User agreement
Khabarovsk
Edition of January 01, 2023
The solitary proprietor Alexander E. Khon, hereinafter referred to as the “Service`s Administration”, acting on the basis of EGRIP record sheet, invites the User to use the Service on the terms specified in this agreement.
1. DEFINITIONS
Services – services provided by the Partner to the User, including Services for organizing tours, booking hotels, booking and buying air tickets, booking guides and drivers, as well as other services listed on the website.
The Agreement – the agreement concluded between the Service Administration and the User in accordance with the procedure provided for in Section 3 of this Offer.
The Website – the Service Administration’s website located at https://mix-trip.com.
The Service`s Administration is IP Khon Alexander E., who provides to Users the Service with the Services of Partners on the terms specified in this Offer.
The User is a private person who has concluded the Agreement with the Service`s Administration by accepting this Agreement in accordance with the procedure provided for in section 3 of this Agreement.
The Partner is a third party whose services are posted on the Service`s Administration’s Website and who offers such services to Users and is responsible for their execution.
2. SUBJECT OF THE AGREEMENT
2.1. The Service`s Administration provides the User with the Service on which the User can organize tours, book hotels, book and buy air tickets, provide services of guides and drivers, as well as other services specified on the website.
2.2. For the use of the Services that are posted on the Service, the User pays the cost to the Partner in accordance with the procedure provided for in Section 5 of this Agreement.
2.3. Starting to use the Site, its individual functions and Systems, the User is considered to have accepted the Terms and Conditions of Agreement, as well as the provisions of all documents specified in the Agreement, in full, without any reservations and exceptions. If the User does not agree with any of the provisions of the Agreement or the specified documents, the User is not entitled to use the Service.
2.4. The Terms of the Agreement may be changed by the Service`s Administration without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on the page at: https://mix-trip.com.
2.5. Any information used on the Website is intended exclusively for non-commercial use. At the same time, any copying of data, their reproduction, processing, distribution, making available to the public (publication) on the Internet, any use in mass media and/or for commercial purposes without the prior written permission of the Service`s Administration is prohibited, except for cases expressly provided for by the Agreement, conditions of the documents specified in the Agreement or the terms of use of other services of the Service`s Administration.
2.6. The Service`s Administration reserves the right, at its discretion, to restrict the User’s access to the Website (to certain functions of the Website/Websites, if technologically possible) using his account or completely block the User’s account in case of violation of the Agreement, or apply other measures to the User in order to comply with legal requirements or the rights and legitimate interests of third parties.
3. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT
3.1. Acceptance of this Offer is made by the User by using the functionality of the Website. Starting to use the Site, its individual functions and Systems, the User is considered to have accepted the Terms and Conditions of Agreement, as well as the provisions of all documents specified in the Agreement, in full, without any reservations and exceptions. If the User does not agree with any of the provisions of the Agreement or the specified documents, the User is not entitled to use the Service.
3.2. This Agreement comes into force from the moment it is posted on the Website and is valid until it is withdrawn by the Service`s Administration.
3.4. If the Service`s Administration makes changes to the Agreement, such changes will take effect from the moment the new version of the Agreement is posted on the Website.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Service`s Administration has the right to involve third parties to fulfill its obligations to provide the Service. The Service`s Administration is responsible for the actions of the third parties involved, as for his own.
4.2. The Service`s Administration has the right to change this Agreement, as provided for in case 2.4 of this Agreement.
4.3. The Service`s Administration is not responsible for the fulfillment of obligations by third parties who provide Services posted on the Website to the User.
4.4. If there are any claims or statements on the Services posted on the Website, the User applies directly to the Partner who provides the relevant Service.
4.5. The User has the right to receive the Services paid for by him, specified on the Website.
4.6. The User is obliged to comply with all the terms of this Agreement.
5. PAYMENT PROCEDURE
5.1. The Services are provided by the Partner only after full payment of their cost by the User. The User has the right to use the Service without paying for such use.
5.2. The cost of Services is indicated on the Website. The cost of services paid to the Service`s Administration is not subject to VAT.
5.3. The term of payment for Services is indicated on the Website.
5.4. Payment can be made in the following ways:
through the payment acceptance service located on the Website;
through the payment acceptance service of the partner payment system specified on the Website;
by non-cash payment by transferring funds to the Service`s Administration’s current account.
At the same time, in the case of accepting payments to the Service`s Administration, the Service`s Administration is an agent in relation to the Partner.
5.5. The Website may provide additional payment methods for Services, or it is provided that payment is possible only in a certain way.
5.6. The date of payment for the Services is the date of receipt of funds to the Service`s Administration’s or Partner’s current account.
6. THE ORDER OF DELIVERY AND ACCEPTANCE OF THE SERVICE
6.1. The Service are considered accepted without signing the act of rendering services if the User has not stated a reasoned refusal within 3 days from the date of rendering the service.
7. INTELLECTUAL PROPERTY
7.1. All rights to the protected results of intellectual activity used by the Service`s Administration while rendering the services specified in this Agreement and its appendices are and will remain the exclusive property of the Service`s Administration or belong to him on the basis of license or other agreements on the transfer of rights.
