Public offer contract for the provision of services

online contract https://pinewood.by

This PUBLIC OFFER AGREEMENT (hereinafter referred to as the "Agreement") defines the procedure of rendering services (hotel accommodation, organisation of transfers, tours, intercepted parking and other related services), hereinafter referred to as the "Services", as well as mutual rights, obligations and procedure of relations between Pinewood LLC (Certificate of State Registration No. 192247362 dated 31.03.2014), hereinafter referred to as the "Contractor" and the customer of services, hereinafter referred to as the "Customer", who accepted the public offer (Offer) to conclude this Agreement.

1. DEFINITIONS USED IN THIS CONTRACT

1.1 The following terms and definitions are used in this Agreement and shall be used in the following meaning:

Agreement - an agreement between the Customer and the Contractor for the provision of hotel accommodation services, organisation of transfers, tours, intercepted parking, seminars, trainings and other related services, other activities aimed at recreation and recovery, which is concluded through payment of the Offer.

Offer - this document, public agreement. Publication (placement) of the text of the public contract on the website https://pinewood.by is a public offer addressed to a wide range of persons for the purpose of rendering certain types of services (Clause 2, Article 407 of the Civil Code of the Republic of Belarus). The fact confirming the conclusion of the public contract on the part of the Customer of services is its payment - acceptance (Clause 3, Article 408 of the Civil Code of the Republic of Belarus).

Acceptance of the Offer - full and unconditional acceptance of the Offer by performing the actions specified in clause 5.3. of this Agreement. Acceptance of the Offer creates the contract.

The Contractor - Pinewood Limited Liability Company.

Customer - a legally capable natural person who has reached the age of 18 years, who has the legal right to enter into contractual relations with the Contractor, including placing an order or booking services on the website https://pinewood.by, who is a consumer of services under the Contract or a third person who orders and pays for services under the concluded Contract.

Guest - a person indicated as a recipient of the service or otherwise using the services purchased on https://pinewood.by solely for personal and other needs not related to business activities.

Website - the Contractor's information resource in the Internet, located at https://pinewood.by, through which the direct order of services is made.

Order - a duly executed request of the Customer to receive the services provided by the Contractor, placed on the Website.

Hotel means a hotel, aparthotel, apartments, boarding house, sanatorium, tourist resort, holiday home, camping, hostel or other means of temporary accommodation offering accommodation, catering and other services related to the hotel sector to the Customer. For the purposes of this offer contract, the Hotel shall also mean the intermediaries of the Contractor providing reservation services.

Reservation system - an information system containing information regarding the availability of places in the Hotel, as well as additional services, tariffs and rules of their application, including the terms and conditions of the services offered. The information in the reservation system may be changed, deleted or supplemented at any time.

Voucher - an electronic document, issued by the Executor, confirming the Customer's right to accommodation in the Hotel, under the conditions chosen by the Customer, according to the issued and paid Order.

Operator - an employee of the Executor who processes Orders requiring individual processing.

2. SUBJECT MATTER OF THE CONTRACT

2.1 By ordering services at or through the Executor, the Customer agrees to the terms and conditions of the Public Offer Agreement set out below. The Executor renders services to the Customer on hotel accommodation, organisation of transfers, tours, intercepted parking and other related services offered on the Executor's website in accordance with the parameters set by the Customer (date, place of stay, type of the Hotel, its level, room type, number of occupants and other parameters of services), as well as on execution of cancellation of the booked and paid services upon the Customer's corresponding application.

2.2 This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor undertakes to provide Services to an indefinite number of persons (Customers) who have applied for these Services. Full and unconditional acceptance of the terms and conditions of this offer shall be deemed to be the Customer's payment for the reservation services.

2.3 The publication (placement) of the text of this Contract on the website at the following address: https://pinewood.by is a public offer of the Contractor addressed to an indefinite circle of persons to conclude this Contract (Clause 2, Article 407 of the Civil Code of the Republic of Belarus).

2.4 The Contractor reserves the right to make changes to this Agreement, in connection with which the Customer undertakes to regularly monitor changes to the Agreement posted in the "Rules" section of the Contractor's website.

