Public offer agreement
for the provision of hotel services
hotel "RedPoint", Krasnodar
Russian Forest Limited Liability Company (OGRN 1112312010040, TIN 2312186570, legal address: 350005, Russian Federation, Krasnodar Territory, Krasnodar, Congressnaya St., 4, office 108) represented by General Director Anatoly Andreevich Vinogradov, acting for on the basis of the Charter, hereinafter referred to as the "Contractor", invites any legal entity and individual, hereinafter referred to as the Customer, to conclude this Offer Agreement (hereinafter referred to as the Agreement) for the provision of paid hotel services at the RedPoint Hotel in Krasnodar.
1. General Provisions
1.1. This Public Offer Agreement is addressed to an indefinite circle of persons with an official public offer to conclude an agreement on the provision of hotel services in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation. If the conditions set out below are accepted and the services are paid for, the person making the acceptance of this offer becomes the Customer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the acceptance of the offer is tantamount to concluding an agreement on the conditions set forth in the offer), and the Contractor and the Customer jointly become the Parties to this agreement .
1.2. The Agreement is considered concluded and becomes effective from the moment you perform the actions provided for in the Offer and signify your unconditional accession to all the terms of the Offer without any exceptions or restrictions.
1.3. In connection with the above, carefully read the text of this public offer and read the price list of services posted on the redpoint.ru website. If you do not agree with any clause of the offer, the Contractor invites you to refuse to use the services.
2. Definitions used in this agreement
For the purposes of this offer, the following terms and definitions are used in the following meanings:
Agreement - an agreement between the Consumer / Customer and the Contractor on the provision of hotel and other additional services, which is concluded through Acceptance (payment for these services) of the Offer;
Offer - this document, which is a proposal to conclude a transaction, which sets out the essential terms of the contract, addressed to an unlimited number of persons. If the Consumer / Customer accepts the offer (expresses consent and accepts it), this means the conclusion between the parties of the proposed contract on the conditions specified in the offer. The fact confirming the acceptance of this offer and the conclusion of the contract by the Consumer/Customer of services is its acceptance, namely: payment for the Contractor's services;
Offer acceptance - full and unconditional acceptance by the Consumer / Customer of the offer by paying for the services provided by the Contractor under this agreement. The acceptance of an offer creates a contract;
Services of the Contractor - a set of services to ensure temporary accommodation in a hotel, including related additional services, the list of which is determined by the Contractor (hereinafter referred to as services).
Hotel - a property complex (building, structure, equipment and other property) intended for the provision of hotel and other additional services.
Customer / Consumer - an individual or legal entity intending to order or purchase, or ordering (purchasing) using the Contractor's hotel and other additional services solely for personal needs and other needs not related to business activities, as well as paying for services (offer acceptance ).
Contractor / Hotel - an organization that provides the Consumer / Customer with hotel and other additional services, as well as independently establishes the rules for staying in a hotel and using services that do not contradict the current legislation of the Russian Federation;
The price of a room (the price of a place in a room) is the cost of temporary accommodation and other related services, which is set by the Contractor to be the same for everyone, except in cases where the legislation of the Russian Federation or local regulations of the Contractor allow the provision of benefits and benefits for certain categories of Consumer/Customer.
Individual accommodation - accommodation of the Consumer / Customer on one application in the amount of not more than 5 (five) people;
Group accommodation - accommodation of the Consumer / Customer on one application, for which at least 5 (five) hotel rooms are provided, regardless of category, for simultaneous residence, while the arrival of all clients takes place on the same day;
This public offer for the provision of hotel services is an Agreement for the provision of hotel services at the RedPoint Hotel in Krasnodar (hereinafter referred to as the hotel), located at the address: 350005, Russian Federation, Krasnodar Territory, Krasnodar, st. Congressnaya d. 4, is concluded by accepting a public offer for the provision of hotel and other services (hereinafter referred to as the offer) and regulates the procedure for the provision of services and the obligations arising in connection with this between the Contractor and the Customer.
The text of this offer is posted on the official website of the Contractor https://redpoint.ru/public-offer-agreement
An integral part of this offer is the Internal Rules for Reception and Accommodation at the RedPoint Hotel in Krasnodar, approved by the General Director of Russian Forest LLC, in accordance with Decree of the Government of the Russian Federation of November 18, 2020 N 1853 (as amended on April 1, 2021) "On approval of the Rules for the provision of hotel services in the Russian Federation".
