance, pregnant women, children under 6 years, persons suffering from musculoskeletal disorders or other diseases, including mental disorders, or for other reasons that may threaten the safe conduct of the flight.
4.2.3. Unilaterally make decisions regarding takeoff and landing, as well as the termination of the flight.
4.2.4. Reschedule the date and/or time of the flight no less than 24 (twenty-four) hours before the start of the flight.
4.2.5. Unilaterally reduce the flight duration in the presence of conditions threatening the safe conduct of the flight. In the event of a flight time reduction initiated by the Contractor, or due to weather conditions and force majeure circumstances threatening the continuation of the flight, the cost of services paid by the Customer shall not be compensated.
4.2.6. The Contractor has the right to cancel/reschedule the flight directly on the day of meeting with the Customer in case of non-compliance of meteorological conditions with the requirements of the Hot Air Balloon Flight Manual (hereinafter – RFM), or due to a ban on flights by authorized authorities. In these cases, the service is not considered rendered.
4.2.7. To ensure the safety of the aircraft’s flight, the Contractor has the right to give orders to any person on board of the hot air balloon and demand their compliance.
4.2.8. The Contractor has the right to apply all necessary measures, including coercive measures, against persons whose actions pose a direct threat to the safety of the Hot Air Balloon flight.
4.3. Obligations of the Customer:
4.3.1. Independently and timely familiarize themselves with the established flight programs, prices for services, procedure, and terms of their provision on the website www.aerowaltz.ru.
4.3.2. Timely pay for the selected services of the Contractor in accordance with the Programs having effect at the time of payment.
4.3.3. Submit a request for services on the website www.aerowaltz.ru or by calling the Contractor’s official phone number.
4.3.4. Provide accurate and correct information about personal and contact details, including accurate email address and phone number.
4.3.5. Familiarize themselves with the mandatory requirements of the Safety Regulations and In-Flight Conduct Rules (Appendix 1 to this Agreement). If not flying personally, convey the necessary information to the third party who will be taking the Hot Air Balloon flight.
4.3.6. Activate the Flight Invitation within the terms and by the methods established by this Agreement.
4.3.7. Arrive at the designated meeting place on time on the scheduled flight day. In case of the Customer’s failure to appear at the designated meeting place on the flight day, or being late by more than 20 minutes, the Service is considered rendered, and the funds are non-refundable.
4.3.8. Follow the instructions of the pilots and/or the Contractor’s representatives regarding conduct in the areas of flight preparation and execution.
4.3.9. Observe generally accepted rules of conduct in public places in the area where the Hot Air Balloon is located.
4.3.10. Observe fire safety rules in the area of Hot Air Balloon flights.
4.3.11. Immediately inform the Hot Air Balloon pilot in case of deteriorating health.
4.4. The Customer has the right to:
4.4.1. Use the Hot Air Balloon flight package upon presentation of the original, valid, and properly activated Flight Invitation.
4.4.2. Notify the Contractor of a flight postponement no later than 24 (twenty-four) hours before the scheduled meeting time. In case the Customer cancels the paid Program and/or postpones the flight date less than 24 (twenty-four) hours before the meeting time, the Service is considered rendered, and the funds are non-refundable.
5. Procedure and Terms of Service Provision
5.1. The Invitation validity period is 6 (six) months, unless otherwise specified in the Invitation.
5.2. The Invitation validity period may be extended by agreement of the Parties for 2 (two) months without additional payment, or subject to an additional payment of 3,000 (three thousand) rubles (subject to compliance with clause 4.3.6. of this Agreement), for 6 (six) months. Extension is possible only once.
5.3. Upon completion of the flight, the Contractor signs the detachable part of the Invitation, which remains with the pilot and serves as the Act of Services Rendered in full.
5.4. Services are considered duly rendered by the Contractor if the Customer has not submitted written claims regarding the services received from the Contractor within 7 (seven) business days from the date of receiving the Act of Services Rendered.
