Terms of agreement

PUBLIC CONTRACT FOR TOURIST SERVICES

This User Agreement (hereinafter referred to as the Agreement) governs the relationship between SIAM MARO CO.LTD on the one hand and the User of the SVOI.TRAVEL website (hereinafter referred to as the Site) on the other.

SIAM MARO CO.LTD (Ratsada, 125/360 Pracha-Uthit 5 Rd, Ratsada, Mueang Phuket District, Phuket 83000, Thailand, license 0835565024920), invites any individual, hereinafter referred to as the Tourist, to accept this offer and enter into this Public Agreement ( Offer).

The offer is public and its conditions are the same for all consumers.

The contract is concluded by accepting the offer. Acceptance of the offer is the full and unconditional consent of the Tourist to the terms of the Offer recognized by the conclusion of the Agreement by filling out the Order online in accordance with the requirements of this Offer or signing the Order at the office of the Travel Agent.

Full and unconditional acceptance of the offer is the implementation by the Tourist of actions to fulfill the terms of the contract specified in the offer, including making full or partial payment under the contract.

The Offer may be revoked by the Travel Agent at any time prior to its acceptance.

1. DEFINITIONS

1.1. Travel agent - SIAM MARO CO.LTD (SVOI.TRAVEL) is a business entity that sells a tourist product in Thailand and has the right to carry out travel agency activities in accordance with the current legislation of Thailand.

1.2. Tourist - an individual who has booked a Tour Product through the SVOI.TRAVEL Resource or by phone and made a payment for the booked Tour Product. The acceptor of this Public Offer, any capable natural person who has reached the age of 18, who has the legal right to enter into a contractual relationship with the Travel Agent, including booking or buying travel services, or indicated as the recipient of the service, or otherwise using the services purchased from the Travel Agent, exclusively for personal, domestic and other needs not related to the implementation of entrepreneurial activities.

1.3. Tour Operator - a legal entity that forms and provides the Tourist Product, on behalf of, on behalf of and on the terms of which the Travel Agent sells the Tourist Product.

1.4. Tour Operator's resource - the Tour Operator's website, available at: SVOI.TRAVEL, which contains information about the tourist products that the Tour Operator offers for sale to Tourists.

1.5. Tourist product - a developed set of tourist services, including the Tour, which the Tour Operator offers for sale to Tourists on the terms specified in this Agreement and the Annexes to the Agreement. Tourist product on demand - a set of tourist services without specifying the exact dates of the event, the cost of which depends on the number of Tourists and other conditions. The cost of such a product is formed by the Travel Agent after receiving the Application of the Tourist.

1.6.Tour - a tourist trip along a specific route within a specific timeframe, in which a set of tourist services is defined.

1.7. Appendix to the Agreement - a page on the Tour Operator's Resource, which contains a description (program) of a specific Tourist product and the essential conditions for the sale of the Tourist product to the Tourist.

1.8. Order Form - an additional window with fields open for filling, which appears in the Appendix to the Agreement when the Tourist orders the selected Tourist product on the Tour Operator's Resource.

1.9. Online Booking System - a software package, an order processing system that receives data from the Tour Operator's Resource and in which the interaction between the Travel Agent and the Tour Operator is carried out to process Tourist Orders received through the Order Form.

2. SUBJECT

2.1. The Travel Agent undertakes, on behalf of the Tour Operator, to provide the Tourist with a set of travel services (tourist product) in accordance with the Tourist’s Application completed on the SVOI.TRAVEL Website (hereinafter referred to as the Order) and confirmed by the Travel Agent, and the Tourist undertakes to accept and pay for them under the terms of this Agreement.

2.2. The Tourist undertakes to fulfill the obligations imposed on him by the Agreement and the relevant Annex to the Agreement, as well as the organizational rules of the corresponding tour.

2.3. Wherever the text of the contract specifies the obligations of the Tourist, it also refers to the obligations of third parties in whose interests the Tourist acts, persons accompanying him (accompanied by him), including minors (hereinafter referred to as tourists or trip participants).

2.4. The Tourist transfers funds to the Travel Agent, provides information and documents necessary for the provision of services.

2.5. Description (program), essential conditions for the implementation of a particular tourist product are specified in the relevant annexes to the Agreement, including:

2.5.1. the period (start and end dates) of the provision of the Tourism Product or the timing (duration) of the provision of services for the Tourism Products upon request (without scheduled dates);

2.5.2. time and place of departure and return (if transportation is provided)

2.5.3. characteristics, category of placements (in case of placement);

2.5.4. nutritional information (when providing meals)

2.5.5. types of excursion services and other services included in the cost of the Tourist Product (if provided);

2.5.6. the cost of the Tourist product;

2.5.7. other conditions relating to the implementation of a particular Tourist product;

2.5.8. insurance information.