7.2. In case of violation of the intellectual rights of the Service`s Administration, the Service`s Administration has the right to make a claim to the User for compensation for losses incurred and payment of a fine in the amount of 500,000 (five hundred thousand) rubles.
8. NO WARRANTY, LIMITATION OF LIABILITY
8.1. The Service is provided by the Service`s Administration “as is”. The Service`s Administration does not guarantee the compliance of the Service (or other information posted within the Service) with the User’s goals and expectations, uninterrupted and error-free operation of the Service as a whole and its individual functions and Systems in particular, the Service`s Administration has the right at any time to completely or partially change the Systems, as well as the functionality provided by the Service.
8.2. The Service`s Administration is not responsible and does not compensate for any damage, direct or indirect, caused to the User or third parties as a result of the use or inability to use the Service and the information posted within the Service. The User understands and agrees that he must independently assess all risks associated with the use of information posted on the Service, including an assessment of its reliability, completeness, security, legality or usefulness.
8.3. The Service`s Administration is not responsible for the availability of resources linked to on the Service, including the availability of partner sites, as well as for the compliance of such resources with legal requirements.
8.4. The Service`s Administration is not obliged to moderate, review, edit information posted by Users and Partners within the Service, and cannot guarantee that the information posted by the User or Partner does not violate the provisions of the Terms, the documents they refer to, or the current legislation.
8.5. The User is solely responsible to third parties for his actions related to the creation and placement of information within the Service, including for compliance of the content of the User’s information with the requirements of current legislation. The User understands and agrees that the information posted by him should not infringe copyrights, trademark rights, means of individualization and/or rights to other intellectual property objects belonging to third parties. The User independently and at his own expense undertakes to settle all claims of third parties related to the creation and placement of information on the Service by him.
8.6. With the exception of cases expressly provided for by law, the Service`s Administration is not responsible for the relevance of the information provided by Partners, including information on the availability and cost of booking Hotels, Tours and the purchase of tickets (air tickets), as well as information about the transportation in respect of which the User books and purchases tickets (air tickets).
8.7. The Service`s Administration is not responsible for financial and any other transactions performed on the Partner sites, as well as for any consequences of the User booking Hotels, Tours and the purchase of tickets (air tickets) by the User on these sites.
8.8. The Service`s Administration is not responsible for the information / services provided / provided by Partners. The Service`s Administration is also not responsible for the inability to use the services purchased by the User from Partners and/or on the resources of the Service`s Administration, including due to force majeure circumstances, bankruptcy or inability of the Partner or the person actually providing the Services to the User to continue operating, the User’s illness, the User’s lack of documents confirming the right to use the purchased services or visit certain countries and/or regions, unless otherwise provided by applicable law or the relevant service agreement.
9. TERM OF THE AGREEMENT
9.1. The Agreement comes into force from the moment the User accepts the Offer by using the functionality of the Website.
10. DISPUTE RESOLUTION AND FINAL PROVISIONS
10.1. All disputes and disagreements that may arise between the Parties will be resolved through negotiations, as well as by way of claim-based pre-trial settlement of the dispute.
10.2. If it is impossible to resolve disputes and disagreements in a pre-trial manner, the Parties resolve the dispute in court at the location of the Service`s Administration.
10.3. In the relations concerning the Agreement, the Parties are guided by the current legislation of the Russian Federation.
10.4. Appendices to this Agreement supplement the Agreement and are an integral part of it.
11. DETAILS OF THE SERVICE`S ADMINISTRATION
The solitary proprietor Alexander E. Khon,
Taxpayer identification number; 272426796441
OGRNIP 320508100279955
Current bank account 40802810400001612663
Bank JSC “TINKOFF BANK”
BIK 044525974
Correspondent account 30101810145250000974
E-mail: info@mixtrip.ru
Privacy Policy
Khabarovsk
Edition of January 01, 2023
This Privacy Policy of Personal Data (hereinafter referred to as the Privacy Policy) compiled in accordance with the requirements of Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data” and defines the procedure for processing personal data and measures to ensure the security of personal data by an Individual entrepreneur Alexander E. Khon, INN 272426796441 (hereinafter referred to as the Website or the Website`s Administration).
This Privacy Policy posted on the website on the Internet at: https://mixtrip.com.
The use of the Website’s services means the User’s unconditional consent to this Policy and the conditions for processing his personal information specified therein; in case of disagreement with these conditions, the User must refrain from using the services.
1. GENERAL PROVISIONS
1.1. Within the framework of this Policy, the User’s personal information is understood as:
1.1.1. Personal information that the User provides about himself/herself when registering (creating an account) or in the process of using the Services, including the User’s personal data. The information required for the provision of Services is marked in a special way.
1.1.2. Data that is automatically transmitted to the Website services during their use using the software installed on the User’s device, including IP address, cookie data, information about the User’s browser (or other program that accesses the services), technical characteristics of the equipment and software used by the User, date, and time of access to the services, addresses of the requested pages and other similar information.
2. PURPOSES OF PROCESSING USERS’ PERSONAL INFORMATION
2.1. The Website collects and stores only the personal information that is necessary for the provision of services or the execution of agreements and contracts with the User, except in cases where the legislation provides for the mandatory storage of personal information for a period specified by law.
