Public Offer Agreement for the Provision of Hotel Services in Hotels
«REIKARTZ GRUP OTEL»
1. Definitions and Concepts
1.1. The definitions and concepts used in this Public Offer Agreement have the following meanings:
Hotel services - a set of services for the provision of accommodation and other services to individuals, with the Civil Code of the Republic of Uzbekistan, with the laws of the Republic of Uzbekistan "On Electronic Commerce", "On Electronic Document Management" and other regulatory legal acts regulate the implementation of the sale of goods (works, services) in the form of electronic commerce, which are provided by individual entrepreneurs and legal entities.
Offer - this document (hereinafter referred to as the Agreement), published on the Internet at: reikartz.com, containing an offer to an unlimited number of persons.
Acceptance of the offer - full and unconditional acceptance of the terms of the offer by the Customer by using the System for registration of services.
The Customer is the user who has accepted the offer and is thus the Customer of the Contractor's services under the concluded Offer Agreement. The Customer may be a legally capable individual who has reached the age of 18 and has the legal right to enter into contractual relations with the Contractor.
Contractor is HMC U LLC, which has the right to offer for sale, book and place an Order for temporary accommodation services, accommodation of third parties (guests) in REIKARTZ GRUP OTEL hotels.
Hotel is REIKARTZ GRUP OTEL hotels, accommodation facilities in which hotel services are provided and which belong to one of the types of hotels provided for by the Civil Code of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan "On Electronic Commerce", "On Electronic Document Management" and other regulatory legal acts regulate the implementation of the sale of goods (works, services) in the form of electronic commerce, in which the Contractor sells services for the accommodation of clients in them using the Booking System.
Order (booking) — a set of actions by the Customer, as a result of which the Customer's request for services at the hotel selected in the System was submitted in the Booking System, or within the framework of which the Customer paid the cost of this Order in accordance with the terms of payment for services.
Booking System — a resource belonging to the Contractor, posted for public access on the Internet at the address: reikartz.com, providing information about the hotel, room categories, cost (tariffs) and conditions of residence, booking rules, etc.
Booking confirmation — a document provided to the Customer upon the fact of placing an Order, containing a list of services ordered by the Customer.
Registration — provision to the Contractor via the System of personal and contact information of the Customer for prompt communication with him on issues related to the ordered services.
Guest — a person staying at the hotel, in respect of whom the Order was placed by the Customer.
2. General Provisions
2.1. This agreement is an official public offer of the Contractor and contains all the essential terms of the provision of the service for Booking rooms in the REIKARTZ GRUP OTEL Hotels.
2.2. In accordance with the Civil Code of the Republic of Uzbekistan, with the laws of the Republic of Uzbekistan "On Electronic Commerce", "On Electronic Document Management" and other regulatory legal acts governing the implementation of the sale of goods (works, services) in the form of electronic commerce, this Agreement is a public Offer. This Offer is not addressed to legal entities. To conclude an agreement with legal entities, additional written approval and conclusion of a separate agreement are required.
2.3. The agreement on the provision of booking services is concluded by accepting this Offer, which contains all the essential terms of the Agreement, without signing by the parties. The Agreement has legal force in accordance with the Civil Code of the Republic of Uzbekistan, with the laws of the Republic of Uzbekistan "On Electronic Commerce", "On Electronic Document Management" and other regulatory legal acts governing the implementation of the sale of goods (works, services) in the form of electronic commerce and is equivalent to an agreement signed by the parties. The Agreement is considered concluded and comes into force from the moment of acceptance of the Offer, namely, the Customer's actions to pay for the services booked on the Contractor's website and means the unconditional accession of the Customer to all the terms of the Offer without any exceptions or restrictions.
3. Subject of the Agreement
3.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide hotel services upon the Customer's Order, subject to the availability of rooms in the hotels of "REIKARTZ GRUP OTEL", and the Customer undertakes to accept and pay for hotel services.