2.5 The Customer agrees with the Agreement by ticking the box "I accept the terms and conditions of the Public Offer Agreement" at the last stage of placing an Order on the Website (Article 398 of the Civil Code of the Republic of Belarus). By agreeing to the terms and conditions of this Agreement, the Customer confirms his right and legal capacity, financial solvency, as well as is aware of responsibility for the obligations imposed on him as a result of conclusion of this Agreement. The Customer confirms the authenticity of his personal data as well as the data of the persons indicated in the Order and assumes all responsibility for their accuracy, completeness and reliability. The Customer assumes all possible commercial risks (registration of a new order, change of tariff, refund, etc.) associated with his actions on making mistakes, inaccuracies in providing the data requested by the Executor when placing the Order.

2.6 The provisions of the current legislation of the Republic of Belarus shall apply to the relations between the Customer and the Contractor. Third party services booked by the Customer for accommodation in the Hotel are governed by the rules of the respective Hotel and the rules of the applicable tariff.

2.7 This Agreement, provided that the procedure for its acceptance is observed, shall be deemed to have been concluded in a simple written form (Clause 2, Clause 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

2.8 The Contractor undertakes to render the Services, and the Customer undertakes to accept the Services rendered by the Contractor and to pay for them in the order and on the terms determined by this Agreement.

2.9 The list of the Services that can be rendered under this Agreement, terms of rendering the Services and other conditions determining the procedure of rendering the Services, as well as other information that is essential for rendering the Services shall be placed by the Contractor on the website https://pinewood.by.

2.10. The Contractor reserves the right to make changes to this Agreement of public offer, in this regard, the Customer undertakes to familiarise himself with the current version of the Agreement and other information posted on the website before receiving the Services.

3. PAYMENT OF THE OFFER AND CONCLUSION OF THE CONTRACT

3.1 This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor undertakes to provide Services to an indefinite number of persons (Customers) who have applied for the said Services.

3.2 The conclusion of this Agreement is made by means of the Customer's accession to this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus). Based on the above, carefully read the text of the offer of the Contract, and if you do not agree with any clause of the offer, you are offered to refuse to use the Service provided by the Contractor.

3.4 The fact confirming the Customer's acceptance of the terms and conditions of this Agreement shall be the Customer's payment for the Services in the order and on the terms and conditions specified in this Agreement (Clause 3, Article 408 of the Civil Code of the Republic of Belarus).

3.5 The present Agreement, provided that the procedure of its payment is observed, is considered to be concluded in a simple written form (Clause 2, Clause 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus) and, accordingly, does not require paper registration and has full legal force.

3.6 This Offer is valid in the version and on the terms and conditions existing at the time of payment.

3.7 Payment for the Services shall be made in accordance with the terms and conditions of this Agreement specified in clause 5.3. of the Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Contractor undertakes to:

4.1.1. to render Services to the Customer in the scope and within the terms agreed by the parties to this Agreement.

4.1.2. by means of posting on the website https://pinewood.by provide the Customer with reliable information on the nature, scope of the Services, place and methods of their provision, cost of the Services, payment terms (if they differ from those specified in clause 5.3.) and other information necessary for fulfilment of the terms and conditions of this Agreement.

4.1.3. to immediately notify the Customer of force majeure circumstances that may affect the scope and quality of the Services rendered by the Contractor by means of posting the actual information on the website https://pinewood.by not later than one calendar day before the date of rendering the Services;

4.2 The Contractor shall have the right to:

4.2.1. unilaterally make amendments, additions to this Agreement, about which the Customer shall be deemed duly notified, from the moment of publication of the amended version of the Agreement on the website https://pinewood.by.

4.2.2. to engage third parties to fulfil its obligations under this Agreement, as well as to use services/works of third parties that ensure the possibility to provide the Services under this Agreement.

4.2.3. require the Customer to observe safety rules, rules of behaviour in public places, careful attitude to the property of the Contractor and third parties;

4.2.4. in case of damage caused by the Customer to the property of the Contractor and/or third parties, to demand from the Customer compensation for the damage caused in full.

4.3 The Customer undertakes to:

4.3.1. comply with safety rules, rules of behaviour in public places, careful attitude to the property of the Contractor and/or third parties, behave respectfully towards other visitors, do not allow actions that create danger for others.

4.3.2. in case of damage caused by the Customer to the property of the Contractor and/or third parties, to compensate the damage caused in full.

4.3.3. to comply with the terms and conditions of this Agreement.