3. Subject of the offer
3.1. The subject of this offer is the provision of hotel and other additional services to the Customer on the terms of this offer and in accordance with the tariff packages published on the website https://redpoint.ru. The Contractor provides the Customer with hotel services, a complete list and detailed description of which is published (including information about the room provided, the price of the room and other necessary information) on the website https://redpoint.ru, after their preliminary booking and payment. The choice and booking of services is carried out by the Customer independently using the interface of the site https://redpoint.ru in accordance with the rules for booking rooms or on the basis of an application sent by e-mail or verbally by phone
3.2. Hotel services mean the provision of hotel accommodation services, event services, and other additional services to the Customer. Other additional services are understood as: meals, transfers, banquets, organization of a forum, conferences, etc.
3.3. This agreement is drawn up in accordance with the requirements of the Civil Code of the Russian Federation, Federal Law of November 24, 1996 N 132-FZ (as amended on July 2, 2021) "On the basics of tourism activities in the Russian Federation", Decree of the Government of the Russian Federation of November 18, 2020 N 1853 (as amended dated 04/01/2021) "On approval of the Rules for the provision of hotel services in the Russian Federation", as well as other regulatory acts in force on the territory of the Russian Federation.
3.4. The Contractor applies the following types of booking:
guaranteed booking - a type of booking in which the Contractor expects the Customer until the check-out time of the day following the day of the scheduled arrival. In case of untimely cancellation of the reservation, delay or non-arrival of the consumer, he or the Customer will be charged for the actual downtime of the room (place in the room), but not more than a day. Late cancellation is considered to be cancellation of the order less than 24 hours from the date of the planned arrival.
non-guaranteed booking - a type of booking in which the Contractor waits for the Customer until a certain hour set by the Contractor on the day of arrival, after which the booking is canceled.
3.5. Confirmation of the booking of the services selected by the Customer is, with guaranteed - the fact of making a payment by any method indicated on the site, with non-guaranteed - an information letter from the Contractor. The Contractor has the right to refuse booking if there are no free rooms on the date specified in the application.
3.6. Place of provision of services: 350005, Russian Federation, Krasnodar Territory, Krasnodar, st. Congressnaya d. 4, hotel (hotel) "RedPoint", Krasnodar.
4. Rights and obligations of the parties
4.1. The customer has the right:
4.1.1. Place an order for booking hotel services using the interface of the hotel website, a phone call and other methods indicated on the website. At the same time, the Customer acknowledges that in the case of using the Contractor's service, he fully and unconditionally accepts the terms of the Agreement, regardless of how the order was made.
4.1.2. Refuse the order or change the order only after agreement with the Contractor in writing.
4.1.3. Choose a payment method for the order from those offered on the site. The payment method chosen by the Customer is indicated in the application and must be confirmed by the Contractor. The Customer's obligation to pay for the services is considered fulfilled at the moment the funds are credited to the Contractor's settlement account or at the moment the funds are received at the hotel cash desk.
4.1.4. Check the booking details on the booking confirmation or application before booking hotel services. The customer is fully responsible for the accuracy and legitimacy of the data used by him when placing an order.
4.1.5. The Customer has the right to refuse hotel services at any time, while being obliged to make mutual settlements with the accommodation service on the terms of the Hotel in accordance with the Rules of Residence.
4.1.6. When making changes to the order regarding the essential conditions for the provision of services (change of the hotel, start or end date of the provision of services, etc.), these changes are considered a new order for booking hotel services, while the initial order is subject to cancellation. The date of change or cancellation of the order is the date of receipt by the Contractor of the relevant application of the Customer.
4.2. The contractor has the right:
4.2.1. Require the Customer to adhere to all procedures for ordering and booking hotel services strictly according to the rules set out on the website and in this Agreement.
4.2.2. Require the Customer to provide documents confirming the accuracy of providing personal data during placement.
4.2.3. Require the Customer to pay for the first night of stay or the full cost of the order, depending on the conditions of the reservation.
4.2.4. To refuse accommodation to the Customer in case of violation of the rules of stay at the Hotel, in case of violation of the terms of payment for the declared services, in case of refusal to agree with the terms of the Agreement and internal regulatory documents that determine the procedure for accommodation.
4.2.5. Withhold from the Customer or require payment of the full cost of the services rendered, caused by the damage caused by the Customer on the terms of the Hotel specified in the price list.