3.2. Booking is carried out in the manner specified in the Rules of Accommodation at the REIKARTZ GRUP OTEL hotels (hereinafter referred to as the Rules of Accommodation), which are an integral part of this Agreement and are presented on the Contractor's website reikartz.com.
3.3. The document confirming the services booked and paid for by the Customer is the booking confirmation issued by the Contractor in the manner and on the terms stipulated by this Agreement.
3.4. The list of services with their cost is posted in the Booking System.
4. Rights and obligations of the parties
4.1. The Customer has the right to:
4.1.1. Search, book and pay for hotel services through the System and other methods specified on the reikartz.com website. At the same time, the Customer acknowledges that in the event of using the System, he fully and unconditionally accepts the terms of this Offer, regardless of the method by which the booking and payment for the Order were made.
4.1.2. Receive the declared and paid services in full under the agreed terms.
4.1.3. Refuse accommodation services under the terms specified in this Agreement and the Accommodation Rules.
4.2. The Contractor has the right to:
4.2.1. Require the Customer to provide documents confirming the accuracy of the personal data provided upon accommodation.
4.2.2. Refuse to accommodate the Customer:
in case of refusal to agree to the terms of the Offer Agreement and/or the Accommodation Rules;
in case of violation of the terms of payment for the declared services;
in other cases established by the Accommodation Rules.
4.2.3. Require the Customer to adhere to all procedures for Ordering and booking services provided for by the Booking System and in this Agreement. Whatever actions the Customer takes, the Contractor is responsible for the proper execution of only those actions and procedures performed in full compliance with the booking procedure.
4.2.4. Engage third parties to perform booking services for the purpose of fulfilling this Agreement.
4.2.5. Terminate the Agreement unilaterally and extrajudicially if the Customer has provided the Contractor with false information or contact details, as well as knowingly false and/or illegally used by the Customer payment card details.
4.3. The Customer undertakes to:
4.3.1. Not proceed with the Order without first reviewing this Offer and the Accommodation Rules.
4.3.2. Provide the accommodation service with the necessary personal data for check-in at the Contractor's Hotels.
4.3.3. Timely pay for the services rendered by the Contractor in the amount, terms and manner established by this Agreement and the current price list on the date of Booking Confirmation.
4.3.4. When staying at the Hotel, comply with the Accommodation Rules and the Offer Agreement.
4.3.5. Unless otherwise provided by this Agreement or follows from the essence of the obligations or requirements of the law, the contractual rights and obligations of the Customer shall also extend to the persons in whose interests this Agreement is concluded.
4.4. The Contractor undertakes to:
4.4.1. Provide the Customer with the necessary information about the Hotel and its services on the reikartz.com website, as well as instructions for placing and paying for the Order.
4.4.2. Provide the Customer with services in full during the term of this Agreement, using its own resources, funds or with the involvement of third parties.
4.4.3. Provide objective information about the services provided, provide services with high quality and in accordance with the procedure for the provision of services.
4.4.4. Transfer to the Customer all necessary completed documents related to accommodation and stay in Hotels.
4.4.5. Provide additional services to the Customer on a paid basis in accordance with the Hotel price list.
4.4.6. When canceling an Order, confirm the cancellation of services under the conditions stipulated by the Offer Agreement and the Accommodation Rules.
5. Booking and payment procedures. Cancellation of booking
5.1. The Customer gets access to the Booking System on the website at: reikartz.com The Customer books a hotel room independently using the Booking System.
5.2. The cost of the Contractor's services is determined in accordance with the price list and booking conditions for each offer for accommodation and temporary residence published in the Booking System and is calculated in Uzbek sums and US dollars.
5.3. After registration of the booking services, accommodation and temporary residence services, the Customer is sent an invoice generated on the basis of the selected services within 1 (one) day. The Customer pays 100% of the invoice as an advance payment within 5 (five) days from the date of the invoice. With 100% advance payment, the Contractor guarantees the provision of services; in the absence of 100% advance payment, the provision of hotel services is not considered guaranteed by the Contractor.