5.5. If the flight cannot be performed within the timeframe established by this Agreement, and such impossibility is caused by the Contractor or weather conditions, the Agreement is extended for a period sufficient and reasonable to perform the flight.
5.6. If the flight cannot be conducted due to adverse weather conditions, the service is rescheduled to another date agreed upon by the Parties. Adverse weather conditions for safe Hot Air Balloon flight are established in the Flight Manual of the Hot Air Balloon. The final decision to proceed with the flight based on weather conditions is made by the Hot Air Balloon pilot.
6. Cost of Services
6.1. The total cost of services under the Agreement is determined according to the Flight Program chosen by the Customer.
6.2. The cost of services under the Agreement is determined unilaterally by the Contractor in Russian Rubles and published on the website www.aerowaltz.ru.
6.3. The Contractor has the right to unilaterally change prices for the services provided. The date of entry into force of new prices and payment terms is the date of their posting on the website www.aerowaltz.ru.
7. Procedure and Terms of Payment
7.1. After reviewing the list of programs and the provisions of the public offer, the Customer selects a Program on the website www.aerowaltz.ru, which includes a set of services and the flight, places an order on the website, indicating one of the methods for receiving the Invitation. The Contractor transfers the Invitation to the Customer in the following way:
— By email, sending the Invitation in electronic format to the email address specified by the Customer when placing the order.
— By courier, if the delivery address is within Moscow city limits; delivery cost within the Moscow Ring Road (MKAD) is included in the Invitation price for a total order value of 10,000 (ten thousand) rubles or more.
— At a pick-up point by prior arrangement.
7.2. Payment for the Contractor’s services by the Customer is made by bank transfer, as well as by cash and/or non-cash payment upon delivery of the Certificate by courier or by cash payment upon self-pickup of the Invitation, in the amount established on the Contractor’s website at the time of purchase.
7.3. Services under this Agreement are provided to the Customer on a 100% prepayment basis.
8. Liability of the Parties
8.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation and this Agreement.
8.2. The Contractor shall not be liable for damage caused to the Customer as a result of non-fulfillment or improper fulfillment of the Safety Regulations and In-Flight Conduct Rules (Appendix No. 1). In this regard, in the event of an injury or harm of any severity sustained by the Customer, or persons in whose interests the Customer is acting, as a result of personal negligence, carelessness, inattention, or excessive self-confidence, as well as a result of an unforeseen accident or extraordinary circumstances beyond the safety measures taken by the Contractor, or in case of intentional violation of the aforementioned restrictions and rules of conduct at the Hot Air Balloon launch or landing site and during the flight, the Customer undertakes not to make claims against the Contractor and not to file lawsuits in civil proceedings for compensation for harm and payment of compensation related to treatment, health recovery in the subsequent period, as well as lifelong support in case of disability.
8.3. The Contractor is not responsible for the safety of personal belongings of flight participants.
9. Dispute Resolution
9.1. The Parties establish a mandatory pre-trial procedure for settling disputes and disagreements.
9.2. By mandatory pre-trial dispute resolution procedure, the Parties mean the obligation of the Party that believes its rights under this Agreement have been violated by the other Party to submit a written claim to the latter. The Party to whom the claim is addressed must send a response to it no later than 10 (ten) days from the date of receipt of the claim.
9.3. All issues not settled in the claim procedure shall be resolved in accordance with the current legislation of the Russian Federation.
10. Force Majeure Circumstances
10.1. A Party shall be released from liability for partial or complete non-fulfillment of obligations under this Agreement if it proves that proper fulfillment was impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, which the Parties could not have foreseen and provided for during the execution of this Agreement.
10.2. The Contractor has the right to postpone the deadlines for fulfilling this Agreement for the period during which the force majeure circumstances are in effect.
10.3. Upon the occurrence of force majeure circumstances, each Party must immediately notify the other Party in writing. The notification must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, providing an assessment of their impact on the Party’s ability to fulfill its obligations under this agreement.