In case of receiving a notification from the User about the withdrawal of consent to the processing of personal data, the Website stops processing the User’s personal data within a period not exceeding 10 working days from the date of receipt.
Notification of withdrawal of consent to the processing of personal data is sent to the email address: info@mixtrip.ru.
2.2. The Website processes the User’s personal information for the following purposes:
2.2.1. Identification of the User registered on the Website to use the functionality of the Website and purchase the services of third parties.
2.2.2. Providing the User with access to personalized Website resources.
2.2.3. Establishing feedback with the User, including sending notifications, requests regarding the use of the Website, the provision of services, processing requests and requests from the User.
2.2.4. Determining the location of the User to ensure security, fraud prevention.
2.2.5. Confirmation of the accuracy and completeness of the personal data provided by the User.
2.2.6. Providing the User with effective customer and technical support in case of problems related to the use of the Website.
2.2.7. Carrying out advertising activities with the consent of the User.
3. TERMS OF PROCESSING OF USERS’ PERSONAL INFORMATION
AND ITS TRANSFER TO THIRD PARTIES
3.1. The Website stores Users’ personal information in accordance with the internal regulations of specific services.
3.2. With respect to the User’s personal information, its confidentiality is maintained except in cases where the User voluntarily provides information about himself for general access to an unlimited number of persons. When using certain services, the User agrees that a certain part of his personal information becomes publicly available.
3.3. The Website has the right to transfer the User’s personal information to third parties in the following cases:
3.3.1. The User has consented to such actions.
3.3.2. The transfer is necessary for the User to use a certain service or to fulfill a certain agreement or contract with the User.
3.3.4. The transfer is provided for by Russian or other applicable legislation within the framework of the procedure established by law.
3.3.5. In the event of the sale of the Website, all obligations to comply with the terms of this Policy in relation to the personal information received by the acquirer pass to the acquirer.
3.4. The processing of the User’s personal data is carried out without time limit in the following ways: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, including in personal information systems data with or without the use of automation tools. The processing of Users’ personal data is carried out in accordance with Federal Law No. 152-FZ of 27.07.2006 “On Personal Data”.
3.5. In case of loss or disclosure of personal data, the Website Administration informs the User about the loss or disclosure of personal data.
3.6. The Website Administration takes the necessary organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
3.7. The Website`s Administration, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User’s personal data.
4. OBLIGATIONS OF THE PARTIES
4.1. The User is obliged to:
4.1.1. Provide information about personal data necessary for the use of the Website.
4.1.2. Update, supplement the provided information about personal data in case of changes in this information.
4.2. The Website`s Administration is obliged to:
4.2.1. Use the information received exclusively for the purposes specified in this Privacy Policy.
4.2.2. To ensure the storage of confidential information in secret, not to disclose without the prior written permission of the User, as well as not to sell, exchange, publish or disclose in other possible ways the transferred personal data of the User, except as provided for in this Privacy Policy.
4.2.3. In order to ensure the protection of the User’s personal data during their processing, the following legal, organizational and technical measures have been taken against unauthorized, unlawful or accidental access to personal data, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other unlawful actions with respect to personal data: Full name, email, phone, passport data.
4.2.4. To block personal data related to the relevant User from the moment of the request or request of the User or his legal representative or the authorized body for the protection of the rights of personal data subjects for the period of verification in case of identification of false personal data or illegal actions.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Website`s Administration, which has not fulfilled its obligations, is liable for losses incurred by the User in connection with the misuse of personal data, in accordance with the legislation of the Russian Federation.
5.2. In case of loss or disclosure of confidential information, the Website`s Administration is not responsible if this confidential information:
5.2.1. Became public domain before its loss or disclosure.
5.2.2. It was received from a third party before it was received by the Website`s Administration.
5.2.3. Was disclosed with the consent of the User.
6. DISPUTE RESOLUTION
6.1. Before going to court with a claim for disputes arising from the relationship between the Website`s User and the Website`s Administration, it is mandatory to submit a claim (a written proposal for a voluntary settlement of the dispute).
6.2. The recipient of the claim within 10 calendar days from the date of receipt of the claim notifies the applicant of the claim in writing about the results of consideration of the claim.
6.3. If an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of the Russian Federation.
6.4. The current legislation of the Russian Federation applies to this Privacy Policy and the relations between the User and the Website`s Administration.
7. ADDITIONAL CONDITIONS
7.1. The Website`s Administration has the right to make changes to this Privacy Policy without the User’s consent.
7.2. The new Privacy Policy comes into force from the moment it is posted on the Website, unless otherwise provided by the new version of the Privacy Policy.
7.3. All suggestions or questions regarding this Privacy Policy should be reported to the email address: info@mixtrip.ru.
7.4. The current Privacy Policy is posted on the page at: https://mixtrip.com.
7.5. This Privacy Policy is an integral part of the Public Offer and the Agreement on the use of the Website, posted on the page at: https://mixtrip.com.
Agent agreement with the partners
Khabarovsk
Edition of January 01, 2023
The solitary proprietor Alexander E. Khon, hereinafter referred to as the “Agent” acting on the basis of EGRIP record sheet, expresses his intention to conclude Agent Agreement on the terms specified in this offer with any person, hereinafter referred to as the “Principal”, who has accepted the terms of this offer.
