Limited liability company «Patefonka» (registered and acting in accordance with the Federal Law of 08.02.1998 No. 14-FZ “On Limited Liability Companies”, main state registration number 1195081053771, tax identification number 5022058740, registration reason code 502201001, location of a legal entity: 140415, Moscow Region, Kolomna, Umanskaya st., 3-d, pr. №1, room №8 represented by the General Director Taeva Olga Vladimirovna, acting on the basis of the Charter, hereinafter referred to as the Contractor, offers to any legal entity and individual person, hereinafter referred to as the Customer, to conclude this Offer Agreement (hereinafter referred to as the Agreement) for the provision of paid hotel services in the hostel «Patefonka». The offer is limited to the number of places and rooms in the hostel.
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, the person performing these actions accepts this offer and becomes the Customer.
Full and unconditional acceptance of this public offer is the implementation by the Customer of payment for the services offered by the Contractor (Article 438 of the Civil Code of the Russian Federation). The text of this Agreement is posted on the hostel website patefonka.ru.
This public offer for the provision of hotel services is an Agreement for the provision of hotel services in the “Patefonka” hostel, located at the address: Kolomna, Umanskaya st., 3-d (hereinafter referred to as the Hostel), is concluded by accepting a public offer for the provision of hotel and other services and regulates the procedure for the provision of services and the obligations arising in this regard between the Contractor and the Customer.
An integral part of this offer are the Rules for the provision of services in the Hostel, approved by the General Director of Patefonka LLC in accordance with the Decree of the Government of the Russian Federation dated November 18, 2020 No. 1853 “On approval of the Rules for the provision of hotel services in the Russian Federation” (The Rules for the provision of services in the Hostel are posted on the official website hostel).
1. SUBJECT OF THE AGREEMENT
1.1. The Contractor provides the Customer with hotel services, a complete list and detailed description of which are published (including information about the room or bed provided, the price of the room and other necessary information) on the website patefonka.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 patefonka.ru website in accordance with the rules for booking rooms or a bed, or on the basis of an application sent by e-mail or orally by phone.
1.2. This agreement has been drawn up in accordance with the requirements of the Civil Code of the Russian Federation, Federal Law “On the Basics of Tourist Activities in the Russian Federation” dated November 24, 1996 No. 132-FZ, Resolution of the Government of the Russian Federation dated November 18, 2020 No. 1853 “On Approving the Rules for the Provision of Hotel Services in the Russian Federation. Federation “, as well as other regulations in force on the territory of the Russian Federation.
1.3. The Contractor applies the following types of booking:
• guaranteed booking is a type of booking in which the Contractor expects the Customer before the checkout time of the day following the day of the scheduled arrival. In case of untimely cancellation of the reservation, late or non-arrival of the consumer, he or the Customer will be charged a fee for the actual idle room (space in the room), but not more than a day. Late cancellation is considered to be a 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.
1.4. Confirmation of the reservation of the services selected by the Customer is, if guaranteed – the fact of making a payment in any way indicated on the website, if not guaranteed – an information letter from the Contractor.
The Contractor has the right to refuse booking if there are no available rooms on the date specified in the application.
1.5. Place of provision of services: Address: Kolomna, Umanskaya street, building 3-d.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor is obliged:
2.1.1. During the validity of this Agreement, provide services to the Customer on their own or with the involvement of third parties.
2.1.2. Timely provide the Customer with the necessary and reliable information about the provided hotel services, ensuring the possibility of their correct choice, instructions for placing an order, about the cost of the provided hotel services in accordance with the price list and methods of payment.
2.1.3. Strictly comply with health and safety standards.
2.1.4. Eliminate deficiencies arising from the provision of services under the Agreement and within the time frame agreed by the Parties.
2.1.5. The Contractor is not entitled to perform additional services for a fee without the consent of the Customer. The Customer has the right to refuse to pay for such services, and if they are paid – to demand from the Contractor to return the amount paid.
2.1.6. Transfer to the Customer all the necessary completed documents related to accommodation in the hostel and the provision of other additional services.
2.1.7. If it is impossible to book on the conditions stated by the Customer, inform the Customer about this and offer a booking on alternative terms.
2.1.8. Accept payment for services from the Customer (including through third parties) after proper ordering and successful booking of hotel services.
2.1.9. At the request of the Customer, provide the following types of services without additional payment:
д) provision of boiling water, needles, threads, one set of dishes and cutlery, other services at the discretion of the contractor.
2.2. The Customer is obliged:
2.2.1. Read the Rules of Residence, this Agreement and other internal regulatory documents related to the provision of the declared services and comply with them.
2.2.2. Do not start placing an order without first reading the rules of the Contractor. If the Customer has started placing the order, then the Contractor has the right to assume that the Customer is fully familiar with and agrees with the rules.
2.2.3. Provide up-to-date contact and personal information when registering and placing an order (full name, phone number, e-mail address, citizenship).
2.2.4. Provide and check when ordering the correctness of all the necessary data for ordering. If the Customer refused to provide the necessary data, or the data turned out to be inaccurate, then the Contractor has the right to refuse to provide services.
2.2.5. Pay for guaranteed booking in full the cost of the first day of the order or the entire amount in full in the manner specified by the Contractor during the ordering process, in case of non-guaranteed booking, pay for the ordered services of the Contractor before arrival in the amount and procedure established by this Agreement and the current price list.
2.2.6. The customer agrees to the processing and storage of his personal data provided for processing and placing an order and providing hotel services.
