1. General Provisions
1.1. This Agreement is a public agreement (a public offer on the basis of clause 2 of Article 437 of the Civil Code of the Russian Federation) of Aerowaltz Limited Liability Company, hereinafter referred to as the ‘Executor’, represented by the Director General acting on the basis of the Charter, to any legal entity or individual who expressed willingness to obtain the services of the Executor and accepted the terms of this Agreement ( Offer), hereinafter referred to as the ‘Customer’, for the provision of services, the list of which is contained on the official website of the Executor in the Internet www.aerowaltz.ru.
1.2. The public offer which is expressed in this Agreement shall come into force from the moment of posting on the Internet www.aerowaltz.ru and shall remain in effect until the offer is withdrawn by the Executor.
1.3. The fact of payment by Executor in accordance with the terms of this Agreement, in the absence of a clearly expressed written agreement of the Parties shall be considered as Acceptance (unconditional acceptance) of the terms of this public offer (the moment of entering into the Agreement) in accordance with Article 438 of the Civil Code of the Russian Federation.
1.4. Carrying out the acceptance of this public offer in the manner defined in clause 1.3. of the present Agreement. The Customer agrees with all the terms of the Agreement as they are set out in the text of this Agreement and in accordance with the Civil Code of the Russian Federation the Customer is considered to be a person who entered into contractual relations with the Executor on the basis of this public offer Agreement. In this case, in accordance with paragraph 3 of Art. 434 and p. 3 of Art. 438 of the Civil Code of the Russian Federation this Agreement is considered to be concluded by the Parties in writing.
1.5. The Executor recommends the Customer to carefully read the text of this offer. If the Customer does not agree with its terms and conditions or with any clause of its terms, the Executor offer the Customer to refuse to conclude this public offer Agreement and use the services of the Executor.
1.6. By conclusion of this Agreement, the Customer understands the meaning of his actions and is able to manage them, is not under the influence of delusion, deception, violence, threat. The Agreement was concluded by the Customer voluntarily, with preliminary full familiarization with the terms of this public offer Agreement, the content of which is clear to the Customer. If the Customer did not have the appropriate authority at the time of acceptance of the public offer on behalf of the legal entity he, as an individual, assumes all responsibility for the execution of this public offer.
2. Terms and definitions.
For the purposes of this Agreement, the following terms and definitions are interpreted as follows:
2.1. ‘The Customer’ — in the context of this Agreement, the Customer is an individual or legal person who has accepted the offer and becoming the Customer of the Executor’s services under the concluded offer Agreement. In the context of this Agreement, the Customer shall be considered as the person who directly purchased the flight Certificate from the Executor and/or any third parties for the benefit of which the Customer operates, accompanying the Customer (accompanied by him), including minors, as well as other person (representative of the Customer) who has received the flight certificate as a gift from the Customer, if the Customer does not directly participate in the hot air balloon flight.
2.2. A hot air balloon («Balloon») is a manned aircraft without a motor, the lifting force of which is provided by the warm air contained in the shell.
2.3. Official site of the Executor- www.aerowaltz.ru
2.4. Excursion flight on a hot air balloon (hereinafter referred to as «flying on the Balloon» or «flight») — free flight of the Balloon in the direction of the motion of air masses without permanent fixation to the point on the surface of the earth.
2.5. The flight programme is a set of conditions and rules for carrying out a flight on the Balloon, which has the specifics of the performance of the service.
2.6. Additional services – is a set of services rendered by the Executor in addition to the basic services.
2.7. Certificate for flight (hereinafter referred to as the Certificate) is an electronic document or document on paper that confirms the Customer’s right to receive a package of services for the flight on the Balloon.
2.8. The validity period of the certificate is the period of time during which the Customer has the right to receive, and the Executor is obliged to render services to the Customer in accordance with the conditions specified in this Agreement. The certificate shall be deemed to be canceled upon expiration of the validity period of the Certificate, the funds are not returned.
The validity of the Certificate may be extended before the expiration of the Сertificate subject to the provisions of clause 4.3.8. of the present Agreement.
Calculation of the validity period of the Certificate starts from the date of the conclusion of this Agreement.