5.4. Before payment, the Customer may cancel the Order or make changes to the Order in the Booking System at any time.
5.5. In case of cancellation of the reservation (cancellation of the reservation) 7 (seven) days or more before the arrival date, the Contractor shall refund the funds to the Customer in full, which shall be transferred no later than 10 (ten) banking days.
5.6. In case of cancellation of the reservation 6 (six) days or less before the arrival date, the Contractor shall refund the funds, minus the imposition of penalties established by clause 6.12. of the Offer.
5.7. Cancellation of the reservation is considered accepted after the Contractor confirms receipt of a written notice of Cancellation.
6. Liability. Dispute Resolution
6.1. The Customer represents the interests of all persons specified during the Booking and is personally liable to the Contractor for the accuracy of the data about them, the fulfillment by all persons of all obligations, including the obligation to pay for the Order and pay a fine in the event of refusal to provide services (including failure to check into the hotel).
6.2. Changes in the personal data of the Customer or other persons specified by the Customer in the completed order, at the discretion of the Contractor, may result in the loss of force of the cost of services (tariffs) agreed in the Order.
6.3. The Contractor shall not be liable in the event of non-performance or improper performance of services on its part or on the part of third parties, arising due to the inaccuracy, insufficiency or untimeliness of information and documents provided by the Customer, as well as arising as a result of other violations of the terms of the Agreement and / or Booking Rules by the Customer.
6.4. The Contractor shall not be liable to the Customer in the event of being late for the check-in time at the hotel by more than 1 day.
6.5. The Contractor shall not be liable for the discrepancy between the provided service and the Customer's expectations and their subjective assessment.
6.6. The Contractor shall not be liable for the impossibility of providing service to the Customer due to any technical reasons beyond its control, including disruption of communication channels, equipment malfunction, etc.
6.7. The Contractor shall not be liable for the quality of the provided utilities to the Customer, if the provision of these services does not depend on the Contractor.
6.8. In the event of claims during the stay at the hotel, the Customer must contact the hotel representative to eliminate the deficiencies in the provision of services. The Parties shall make every effort to reach an agreement on contentious issues through negotiations, taking into account the terms of this Offer.
6.9. The Contractor shall be liable to the Customer within the framework of this Agreement and the Hotel Accommodation Rules.
6.10. For all other issues not provided for in this Offer, the Parties shall be guided by the current legislation of the Republic of Uzbekistan. All possible disputes arising from the provisions of the Offer will be resolved by the pre-trial claim procedure, consisting of sending a claim to one of the Parties and providing 10 days to respond to the stated claim.
6.11. In the absence of an agreement between the Customer and the Contractor, which could have been reached at the stage of claim (pre-trial) regulation, one of the parties has the right to apply to the court with a demand to restore their violated rights and legitimate interests in accordance with the current legislation of the Republic of Uzbekistan.
6.12. The Customer, in case of violation of the terms established in paragraph 5.6 of the Offer (terms and conditions of cancellation) undertakes to pay the Contractor a penalty in the amount of the cost of 1 day's accommodation in the booked category of hotel room.
7. Confidentiality
7.1. The Customer is guaranteed the confidentiality of the data provided by him/her when registering in the System, placing and paying for the Order. This information is necessary to process the Order and complete the booking procedure (including the booking confirmation, which will be sent to the Customer's email address).
By accepting this Offer, the Customer gives his/her Consent, equivalent to written consent, to the processing by the Contractor of all personal data received from the Customer. The Customer's consent is valid until the date of its revocation and can be revoked only in the event of violations on the part of the Contractor.
7.2. The Contractor has the right to store personal data, use them to establish contact with the Customer and his/her family members, to draw up documents, provide personal data to the hotel, payment systems, as well as authorized bodies and use personal data for other needs related to the provision of services. The Contractor will not provide personal information to third parties without the consent of the Customer, except for cases stipulated by the relevant legislation of the Republic of Uzbekistan.