4.3.4. to pay for the Service in accordance with the terms and conditions of this Agreement.

4.4 The Customer shall have the right to:

4.4.1. to demand from the Contractor proper rendering of the Services in accordance with this Agreement

5. COST, SETTLEMENT PROCEDURE

5.1 The cost of services provided under this public offer is determined based on the type of services selected by the Customer and its price, the information about which is available on the website https://pinewood.by and valid immediately at the moment of making a demand for payment for the ordered services.

5.2 The hotel accommodation fee is charged on an hourly basis both before and after the services are rendered. The Customer has the right to pay for the hotel services in advance in full or by making a deposit to the Executor's current account or to make an advance payment in cash to the company's cash desk upon check-in. The deposit is not a commercial loan.

5.3 The cost of the Services under this Agreement shall be paid by the Customer on the terms of 100% prepayment, in cash at the place of provision of the Services or by bank transfer to the Executor's account (according to the details specified at the end of the Agreement) not later than 1 (one) banking day before the moment of provision of the Services.

5.4 The final scope and cost of services rendered shall be determined:

5.5 All expenses of the Customer related to the transfer of funds to the Contractor shall be made by the Customer. Advance and prepayment is not a commercial loan.

5.6 In case of non-cash payment by the Customer, the Contractor shall undertake obligations to provide the Services only after receiving from the Customer the confirmation of payment by submitting the receipt or information to the Contractor's E-mail.

5.7 The final payment for accommodation and rendered services shall be made by the Customer at the moment of departure, taking into account the volume of services provided, in cash or by bank card (VISA, VISA ELECTRON, MASTER CARD, CIRRUS/MAESTRO) at the Executor's cash desk.

5.8 The Customer at the discretion of the Contractor (unilaterally) may be given a discount on accommodation. The accommodation discounts established for the Customer and specified in this Agreement shall not be disclosed.

5.9 The procedure of payment by bank cards is indicated on the Website in the section "Description of the booking procedure"

6. PROCEDURE FOR ACCEPTANCE OF SERVICES RENDERED

6.1 The rendering of Services to the Customer shall not be accompanied by drawing up an act of work performed.

6.2 The provision of the Services under this Agreement shall be confirmed by the fact of consumption by the Customer of the Services rendered to him.

7. LIABILITY OF THE PARTIES

7.1 For failure to fulfil or improper fulfilment of its obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.

7.2 The Contractor shall not be liable under the Offer:

8. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS CANCELLATION

8.1 This Agreement shall be deemed concluded from the moment of payment for the Services by the Customer and shall remain in force till the moment of performance of the Services by the Contractor.

8.2 The Customer unconditionally agrees that in case of cancellation of this Agreement in accordance with clause 7.2 of this Agreement, he loses the right to demand from the Contractor the refund of the amounts paid in payment for the Services, even if the term of validity of these Services has not yet expired.

9. ORDER PLACEMENT

9.1 The Customer shall place an order for booking hotel rooms independently on the Website by making a booking request. In doing so, the Customer specifies the dates of accommodation, hotel level, type of accommodation and other terms and conditions of hotel services. Then the operator contacts the Customer, informs about availability and sends the booking confirmation. The booking service is designed for organising individual travel. Booking of several rooms for the same dates in the same hotel may be considered by the hotel or supplier as a group booking. In this case, the supplier reserves the right to change the terms and conditions of the reservation, including rates, payment terms and cancellation terms. The Provider has the right to cancel such reservations in case the Customer does not agree with the changed booking conditions.

9.2 The level of the Hotel marked with "stars" on the Website is a subjective assessment of the quality of services rendered by the Hotel according to the opinion of service providers and experts of the Executor, is not connected with official classifications of Hotels, may not correspond to them and is defined on the Website solely for the purpose of simplifying the search when choosing a Hotel at the stage of booking. The Executor does not accept and does not consider the claims of the Customers and/or Guests related to non-compliance of the level of the Hotel defined on the Website with the level of the Hotel according to any of the official classifications (including the classification and level of the Hotel defined and indicated by the latter independently).

9.3 The Customer shall familiarise himself/herself with all the terms and conditions of the Order during the booking process. If the Customer is not clear about any terms and conditions of the services provided under the Order, including the terms of refusal of services or the procedure for making any changes to the Order, or if the Customer wants to receive some special services (parking, room for persons with disabilities, accommodation with a pet, additional and baby cots, etc.), the Customer must clarify the necessary information with the Executor before forming and paying for the Order.