2.9. Activation of the Certificate is the fact of the Customer’s booking for the hot air balloon flight: by booking through the official website of the Executor or by booking via a call to the official phone number of the Executor
2.10. Individual Certificate number is a unique numbers and letters combination consisting of several symbols specified in the Certificate, which allows to identify and properly verify the Certificate for its originality and absence of the fact of forgery, including its legitimacy of acquisition and entitling the Customer to purchase the services specified in this Agreement.
2.11. Electronic application is an entering of the data of the Customer which is necessary to be provided on website of the Executor in order to purchase services of the Executor.
3. Subject of the Agreement.
3.1. Under this Agreement the Executor undertakes to provide the Customer with a full range of services for organizing hot air balloon excursion flight, in accordance with the programme of the flight previously paid by the Customer.
3.2. A specific list of services provided to the Customer, their cost and volume are determined on the basis of the Customer’s application.
3.3. The services specified in clause 3.2. of this Agreement shall be rendered by the Executor personally or with the involvement of third parties on terms similar to those set forth in this Agreement.
4. Rights and obligations of the Parties.
4.1. Obligations of the Executor:
4.1.1. To place on the web site www.aerowaltz.ru information about the list of the services provided (Programmes and cost of flights) about the terms and conditions of the services.
4.1.2. To perform services for organizing the hot air balloon flight in the manner and within the time limits stipulated in this Agreement.
4.1.3. To provide the Customer with complete and reliable information about the rules and conditions for the effective and safe use of services.
4.1.4. To provide full and reliable information to the Customer about the preliminary agreed time and place of the meeting, the area of the flight.
4.1.5. To organize a hot air balloon flight within the previously agreed flight area.
4.1.6. To perform insurance of participants of flights in accordance with the Air Code of the Russian Federation.
4.2. The Executor is entitled to:
4.2.1. Unilaterally determine the cost of all services provided and to place this information on the site www.aerowaltz.ru.
4.2.2. Refuse to fly with persons who are in alcohol and / or narcotic intoxication, under the influence of any psychoactive substance, to pregnant women, children under 6 years, to people suffering from diseases of the musculoskeletal system, as well as other diseases, including mental disorders or for other reasons that may threaten the safe conduct of the flight.
4.2.3. Unilaterally take a decision on takeoff and landing, as well as on the termination of the flight.
4.2.4. Change the date and / or flight time not less than 48 (forty-eight) hours before the start of the flight.
4.2.5. Unilaterally reduce the duration of the flight time in the presence of conditions that threaten the safe conduct of the flight. In the event of a reduction in the time of the flight at the initiative of the Executor, or due to weather conditions and force majeure circumstances threatening further flight, the cost of services paid by the Customer is not compensated.
4.2.6. The Executor has the right to cancel / reschedule the flight directly on the day of the meeting with the Customer in the event of a mismatch of meteorological conditions with the requirements of the Aircraft Operational Manual (hereinafter referred to as «Airplane Flight Manual») or due to the banning of authorized bodies for flights. In these cases, the service is not considered to be rendered.
4.2.7. In order to ensure the safety of the flight of an aircraft the Executor shall have the right to give orders to any person on board the aircraft and to demand their execution.
4.2.8. The Executor has the right to apply all the necessary measures, including coercive measures against persons who by their actions create an immediate threat to the safety of the Balloon flight.
4.3. Obligations of the Customer:
4.3.1. To read and acknowledge information on the site www.aerowaltz.ru as of programmes of flights, the prices for services, the order and terms of the services provision.
4.3.2. To pay timely for the services selected of the Executor in accordance with the prices set at the time of payment.
4.3.3. To apply for services on the site www.aerowaltz.ru or by calling the official phone number of the Executor.
4.3.4. The Customer shall be responsible for the errors made within making of a payment.
4.3.5. To provide reliable and correct information about personal and contact information, including the exact email address, exact phone number.
4.3.6. To become acquainted with the mandatory requirements of Safety Techniques and Rules of Conduct in flight (Appendix 1 to this Agreement). To pass the necessary information to a third party who will fly on the Balloon in case if the flight will be conducted not by a person who bought certificate.