1. TERMS AND DEFINITIONS:
1. Offer — this document and its annexes, which are an offer defining all the essential terms of the contract for the provision of paid services.
2. Agency Agreement, Contract — an agreement concluded by Accepting an Offer between an Agent and a Principal for the Agent to perform actions on behalf of and at the expense of the Principal for remuneration on behalf of the Principal, aimed at attracting Users through the conclusion of contracts for the provision of tourist services with Users.
3. Acceptance of the Offer — full and unconditional acceptance of the Offer by paying for Services on the Website, as well as performing the actions specified in section 3 of the Offer. The Contract is concluded by acceptance of the Offer.
4. Principal — a legal entity or individual entrepreneur providing services in accordance with the legislation of the Russian Federation, who has concluded an Agency Agreement with an Agent. Depending on the service provided, the principal may be a travel agent, guide, driver, airlines, hotels, hotels in accordance with the selected service by the User.
5. Services – services provided by the Contractor to the User, including organization of tours, booking of hotels and hotels, booking and purchase of air tickets, provision of services of guides and drivers, as well as other services specified on the website.
6. Service contract – A contract for the provision of paid services concluded between the User and the Contractor in accordance with the procedure provided for in Section 3 of this Offer.
7. Website – the Contractor’s website located at https://mix-trip.com.
8. User — an individual who uses the Website on the terms of use of the Website service posted on the Internet at: https://mix-trip.com.
2. SUBJECT OF THE OFFER
2.1. The subject of this Offer is the conclusion of the Contract between the Agent and the Principal on basis of which the Agent conducts legal and other actions on behalf of and at the expense of the Principal, aimed at attracting Users through the conclusion of contracts for the provision of services specified on the Site (organization of tours, booking of hotels and hotels, booking and purchase of air tickets, provision of services of guides, drivers, as well as other services specified on the website), with Users (hereinafter referred to as the “Order”), including booking hotel rooms, in the manner and on the terms specified in the Offer:
2.1.1. According to the transaction made by the Agent with the User, the rights and obligations arise directly from the Principal. The provision of services, the right to receive which the User is certified by the booking confirmed within the framework of the Order, is carried out by the Principal.
2.1.2. The Party to the service agreement with the User, which is concluded by the Agent as part of the execution of the Order, is the Principal.
2.1.3. The conclusion of a service agreement with the User is carried out by the User’s acceptance of the Principal’s offer, expressed in the User’s actions on the Website aimed at concluding the service agreement, or the User performing other actions provided for by the functionality of the Site, expressing the User’s will to conclude the relevant service agreement.
2.1.4. As part of the Order, the Agent is authorized on his own behalf, but at the expense of the Principal, to accept funds from Users that are prepayment for services within the framework of the provision of services, and transfer funds received from Users to the Principal; as well as to withhold the amount of penalties established by the Principal and levied from the User when the User cancels the Order, if in accordance with the rules cancellation of the reservation cancellation by the User of the Order entails the deduction of such penalties.
2.1.5. The order under the Contract is executed by the Agent from the moment of conclusion of the Contract during the entire period of its validity. The contract is concluded without exchanging paper versions and signatures.
2.1.6. The Order is executed by the Agent in the following territory: the whole world.
3. ACCEPTANCE OF THE OFFER, CONCLUSION OF THE CONTRACT AND TERMS OF INTERACTION
3.1. The Principal accepts the Offer by clicking on the button “I have read, agree and fully accept the terms of the Offer” (or similar in meaning) in the Partner Interface.
3.2. Acceptance of the Offer by the Principal creates a Contract (Article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
The agent is obliged to:
4.1.1. To execute the assumed Assignment on the most favorable terms for the Principal, in good faith and reasonably, in accordance with the instructions of the Principal and the terms of the Contract.
4.1.2. Transfer funds received from Users to the Principal in accordance with the procedure and terms stipulated by the Agreement, if this is provided for the relevant Partner.
4.1.3. To inform the Principal, at his request, of the information reasonably necessary for the Principal on the progress of the execution of the Order.
4.1.4. During the term of the Agreement, the Agent will make every effort to eliminate any failures and errors on the Site, if they occur. At the same time, the Agent does not guarantee the absence of errors and failures in the Site.
4.2. The Agent has the right to:
4.2.1. Suspend the execution of the Order under the Agreement and / or terminate the Agreement unilaterally out of court in case of violation by the Principal of the obligations established by the Agreement, the legislation of the Russian Federation, as well as in case of failures or errors leading to deterioration of the Site.
4.2.2. In accordance with the procedure provided for in Article 410 of the Civil Code of the Russian Federation, withhold the agency remuneration due to him in connection with the execution of the Order, as well as the amounts of funds to be refunded to Users.
4.2.3. To receive agency remuneration in the manner and on the terms stipulated in the Contract. To receive agency remuneration by transferring non-cash funds from the Principal in cases of direct payment of Services to the Principal.
4.2.4. Not to start fulfilling its obligations under this Agreement until the Principal fulfills the obligation provided for in paragraphs 4.3.1 and 4.3.2 of the Agreement.
4.2.5. Involve third parties to fulfill their obligations under this Agreement, while remaining responsible for their actions to the Principal.