4.2.6. Independently determine the procedure for accounting, storage and disposal (destruction) of forgotten things in the hotel.
4.3. The customer is obliged:
4.3.1. Get acquainted with the Rules of Residence, with this Agreement and other internal regulatory documents related to the provision of the declared services and comply with them.
4.3.2. Do not start placing an order without first reading the rules of the Contractor. If the Customer has started placing an order, the Contractor has the right to consider that the Customer is fully acquainted with and agrees with the rules.
4.3.3. Specify up-to-date contact and personal information when registering and placing an order (full name, phone number, e-mail address, citizenship).
4.3.4. Specify and check when ordering the correctness of all the necessary data for placing an order. In the event that the Customer refused to provide the necessary data, or the data turned out to be unreliable, the Contractor has the right to refuse to provide services.
4.3.5. With guaranteed booking, pay in full the cost of the first day of the order or the entire amount in the manner specified by the Contractor in the process of placing an order, in case of non-guaranteed booking, pay for the ordered services of the Contractor before arrival in the amount and manner established by this Agreement and the current price list.
4.3.6. The customer agrees to the processing and storage of his personal data provided for processing and placing an order and providing hotel services.
4.4. The contractor is obliged:
4.4.1. Provide the Customer with the necessary information to place an order.
4.4.2. Accept payment for services from the Customer (acceptance of this offer).
4.4.3. Respond to customer requests in a timely manner.
4.4.4. Respect the confidentiality of the information provided to him.
4.4.5. Provide timely and quality services in accordance with the terms of this agreement and with the internal rules of hotel accommodation.
4.4.6. Issue to the Customer documents on the cost, payment and terms of residence.
4.4.7. Provide round-the-clock registration of the arrival / departure of the Customer.
5. Payment procedure
5.1. The cost of hotel services, as well as additional services, is calculated according to the price list valid at the time of provision of services.
5.2. In the case of a guaranteed reservation, the room is considered reserved for the Customers:
– legal entities: when the Customer makes a 100% prepayment for hotel services. If there is an agreement between the Contractor and the Customer that establishes other terms of payment, the terms of the other agreement shall apply.
- individuals: upon receipt of an advance payment to the account of the Contractor or to the cash desk of the Hotel (according to the conditions of the Contractor's booking).
5.3. In case of payment by a bank card via the Internet, the Customer undertakes to use only a bank card belonging to the Customer. In order to avoid fraud, the Contractor has the right to check the payment and contact the Customer to resolve possible issues that may arise.
5.4. Services are provided in accordance with the availability of rooms in the Hotel on the date of the Customer's arrival. With a guaranteed reservation, places are provided in accordance with the application for accommodation. A guaranteed reservation is kept until the checkout time of the day following the day of the confirmed arrival of the Customer at the Hotel. If more than a day late, the guaranteed booking will be cancelled.
5.5. In the case of a non-guaranteed reservation, the room is retained by the Customer until 18:00 on the day of arrival, or if the Customer calls back a day before the date of arrival, or informs about it in writing (by e-mail), then the reservation is canceled.
5.6. Payment for accommodation at the hotel is charged in accordance with a single checkout time.
The contractor has established the following order of arrival and departure:
check-in time is 14:00 local time, check-out time is 12:00 local time.
5.7. The estimated time is set at the time of handing over the keys to the accommodation service.
5.8. If the Customer is late, in addition to the booking fee, he will also be charged for the actual downtime of the room (place in the room), but not more than for a day. If more than a day late, the reservation will be cancelled.
6. Liability of the parties
6.1. For non-fulfillment or improper fulfillment of obligations under this offer, the Contractor and the Customer are liable in the manner and in the amount provided for by the current legislation of the Russian Federation.
6.2. Material damage incurred in the event of loss or damage to the Contractor's property caused by the Customer must be reimbursed by the Customer in full, according to the Contractor's tariffs, on the basis of the act drawn up and the invoice issued for payment.
6.3. In the event that the Customer violates the requirements of Federal Law No. 15-FZ dated February 23, 2013 “On protecting the health of citizens from exposure to second hand tobacco smoke and the consequences of tobacco consumption”, the Customer, in accordance with the Contractor’s tariffs, is obliged to pay the fine in full, according to the Contractor’s price list .