4.3.7. To activate the Certificate for the flight within timeframes and by means stipulated by this Agreement.
4.3.8. To arrive at the appointed meeting place in time and without delay on the appointed day of the flight. If the Customer fails to appear on the day of the flight to the appointed meeting place, as well as the Customer is late for more than 20 minutes, the Agreement shall be deemed terminated on the Customer’s initiative and the payment made by him shall not be refunded.
4.3.9. To follow the instructions of pilots and / or representatives of the Executor, concerning the behavior in the places of preparation and performance of flights.
4.3.10. To observe the generally accepted rules of conduct in public places around the location of the Balloon.
4.3.11. Observe the rules of fire safety in the area of conducting hot air balloon flights.
4.3.12. In case of worsening of health, immediately inform the pilot of the Balloon about this fact.
4.4. The Customer has the right:
4.4.1. To use the package of services for the hot air balloon flight upon presenting the original valid, duly activated flight Certificate.
4.4.2. Notify the Executor of the change of the date of the flight no later than 24 (twenty-four) hours before the scheduled meeting time. In the event of the Customer’s refusal of the paid service and / or the change of the flight date within a period of less than 24 (twenty four) hours prior to the meeting time, the Contract shall be deemed terminated on the Customer’s initiative and the payment made by the Customer shall not be refunded.
5.The procedure and terms of the provision of services.
5.1. The general term for the provision of services: the validity of the Certificate is six (6) months. The Executor has the right to establish other validity period in an individual order with the indication in the Certificate.
5.2. The flight Certificate prolongation for the flight after the expiration of the validity of the Certificate is possible for 2 (two) months without additional payment, or on condition of additional payment (in compliance with the provisions of paragraph 4.3.8 of this Agreement), which is: 3.000 (three thousand) rubles for prolongation for six (6) months.
The Certificate can be prolonged no more than once in addition to the validity period of the Certificate established on sale.
5.3. Upon finish of the flight, the Executor signs a voucher of the Certificate, which remains with the pilot and considered to be as the Act on the provision of services in full.
5.4. The services are deemed to be performed by the Executor properly, if the Customer has not submitted written claims on the services performed by the Executor within 7 (seven) business days from the receipt of the Service Act.
5.5. In the event if the flight is impossible within the timeframe established by this Agreement, and such impossibility is caused by the Executor or by weather conditions — the Agreement is prolonged for a period sufficient and reasonable for the flight.
5.6. In case of impossibility to conduct a flight due to unfavorable weather conditions, the service is transferred to another date agreed by the Parties. Unfavorable weather conditions for safe hot air balloon flight are installed in the Flight Manual (Flight Manual) of the Balloon. The final decision to carry out the flight on weather conditions is taken by the pilot of the Balloon.
6. Cost of the services.
6.1. The total cost of services under the Agreement is determined in accordance with the volume of services paid by the Customer and is indicated in the invoice.
6.2. The cost of services under the contract is determined by the Executor unilaterally in Russian Rubles and published on the website www.aerowaltz.ru.
6.3. The Executor has the right to unilaterally change the prices for the services provided. The date of entry into force of the new prices and terms of payment is considered to be the date of posting on the site www.aerowaltz.ru.
7. Terms and conditions of payments.
7.1. Having acquainted with the list of the Executor’s services and the text of this Public Offer Agreement, the Customer chooses the necessary flight programme on the website www.aerowaltz.ru, draws up an order on the site, indicating one of the ways of obtaining the Certificate. The Executor transfers the Certificate to the Customer in the following way:
— By e-mail, sending the Certificate in electronic format to the e-mail address specified by the Customer at the time of order placement.
— By courier if the delivery address is within Moscow the delivery cost is included in the price of the Certificate for a total order value of 10,000 (ten thousand) Rubles.
— At the point of self-delivery by prior arrangement.
7.2. The full cost of the order is indicated on the official website of the Executor and is valid at the time of the purchase of services.
7.3. Payment for the Executor’s services by the Customer is effected in cash by bank transfer through the electronic payment system Uniteller, as well as by cash and / or non-cash payment upon delivery of the Certificate by courier or cash on delivery of the Certificate in the amount established on the Executor website at the time of purchase.