4.2.6. Provide Users with additional services not provided for by the Order, including (but not limited to) services related to booking, registration, implementation of various services and information support for Users. Such services are provided by the Agent on behalf of and at the expense of the Agent or third parties on terms determined by the Agent independently.
4.2.7. Immediately terminate the execution of the Order and/or terminate the Contract in case the Principal violates his obligations under the Contract.
4.2.8. At its discretion, conduct marketing and other activities aimed at promoting the Agent’s Website, the Principal’s services, as well as other activities, including those related to providing additional promotional conditions when ordering services. The agent independently determines the essential conditions of such events. The activities specified in this paragraph are carried out by the Agent at his own expense, in connection with which the Agent ensures that the amounts received from Users in the amount and in the manner prescribed by the Contract, considering the appropriate compensation (if necessary), are received in favor of the Principal.
4.2.9. In order to inform and attract the attention of Internet users, the Agent and its affiliates have the right to use the results of intellectual activity and means of individualization belonging to the Principal by reproduction, processing, public display, public performance, making available to the public (partially or completely) by any legal means, including on the services and in advertising of the Site and its affiliates, and also grant (sublicense) the right to use the results of the intellectual activity of the Principal in these ways to third parties. The Principal certifies and guarantees that he has the appropriate rights and powers to grant the Agent and its affiliates the above-mentioned right to use the results of the intellectual activity of the Principal. The Agent and its affiliates have the right to use the results of the intellectual activity of the Principal in the ways provided for in this paragraph, without charging remuneration for such use and without restrictions on the territory during the entire term of the Agreement.
4.2.10. Transfer the rights and obligations under the agreement to a third party.
4.3. The Principal undertakes:
4.3.1. Provide the Agent with reliable information about yourself, your company name (full name), OGRN (OGRNIP), location (if the Principal is a legal entity), opening hours, bank details and contact details, as well as immediately notify the Agent of changes in this information (no later than 1 (one) business day from the date changes).
4.3.2. Provide the Agent with all the information necessary for the execution of the Order on the characteristics of the services in full, including information that must be provided to the User before the conclusion of the contract in accordance with consumer protection legislation, as well as immediately notify the Agent of changes in this information (no later than 1 (one) business day from the date of change).
4.3.3. If the User applies to the Agent with a request for a refund, the Agent has the right to decide on the refund independently on the basis of the data specified in the booking conditions transmitted to the Agent by the Principal or send a request to the Principal. In this case, the Principal immediately decides on the return or refusal to return the specified funds (if there are grounds for refusal established by law) and informs the Agent about it. An application or request sent by e-mail is a sufficient reason for the Agent to refund (transfer) the Cost of services to the Users who have submitted the relevant requirements.
4.3.4. The Principal in cases provided for by the legislation on consumer rights protection is responsible for returning the Cost of services to the User in case of a corresponding request by the User.
4.3.4.1. The transfer of funds to Users is carried out directly by the Principal, unless the Agent has decided otherwise. The Agent deducts the cost of cancelled Orders from the funds received from Users to pay for services by his decision.
4.3.4.2. In case of the User’s non-arrival at the hotel, non-arrival on the tour, non-appearance on the flight and other actions taken by the User in violation of the terms of the Contract, within the period specified in the booking of the relevant service without prior notice of cancellation of the Order, the User is directly responsible for such consequences to the Principal in accordance with the own rules of the Principal.
4.3.5. Comply with the legislation on personal data in the process of processing personal data of Users provided by the Agent to the Principal as part of the execution of the Order. The Principal has the right to use the personal data of Users transferred to him by the Agent for the purposes of execution by the Principal of the service contract with the User concluded by the Agent on behalf of the Principal in the framework of the relevant Order, the provision of Services of the Principal and other related services. Any other use of the User’s personal data by the Principal is prohibited, except in cases when the Principal has obtained the User’s consent to such use in accordance with the requirements of the legislation, as well as in cases when the processing of the User’s personal data is carried out by the Principal to achieve the goals provided by law, to implement and perform the functions, powers and duties assigned to the Principal by the legislation of the Russian Federation. responsibilities.
4.3.6. If the information and other materials transmitted by the Principal to the Agent under the Contract include the results of intellectual activity (including photographs, videos, images, drawings, etc.), the Principal undertakes to independently and at his own expense settle with the copyright holders all issues related to their use by the Agent as part of the execution of the Order.
4.3.7. The Principal is obliged to confirm the Order or provide information about the impossibility of providing services on the terms specified in the Order for objective reasons no later than 48 hours before the deadline for the provision of the relevant service. If the Contract for the provision of services was concluded less than 48 hours before the deadline for the provision of services, the Principal is obliged to inform about the impossibility of providing the relevant service immediately.
4.3.8. The Principal undertakes to immediately notify the Agent of the events and facts that have become known to him that worsen and/or affect the conditions for the provision of the relevant service (repair, construction, breakdowns, emergencies, planned water outages, flight cancellation, delay or postponement of the flight, etc.).
4.3.9. In case of termination and/or early termination of this Agreement, the Principal, after prior agreement with the Agent, executes all Orders placed before the termination of the Agreement, regardless of the term of execution of such Orders.