9.4 When placing an Order, the Customer shall fill in all fields indicated on the Website as mandatory.

9.5 The Orders placed by the Customer on the Website are final and subject to automated processing in the Executor's Booking System. After the Customer has submitted the completed Order to the Executor's Booking System, a service letter with the status of the Order shall be automatically sent to the Customer to the e-mail address specified when placing the Order and the address specified when registering. After the Customer has paid for the Order, the electronic voucher for accommodation in the relevant Hotel is automatically generated in the Executor's Booking System or issued by the Executor's Operator. The voucher issued by one of the above mentioned methods is placed in the Customer's personal cabinet on the Website, as well as sent to the e-mail address specified when placing the Order and the address specified when registering.

9.6 The Contractor does not guarantee the possibility for the Customer to obtain a visa to the country of entry using the Voucher in case such document is presented by the Customer to the Embassy as a proof of accommodation in the country of stay.

9.7 All terms and conditions of the Order, including any changes to the booked Orders, cancellation of the booked services, as well as other terms and conditions of the Hotel services are governed by the tariff rules for this service, the current legislation of the Republic of Belarus and the country where the Hotel is located, as well as applicable international regulations.

9.8 Check-in and check-out times shall be set unilaterally by the respective Hotel.

9.9 In case the Customer is expected to arrive at the Hotel later than the time specified in the order according to the local time of the Hotel or later than the date chosen by the Customer, the Customer shall notify the Executor of the late arrival time in advance, at least one day before the arrival time set by the Hotel, in order to keep the reservation in the Hotel.

9.10. In case of non-arrival of the Client to the Hotel on the day of arrival chosen by the Client, as well as in case of arrival of the Client on the day following the date of arrival or later without prior notification of the Executor, the Hotel has the right to cancel the reservation by issuing penalties in accordance with the rules on late cancellation of the reservation. The amount of penalties applied to the Customer in case of such an event is established by the Hotel and brought to the Customer's notice after the Executor's agreement with the Hotel, but in any case cannot exceed the cost of the Order.

9.11. The presence in the description of the Hotel of additional services (except for those selected at the time of booking), including therapeutic procedures, does not mean that all or some of these procedures are necessarily guaranteed to be provided to the Customer. The Executor cannot influence the decision of the Hotel and is not responsible for their decisions and actions. In case of refusal to present additional procedures to the Customer, recalculation of the cost of the Order by the Executor cannot be guaranteed and is made only after agreement with the Hotel.

10. CANCELLATION, CHANGE, CANCELLATION OF ORDER

10.1 All conditions of provision of services under the Order, including: making any changes in the issued Orders, cancellation of services, as well as other conditions of provision of services are regulated by the rules of application of the tariff for this service, established by the relevant Hotel and this Offer Agreement. The Customer undertakes to make any changes to the reservation confirmed by the Executor for accommodation in the Hotel only through the Executor. In case of cancellation of the room reservation by the Customer directly at the Hotel without prior application to the Executor, the refund shall be made in accordance with the procedure stipulated in clauses 10.6-10.7 of this Agreement.

10.2 Changes to the number of guests, their names, length of stay, check-in and check-out dates, type of accommodation and other material terms of the Order are available only by placing a new Order and cancelling the previously placed Order.

10.3 In case the Customer wants to cancel the Order for any reason, he/she should cancel it himself/herself in his/her personal cabinet on the website https://pinewood.by or send a letter of cancellation to the e-mail address cancel@pinewood.by or by filling in the feedback form on the Website. If the Customer is unable to do so (no access to the Internet, etc.), the Customer shall contact the Operator by phone and cancel the Order orally.

10.4 The order is considered cancelled after the Executor assigns to it the status "Cancelled" and sends a corresponding service letter to the Customer.

10.5 The terms of cancellation of the Order without deduction of penalties, as well as the amount of penalties for failure to comply with these terms shall be notified to the Customer when placing the Order and shall be displayed in the Order placed in the Customer's personal cabinet.

10.6 The refund to the Customer shall be made in the amount established by the respective Hotel, taking into account the tariff rules of the respective order.