7.4. The services under this Agreement are provided to the Customer on the basis of 100% prepayment for the cost of the selected flight programme.
7.5. Payment for services confirms the full and unconditional acceptance by the Customer of the terms of this Agreement and determines the moment when this Agreement enters into force.
7.6. The term of payment under this Agreement may be changed by agreement of the Parties by concluding an Additional agreement to this Agreement.
8. Responsibility of the Parties.
8.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement in accordance with the current legislation of the Russian Federation and this Agreement.
8.2. The Executor shall not be liable for damage caused to the Customer in consequence of failure to perform or proper execution of the Safety Rules and Rules of Conduct in flight (Annex No. 1). In this regard, in the event of personal injury or injury of any degree of severity received by the Customer or persons for whom the Customer acts, as a result of personal negligence, inattention, or excessive arrogance, as well as unforeseen accident or extraordinary coincidence, independent on the security measures taken by the Executor, as well as willful violation of the above limitations and rules of location at the launching or landing site of the Balloon and during the flight, the Customer agrees not to file claims against the Executor and not to file claims for compensation of damage and compensation related to treatment, recovery of health in the subsequent period, as well as life imprisonment in case of disability as civil proceedings.
8.3. The Contractor is not responsible for the safety of the personal belongings of the participants within the flight.
8.4. The amount of damages to be recovered from the Executor shall be limited to the sum of the work paid by the Customer, failure to perform or improper performance of which resulted in loss, except for cases when another liability amount is established by mandatory legal norms of the legislation of the Russian Federation, and also when obligations under this Agreement were not fulfilled or improperly executed due to the direct intent of the Executor.
9. Settlement of disputes.
9.1. The Parties establish a mandatory pre-trial procedure for settling disputes and disagreements.
9.2. Under the mandatory pre-trial settlement of the dispute, the Parties understand the obligation of the Party that believes that its rights within the framework of the implementation of this Agreement are violated by the other Party, to produce the last written claim. The party to whom the claim is directed is obligated to send a response to it no later than 10 (ten) days after the receipt of the claim.
9.3. In the event if the Parties fail to resolve all disputes in the manner specified in clause 9.1. of this Agreement, the dispute shall be resolved in a judicial procedure in accordance with the legislation of the Russian Federation.
9.4. All the issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Russian Federation.
10. Force majeure circumstances.
10.1. The Party shall be released from liability for partial or complete failure to fulfill its obligations under this Agreement if it proves that the proper performance was not possible due to force majeure, that is extraordinary and unavoidable under these circumstances that the Parties could not foresee and envisage during the execution of this Agreement.
10.2. The Contractor has the right to postpone the execution of this Agreement for the period during which the circumstances of force majeure will operate.
10.3. In the event of force majeure circumstances, each Party must immediately notify the other Party about such circumstances in writing. The notice should contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the possibility of the Party fulfilling its obligations under this Agreement.
11. Other conditions.
11.1. By entering into this Agreement and entering personal data on the relevant page of the site www.aerowaltz.ru, the Customer agrees to provide its personal data for processing purposes by the Executor. Processing of personal data entered by the Customer at the conclusion of the Agreement is carried out on the basis of subparagraphs 1 and 5 of paragraph 1 of Article 6 of Federal Law No. 125-FZ of July 27, 2016 «On Personal Data».
11.2. The Executor guarantees that the Customer’s personal data will not be transferred to third parties.
11.3. All applications and additions are considered to be an integral part of this Agreement.
11.4. Upon written request of the Customer, the Executor may issue a printed version of this offer signed by the Parties. The printed version is equal in legal force to this public offer Agreement.
12. The Agreement conclusion, amendment and termination procedure.
12.1. The moment of conclusion of this Agreement is the moment of transfer of payment to the settlement account of the Contractor for services selected by the Customer on the Contractor’s website.
12.2. By concluding of this Agreement, the Customer understands the meaning of his actions and is able to manage them, is not under the influence of delusion, deception, violence, threat. The Agreement concluded by the Customer voluntarily, with preliminary full familiarization with the terms of this Public Offer Agreement, the content of which is clear to the Customer. If the Customer did not have the appropriate authority at the time of acceptance of the public offer on behalf of the legal entity, he, as an individual, assumes all responsibility for the execution of this public offer.