4.3.10. The Principal undertakes, at the time of transmission of data on services, to transmit to the Agent also information on the VAT rate separately in relation to the Cost of services (excluding the cost of the Principal’s Services (service fees)) and separately with respect to the cost of the Principal’s Services (service fees), if it is charged, in one of the following options: “20%”, “10%”, “0%” or “not subject to VAT”, as well as the TIN of the Principal.
4.3.11. The Principal undertakes to notify the Agent of changes in the applicable VAT rate, the Principal’s TIN, the Principal’s contact phone number no later than 3 (three) days before the date of the corresponding change.
4.3.12. To transmit to the Agent information about the cancellation rules of the hotel, flight, and other objects to be booked in order to provide services.
4.3.13. The Principal undertakes to interact with Users in a special chat, not to directly swap contacts with Users and not to interact with Users in other ways, in violation of the terms of this clause.
4.4. The Principal has the right to:
4.4.1. To receive from the Agent reasonably necessary information about the progress of the execution of the Order.
4.4.2. Involve third parties to fulfill their obligations under this Agreement, while remaining responsible for their actions to the Agent.
4.5. The Agent has the right to terminate this Agreement with the Principal in case of violation by the Principal of the terms of the Agreement, including violation of clause 4.3.13 of the Agreement.
5. AGENCY REMUNERATION AND SETTLEMENT PROCEDURE
5.1. The agency fee under this agreement depends on the package of services provided by the Principal on the Agent’s Website and /or on the conditions specified in the Principal’s personal account. Agency remuneration is not subject to VAT due to the use of the simplified taxation system by the Agent.
5.2. The Agent independently calculates and withholds the amount of remuneration from the funds received from the buyer or, in cases where such retention is impossible, the Principal transfers the remuneration due to the Agent’s account.
5.3. Depending on the Service chosen by the buyer, payment can be transferred to the Agent via the website or directly to the Principal.
5.4. In accordance with Article 860.1 of the Civil Code of the Russian Federation and within the framework of this Agreement, transactions for the payment of funds to the Principal and payment of remuneration to the Agent, as well as for settlements with Users, in some cases may be carried out using a nominal account (bank account) opened by the Agent. The rules for using the nominal account are set out in Terms of use of the escrow service Mix-Trip.
6. RESPONSIBILITY OF THE PARTIES
6.1. If the Principal fails to provide the Service on time, the Principal pays a penalty in the amount of 0.5 percent of the Service amount for each day of delay.
6.2. The Agent is not responsible if the transaction made in execution of the Principal’s order is not executed by the buyer.
6.3. Other measures of liability of the Parties for non-fulfillment of their obligations under this agreement are determined by the general rules of the Civil Code of the Russian Federation.
7. DISPUTE RESOLUTION
7.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
7.2. Disputes of the parties that are not settled through negotiations are submitted to the Arbitration Court of Moscow for resolution.
8. TERM OF THE AGREEMENT
8.1. This Offer comes into force from the moment of its publication on the website https://mix-trip.com
8.2. The Contract is considered concluded from the moment of acceptance of the Offer in accordance with section 3 of this document.
9. ADDRESSES, DETAILS AND SIGNATURE OF THE AGENT
Individual entrepreneur
Alexander E. Khon,
INN 272426796441
OGRNIP 320508100279955
P/s 40802810400001612663
Bank JSC “TINKOFF BANK”
BIC 044525974
C/s 30101810145250000974
E-mail: info@mixtrip.ru
Terms of use of the escrow service
Mix-Trip
Khabarovsk
Edition of January 01, 2023
1. Terms of use of escrow service Mix-Trip
1.1. In accordance with the escrow agreement (hereinafter referred to as the Escrow Agreement, the Agreement) concluded on these Terms (hereinafter referred to as the Terms), the Depositor undertakes to transfer non—cash funds to the Escrow Agent for depositing in order to fulfill the Depositor’s obligation to transfer them to the Beneficiary, and the Escrow Agent undertakes to ensure the safety of non—cash funds and transfer them To the Beneficiary in the event of the occurrence of the grounds specified in this Agreement.
1.2. Non-cash funds are subject to deposit, the amount of which is determined as the sum of the cost of the service purchased by the Depositor on the website https://mix-trip.com (hereinafter referred to as the Website) (determined on the Website or by agreement of the Depositor and the Beneficiary) and the Escrow Agent commission (determined by the Escrow Agent).
1.3. The escrow Agreement is concluded to ensure settlements under one service agreement, the subject of which is one or more Beneficiary services purchased by the Depositor on the Website. The depositor has the right to conclude several Escrow Agreements if they provide settlements under different service agreements. The beneficiary has the right to conclude several Escrow Agreements if they provide settlements under different service agreements.
1.4. These Terms are an addition to the documents regulating the use of the Mix-Trip service, namely: the Agency Agreement with partners (as amended on January 01, 2023) and the User Agreement (as amended on 01.01.2023), posted on the website https://mix-trip.com.
1.5. All actions performed by the Depositor and the Beneficiary using the Mix-Trip service are considered carried out by the Depositor and the Beneficiary, respectively. The Depositor and the Beneficiary are independently liable to third parties for all actions performed using the Mix-Trip service. The Escrow agent is not responsible for the use of the Mix-Trip service by third parties.