3. ORDER AND BOOKING

3.1. The Tourist orders the Tourist Product by filling out the Order Form, which appears in the relevant Annex to the Agreement when placing an order for the selected Tourist Product.

3.2. After the User places an order through the Order Form, it is subject to processing by the Travel Agent. Based on the results of processing, the user is sent a confirmation of the Order Form in the form of an e-mail (clarification of order details, individual program, invoice, payment details) or a refusal to confirm the order. If it is impossible to confirm the application, the Travel Agent has the right to put the user on the waiting list.

3.3. Confirming the application, the Travel Agent offers the user a choice of a convenient option for him to pay for the cost of the Tourist Product, which is sent to the user's email address registered in the on-line booking system.

3.4. The Tourist's refusal from the ordered Tourist product is possible before the payment for the ordered Tourist product is made.

3.5. The Travel Agent makes a reservation of the Tourist Product ordered by the Tourist after the Tourist pays at least 50% of the cost of the ordered Tourist Product within 1 (one) working day from the date of receipt of funds to the settlement account of the Travel Agent.

3.6. The refusal of the Tourist from the booked Tourist Product before the start of consumption of the Tourist Product is possible only on the terms of this Public Offer.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The travel agent undertakes:

4.1.1. Ensure the provision of services in full and within the time specified in this Agreement;

4.1.2. Provide the Tourist with information about the organization of the tour; the rights, obligations and rules of conduct of the Tourist, the terms of insurance, the procedure for compensation for damages, the conditions for refusing services and other information;

4.2. The travel agent has the right:

4.2.1. Receive from the Tourist the personal data necessary for the implementation of the tour in full: full name, date of birth, TIN of each tourist;

4.2.2. Do not insure tourists who have not provided personal data: TIN / passport number or date of birth;

4.2.3. Change the sequence of excursion and cultural events in the Tourist Products without reducing the number of days and excursions;

4.2.4. Change the type of transport service / hotel of the same category in the Tourist Products without prior notice to the Tourist;

4.2.5. Remove a tourist from the program if he appeared to board the bus in a state of intoxication.

4.2.6. Refuse to comply with the terms of this Public Offer and return the amount paid by the Tourist in the event of:

a) the occurrence of force majeure circumstances in which the provision of services is impossible;

b) non-fulfillment by the Tourist of the conditions stipulated in clause 4.3.1. and 4.3.2.;

c) understaffing of the group to the volumes necessary for the trip, while it is obligatory to notify the Tourist about this by e-mail or by phone at least 3 days before departure for tours lasting from 2 days if tourists reach the place of gathering of the group by train, do not less than 2 days for bus tours of tours lasting more than 2 days, at least 18 hours before the start of the tour for one-day tours and excursions.

4.3. The tourist undertakes:

4.3.1. Provide the Travel Agent with the information and documents necessary for booking and implementing the Tour: full name, date of birth, TIN, series and passport number of all Tour participants for whom the Tourist booked the Tour;

4.3.2. Pay the cost of the Tour within the terms specified in paragraph 5 of this Agreement;

4.3.3. Observe the rules of conduct and requirements for the preservation of cultural and natural objects, observe the cleanliness of the environment, observe the rules of public order, and observe the internal regulations.

5. COST OF THE TOUR AND PAYMENT PROCEDURE

5.1. The cost of the Tourist Product is indicated in a specific Annex to the Agreement. For Tourist Products upon request, after receiving the Tourist's Application, the Travel Agent forms the final cost of the Tourist Product based on the information provided by the Tourist and notifies the Tourist about it by e-mail.

5.2. The Tourist has the right to pay for the Tour by any of the methods offered by the Travel Agent.

5.3. The payment is considered to be made by the Tourist at the moment of confirmation of a successful transaction by the bank or the payment system of the Travel Agent.

5.4. Prepayment for the Tour must be made within 3 business days. The absence of an advance payment for the Tour on the account of the Travel Agent after the expiration of the specified period entitles the Travel Agent to cancel the Tourist's Order.

5.5. Full payment for the tour must be made no later than 7 working days before the start date of the tour. Non-payment or incomplete payment of the Tour within the agreed time frame is considered as a refusal of the Tour by the Tourist, as a result of which the Travel Agent reserves the right to cancel the booking of tour services with the deduction of the funds paid (in accordance with paragraph 6.1. of this Offer).

5.6. Settlements between the Tourist and the Travel Agent are carried out in accordance with the current legislation of Ukraine.