12.3. The Customer has the right at any time to unilaterally refuse of the Executor’s services.
12.4. In case of unilateral refusal of the Customer from the service paid earlier than 24 hours before the appointed date of the flight, the payment is returned to the Customer minus 20 (twenty)% of the total cost of this Agreement upon presenting all necessary documents confirming the fact of payment.
12.5. Refunds are made only to the person who directly purchased the flight Certificate only on condition that the Certificate as of the date of consideration of the application for refund of money was not used activated or used by the Customer. The Executor makes a refund of money within 10 (ten) business days from the date of receipt of the application to the settlement account of the person specified in the application. If the application is received by the Customer after 18:00 of the working day or on a holiday / day off, the next business day is considered the moment of receipt of the application.
12.6. In case of unilateral refusal of the Customer from the paid service and / or transfer of the flight date within a period of less than 24 (twenty four) hours prior to the meeting time, as well as the Customer’s failure to appear on the day of the flight to the designated place of launch, or delay more than 20 minutes, the contract shall be considered terminated the Customer’s initiative and the payment made by the Customer is not refundable.
12.7. The Executor has the right to change the conditions of the public offer (this Agreement) at any time, at its own discretion or to revoke it, or modify or supplement it by publishing all the changes on its website. In the event that the Contractor changes the terms of this Agreement, the changes come into effect from the moment of placing the changed terms on the Internet at www.aerowaltz.ru, unless another term is specified by the Executor upon placement. If the published changes for the Customer are unacceptable, then within 7 (seven) days from the date of publication of the changes, he must notify the Executor about this fact. If no notification is received, it is considered that the Customer continues to participate in contractual relations.
12.8. All the issues that are not regulated by the present Agreement shall be regulated by the current legislation of the Russian Federation.
This Contract is made in Russian and English languages. Russian version shall prevail.
141800, 1B Pravonaberezhnaya str., Dmitrov, Moscow Region.
Postal address: 125424, office 225, 88 Volokolamskoe Shosse, block 8.
+7 (495) 505-12-61
Web site: www.aerowaltz.ru
Taran Veronika Y.
Bank account details:
Bank: Sberbank of Russia, Moscow
Correspondent account: 30101810400000000225
Operating account: 40702810338000032161
to the public offer agreement of the services provided by
Safety instructions and flight behavior rules
The Customer is warned and understands that the flight activity is associated with the risk of injury, damage and death as a result of unforeseen circumstances that do not depend on compliance with the flight, technical, instructor, and administrative composition of the Contractor and personally the Customer, or persons for whom the Customer concludes this Contract, all necessary precautions, rules and safety instructions for conducting flights.
The Customer undertakes to carefully listen to the preflight briefing (safety instructions) giving by the pilot of the Hot air balloon.
The customer is warned that within preparation for the flight as well as during the flight the following acts are prohibited:
-smoking on board the hot air balloon (regardless of the duration of the flight), smoking is prohibited in the parking lot of the Balloon, and also near the Balloon (closer than 50m);
-be in a state of alcoholic or drugs intoxication;
— to make situations that threaten flight safety, as well as the life (health) of passengers and crew members;
-solve hooligan actions and deeds that humiliate the honor and dignity of others;
-to raise the voice, disrespectfully and aggressively treat other participants and the pilot of the Balloon within the flight of the Balloon;
— damage the equipment and property of the Contractor.
The following categories are not allowed on board of the balloon:
-children up to 6 years,
— persons suffering from the disease of the musculoskeletal system and other diseases that may prevent the flight.
The Customer is warned that for a hot air balloon flight there are certain requirements for clothing:
Clothes should be comfortable and sensible, flat-soled shoes without heels, preferably waterproof, the presence of hats or caps is welcomed.
In the event of violations of the prohibitions provided for by the Agreement shall be deemed to be immediately terminated, the provision of services is terminated, the funds are not returned.
The above Annex is made in Russian and English languages. Russian version shall prevail.