11. Procedure for Conclusion, Amendment, and Termination of the Agreement
11.1. The moment of conclusion of this Agreement is considered the moment the payment is credited to the Contractor’s settlement account for the Program chosen by the Customer on the Contractor’s website.
11.2. The Customer has the right at any time to unilaterally refuse the Contractor’s services, subject to payment to the Contractor of the expenses actually incurred by him, according to the Program. Actually incurred expenses, unless otherwise provided by the Program, include: production and delivery of the Certificate, informational materials produced by the Contractor for the Customer’s preliminary briefing, airfield expenses for preparing and conducting the flight (payment for takeoff/landing, air traffic control, fuel supply, etc.), transfer booking.
11.3. In case the Customer cancels the paid Program less than 24 (twenty-four) hours before the meeting time, the Service is considered rendered, and the funds are non-refundable.
11.4. Refunds are made exclusively to the person who directly purchased the Flight Invitation, provided that the Invitation, as of the date of consideration of the refund application, has not been used, activated, or used by the Customer. The Contractor makes a refund within 10 (ten) business days from the date of receipt of the application to the bank account of the person specified in the application. If the application is received by the Customer after 6:00 PM on a working day or on a holiday/weekend, the moment of receipt of the application is considered the next working day.
11.5. The Contractor has the right at any time, at its sole discretion, to change the terms of the public offer.
12. Contractor’s Details
Name:
Aerowaltz LLC
Legal Address:
1B, Pravonaberezhnaya Street, Dmitrov, 141800, Russia
Postal Address:
Office 225, Building 8, 88 Volokolamskoe Highway, Moscow, 125424, Russia
INN (Taxpayer Identification Number):
5007038355
KPP (Tax Registration Reason Code):
500701001
OGRN (Primary State Registration Number):
1035001601733
Contact Phone:
+7 (495) 505-12-61
Email:
Website:
General Director:
Veronika Yurievna Taran
Bank Details:
Bank:
PJSC «Sberbank of Russia», Moscow
BIC (Bank Identification Code):
044525225
Correspondent Account:
30101810400000000225
Settlement Account:
40702810338000032161
Appendix 1
Safety Regulations and In-Flight Conduct Rules
1. The Customer is warned and understands that flight activities involve the risk of injury, harm, and death due to unforeseen circumstances beyond the compliance with all necessary precautions, rules, and safety instructions for conducting flights by the Contractor’s flight, instructional, and administrative personnel, and the Customer personally, or persons in whose interests the Customer enters into this Agreement.
2. The Customer undertakes to listen carefully to the Pre-flight briefing conducted by the Hot Air Balloon pilot immediately before the flight.
3. The Customer is warned that during flight preparation and during the flight, the following actions are prohibited:
· Smoking on board of Hot Air Balloon (regardless of flight duration); smoking is prohibited at the Hot Air Balloon parking area, as well as near the Hot Air Balloon (closer than 50m);
· Being under the influence of alcohol or drugs;
· Creating situations that threaten flight safety, as well as the life (health) of passengers and crew members;
· Committing hooligan acts and deeds that demean the honor and dignity of others;
· Raising one’s voice, being disrespectful and aggressive towards other flight participants and the Hot Air Balloon pilot;
· Damaging the Contractor’s equipment and property.
4. Persons of certain categories are not allowed on board the hot air balloon:
· Children under 6 years,
· Pregnant women,
· Persons suffering from musculoskeletal disorders and other diseases that impede the flight.
5. The Customer is warned that there are certain clothing requirements for a hot air balloon flight:
Clothing should be comfortable and convenient, shoes with flat soles without heels, preferably waterproof, headwear is recommended.
In case the Customer violates the Safety Regulations and In-Flight Conduct Rules, the provision of services is immediately terminated. The Services under the chosen Program are considered rendered, and the funds are not refunded.