5.7. Bank commissions. Banks may charge a fee for transferring or receiving funds from a card or account. When transferring (receiving) funds, the Travel Agent pays only the commission charged by the Travel Agent's bank. The fees charged by the Tourist's bank are paid by the Tourist.

6. RESPONSIBILITIES OF THE PARTIES

6.1. In case of termination of the Agreement at the initiative of the Tourist before the start of the provision of Tourist services, the amount paid is returned to the Tourist with deduction of penalties:

period up to 16 days before the start of the tour - 10% of the cost of the tour is withheld,

from 15 to 11 days before the start of the tour - 25% of the cost of the tour is withheld,

from 10 to 8 days before the start of the tour - 50% of the cost of the tour is retained,

from 7 - 5 days before the start of the tour - 75% of the cost of the tour is retained,

less than 4 days before the start of the tour - 100% of the cost of the tour is retained.

6.2. On claims for quality of service, the fact of non-provision of tourist services, the Tourist is obliged to inform the receiving party (representative of the Travel Agent) at the place of provision of services. The tourist's claim must be recorded in writing, certified by the signature of the official representative of the host country (representative of the Travel Agent) and submitted for consideration by the Travel Agent with all supporting documents / photographs, no later than 14 days from the date of return from the trip.

7. TERM AND TERMINATION AND ADDITIONAL TERMS

7.1. This Public Agreement comes into force from the date of its placement on the Tour Operator's Resource and is valid indefinitely. The provisions of this paragraph also apply to additions (changes) to this offer.

7.2. The offer is terminated by the fulfillment by the Parties of their obligations in accordance with its terms or by mutual agreement of the Parties.

7.3. The Tourist confirms his consent to participate in the loyalty programs conducted by the Travel Agent and the Tour Operator and grants the right to the Travel Agent and the Tour Operator for this purpose to use the personal data of the Tourist specified when purchasing the Tour.

7.4. By accepting this offer, the Tourist confirms that he acts voluntarily, of his own free will, he has the authority to sign the contract on behalf of all persons who, together with the Tourist, will use the service and that they, the persons following him, are familiar with all the information. He also confirms that at the time of the Tourist's purchase of the Tour, his age was over 18 years.

8. PRIVACY AGREEMENT

Subject of the agreement

8.1. This confidentiality agreement (hereinafter referred to as the “Agreement”) is an integral part of the Public Offer, establishes the processing procedure, including collection, receipt, systematization, accumulation, clarification (updating, changing), storage, use, disclosure, transfer to others to persons, the destruction of the personal data of the Tourist, which FLP Pavlik I.V., acting on behalf of and in the interests of Magic Travel LLC (hereinafter referred to as the party to the Agreement - the "Travel Agent") receives from the Tourists under this PUBLIC AGREEMENT (hereinafter - the "Agreement").

8.2. In order for the Tourist to receive one or more Tourist services, in particular, but not exclusively: services in accordance with the Agreement, he is obliged to express his full consent to the terms of the Agreement. The fact of acceptance of the Offer means its full agreement with the terms of the Agreement.

8.3. The Tourist is not entitled to use the services of the Travel Agent if he does not agree with the terms of the Agreement, or if he has not reached the legal age when he has the right to enter into agreements with the Travel Agent.

8.4. The Tourist gives his unequivocal consent to the terms of the Agreement, and grants the Travel Agent the right to receive, store, process, use and disclose personal data of the Tourist and / or authorized persons under the terms of the Agreement and the Agreement, including for the purpose of receiving by the Tourist advertising messages about Tourist products that implemented by the Travel Agent.

8.5. Making changes to the confidentiality agreement

8.5.1. The Travel Agent may change the terms of the Agreement. Please review the terms of the Offer and the Agreement from time to time.

8.5.2. All changes to the Agreement come into force from the moment of their publication. By accepting the Offer, the Tourist confirms his unambiguous agreement with the new terms of the Agreement in the version valid at the time of acceptance.

8.5.3. The Travel Agent is not responsible for damages or losses incurred by the Tourist or third parties as a result of an erroneous understanding or misunderstanding of the terms of the Agreement, instructions or instructions on the procedure for using the Resource of the Tour Operator regarding the procedure for placing data and other issues.

8.6. Additional terms

8.6.1. In the event that any provision of the Agreement, including any sentence, paragraph or part, is found to be contrary to law, or invalid, this will not affect the remaining provisions that are not contrary to law, they will remain in full force and effect, and any invalid provision, or a provision that cannot be fulfilled, without further action by the Parties, shall be considered amended, corrected to the extent necessary to ensure its validity and the possibility of implementation.

8.6.2. The Agreement applies to the Tourist from the moment the Tourist accepts the Offer and is valid as long as any information about the Tourist, including personal data, is stored.