1.6. The Depositor and the Beneficiary independently prepare and conclude a contract for the provision of services specified on the Website. The Depositor and the Beneficiary are obliged to familiarize themselves with the terms of the service agreement before signing it and, in case of disagreement, to withdraw from the Escrow Agreement in accordance with the procedure provided for in the Escrow Agreement. The Depositor and the Beneficiary are independently responsible for providing them with incorrect information and not familiarizing themselves with the terms of the service agreement. The Exclusive Agent does not provide any guarantees regarding such a service agreement.
Also, before signing the service agreement, the Depositor and the Beneficiary must independently verify the passport data of the other party and information about the service by all available means.
2. The Parties to the Escrow Agreement
2.1. The Parties to the Escrow Agreement are:
2.1.1. Escrow agent — Individual entrepreneur Alexander E. Khon, INN 272426796441;
2.1.2. Depositor – a user of the Mix-Trip service intending to conclude a service agreement with the Beneficiary as a buyer;
2.1.3. Beneficiary is a user of the Mix-Trip service who intends to conclude a service agreement with the Depositor as a seller.
3. The procedure for concluding an Escrow Agreement
3.1. To conclude an Escrow Agreement:
3.1.1. The Escrow Agent places the Conditions on the Mix-Trip service.
3.1.2. The Depositor sends the Escrow Agent and the Beneficiary an offer to conclude an Escrow Agreement on these Terms, for which he provides the Escrow Agent with information (full name, passport data, phone number, information about the purchased service, other information provided by the interfaces of the Mix-Trip service), and expresses his consent to conclude an Escrow Agreement.
3.1.3. In order to accept the Depositor’s offer, the Beneficiary provides the Escrow Agent with information (full name, passport data, phone number, information about the purchased service, other information provided by the interfaces of the Mix-Trip service), and expresses his consent to the conclusion of the Escrow Agreement.
3.1.4. The Escrow Agent has the right to refuse the Depositor’s offer (conclusion of the Escrow Agreement on these Terms) without explanation. An Escrow Agreement is considered concluded only after the Escrow Agent verifies the data provided by the Depositor and the Beneficiary, and after the Escrow Agent confirms the possibility of concluding an Escrow Agreement.
3.2. If the Escrow Agreement is not concluded after depositing non-cash funds to the Escrow Agent, the Escrow Agent returns the deposited non-cash funds to the Depositor in full.
4. Nominal account
4.1. For depositing non-cash funds, the Parties use the nominal account of the Escrow Agent in JSC Tinkoff Bank.
4.2. The beneficiary of the nominal account opened by the Escrow Agent is the Depositor before the date of the grounds for the provision of services by the Beneficiary, and after the specified date, the beneficiary of the nominal account is the Beneficiary.
4.3. In order to comply with the provisions of Federal Law No. 115-FZ dated 07.08.2001 “On Countering the legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”, in order to identify the Depositor and the Beneficiary as beneficiaries of the nominal account, the Escrow Agent sends their personal data to JSC Tinkoff Bank.
5. Term and conditions of deposit
5.1. The term for depositing non-cash funds is determined from the moment they are actually transferred to the Escrow Agent (credited to a nominal account) until they are debited from the nominal account of the Escrow Agent for transfer to the Beneficiary’s account or return to the Depositor.
5.2. After the transfer of non-cash funds to the Escrow Agent and during the entire deposit period, the Depositor is not entitled to dispose of them.
5.3. The Depositor’s obligation to transfer non-cash funds to the Beneficiary is considered fulfilled from the moment they are transferred to the Escrow Agent (credited to a nominal account).
6. Grounds for transferring funds to the Beneficiary
6.1. The basis for transferring deposited funds to the Beneficiary is the receipt by the Escrow Agent from the Depositor and from the Beneficiary using special interfaces of the Mix-Trip service of information about the conclusion of a service agreement by them, the execution of this agreement by the Beneficiary and confirmation of the execution by the Escrow Agent.
6.2. Upon the occurrence of grounds for transferring deposited funds to the Beneficiary, the Escrow Agent transfers them in the amount of the cost of the vehicle to the Beneficiary’s account no later than the next business day.
6.3. The Escrow Agent, using the Mix-Trip service, sends information to the Depositor and the Beneficiary about debiting funds from the nominal account in order to transfer them to the Beneficiary, and also sends information to the Depositor about debiting funds from the nominal account in order to pay the Escrow Agent’s remuneration (the latter, if applicable).
6.4. If the grounds for transferring deposited funds to the Beneficiary do not occur within 10 calendar days from the date of their transfer to the Escrow Agent (crediting to a nominal account), the Escrow Agreement is terminated and the Escrow Agent returns the deposited funds to the Depositor no later than one working day.
6.5. The Escrow agent is not obliged to verify the service agreement or other documents on any grounds to establish the grounds for transferring the deposited funds to the Beneficiary.
7. Remuneration of the Escrow agent
7.1. For the provision of services provided by the Escrow Agreement, the Escrow Agent has the right to demand payment of remuneration by the Depositor. The amount of remuneration is communicated to the Depositor using the Mix-Trip service until the Depositor accepts the Terms. In order to analyze the potential demand for the provision of services and determine the optimal conditions for their provision in demand in the market, within the test period determined by the Escrow agent, the Escrow Agent may not charge a fee for the provision of services.