2.3. The Customer has the right:
2.3.1. Place an order for booking hotel services using the hotel website interface, phone calls 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.
2.3.2. Refuse the order or change the order only after agreement with the Contractor in writing.
2.3.3. Choose a payment method for the order from those offered on the site. The method of payment chosen by the Customer is indicated in the application and must be confirmed by the Contractor. The Customer’s obligation to pay for services is considered fulfilled at the time the funds are credited to the Contractor’s account or at the time the funds are received at the hotel’s cashier.
2.3.4. Check the details of the order on his own in the booking confirmation or application before booking hotel services. The customer is fully responsible for the accuracy and legality of the data he used when placing an order.
2.3.5. The customer has the right to refuse hotel services at any time, and is obliged to make mutual settlements with the accommodation service on the terms of the Hostel in accordance with the Rules of Residence.
2.3.6. When changes are made to the order regarding the essential conditions for the provision of services (change of the hotel, start or end date 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 the change or cancellation of the order is the date of receipt by the Contractor of the corresponding application from the Customer.
2.4. The Contractor has the right:
2.4.1. 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.
2.4.2. Require the Customer to provide documents confirming the accuracy of the provision of personal data during placement.
2.4.3. Require the Customer to pay for the first day of stay or the full cost of the order made, depending on the booking conditions.
2.4.4. Refuse accommodation to the Customer in case of violation of the rules of stay in the Hostel, in 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 order of residence.
2.4.5. Withhold from the Customer or demand payment of the full cost of the services rendered, damage caused by the Customer on the terms of the Hostel specified in the price list.
2.4.6. The procedure for accounting, storage and disposal (destruction) of forgotten things in the Hostel is determined by the Contractor.
3. PROCEDURE FOR BOOKING AND RENDERING SERVICES
3.1. The cost of hotel services, as well as additional services is calculated according to the price list valid at the time of the provision of services.
3.2. In the case of a guaranteed reservation, the room or bed is considered to be booked:
• for Customers – legal entities: when the Customer makes 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 another agreement shall apply.
• for Customers – individuals: upon receipt of an advance payment to the account of the Contractor or to the Hostel’s cashier (according to the conditions of the Contractor’s booking).
3.3. In case of payment by bank card via the Internet, the Customer undertakes to use only the bank card belonging to the Customer. In order to avoid fraud, the Contractor has the right to check the payment and to resolve any possible questions that have arisen, contacts the Customer.
3.4. Services are provided in accordance with the availability of free places in the Hostel on the date of arrival of the Customer. For guaranteed reservations, rooms are provided in accordance with the application for accommodation. The guaranteed reservation is kept until the checkout time of the day following the day of the confirmed arrival of the Customer at the Hostel. If the Customer is late for more than a day, the guaranteed booking is canceled.
3.5. In the case of a non-guaranteed reservation, the room is retained by the Customer until 11:59 PM of the day of arrival, or if the Customer calls back one day before the date of arrival, or informs about it in writing (by e-mail), then the reservation is canceled.
3.6. Payment for accommodation in the Hostel is charged in accordance with the uniform checkout time. The Contractor has established the following check-in and check-out procedure: check-in time – 2:00 PM local time, check-out time – 12:00 PM local time.
3.7. The estimated time is set at the time of key collection at the accommodation service.
3.8. In case of delay, the Customer will be charged, in addition to the booking fee, also a fee for the actual idleness of the room, bed (space in the room), but not more than a day. If the Customer is late for more than a day, the reservation is canceled.
4. LIABILITY OF THE PARTIES
4.1. The Customer represents the interests of all persons indicated in the order, and is personally liable to the Contractor for the correctness of the information about them provided in the application, for the fulfillment by all persons of all obligations, including the obligation to pay for the order and pay a fine in case of refusal to provide hotel services (including not check-in).
4.2. The Contractor is not responsible for the discrepancy of the provided service to the expectations of the Customer and his subjective assessment.
4.3. The Contractor shall not be liable in the event of failure to provide or inadequate provision of services on its part or on the part of third parties, which arose due to inaccuracy, inadequacy or untimeliness of supporting information and documents provided by the Customer, as well as arising from other violations of the terms of this Agreement by the Customer.
4.4. The customer, in accordance with the legislation of the Russian Federation, compensates for damage in case of loss or damage to the property of the Hostel, and is also responsible for other violations.
4.5. For all other issues not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. All possible disputes arising from the provisions of the Agreement will be resolved in the courts of the Russian Federation in accordance with the current legislation of the Russian Federation.
5. FINAL PROVISIONS
5.1. This Agreement begins to operate from the moment the Parties start placing accommodation (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 a guest card upon check-in at the Hostel, and is valid until the expiration of the time paid for by the Customer in the Hostel.
5.2. Information about the room or bed provided, the cost of hotel services and the period of stay (dates of arrival and departure), the reservation number is indicated in the invoice and payment receipt.
5.3. The Customer has the right to refuse the services of the Contractor at any time. Refusal of the Customer entails the termination of all obligations of the Contractor to him from the moment of such refusal.
5.4. The Contractor has the right to unilaterally terminate this Agreement.
5.5. The Contractor has the right to change the terms of this Agreement and its Appendices, introduce new Appendices to this Agreement without prior notice. The customer, knowing about 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 agreement with it. The Customer is guaranteed the confidentiality of the data provided by him for the purpose of booking hotel services.
5.6. In everything that is not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