6.4. Taking into account that monetary obligations may arise between the Customer and the Contractor during the execution of this offer, the Customer and the Contractor do not have the right to receive interest on the amount of debt for the period of use of funds (legal interest). The provision of civil legislation on legal interest (Article 317.1 of the Civil Code of the Russian Federation) is optional.
6.5. The customer is responsible for:
In case of untimely refusal from the guaranteed reservation, late arrival or non-arrival of the Customer.
It is charged in the amount of the actual downtime of the room (place in the room), but not more than 1 (one) day.
6.6. The Contractor is not responsible for the discrepancy between the actually provided services and the subjective expectations and ideas of the Customer about such services.
6.7. The Parties are released from liability for improper performance or non-performance of obligations under the Agreement, if they prove that such was impossible due to force majeure circumstances, that is, extraordinary and unavoidable circumstances under essential conditions. The occurrence of force majeure circumstances must be confirmed by an official document of the competent authority, otherwise it is not a basis for exemption from liability.
7. Duration of the contract
7.1. This offer comes into force from the moment of payment of the invoice, which is a full and unconditional acceptance of the terms of this offer by the Customer. From the moment of full and unconditional acceptance of this offer, the Customer becomes a Party to the Agreement.
7.2. This offer is concluded for an indefinite period.
7.3. The Customer acknowledges the fact that any changes in the offer that occur after its acceptance between the Customer and the Contractor are valid, and these changes under the agreement come into force simultaneously with the same changes in the offer.
7.4. The Contractor reserves the right to early termination of the offer in case of violation by the Customer of its terms.
8. Ensuring the confidentiality of information
8.1. By accepting this offer, the customer agrees to the processing of his personal data, and also assumes obligations to ensure the necessary procedure for access to work with confidential information, in accordance with the requirements of Federal law (Federal laws dated July 27, 2006 No. 152-FZ "On personal data”, “On information, information technologies and information protection” dated July 27, 2006 No. 149-FZ).
8.2. The processing of personal data by the Contractor in the interests of the Customer consists in obtaining, systematizing, accumulating, storing, using, distributing, depersonalizing, blocking, destroying and protecting the Customer's personal data from unauthorized access. Consent to the processing of personal data is not required, since the processing of personal data is carried out in order to fulfill this offer, one of the parties to which is the subject of personal data - the Customer.
8.3. At the end of the provision of hotel and other additional services, the Parties ensure the proper storage of confidential information that became known to them in the process of fulfilling contractual obligations about the existing system of organizational, legal and regime measures for the protection of personal data and other information of limited distribution within the period prescribed by law, and destroy it when necessary, in the prescribed manner.
9. Final provisions
9.1. This Agreement shall enter into force from the moment the Parties begin the process of registration of accommodation by the Parties (upon the occurrence of one of the following events): personal filling out by the Customer of a questionnaire of the established form (or ordering hotel services in the booking form); payment by the Customer for the services provided in cash or non-cash form; issuance by the Contractor of documents of the established form, confirming the receipt of funds from the Customer, signing the guest card upon check-in at the Hotel, and is valid until the expiration of the time paid by the Customer to stay at the Hotel.
9.2. Information about the room provided, the cost of hotel services and the period of stay (dates of arrival and departure), the reservation number is indicated on the invoice and payment receipt.
9.3. The Customer has the right to refuse the services of the Contractor at any time. The refusal of the Customer entails the termination of all obligations of the Contractor to him from the moment of such refusal.
9.4. The Contractor has the right to unilaterally terminate this Agreement.
9.5. The Contractor has the right to change the terms of this Agreement and its Annexes, introduce new Annexes to this Agreement without prior notice. The customer, being aware of the possibility of such changes, agrees that they will be made. If the Customer continues to use the services of the Contractor after such changes, this means his acceptance of them. The customer is guaranteed the confidentiality of the data provided by him for the purpose of booking hotel services.
9.6. The parties are obliged to take measures to resolve disagreements out of court through negotiations.
9.7. In case of failure to reach an agreement, disputes and disagreements arising in the course of execution, changes, termination of this Agreement are subject to consideration in the Arbitration Court of the Krasnodar Territory.
9.8. The Parties unconditionally agree to consider the information specified by him when filling out the Application and the Questionnaire as the details of the Customer.
9.9. In everything that is not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
10. Addresses and details of the Contractor
General Director of Russkiy les LLC - Anatoly Andreevich Vinogradov
Chief Accountant of Russkiy les LLC - Ekaterina Alekseevna Russ