7.2. The obligation to pay remuneration is the obligation of the Depositor and is not a joint obligation of the Depositor and the Beneficiary.
7.3. Remuneration is paid by transferring non-cash funds to the Escrow Agent’s settlement account from funds deposited to the nominal account. Remuneration is paid upon the occurrence of grounds for transferring deposited funds to the Beneficiary. If no objections are received from the Depositor within 13 calendar days from the date of payment, the services provided for in this Agreement are considered to have been properly rendered.
7.4. For the provision of services provided by the Escrow Agreement, the Escrow Agent is not entitled to demand payment of remuneration by the Depositor.
7.5. In cases provided for by the current legislation, when paying the Escrow Agent’s remuneration, the cash receipt is sent to the Beneficiary’s e-mail address or in another way corresponding to the current legislation, if this is provided for by the current legislation.
8. Withdrawal from the Escrow Agreement
8.1. The Depositor and the Beneficiary have the right to cancel the Escrow Agreement by sending a joint notification to the Escrow Agent using the Mix-Trip service, if such an opportunity is provided in the service.
8.2. The Depositor has the right to cancel the Escrow Agreement at any time prior to the occurrence of the grounds for transferring the deposited funds to the Beneficiary by sending a corresponding notification to the Escrow Agent using the Mix-Trip service.
8.3. The Beneficiary has the right to cancel the Escrow Agreement at any time prior to the occurrence of the grounds for transferring the deposited funds to the Beneficiary by sending a corresponding notification to the Escrow Agent using the Mix-Trip service.
9. Guarantees
9.1. During the term of the Agreement, the Escrow Agent will make every effort to eliminate any failures and errors that occurred during the execution of the Agreement as soon as possible. At the same time, the Escrow agent does not guarantee the absence of such errors and failures, including for reasons beyond its control.
9.2. With the exception of the guarantees expressly stated in the text of the Terms, the Escrow Agent does not provide any other express or implied guarantees under the Contract and expressly disclaims any guarantees or conditions regarding the compliance of the services with the specific goals or expectations of the Depositor and the Beneficiary.
9.3. The Depositor guarantees to the Escrow Agent and the Beneficiary that:
9.3.1. The Depositor has provided reliable and up-to-date information about himself, including when posting personal information in the Mix-Trip service or when transmitting such information in another way;
9.3.2. The Depositor is legally capable and has reached the age required in accordance with the legislation of the Russian Federation to make transactions provided for in these Terms;
9.3.3. The Depositor enters into the Contract voluntarily, while he (a) has fully read the terms of the Terms and other documents referenced in these Terms; (b) fully understands the subject of the Terms and Conditions and the Contract, and (c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Contract;
9.3.4. The Depositor has all the rights and powers necessary for the conclusion and execution of the Contract.
9.4. The Beneficiary guarantees to the Escrow Agent and the Depositor that:
9.4.1. The Beneficiary has provided reliable and up-to-date information about himself, including when posting personal information in the service Mix-Trip or when transmitting such information in another way;
9.4.2. The Beneficiary is legally capable and has reached the age required in accordance with the legislation of the Russian Federation to make transactions provided for in these Terms;
9.4.3. The Beneficiary enters into the Contract voluntarily, while he (a) has fully read the terms of the Terms and other documents referenced in these Terms; (b) fully understands the subject of the Terms and Conditions and the Contract, and (c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Contract;
9.4.4. The Beneficiary has all the rights and powers necessary for the conclusion and execution of the Contract.
10. Other conditions
10.1. The Contract, its conclusion and execution are regulated by the legislation of the Russian Federation. All issues not regulated by the Terms and other documents referred to in these Terms are regulated in accordance with the substantive law of the Russian Federation. If it is impossible to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate court at the location of the defendant.
10.2. By sending the data specified in clauses 3.1.2. – 3.1.3 of the Escrow Agreement, as well as providing other information to the Escrow Agent, the Beneficiary and the Depositor agree to the processing of their personal data by the Escrow Agent for the purposes of executing this agreement, including verifying the reliability of the reported information in open sources and databases, providing feedback on execution of this Agreement, etc.
The personal data received from the Beneficiary and the Depositor may be transferred to JSC Tinkoff Bank for the purposes of fulfilling this Agreement, verifying the validity of documents and fulfilling the obligations stipulated by law specified in clause 4.3. of the Agreement. The escrow agent has the right to receive information from Tinkoff Bank JSC on the verification of the documents received by it.
10.3. Any notifications under the Agreement may be sent: 1) by e-mail; 2) by mail with delivery notification or courier service with delivery confirmation.
10.4. If one or more provisions of the Terms and/or other documents referred to in these Terms are for any reason invalid, unenforceable, such invalidity does not affect the validity of any other provision of the Terms and/or relevant documents that remain in force.
10.5. Neither Party has the right to transfer its rights under the Agreement to any third party without the prior consent of the other Parties.
11. Сведения об Эскроу-агенте
Individual entrepreneur
Alexander E. Khon,
INN 272426796441
OGRNIP 320508100279955
P/s 40802810400001612663
Bank JSC “TINKOFF BANK”
BIC 044525974
C/s 30101810145250000974
E-mail: info@mixtrip.ru