8. Force Majeure Circumstances
8.1. The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement if such failure was the result of force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions.
8.2. Force majeure circumstances include, but are not limited to: natural disasters, military actions, national crisis, strikes in an industry or region, actions and decisions of government authorities, failures in telecommunications and energy networks, the action of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware of each of the Parties.
8.3. The Party to this Agreement affected by force majeure circumstances must immediately notify the other Party by telegram, e-mail, or other available means of the occurrence, type and possible duration of force majeure circumstances preventing the fulfillment of Contractual obligations. If the above-mentioned events are not reported in a timely manner, the Party affected by the force majeure circumstance cannot refer to it as a basis for exemption from liability.
9. Term of the Agreement. Amendment and termination of the Agreement
9.1. The Agreement is considered concluded from the moment the Customer accepts this Offer and is valid until the parties fulfill all their obligations under this Agreement.
9.2. The Contractor has the right to unilaterally and extrajudicially refuse to perform the Agreement for the provision of booking services.
9.3. The Contractor has the right to change the terms of this Offer and its Appendices, introduce new Appendices to this Offer without prior notice to the Customer. Knowing about the possibility of such changes, the Customer agrees that they will be made. All changes and additions to the Agreement come into force from the moment of publication in the Booking System. If the Customer continues to use the Contractor's services after such changes, this means his consent to them.
9.4. This Agreement may be terminated at any time at the initiative of the Customer or the Contractor in the event of a violation of the provisions of this Agreement by sending the other party a corresponding notice by letter by mail, e-mail or in person.
10. Consent to the processing of personal data
The Customer, acting in his own interests, in order to fulfill the terms of the Agreement for the provision of services specified by the parties, voluntarily, of his own free will and in his own interests gives consent to HMC U LLC for the automated and non-automated processing of his (the Customer's) personal data (last name, first name, patronymic; year, month, day of birth; gender; passport details (series, number, date of issue, name of the issuing authority) and citizenship; residential address (according to passport and actual), home and mobile phone numbers; passport/foreign passport number and its validity period; last name and first name as indicated in the passport/foreign passport; other information, strictly to the extent necessary for the provision of services included in the Agreement for the provision of services), as well as other third parties directly providing services, to use all of the listed data for: hotel reservations; conclusion and execution of agreements for the provision of services by subcontractors, performance of other actual actions related to the provision of services under this Agreement.
Address and details of the Contractor.
Details of Limited Liability Company "HMC U":
In Uzbek sum:
INN 309265770
Legal / Postal address: Republic of Uzbekistan, Tashkent, Yakkasaray district, st. A. Kakhhara, 150
Current account (in soums) 20208000805489371001
Bank TGF JSCB "Kapitalbank"
MFO Bank code 00445
Bank INN 201052301
In US Dollars:
Address: Republic of Uzbekistan, Tashkent, Yakkasaray district, st. A. Kakhhara, house 150.
Registration number: 1095104 from 02/08/2022
INN 309265770
Bank details:
Current account: 20208840905489371001
Bank: TGF Capital Bank
MFO bank code: 00445 SWIFT: KACHUZ22
In Russian rubles:
Address: Republic of Uzbekistan, Tashkent, Yakkasaray district, st. A. Kakhhara, house 150.
Registration number: 1095104 from 02/08/2022
INN 309265770
Bank details:
Current account: 2020 8643 1054 8937 1001
Bank: TGF Capital Bank
MFO bank code: 00445 SWIFT: KACHUZ22
Correspondent bank for payment in rubles:
JSCB "Asia Invest Bank"
BIC 044525234, TIN 7724187003, checkpoint 770601001
SWIFT: ASIJRUMM corr.accounts 3011 1810 3000 0000 0478