10.7 In case of the Customer's cancellation of services in full or in part, on the day of arrival at the Hotel and later, including partial use of the order (stay of one or more days at the Hotel with departure before the end of the booked period), the refund (in full or in part) for the unused period of stay cannot be guaranteed by the Executor. The amount of the refundable sum of money requires individual agreement with the Hotel. In case of early departure from the Hotel, non-arrival at the Hotel or cancellation of the order after the date of departure, the Customer shall send a written request to the Executor for cancellation (partial cancellation) of the order and calculation of the amount of money to be refunded through the feedback form on the Website within 14 calendar days from the date of non-arrival. Requests received later than the specified term shall not be accepted and shall not be considered by the Executor.

10.8 In case of early departure from the Hotel, the Customer is obliged to provide the Contractor with official documents from the Hotel, signed by an authorised person of the Hotel, confirming the fact of early departure. The said documents shall be submitted within 14 calendar days after the date of no-show or the date of actual departure from the Hotel. Requests received later than this date shall not be considered. In the absence of the document provided by the Customer and if it is impossible to provide it, the Contractor relies on the information provided by the Hotel about the status of the order and the amount of services actually received.

10.9 The funds shall be returned to the Customer by transferring them to his User account.

11. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

11.1 Provision of information by the Customer:

11.1.1 When registering on the Website, the Customer provides the following information: Surname, First Name, gender, telephone number, e-mail address.

11.2 By providing his personal data when registering on the website, the Customer agrees to their processing by the Contractor, including for the purposes of promoting the Contractor's services.

11.2.1 If the Customer does not want his personal data to be processed, he should contact the Customer Service of the Executor via the feedback form on the Website. In this case all information received from the Customer (including login and password) is deleted from the Executor's user base, and the Customer will not be able to place Orders on the Website.

11.3 The use of information provided by the Customer and received by the Contractor.

11.3.1 The Contractor shall use the information:

11.3.2 The Contractor has the right to send the Customer advertising and information messages.

11.4 Disclosure of information received by the Contractor:

11.4.1 The Contractor undertakes not to disclose the information received from the Customer. It shall not be considered a violation for the Contractor to provide information to agents and third parties acting on the basis of an agreement with the Contractor to fulfil obligations to the Customer.

11.4.2 It shall not be considered a breach of duty to disclose information in accordance with reasonable and applicable legal requirements.

11.5 The Contractor receives information about the ip-address of the Website visitor. This information is not used for identification of the visitor.

11.6 The Contractor shall not be liable for the information provided by the Customer on the Website in a publicly available form.

12. OTHER CONDITIONS

12.1 The law of the Republic of Belarus shall apply to the relations between the Customer and the Contractor. The Executor warns about the absence of a unified official classification of hotels, on the Executor's website the categories of hotels are designated at the discretion of the Hotels themselves, their authorised representatives, tour operators, based on the generally accepted Standards of international sample. Classification of accommodation is conditionally accepted in the country of stay.

12.2 In case the Customer has any questions, he/she should contact the Customer Service of the Contractor by the phones indicated on the website or via the feedback form on the Website. In case the Customer has claims directly to the quality of the Contractor's work, the Customer shall submit a written claim within a period not exceeding 20 (Twenty) days from the moment the cause of the dispute arises. Within 10 (Ten) days the Contractor shall consider the claim and send the Customer a reasoned reply. The Parties shall endeavour to resolve all arising disputes by negotiations, in case of failure to reach an agreement the dispute shall be submitted for consideration to the judicial body in accordance with the current legislation of the Republic of Belarus.

12.3 The invalidation of any provision of this Agreement by a court shall not invalidate the remaining provisions.

DETAILS OF THE EXECUTOR:

Pinewood LLC
220036 Minsk, Republic of Belarus
95, R.Luxembourg str.
T: +375 17 286 16 61/62
M: +375 44 564 01 01
E: msq@pinewood.by
UNP:192247362

IBAN:

BY36 PJСВ З012 0341 4210 0000 0933 (BYN)
ВY92 PJCB 3012 0341 4210 2000 0840 (USD)
BY37 PJCB 3012 0341 4210 3000 0978 (EUR)
BY91 PJСВ 3012 0341 4210 1000 0643 (RUB)

Bank: Priorbank OJSC, CBU No.113
13, Komsomolskaya str., Minsk 220030
BIC | SWIFT: PJCBBY2X